GEORGIA CONSTITUTION
ARTICLE VIII SECTION 5
LOCAL SCHOOL SYSTEMS

ART. VIII §5 ¶1 | SCHOOL SYSTEMS CONTINUED; CONSOLIDATION OF SCHOOL SYSTEMS AUTHORIZED; NEW INDEPENDENT SCHOOL SYSTEMS PROHIBITED

Authority is granted to county and area boards of education to establish and maintain public schools within their limits; provided, however, that the authority provided for in this paragraph shall not diminish any authority of the General Assembly otherwise granted under this article, including the authority to establish special schools as provided for in Article VIII, Section V, Paragraph VII. Existing county and independent school systems shall be continued, except that the General Assembly may provide by law for the consolidation of two or more county school systems, independent school systems, portions thereof, or any combination thereof into a single county or area school system under the control and management of a county or area board of education, under such terms and conditions as the General Assembly may prescribe; but no such consolidation shall become effective until approved by a majority of the qualified voters voting thereon in each separate school system proposed to be consolidated. No independent school system shall hereafter be established.

ART. VIII §5 ¶2 | BOARDS OF EDUCATION

Each school system shall be under the management and control of a board of education, the members of which shall be elected as provided by law. School board members shall reside within the territory embraced by the school system and shall have such compensation and additional qualifications as may be provided by law. Any board of education to which the members are appointed as of December 31, 1992, shall continue as an appointed board of education through December 31, 1993, and the appointed members of such board of education who are in office on December 31, 1992, shall continue in office as members of such appointed board until December 31, 1993, on which date the terms of office of all appointed members shall end.

ART. VIII §5 ¶3 | SCHOOL SUPERINTENDENTS

There shall be a school superintendent of each system appointed by the board of education who shall be the executive officer of the board of education and shall have such qualifications, powers, and duties as provided by general law. Any elected school superintendent in office on January 1, 1993, shall continue to serve out the remainder of his or her respective term of office and shall be replaced by an appointee of the board of education at the expiration of such term.

ART. VIII §5 ¶4 | RESERVED

ART. VIII §5 ¶5 | POWER OF BOARDS TO CONTRACT WITH EACH OTHER

(a) Any two or more boards of education may contract with each other for the care, education, and transportation of pupils and for such other activities as they may be authorized by law to perform.

(b) The General Assembly may provide by law for the sharing of facilities or services by and between local boards of education under such joint administrative authority as may be authorized.

ART. VIII §5 ¶6 | POWER OF BOARDS TO ACCEPT BEQUESTS, DONATIONS, GRANTS, AND TRANSFERS

The board of education of each school system may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of such system.

ART. VIII §5 ¶7 | SPECIAL SCHOOLS

(a) The General Assembly may provide by law for the creation of special schools in such areas as may require them and may provide for the participation of local boards of education in the establishment of such schools under such terms and conditions as it may provide; but no bonded indebtedness may be incurred nor a school tax levied for the support of special schools without the approval of the local board of education and a majority of the qualified voters voting thereon in each of the systems affected. Any special schools shall be operated in conformity with regulations of the State Board of Education pursuant to provisions of law. Special schools may include state charter schools; provided, however, that special schools shall only be public schools. A state charter school under this section shall mean a public school that operates under the terms of a charter between the State Board of Education and a charter petitioner; provided, however, that such state charter schools shall not include private, sectarian, religious, or for profit schools or private educational institutions; provided, further, that this Paragraph shall not be construed to prohibit a local board of education from establishing a local charter school pursuant to Article VIII, Section V, Paragraph I. The state is authorized to expend state funds for the support and maintenance of special schools in such amount and manner as may be provided by law; provided, however, no deduction shall be made to any state funding which a local school system is otherwise authorized to receive pursuant to general law as a direct result or consequence of the enrollment in a state charter school of a specific student or students who reside within the geographic boundaries of the local school system.

(b) Nothing contained herein shall be construed to affect the authority of local boards of education or of the state to support and maintain special schools created prior to June 30, 1983.

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GEORGIA CONSTITUTIONARTICLE VIII SECTION 5LOCAL SCHOOL SYSTEMS

ART. VIII §5 ¶1 | SCHOOL SYSTEMS CONTINUED; CONSOLIDATION OF SCHOOL SYSTEMS AUTHORIZED; NEW INDEPENDENT SCHOOL SYSTEMS PROHIBITED

ART. VIII §5 ¶2 | BOARDS OF EDUCATION

ART. VIII §5 ¶3 | SCHOOL SUPERINTENDENTS

ART. VIII §5 ¶4 | RESERVED

ART. VIII §5 ¶5 | POWER OF BOARDS TO CONTRACT WITH EACH OTHER

ART. VIII §5 ¶6 | POWER OF BOARDS TO ACCEPT BEQUESTS, DONATIONS, GRANTS, AND TRANSFERS

ART. VIII §5 ¶7 | SPECIAL SCHOOLS

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