GA Code § 20-2-520 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 2 - Elementary and Secondary Education|Article 11 - Public School Property and Facilities|Part 1 - Powers of Local Boards|§ 20-2-520. Acquiring and Disposing of School Sites; Building, Repairing, Renting, and Furnishing Schoolhouses

  The county boards of education shall have the power to purchase, lease, or rent school sites; build, repair, or rent schoolhouses; purchase maps, globes, and school furniture; and make all arrangements necessary to the efficient operation of the schools. Such county boards are invested with the title, care, and custody of all schoolhouses or other property, with the power to control such property in such manner as they think will best serve the interests of the public schools; and when, in the opinion of the county board, any schoolhouse site has become unnecessary or inconvenient, they may sell it in the name of the county board; and the conveyance for any such sale shall be executed by the president or secretary of the county board, according to the order of the county board. Such county boards shall have the power to receive any gift, grant, donation, or devise made for the use of the public schools within the respective counties; and all conveyances of real estate which may be made to such a county board shall vest the property in such county board and its successors in office. Such county board may provide for the building of schoolhouses by a tax on all property located in the county and outside the territorial limits of any independent school system. The construction of all public school buildings must be approved by the county school superintendent and county board and must be according to the plans furnished by the county school authorities and the State Board of Education. All public school construction contracts in excess of $100,000.00 shall be publicly advertised and awarded through an open and competitive process, regardless of the funding source.   If a schoolhouse site has become unnecessary or inconvenient, as provided by subsection (a) of this Code section, and if the state or the county or municipality whose territorial boundaries include such schoolhouse site needs such site for any governmental purpose, then the county board may sell or convey such schoolhouse site to the state or such county or municipality for such consideration and subject to such conditions, if any, as may be determined by such county board.   In addition to school property and facilities provided for in subsection (a) of this Code section, a county board of education or an area board of education is authorized to expend educational funds available to it for the purpose of acquiring, improving, and selling real or personal property in connection with its secondary and postsecondary vocational education curricula or program.    (Ga. L. 1919, p. 288, § 84; Code 1933, § 32-909; Ga. L. 1937, p. 882, § 18; Ga. L. 1946, p. 206, § 1; Ga. L. 1961, p. 35, § 9; Ga. L. 1962, p. 654, § 1; Ga. L. 1979, p. 657, § 1; Ga. L. 1984, p. 373, § 1; Ga. L. 1985, p. 149, § 20; Ga. L. 1999, p. 1236, § 1; Ga. L. 2010, p. 746, § 0.5/HB 703.)   Cross references.   - Authority of local boards of education to acquire property for conveyance to board of regents, § 20-3-59.   Editor's notes.   - Ga. L. 1999, p. 1236, § 2, not codified by the General Assembly, provided that the 1999 amendment was applicable to contracts entered into on or after May 3, 1999.   Law reviews.   - For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979).   JUDICIAL DECISIONS   Editor's note.   - In light of the similarity of the statutory provisions, decisions under former Code 1910, § 1551(89), which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.    Section gives to the county boards of education complete ownership of county school property with the right to buy and sell the property. Bailey v. County Bd. of Educ., 213 Ga. 308, 99 S.E.2d 124 (1957).   All property held by trustees legally passed to county board.    - By the Act of 1946 (Ga. L. 1946, p. 206), all property held in any capacity for school purposes by the trustees of any local school district passed by operation of law to and became vested in the county board of education. Duffee v. Jones, 208 Ga. 639, 68 S.E.2d 699 (1952).    In making sales of school property, the board is vested with broad discretion which will not be controlled unless the discretion is manifestly abused. Veal v. Smith, 221 Ga. 712, 146 S.E.2d 751 (1966).   Board may sell at private sale any property for which the board has absolute title.    - County board of education has the power to and may sell at private sale any schoolhouse property for which the board has absolute title when the board finds and by resolution declares that the property is not necessary or convenient for school purposes. But the board has no power or authority under this or any other provision to sell any property which has been conveyed to and accepted by the board, or the board's predecessor in title, in trust for educational purposes, except at public sale after proper leave to sell has been obtained from the superior court. Duffee v. Jones, 208 Ga. 639, 68 S.E.2d 699 (1952).   Board cannot control land given by private parties for specific purpose.    - This section confers no authority upon the board of education of the county to control or to sell and dispose of land which is given by private parties for a specific purpose. Dominy v. Stanley, 162 Ga. 211, 133 S.E. 245 (1926) (decided under former Code 1910, § 1551 (89)).   After bonds issued and sold, board may select school site.    - After a city issued and sold bonds to a given amount for the purpose of erecting a new school building, the board of education of that city had authority to select the site for and to construct the building. Chipstead v. Oliver, 137 Ga. 483, 73 S.E. 576 (1912) (decided under former Code 1910, § 1551 (89)).   