School board authority in Georgia
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Georgia state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Georgia law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.
Types of legal and contractual constraints on school board authority
This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.
There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.
- State laws commonly restrict or mandate school board policies on certain topics.
- Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
- State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
- Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
- The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
- Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
- State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.
This page features the following sections:
- Georgia law on school boards' authority over district policy. This section features the statutes in Georgia law that establish, enable, or define local school district boards.
- Constraints on Georgia school boards' authority. This section provides an overview of constraints on the school boards' authority in Georgia. It contains information on the constraints by the following topics:
- Collective bargaining agreements
- Parents' bill of rights
- How does Georgia compare to other states?
- Noteworthy Events. This section tracks noteworthy events related to school boards' authority in Georgia.
School board authority over district policy in Georgia
Enabling or authorizing statute for the boards of school districts in Georgia
- See also: Enabling statute
Georgia Statutes § 20-2-50 creates school district boards as the governing body of a school district and gives them authority to operate according to state law:[1]
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Georgia Statutes § 20-2-49 creates standards for those who serve on local school boards, including that their motivation to serve on as a board member should be to improve schools and academic achievement within their district:[3]
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Georgia Statutes § 20-2-72 requires local school boards to adopt a code of ethics and penalties for its violations.[4]
Georgia school boards' powers and duties
Georgia public school boards of directors are given broad authority to administer the public schools in Georgia, though state law includes specific duties of school boards throughout. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include
- hiring and firing teachers and other school personnel[5]
- developing disciplinary policy for the district[6]
The broad authority granted to school boards to manage school districts appears in GA Code § 20-2-61:[7]
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Constraints on Georgia school boards' authority
This section tracks constraints on school boards specific to Georgia as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.
Constraint on Georgia school boards' authority by topic
This section features constraints on Georgia school boards' authority on policies related to the following topics:
Curriculum requirements
Georgia requires school districts to include the following specific topics in their curriculum, among others:[8]
- The background, history, and development of the federal and state governments and Georgia county and municipal governments;
- the history of the U.S.;
- the history of Georgia;
- the U.S. and Georgia Constitutions including American institutions and ideals such as the Pledge of Allegiance;
- an alcohol and drug course;
- reading instruction following the science of reading method;[9]
- health and physical education; and
- financial literacy instruction.
Curriculum restrictions
Georgia law prohibits instruction in public schools regarding what the law calls divisive topics. Georgia Statutes § 20-1-11 is as follows:[10]
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Book bans, removals, and restrictions
Georgia school boards have the authority to remove books from school libraries. School boards decide whether or not to remove books challenged by the public from school libraries and classrooms.[12]
Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[13][14][15]
Parental notification
Georgia requires parental notification in the following circumstances:
- The local school board considers adjusting or adding instructional material to the district curriculum.[17]
- The student is slated to receive instruction in sex education. Parents must be notified before hand to be given the chance to opt their child out of sex education.[18]
Georgia school boards are required to adopt open enrollment policies for their district, which includes notifying parents of the number of open seats in each school in the district before the school year begins.[19]
Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[20]
Discipline
Georgia is one of 47 states that gives school boards authority over district disciplinary policy.
The text of Georgia Statutes § 20-2-735 is as follows:[6]
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School board elections
- See also: Rules governing school board election dates and timing in Georgia, How does Georgia compare to other states on school board authority over election timing?
Georgia is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.
Click here to read about the laws governing school board elections in Georgia.
Public school choice and open enrollment
- See also: School choice in Georgia
Local school boards in Georgia are required to adopt policies to facilitate intradistrict enrollment. Though there is no statewide requirement for school boards to adopt policies for interdistrict enrollment, local school boards can approve or deny the transfer of students between schools across district lines:[19][22]
Section 20-2-2131 - Enrollment of students in school to which not originally assigned; procedure; annual notification; exception
(a)
(1) Beginning in school year 2009-2010, the parent of a student enrolled in a public elementary or secondary school in this state may elect to enroll such student in a public school that is located within the school system in which the student resides other than the one to which the student has been assigned by the local board of education if such school has classroom space available after its assigned students have been enrolled. The parent shall assume the responsibility and cost of transportation of the student to and from the school.
(2) No later than July 1, 2009, each local school system shall establish a universal, streamlined process available to all students to implement the transfer requirements of paragraph (1) of this subsection.
