GEORGIA CONSTITUTION
ARTICLE VIII
EDUCATION
ART. VIII §1 ¶1 | PUBLIC EDUCATION; FREE PUBLIC EDUCATION PRIOR TO COLLEGE OR POSTSECONDARY LEVEL; SUPPORT BY TAXATION
ART. VIII §2 ¶1 | STATE BOARD OF EDUCATION
(b) The State Board of Education shall have such powers and duties as provided by law.
(c) The State Board of Education may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of the state educational system.
(d) The qualifications, compensation, and removal from office of the members of the board of education shall be as provided by law.
ART. VIII §3 ¶1 | STATE SCHOOL SUPERINTENDENT
ART. VIII §4 ¶1 | UNIVERSITY SYSTEM OF GEORGIA; BOARD OF REGENTS
(b) The board of regents shall have the exclusive authority to create new public colleges, junior colleges, and universities in the State of Georgia, subject to approval by majority vote in the House of Representatives and the Senate. Such vote shall not be required to change the status of a college, institution or university existing on the effective date of this Constitution. The government, control, and management of the University System of Georgia and all of the institutions in said system shall be vested in the Board of Regents of the University System of Georgia.
(c) All appropriations made for the use of any or all institutions in the university system shall be paid to the board of regents in a lump sum, with the power and authority in said board to allocate and distribute the same among the institutions under its control in such way and manner and in such amounts as will further an efficient and economical administration of the university system.
(d) The board of regents may hold, purchase, lease, sell, convey, or otherwise dispose of public property, execute conveyances thereon, and utilize the proceeds arising therefrom; may exercise the power of eminent domain in the manner provided by law; and shall have such other powers and duties as provided by law.
(e) The board of regents may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of the University System of Georgia.
(f) The qualifications, compensation, and removal from office of the members of the board of regents shall be as provided by law.
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
(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
ART. VIII §5 ¶7 | SPECIAL SCHOOLS
(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.
ART. VIII §6 ¶1 | LOCAL TAXATION FOR EDUCATION
(b) School tax funds shall be expended only for the support and maintenance of public schools, public vocational-technical schools, public education, and activities necessary or incidental thereto, including school lunch purposes.
(c) The 20 mill limitation provided for in subparagraph (a) of this Paragraph shall not apply to those school systems which are authorized on June 30, 1983, to levy a school tax in excess thereof.
(d) The method of certification and levy of the school tax provided for in subparagraph (a) of this Paragraph shall not apply to those systems that are authorized on June 30, 1983, to utilize a different method of certification and levy of such tax; but the General Assembly may by law require that such systems be brought into conformity with the method of certification and levy herein provided.
ART. VIII §6 ¶2 | INCREASING OR REMOVING TAX RATE
ART. VIII §6 ¶3 | SCHOOL TAX COLLECTION REIMBURSEMENT
ART. VIII §6 ¶4 | SALES TAX FOR EDUCATIONAL PURPOSES
(b) The purpose or purposes for which the proceeds of the tax are to be used and may be expended include:
(2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (b)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or
(3) A combination of the foregoing.
(2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of debt shall also be the maximum amount of net proceeds to be raised by the tax; and
(3) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years.
(e) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state.
(f) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law.
(g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to an agreement between the county school system and the independent school district or districts or, if no agreement can be reached, according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest full-time equivalent count prior to the referendum on imposing the tax.
(h) Excess proceeds of the tax which remain following expenditure of proceeds for authorized projects or purposes for education shall be used solely for the purpose of reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds.
(i) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied.
(j)
(2) The restriction on and limitation of ad valorem taxing powers described in subparagraph (j)(l) of this Paragraph shall remain applicable with respect to proceeds received from the levy of a local sales and use tax specifically authorized by a constitutional amendment in force and effect pursuant to Article XI, Section I, Paragraph IV(a), as opposed to a local sales and use tax authorized by this Paragraph or by general law.
ART. VIII §7 ¶1 | EDUCATIONAL ASSISTANCE PROGRAMS AUTHORIZED
(2) To provide for a program of guaranteed loans to students and to parents of students for educational purposes and to pay interest, interest subsidies, and fees to lenders on such loans. The General Assembly is authorized to provide such tax exemptions to lenders as shall be deemed advisable in connection with such program.
(3) To match funds now or hereafter available for student assistance pursuant to any federal law.
(4) To provide grants, scholarships, loans, or other assistance to public employees for educational purposes.
(5) To provide for the purchase of loans made to students for educational purposes who have completed a program of study in a field in which critical shortages exist and for cancellation of repayment of such loans, interest, and charges thereon.
(c) The General Assembly shall be authorized by general law to provide for an education trust fund to assist students and parents of students in financing postsecondary education and to provide for contracts between the fund and purchasers for the advance payment of tuition by each purchaser for a qualified beneficiary to attend a state institution of higher education. Such general law shall provide for such terms, conditions, and limitations as the General Assembly shall deem necessary for the implementation of this subparagraph. Notwithstanding any provision of this Constitution to the contrary, the General Assembly shall be authorized to provide for the guarantee of such contracts with state revenues.
ART. VIII §7 ¶2 | GUARANTEED REVENUE DEBT
ART. VIII §7 ¶3 | PUBLIC AUTHORITIES
ART. VIII §7 ¶4 | WAIVER OF TUITION
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