Board may possess, control, and expend fund raised.    - Authority to select a school site, in the absence of anything to the contrary in the charter of the city, carries with it, by necessary implication, the power in the board to possess, control, and expend the fund raised by the sale of bonds in the performance of the board's public duty in erecting the building. City of Blakely v. Singletary, 138 Ga. 632, 75 S.E. 1054 (1912) (decided under former Code 1910, § 1551 (89)).   Board has income sources to satisfy judgment and authorized to pay back salary award.   - Even though a majority of funds controlled by a school board emanates from the state, the board has sufficient sources of income to satisfy a judgment, or the ability to raise it, as well as the authority to pay an award of back salary without transgressing state law. Davis v. Griffin-Spalding County Bd. of Educ., 445 F. Supp. 1048 (N.D. Ga. 1975).   Board may incur obligation even though contract not completed before members' terms end.    - Board of education may incur a lawful obligation to pay for the purchase or construction of a facility when sufficient funds are on hand for that purpose even though the construction contract may not be fully completed before the end of the term of some or all of the members of that body. Concerned School Patrons & Taxpayers v. Ware County Bd. of Educ., 245 Ga. 202, 263 S.E.2d 925 (1980).   Board may construct physical educational facilities.    - Boards of education have lawful authority to provide for and construct physical education facilities which may incidentally include a field house or related athletic facility. Concerned School Patrons & Taxpayers v. Ware County Bd. of Educ., 245 Ga. 202, 263 S.E.2d 925 (1980).   School districts may contract with, and pay, county for garbage disposal service.    - School districts have the authority and obligation to contract with, and pay for the service provided by, the county in disposing of garbage resulting from the operation of the school lunch program. Fletcher v. Russell, 151 Ga. App. 229, 259 S.E.2d 212, rev'd on other grounds, 244 Ga. 854, 262 S.E.2d 138 (1979).   Board empowered to close school term prior to time originally provided for.    - County board has power, after having specified the duration of a particular school term, to pass a resolution, after the expiration of six months of the term, closing the term prior to the time originally provided for. Board of Educ. v. Thurmond, 162 Ga. 58, 132 S.E. 427 (1926) (decided under former Code 1910, § 1551 (89)).   County commissioners not empowered to bind education board to operate schools for any particular time.    - Board of commissioners of a county has no power to contract with the county board of education as to bind the board of education to operate the schools for any particular time, and the board of education will not be bound by any promise to the board of county commissioners in regard to the length of time the board will operate the public schools at any term. Board of Educ. v. Thurmond, 162 Ga. 58, 132 S.E. 427 (1926) (decided under former Code 1910, § 1551 (89)).   Board has exclusive power to employ teachers.    - County board is empowered to employ teachers in the school under the board's jurisdiction, and this duty is exclusively vested in the board. Orr v. Riley, 160 Ga. 480, 128 S.E. 669 (1925) (decided under former Code 1910, § 1551 (89)).    Equity will not entertain jurisdiction of controversy as to location of site of school building, but will remand the parties to the parties' legal remedy. Meadows v. Board of Educ., 136 Ga. 153, 71 S.E. 146 (1911); Edge v. Garrett, 138 Ga. 93, 74 S.E. 758 (1912) (decided under former Code 1910, § 1551 (89)).    Cited in Usher v. State, 54 Ga. App. 345, 187 S.E. 881 (1936); Weeks v. State, 58 Ga. App. 440, 198 S.E. 809 (1938); Smith v. Jefferson County, 201 Ga. 674, 40 S.E.2d 773 (1946); Robinson v. State, 82 Ga. App. 584, 61 S.E.2d 773 (1950); Parker v. Board of Educ., 209 Ga. 5, 70 S.E.2d 369 (1952); Moore v. Wells, 212 Ga. 446, 93 S.E.2d 731 (1956); Ingram v. Doss, 217 Ga. 645, 124 S.E.2d 87 (1962); Oconee County v. Rowland, 107 Ga. App. 108, 129 S.E.2d 373 (1962); Grimes v. Clark, 226 Ga. 195, 173 S.E.2d 686 (1970); Ken Stanton Music, Inc. v. Board of Educ., 227 Ga. 393, 181 S.E.2d 67 (1971); Wright v. Baker County Bd. of Educ., 501 F.2d 131 (5th Cir. 1974).   OPINIONS OF THE ATTORNEY GENERAL   ANALYSIS    General Consideration   School Property   Attendance and Transportation    RESEARCH REFERENCES   Am. Jur. 2d.   - 68 Am. Jur. 2d, Schools, §§ 58 et seq., 64, 78 et seq., 91 et seq., 104, 105.   C.J.S.   - 78 C.J.S., Schools and School Districts, §§ 8, 9, 138 et seq., 508 et seq., 523 et seq., 535 et seq., 560 et seq. 78A C.J.S., Schools and School Districts, § 789 et seq.   ALR.    - Power to require construction or repair of school buildings, 1 A.L.R. 1559.    Gift for public school as a valid charitable gift, 48 A.L.R. 1126.    Gift for lectures as a valid charitable gift, 48 A.L.R. 1142.    Extent of power of school district to provide for the comfort and convenience of teachers and pupils, 52 A.L.R. 249.    Power of school or local authorities as to granting leases of school property, 111 A.L.R. 1051.    Particular purposes within contemplation of statute authorizing issuance of bonds or use of funds by school district for specified purposes, 124 A.L.R. 883.   Title to buildings when school lands revert for nonuse for school purposes, 28 A.L.R.2d 564.   Use of public school premises for religious purposes during nonschool time, 79 A.L.R.2d 1148.   Zoning regulations as applied to public elementary and high schools, 74 A.L.R.3d 136.