(3) A student who transfers to another school pursuant to this subsection may, at his or her election, continue to attend such school until the student completes all grades of the school.
(4) This subsection shall not be construed to affect any student currently attending a school other than the school to which the student has been assigned by the local board of education pursuant to a transfer authorized under the federal No Child Left Behind Act (P.L. 107-110).
(b) The department shall establish a model universal, streamlined process to implement the transfer provisions of this Code section. Each local board of education shall adopt a universal, streamlined transfer process that includes, at a minimum, such state model. Such local process shall include a deadline for submitting transfer requests.
(c) Each local school system shall annually notify prior to each school year the parents of each student by letter, electronic means, or by such other reasonable means in a timely manner of the options available to parents under this article, including all relevant dates and deadlines. As a part of such annual notification process, each local school system shall post in a prominent location on its website the information required pursuant to this Code section.
(d) The local school system shall notify parents by July 1 of each year which schools have available space and to which of these schools parents may choose to request a transfer for their children.
(e) This Code section shall not apply to charter schools; provided, however, that each local board of education shall adopt a universal, streamlined transfer process that allows for transfers pursuant to paragraph (2) of subsection (d) of Code Section 20-2-2066.
(f) This Code section shall not apply to newly opened schools with available classroom space for a period of four years after the school opens.
Section 20-2-293 - [Effective 7/1/2025] Student attending school in system other than system of student's residence
(a)
(1) The provisions of this article and other statutes to the contrary notwithstanding, the State Board of Education shall provide a procedure whereby a student shall be permitted to attend and to be included as an enrolled student in the public schools of a local unit of administration other than the local unit of administration wherein the student resides for the purpose of allotting state funds under this article, notwithstanding absence of an agreement between the two local units and a refusal by the board of education of the local unit wherein the student resides to approve voluntarily such transfer of the student to the public schools of the other local unit; provided, however, that the board of education of the local unit is willing to receive and to permit such student to enroll in and to attend the public schools of such local unit. The state board shall adopt such rules, regulations, and policies as may be necessary for implementation of this Code section. Grant or refusal of permission for students to attend such schools, for the purpose of permitting state funds to follow such students, shall be subject only to approval of the enrolling student and the local unit of administration in which the student seeks to enroll. Local units of administration may contract with each other for the care, education, and transportation of students and for such other activities as they may be authorized by law to perform.
(2) Beginning July 1, 2026, and continuing thereafter, if a local unit of administration enrolls a student pursuant to paragraph (1) of this subsection and requires the student to pay tuition, the amount of tuition such local unit of administration may charge to such student shall not exceed total revenues less federal revenues less state revenues per full-time equivalent student for the local unit of administration that enrolls such student.
(b) Notwithstanding the provisions of subsection (a) of this Code section or any other general law, and except as provided by the General Assembly by local law, a student shall be allowed to attend and be enrolled in the school in which a parent or guardian of such student is a full-time teacher, paraprofessional, or other employee, notwithstanding the fact that such school is not located in the local unit of administration in which such student resides. Each local unit of administration shall be authorized to allow a student to attend and be enrolled in the school in which a parent or guardian of such student is a part-time teacher, paraprofessional, or other employee who works for at least 20 hours per school week on average measured monthly, notwithstanding the fact that such school is not located in the local unit of administration in which such student resides. Each local unit of administration of this state shall provide procedures to implement the provisions of this subsection."
Charter schools
- See also: Charter schools in Georgia, How does Georgia compare to other states on school board authority over charter schools?
Georgia is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.
Charter school petitioners must submit their applications to the local school board of the area in which the school is to be located, as well as the State Charter School Commission (SCSC) of Georgia. Local school boards must approve a petition that complies with the rules, regulations, policies, and procedures in Georgia Statutes 20-2-2063. If a local school board denies an application, information on why they denied it is relayed to the SCSC to be considered during their review of the application. The SCSC has the final say in approving or denying a charter application:[23][24][25]
Section 20-2-2064 - Approval or denial of petition
(a) A charter petitioner seeking to create a conversion charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 90 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial; and provided, further, that the local board shall not act upon a petition for a conversion charter school, including, but not limited to, a conversion charter for a high school cluster, until such petition:
(1)
(A) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and
(B) Has been freely agreed to, by secret ballot, by a majority of the parents or guardians of students enrolled in the petitioning local school present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; or
(2) If for a high school cluster, has been approved by a majority of the school councils in the high school cluster and has been freely agreed to, by secret ballot, by at least 60 percent of the combined vote of the faculty and instructional staff members of the high school cluster and the parents or guardians of students who reside in the attendance zone of such high school cluster present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. Each school council within the high school cluster shall appoint two representatives to a committee that shall conduct the vote. This subsection shall not apply to a system charter school petitioning to be a conversion charter school.
