Constitución del Estado de Georgia

Artículo VIII. EDUCATION · Artículo VIII. EDUCATION · Sección I. PUBLIC EDUCATION

Art. VIII, Sec. I, Para. I. Public education; free public education prior to college or postsecondary level; support by taxation.

Vigente

Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.

Una disposición constitucional que se muestra como vigente está vigente tal como está impresa en el volumen. Una decisión judicial puede hacer inaplicable una disposición impresa sin cambiar el volumen, y el volumen no registra eso.

El texto siguiente es la ley tal como la imprime el estado, en inglés.

The provision of an adequate public education for the citizens shall be a primary obligation of the State of Georgia. Public education for the citizens prior to the college or postsecondary level shall be free and shall be provided for by taxation, and the General Assembly may by general law provide for the establishment of education policies for such public education. The expense of other public education shall be provided for in such manner and in such amount as may be provided by law. (Ga. Const. 1983, Art. 8, § 1, Para. 1; Ga. L. 2012, p. 1364, § 1/HR 1162.)

Las notas siguientes se imprimen con la sección, pero no son ley promulgada (O.C.G.A. § 1-1-1(c)). Se muestran aparte del texto.

Editor's notes

The constitutional amendment (Ga. L. 2012, p. 1364, § 1/HR 1162), which added ‘‘, and the General Assembly may by general law provide for the establishment of education policies for such public education’’ at the end of the second sentence, was ratified at the general election held on November 6, 2012.

Cross references

Generally, § 20-2-131. Power of counties to levy and collect taxes for educational purposes, § 48-5-400.

Law reviews

For survey article on constitutional law, see 34 Mercer L. Rev. 53 (1982). For survey article on local government law, see 34 Mercer L. Rev. 225 (1982). For article on the 2012 Constitutional amendment, see 29 Ga. St. U.L. Rev. 1 (2012). For comment on Crim v. McWhorter, 242 Ga. 863, 252 S.E.2d 421 (1979), see 31 Mercer L. Rev. 341 (1979). For comment, ‘‘Enforcing the Right to a Public Education for Children Afflicted with AIDS,’’ see 36 Emory L.J. 603 (1987). For comment, ‘‘Teacher Competency Testing: ‘Decertification’ and the Federal Constitution and Title VII,’’ see 37 Emory L.J. 1077 (1988). For note and comment, ‘‘School Choice: Constitutionality and Possibility in Georgia,’’ see 24 Ga. St. U.L. Rev. 587 (2007).

Otras notas (17 entradas, tal como están impresas)

