GEORGIA

Constitutional Clause/Language

“The provision of an adequate education for the citizens shall be a primary obligation of the State of Georgia, the expense of which shall be provided for by taxation.” Ga. Const. art. VIII, s. I, Par. I. (Code Ann. § 2-4901)

Major Court Decision: McDaniel v. Thomas, 285 S.E. 2d 156 (Ga. 1981).

Result: Financing system upheld (although new litigation is pending on this issue in the Georgia Courts)

Summary: The Georgia Supreme Court held that education is not a “per se” fundamental right and that, under an equal protection analysis, the funding scheme must bear a rational relationship to the states interest.  The Court found that local control satisfies this relationship.  The Court also held that the Georgia Constitution requires that the legislature provide an “adequate education.”  This was being accomplished (according to the court).

Key Quotes:

 “The Georgia constitution thus contains very specific provisions relating to the obligation of localities to impose a tax for the maintenance of the public schools and general provisions imposing a duty on the state and General Assembly to provide its citizens an ‘adequate education.’  Nowhere in Article VIII of the Constitution is there any express statement as to the obligation of the state to equalize educational opportunities.

In view of the foregoing, we must conclude that the ‘adequate education’ provisions of the constitution do not restrict local school districts from doing what they can to improve educational opportunities within the district, nor do they require the state to equalize educational opportunities between districts.”  Id. at 164.

“This court has construed the ‘adequate education’ provisions of the Georgia Constitution as requiring the state to provide basic educational opportunities to its citizens, and we have found that the existing public school finance system meets constitutional requirements in this regard.”  Id. at 166.