(b) A charter petitioner seeking to create a start-up charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 90 days after its submission unless the petitioner requests an extension. A denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial.
(c) A system charter school's school council or governing council, as applicable, may petition to become a conversion charter school. The petition shall be submitted to the local board of the charter system in which the school is located. The local board must by a majority vote approve or deny a petition no later than 90 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial.
(d) A local board shall approve a petition that complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If a local board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with respect to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner and the state board.
(e) The state board or the Charter Advisory Committee, if directed by the state board to do so, may mediate between the local board and a charter petitioner whose petition was denied to assist in resolving issues which led to denial of the petition by the local board.
691-2-.02 State Charter School Petitions
(5) State Charter School Petition Review Process. The SCSC staff shall review each state charter school petition that is submitted to ensure that all state charter schools authorized by the SCSC are consistent with state education goals. The SCSC may establish multiple petition review cycles and limit a cycle to a specific type of petitioner, including, but not limited to, petitioners seeking to replicate or expand an existing charter school. The SCSC review process includes a review for legal compliance, a substantive petition review, and an interview with charter school’s representatives. A local board of education may also express opposition or support for the charter petition during the state charter school petition review process.
...
(d) Position of the Local Board of Education. A local board of education may express its support or opposition of a state charter school petition to the SCSC, including the reasons it chose to deny the charter petition and the specific deficiencies in the charter petition that resulted in its denial. The local board of education may express its position in its written notification of denial to the charter school petitioner or through a separate written communication to the SCSC. All written communications of the local board of education expressing its support or opposition of a state charter school petition shall be included with the state charter school petition application for consideration by the SCSC and its staff.
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(8) Official Action.
(a) The SCSC may approve, deny, renew, or nonrenew state charter school petitions.
160-4-9-.05 CHARTER SCHOOLS PETITION PROCESS.
(1) CHARTER PETITION PROCESS.
(a) LETTERS OF INTENT. All applicants, including renewal applicants, who intend to submit a charter petition for local board of education (local board) consideration, shall use the Office of Charter School Compliance (OCSC) template to submit a letter of intent to both the OCSC and to the appropriate local board(s) at least six (6) months prior to the date on which the petition will be submitted to the OCSC. Petitioners should consult the OCSC website and consult with the applicable local school district(s) (local district) for timelines and requirements. Failure to submit a letter of intent shall not preclude an applicant from submitting a petition provided the applicant requests and receives a waiver for the letter of intent from both the OCSC and local district(s).
(b) CHARTER PETITION TIMELINE. By September 1 of each year, every local district shall publish a timeline for submitting and reviewing start-up petitions on its respective website. The timeline must:
1. Establish a final petition submission deadline that is on or before January 1, unless the OCSC approves an alternative deadline in advance.
2. Identify the time frame between when the local board approves the charter petition and when the charter school is expected to begin serving students (preopening period). The pre-opening period shall be at least 6 months.
3. Require the local board to, by majority vote, approve or deny a petition no later than June 30.
Cellphone bans
Georgia is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies. Georgia Governor Brian Kemp (R) signed HB340 on May 9, 2025, requiring school districts in the state to adopt policies prohibiting cellphone access during the school day for elementary and middle schools.[26]
Collective bargaining agreements
Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.
CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[27][28]
Georgia school boards are not legally allowed to engage in collective bargaining agreements with school employees.
Parents' bill of rights
Georgia is one of 26 states that has a Parents' Bill of Rights.
The statute holds that parents have the right to review all instructional materials intended for use in the classroom, prohibit photographs, videos, or voice recordings of their child, and to opt their child out of sex education, among other provisions. The text is as follows:[18]
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How does Georgia compare to other states?
This section compares Georgia's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.