1976 Constitution.: Art. VIII, Sec. I, Para. I; Art. VIII, Sec. VIII, Para. I.
Immunity of school district.: School district was not an arm of the state for purposes of federal immunity, even though the district carried out the state’s constitutional duty to provide public education. Lightfoot v. Henry County Sch. Dist., 771 F.3d 764 (11th Cir. 2014). tion is not violative of state equal protection as it bears a rational relationship to legitimate state purposes. McDaniel v. Thomas, 248 Ga. 632, 285 S.E.2d 156 (1981). tricts from improving opportunities
System of financing public educa-Paragraph neither restricts disnor requires state to equalize opportunities between districts.: ‘‘Adequate education’’ provisions of Constitution do not restrict local school districts from doing what they can to improve educational opportunities within district, nor do they require the state to equalize educational opportunities between districts. McDaniel v. Thomas, 248 Ga. 632, 285 S.E.2d 156 (1981) (see Ga. Const. 1983, Art. VIII, Sec. I, Para. I). Time period tuition-free education
guaranteed.: Although the right to a free education is guaranteed by the Constitution of the State of Georgia, this right is presently limited to 180 days of tuition-free education. Crim v. McWhorter, 242 Ga. 863, 252 S.E.2d 421 (1979), commented on in 31 Mercer L. Rev. 341. There is no constitutional right to
attend school for summer quarter.: Therefore, the denial of attendance at summer school to students who do not pay a tuition or students who reside in school districts which choose not to conduct summer school sessions is not a denial of equal protection under this paragraph. Crim v. McWhorter, 242 Ga. 863, 252 S.E.2d 421 (1979), commented on in 31 Mercer L. Rev. 341. A common school department in a private school is subject to the laws governing common schools. Wilson v. Stanford, 133 Ga. 483, 66 S.E. 258 (1909).
High schools included.: The state system of education provided for in this paragraph of the Constitution embraces high schools operated by funds whether derived from taxation or otherwise; and no matriculation fee can be charged for children within the school age. Brinson v. Jackson, 168 Ga. 353, 148 S.E. 96 (1929) (see Ga. Const. 1983, Art. VIII, Sec. I, Para. I). Acceptance of state funds estops school from excluding children in
district.: A consolidated public school or high school established and maintained in a consolidated school district in part by state funds is a common school of this state, admission to which must be free. The trustees (school board) by accepting the benefits of such funds are estopped from denying that this school is subject to the constitutional provision making the common schools free to the children of the state residing in the district. Wilson v. Stanford, 133 Ga. 483, 66 S.E. 258 (1909); Brinson v. Jackson, 168 Ga. 353, 148 S.E. 96 (1929). Discrimination based on payment
of matriculation fees prohibited.: A public school which discriminates between children of parents who pay matriculation fees and children of parents who do not pay such fees violates this provision of the Constitution that the public schools shall be free to all children of this state. Moore v. Brinson, 170 Ga. 680, 154 S.E. 141 (1930) (see Ga. Const. 1983, Art. VIII, Sec. I, Para. I). A child residing in school district cannot be charged a fee for matriculation. Mayor of Gainesville v. Simmons, 96 Ga. 477, 23 S.E. 508 (1895); Mayor of Gainesville v. Simmons, 99 Ga. 400, 27 S.E. 710 (1896); Brewer v. Ray, 149 Ga. 596, 101 S.E. 667 (1919); Moore v. Brinson, 170 Ga. 680, 154 S.E. 141 (1930). The purpose for which the funds are to be used is immaterial. Wilson v. Stanford, 133 Ga. 483, 66 S.E. 258 (1909). It is doubtful if a matriculation fee can be imposed before entrance in a high school. Brewer v. Ray, 149 Ga. 596, 101 S.E. 667 (1919).
Deducting funds for unfunded pension expenses from charter schools.: — Pursuant to the plain language of O.C.G.A. § 20-2-2068.1(c), a school system and school board had no authority or discretion to deduct the system’s unfunded pension expense of $ 38.6 million from their calculation of local revenue to be distributed to start-up charter schools; the start-up charter schools were entitled to mandamus relief. Atlanta Indep. Sch. Sys. v. Atlanta Neighborhood Charter Sch., 293 Ga. 629, 748 S.E.2d 884 (2013). These rules do not apply to nonresidents. Irvin v. Gregory, 86 Ga. 605, 13 S.E. 120 (1891). Having extended to all children in Georgia the right to an education, the state cannot arbitrarily withdraw that right. Wells v. Banks, 153 Ga. App. 581, 266 S.E.2d 270 (1980). Interscholastic sports not essential
to curriculum.: Although an important part of a school’s program, interscholastic sports are extracurricular and not essential to the prescribed curriculum which must be made available to all of Georgia’s children. Smith v. Crim, 240 Ga. 390, 240 S.E.2d 884 (1977). Those choosing to resort to the educational institutions maintained with funds of the state are subject to the commands of the state and the Board of Education of a city is a governmental agency, and those wishing to avail themselves of the free education provided by the public schools of that city are amenable to the reasonable commands of its supervising body, the City Board of Education. Leoles v. Landers, 184 Ga. 580, 192 S.E. 218, appeal dismissed, 302 U.S. 656, 58 S. Ct. 364, 82 L. Ed. 507 (1937). The salute of the United States flag by a pupil ‘‘is by no stretch of the imagination a religious rite.’’ It is a gesture of patriotism, signifying respect for the American government and its institutions and ideals, and where a pupil of one of the schools of the public school system of a city absolutely and continuously refuses to salute the United States flag, the privilege extended to such child of free education afforded by such school may be withdrawn and the child expelled from school. Leoles v. Landers, 184 Ga. 580, 192 S.E. 218, appeal dismissed, 302 U.S. 656, 58 S. Ct. 364, 82 L. Ed. 507 (1937).
