The United States District Court for the Northern District of Georgia has certified questions to this Court about the constitutionality of OCGA § 20-2-73, which provides in certain circumstances for the suspension and removal of members of local boards of education.1 Georgia law does not require that local school systems be accredited, but it permits school systems to seek accreditation from certain private accrediting agencies,2 and it acknowledges the importance of such accreditation.3 Pursuant to OCGA § 20-2-73, when an accredited school system “is placed on the level of accreditation immediately preceding loss of accreditation for school board governance related reasons,” the State Board of Education the “State Board” must consider whether to recommend that the Governor “suspend all eligible members of the local board of education with pay,” and if the State Board so recommends, the Governor may suspend those members with pay and appoint temporary replacements to the local board.4 OCGA § 20-2-73 a 1. A suspended member may petition the Governor for reinstatement, but if a suspended member does not do so within 60 days of suspension, the suspended member is permanently removed from office, and the temporary replacement serves out the term of the suspended member. OCGA § 20-2-73 b. If a suspended member does petition for reinstatement,
The Governor or his or her designated agent shall conduct a hearing for the purpose of receiving evidence relative to whether the local board of education member’s continued service on the local board of education is more likely than not to improve the ability of the local school system or school to retain . . . its accreditation. . . . If it is determined that it is more likely than not that the local board of education member’s continued service on the local board of education improves the ability of the local school system or school to retain . . . its accreditation, the member shall be immediately reinstated; otherwise, the member shall be permanently removed, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member or until the next general election which is at least six months after the member was permanently removed, whichever is sooner.