Book bans, removals, and restrictions
Twenty-two (22) states have no laws regulating the curation of school library books. Twenty-eight (28) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:
- Twelve states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
- Ten states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
- Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
- Five states require school boards to establish local boards to review challenges to library books.
- Two states require school boards to allow parents to view a catalogue of books.
Some states have adopted multiple types of these policies.
Discipline
- School boards in 47 states have authority over disciplinary policy in their district.
- School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
- Individual schools in one state create their own disciplinary policy.
School board elections
School boards' authority over the timing of school board elections varies by state.
- School boards in 42 states do not have authority over election timing;
- School boards in five states can choose from limited options when to hold school board elections;
- School boards in two states can choose from a date range when to hold school board elections;
- The school board in Hawaii is not elected.
The map below shows the types of authority school boards in the states have to determine the timing of school board elections.
Charter schools
- See also: Charter schools in the United States
Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.
- 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
- 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
- 3 states do not have laws governing charter school authorization.
- 1 state allows school districts to apply to the state board of education to be a charter school district.
State cellphone laws
In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[29]
Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Five other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.
Parents' Bill of Rights
- See also: Parents' Bill of Rights in education
If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.
- 26 states have enacted a statewide Parents' Bill of Rights
- 24 states have not enacted a Parents' Bill of Rights.
Noteworthy events
- Georgia implements science of reading curriculum requirements (2025): Georgia Governor Brian Kemp (R) signed the Georgia Early Literacy and Dyslexia Act on April 28, 2025, requiring school districts to use the science of reading method when teaching reading and literacy K-3 classrooms.[30]
- Georgia school board bans books after firing teacher (2023): The Cobby County School District, Georgia, removed two books—Flamer by Mike Curato and Me and Earl and the Dying Girl by Jesse Andrews— from 20 school libraries on August 21, 2023, for “highly inappropriate, sexually explicit content,” according to the Associated Press. The decision followed the school board firing a teacher on August 17, 2023, for reading a book on gender identity to her fifth-grade class. [31]
See also
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
- Parents' Bill of Rights in education
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Footnotes
- ↑ Law.Justia.com, "GA Code § 20-2-50 (2023)," accessed January 23, 2025
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Law.Justia.com, "GA Code § 20-2-49 (2023)," accessed January 23, 2025
- ↑ Law.Justia.com, "GA Code § 20-2-72 (2023)," accessed January 23, 2025
- ↑ Law.Justia.com, "GA Code § 20-2-943," accessed January 23, 2025
- ↑ 6.0 6.1 Law.Justia.com, "GA Code § 20-2-735 (2023)," accessed January 23, 2025
- ↑ Law.Justia.com, "GA Code § 20-2-61," accessed January 23, 2025
- ↑ Law.Justia.com, "§§ 20-2-140 — 20-2-149.4," accessed January 23, 2025
- ↑ Legiscan, "GA HB307," accessed April 30, 2025
- ↑ Law.Justia.com, "GA Code § 20-1-11," accessed January 23, 2025
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ Casetext.com, "Section 20-2-324.6 - Complaint resolution policy for materials 'harmful to minors.'" accessed January 23, 2025
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ Law.Justia.com, "GA Code § 20-2-1017 (2023)," accessed January 23, 2025
- ↑ 18.0 18.1 Casetext.com, "Section 20-2-786 - Parents' Bill of Rights," accessed January 23, 2025
- ↑ 19.0 19.1 Casetext.com, "Section 20-2-2131 - Enrollment of students in school to which not originally assigned; procedure; annual notification; exception," accessed January 24, 2025
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." accessed July 7, 2025
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ Casetext.com, "Section 20-2-293 - [Effective 7/1/2025 Student attending school in system other than system of student's residence," accessed January 24, 2025]
- ↑ State Charter School Commission of Georgia, "691-2-.02 State Charter School Petitions," accessed January 24, 2025
- ↑ Casetext.com, "Section 20-2-2064 - Approval or denial of petition," accessed January 24, 2025
- ↑ Georgia Department of Education, "160-4-9-.05 Charter Schools Petition Process." accessed August 13, 2025
- ↑ BillTrack50, "Distraction-Free Education Act," accessed May 12, 2025
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
- ↑ Legiscan, "GA HB 307," accessed April 30, 2025
- ↑ Associated Press, "Georgia school district is banning books, citing sexual content, after firing a teacher," September 8, 2023