Refusal to salute flag.: Requirement of school authorities that all pupils shall salute the flag of the United States, and their action in expelling from school a pupil who refuses to salute the flag, violates no rights secured to the child by the Constitution of the United States or of the State of Georgia, even though the child is a member of a religious sect calling themselves ‘‘Jehovah’s Witnesses,’’ who deem it a sin to salute the United States flag, in that such act constitutes a violation of one of the precepts of their religion forbidding ‘‘them to worship any image, emblem, person, or thing, save and except Almighty God.’’ Leoles v. Landers, 184 Ga. 580, 192 S.E. 218, appeal dismissed, 302 U.S. 656, 58 S. Ct. 364, 82 L. Ed. 507 (1937). Permanent expulsion of a student for disciplinary reasons was not contrary to law since the constitutional right to free public education may be limited and the applicable statute, O.C.G.A. § 20-2-751, does not prohibit permanent expulsion; further, such expulsion does not conflict with or violate O.C.G.A. § 20-2-690.1, the compulsory attendance law. D.B. v. Clarke County Bd. of Educ., 220 Ga. App. 330, 469 S.E.2d 438 (1996). State is not strictly liable for alleged unlawful segregation activities by local schools. However, it has continuing authority and obligation to insure that local education agencies have completely eliminated all vestiges of the dual system and have not adopted practices that will cause racial separation. Georgia State Conference v. Georgia, 570 F. Supp. 314 (S.D. Ga. 1983). Cited in Cumming v. Richmond County Bd. of Educ., 103 Ga. 691, 29 S.E. 488 (1898); Callihan v. Reid, 149 Ga. 704, 101 S.E. 914 (1920); Smith v. Tolbert, 160 Ga. 268, 127 S.E. 868 (1925); Hooten v. Hooten, 168 Ga. 86, 147 S.E. 373 (1929); Board of Educ. & Orphanage v. State Bd. of Educ., 186 Ga. 200, 197 S.E. 261 (1938); County Bd. of Educ. v. Young, 187 Ga. 644, 1 S.E.2d 739 (1939); Board of Pub. Educ. & Orphanage v. State Bd. of Educ., 190 Ga. 581, 10 S.E.2d 365 (1940); Bennett v. Day, 92 Ga. App. 680, 89 S.E.2d 674 (1955); Holmes v. Danner, 191 F. Supp. 394 (M.D. Ga. 1961); McCorkle v. Woddail, 220 Ga. 626, 140 S.E.2d 849 (1965); Young v. State, 132 Ga. App. 790, 209 S.E.2d 96 (1974); Williams v. Owen, 241 Ga. 363, 245 S.E.2d 638 (1978); Concerned School Patrons & Taxpayers v. Ware County Bd. of Educ., 245 Ga. 202, 263 S.E.2d 925 (1980); Deriso v. Cooper, 246 Ga. 540, 272 S.E.2d 274 (1980).
regulatory board.: To permit a regulatory board, such as the State Board of Cosmetology, created by Ga. L. 1963, p. 45, §§ 1 and 2, Ch. 10, T. 43, to administer a course of study in the public school system, 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 in the public schools, would be in violation of this paragraph, former Code 1933, § 32-403 (see now O.C.G.A. §§ 20-2-11 and former 20-2-671 (repealed)); therefore, public schools offering courses in cosmetology are not required to pay the school registration fee; the teachers license fee, and students in such schools taking cosmetology courses are not required to pay the students registration fee required by Ga. L. 1963, p. 45. 1963-65 Op. Att’y Gen. p. 250 (see Ga. Const. 1983, Art. VIII, Sec. I, Para. I). A charge for matriculation cannot be imposed as a condition precedent to admission of children to a public school which forms a part of the general school system of children living in the territory of the school and otherwise qualified; however, the right of school authorities to charge tuition for children who are nonresidents of the territory where the school is located has never been and cannot be seriously doubted. 1958-59 Op. Att’y Gen. p. 137. No matriculation fee for military or
R.O.T.C. training.: The State Board of Education has no specific regulation concerning military or R.O.T.C. training; however, the local board of education has a discretionary authority to include such training in its curriculum but no state educational funds would come into the program. Should the local board of education see fit to include military or R.O.T.C. training as a part of its curriculum, no tuition or matriculation fee could be charged by the local school authorities as a condition precedent to a pupil enrolling in a course in military or R.O.T.C. training. 1957 Op. Att’y Gen. p. 108. Provision of free tuition has not dents of the state or school area when such nonresidents enter Georgia schools even where the nonresident pays school property taxes on Georgia property. 1948-49 Op. Att’y Gen. p. 140. This paragraph neither states nor implies that no educational services may be provided to noncitizens in Georgia public schools, with tuition charged therefor. 1980 Op. Att’y Gen. No. 80-152 (see Ga. Const. 1983, Art. VIII, Sec. I, Para. I).
been extended to include nonresi-Attendance outside of district.: The school laws of the State of Georgia do not prohibit a child from receiving an education in a school system other than that in which the child resides; however, if a child desires to enter a school in any other territory, it is permissible to charge such child tuition for the privilege. 1974 Op. Att’y Gen. No. 74-70. A board of education may charge nonresident students tuition. 1963-65 Op. Att’y Gen. p. 737. pation in summer program need not consider difficulty of private school
Application procedure for particistudents to participate.: The Superintendent is authorized to select screening procedures for selection for participation in a summer educational program without regard as to whether or not the application of procedures, at least where reasonable from an educational or administrative viewpoint, makes it difficult or even impossible for students who have enrolled in a private or parochial school during the prior school year to participate. 1963-65 Op. Att’y Gen. p. 430. Tuition for school enrichment
courses.: Once the Quality Basic Education Act, O.C.G.A. § 20-2-130 et seq., becomes effective, a local school system may offer driver’s education and other enrichment courses during the regular school day and may charge tuition or fees for the provision of the courses. 1985 Op. Att’y Gen. No. 85-35.
ALR.: Schools: extent of legislative power with respect to attendance and curriculum, 53 ALR 832. Power of Legislature to impose noneducational function upon state educational institution or instructors therein, 67 ALR 1032. What is common or public school within contemplation of constitutional or statutory provisions, 113 ALR 697. Validity of legislative delegation of taxing power to school districts in absence of express constitutional provision authorizing such delegation, 113 ALR 1416. Validity of exaction of fees from children attending elementary or secondary public schools, 41 ALR3d 752. Validity of basing public school financing system on local property taxes, 41 ALR3d 1220. AIDS infection as affecting right to attend public school, 60 ALR4th 15. Procedural issues concerning public school funding cases, 115 ALR5th 563.

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Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.

Texto leído de 2ga-const-(v2)-2016-pdf.pdf, Volumen V2, edición 2016, páginas 1256 a 1260; acción de fusión: annotated; SHA-256 del archivo 1b27199d8655.