A. CONSTITUTIONAL AUTHORITY:
The authority to govern public school
districts in Georgia is granted solely to the local Boards of Education by
the State Constitution.
Those Boards of Education are elected by
the public and are accountable to the public for the fiduciary and
stewardship responsibility of the wise use of public funds and public trust.
These governing powers are singularly
vested in the Cobb County Board of Education (Board)
and may not be delegated to others. However, the responsibility for the
successful supervision and management of the educational and operational
functions of the Cobb County School District (District) is delegated
(conferred) to the Superintendent, who shall serve as the Chief Executive
Officer (CEO) of the District on behalf of the Board.
It is imperative that no single Board
member on their own initiative should attempt to direct the Superintendent
or their staff in a particular course of action. Only the Board as a whole
has that authority and it shall act only through its duly appointed CEO.
It is equally important that all should be
aware that the duty of the CEO is to carry out the directives of the full
Board and that the CEO shall not attempt to assume the governing authority
vested in the Board.
The Georgia Constitution authorizes local
boards of education to establish and maintain public schools.
The Georgia Constitution requires that an
elected board of education oversee each public school system.
B. BOARD OF EDUCATION RESPONSIBILITIES*:
Boards of Education have many responsibilities. They include, but are not
limited to some that cannot be delegated to a Superintendent, such as:
1. Buying and selling school property;
2. Calling elections to authorize a Special Purpose Local Option
Sales Tax (SPLOST);
3. Calling bond elections to authorize the issuance of bonded debt;
4. Reorganizing and consolidating schools within the school boards
control; and
5. Hiring employees on the recommendation of the superintendent
C. BOARD OF EDUCATION LEGAL FUNCTIONS*:
Georgia law says that the Board’s legal functions include:
1. Hiring and evaluating the Superintendent;
2. Hiring and assigning all employees upon the recommendation of
the Superintendent;
3. Sitting as a court to decide local controversies involving
school law;
4. Dismissing and suspending employees as recommended by the
Superintendent;
5. Approving the local budget for submission to the State Board of
Education;
6. Levying the local educational millage rate to support the
approved budget;
7. Caring for all school system property including purchase,
construction, lease, repair
and sale of such property;
8. Approving all contracts binding the local school District;
9. Making the Policies and Rules necessary to govern the school
District;
10. Adopting a plan for the assignment of pupils (This includes
establishing, reorganizing,
consolidating and closing of schools
as well as determining which grade levels are
assigned to each school.);
11. Insuring that the Superintendent, principals and other
employees handling school
money are bonded; and
12. Sitting as an appellate court in student disciplinary matters.
*See the Georgia School Board Association (GSBA)
publication entitled A Guide to Effective Boardsmanship, 2006 Edition,
specifically pages 1-3.
Adopted: 5/9/07 |