DeKalb County School District v. Georgia State Board of Education
294 Ga. 349
| Ga. | 2013Background
- Per curiam Georgia Supreme Court opinion addressing constitutionality of OCGA § 20-2-73 regarding suspension/removal of local school board members.
- DeKalb County School District was privately ACCREDITED by SACS and placed on accredited probation due to governance issues.
- State Board recommended suspension of six DeKalb Board members; Governor suspended them with pay and appointed temporary replacements.
- Dr. Eugene P. Walker, a suspended DeKalb Board member, sued alleging OCGA § 20-2-73 violated federal and Georgia constitutions.
- District Court certified questions to this Court on whether OCGA § 20-2-73 violates the Georgia Constitution; Court answered in the negative.
- The statute was amended in 2013, but the opinion references the pre-amendment version unless otherwise noted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to remove local board members for cause | Walker contends GA lacked power to remove local educational officers | GA has plenary power to remove public officers for cause | Constitutional; GA may provide removal for cause by general law |
| Delegation to private accrediting agency | Walker argues delegation to SACS unconstitutional | Accrediting agency action merely triggers process; Governor makes final decision | Not unconstitutional delegation; Governor retains ultimate authority |
| Separation of powers | Removal power to Governor undermines state control of education | No transfer of legislative/judicial power; Governor executes law; local control preserved | Not a constitutional separation of powers violation |
| Due process | Process for suspension/removal may be inadequate or futile | APA procedures and notice satisfy due process; expedited suspension appropriate | OCGA § 20-2-73 provides adequate due process at both stages |
Key Cases Cited
- United States v. Lee, 106 U.S. 196 (1882) (public officials are subject to the law)
- Bonner v. State ex rel. Pitts, 7 Ga. 473 (1849) (public officers are amenable to the laws)
- Kent v. State, 18 Ga. App. 30 (1916) (removal of local officers may be by law notwithstanding constitutional provisions)
- Smith v. Abercrombie, 235 Ga. 741 (1975) (recall vs. removal distinguished; general law removal valid)
- WMM Properties, Inc. v. Cobb County, 255 Ga. 436 (1986) (notes on avoiding futile acts in review contexts)
- Rogers v. Medical Assn. of Ga., 244 Ga. 151 (1979) (private organization as appointing authority problematic when unaccountable to people)