What Does "Legal Authority to Educate" mean?
The establishment of school systems is set forth in the Georgia Constitution of 1983, which states, “Authority is granted to county and area boards of education to establish and maintain public schools within their limits.” This means that it is up to every county in Georgia to establish a school system within its limits.
Furthermore, state law makes these county boards of education the “local school system,” and gives them the exclusive authority to “organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction.”
The net effect of these provisions is that it is the county that has the authority and obligation to educate all students within its borders, and only the county that has this authority. City governments have no legal say in the matter.
Sources:
- Ga. Const. Art. VIII, Sec. V., Para. I.
- O.C.G.A. § 20-1-9.
- O.C.G.A. § 20-2-290(a)(1).
