Author Archives: Stan Jester

Enforcing Zoning, Building, and Other Ordinances

Posted on May 3, 2017 | 14 comments

What authority does a city or county have in enforcing its zoning, building, and other ordinances with respect to temporary and permanent building on school property?

The question of how different governmental entities operating within one jurisdiction with respect to zoning and all other ordinances became settled law, or stare decisis, with the rulings for two court cases.
Macon-Bibb County Planning & Zoning vs. Bibb County School District – This case set the precedent that governmental entities – in this case a school district – can use their property for their governmental purposes. They are exempt from the rules of zoning so long as the property is used for their governmental purposes.
City of Decatur vs. DeKalb County – This case set the precedent that zoning powers and “supplementary powers” are two separate powers that can accrue to both cities and counties. While a governmental entity operates within the jurisdiction of another governmental entity, they are exempt from zoning but they are not exempt from the supplementary powers. Supplementary powers are those powers that a city or county can use to regulate building and maintenance on a property. This case set the precedent that governmental entities must follow all ordinances of the local jurisdiction outside of zoning.

Does OCGA exempt the school district from any other building regulations, codes and ordinances? Jennifer Hackemeyer was the General Counsel for the Georgia Department of Education for 10 years. She is currently the Chief Legal Officer for DeKalb Schools and helps us dig into this.

Jennifer Hackemeyer
Chief Legal Officer, DeKalb County School District

Based on the decision by the Georgia Court of Appeals in City of Decatur v. DeKalb County, the District is exempt from zoning ordinances but is subject to regulations regarding state fire safety standards (O.C.G.A. §25-2-12(a)(2)) and the Erosion and Sedimentation Act (O.C.G.A. §12-7-1 et. seq.). O.C.G.A. § 25-2-12 through 14 have specific requirements for fire safety for buildings used as school buildings.
In addition, Georgia’s education code requires that the GDOE common minimum facility requirements for each public schools that must include: those provisions of law or state board policy on matters that related to “fire and physical safety; sanitation and health, including temperature and ventilation; minimum space, size and configuration for the various components of the instructional program; and construction stability, quality and suitability for intended uses.” See O.C.G.A. §20-2-261(a).
Additionally, GDOE guidelines provide that temporary educational facilities must meet all applicable state and local building codes and must have a separate certificate of occupancy for each building.
The District is required to obtain building, electrical, and plumbing (if applicable) permits. Inspections are completed by the local authorities and the Fire Marshal’s Office, prior to obtaining a certificate of occupancy from the local municipality.

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Posted in Board Policy, Capital Projects, Chamblee High School, Dunwoody High School, Lakeside High School

DeKalb Class Size Analysis – Middle Schools – 2017

Posted on May 2, 2017 | 2 comments

The school district general fund budget has increased roughly 30% over the last 4 years. About 65% of that has gone to the classroom. Over that time period, DeKalb Schools has added over 1,000 school house employees across the district.
DeKalb teachers have received a number of pay raises over the last couple years. Back in December DeKalb Schools had the Worst Paid Teachers Around. However, they received another 2% raise in January … the comparative analysis on that is forth coming.
Middle school class sizes have gone down and are generally below the state max. This analysis shows the reported average class size for each grade by middle school. The average class size for the school (grades 6-8) were ranked and ordered from smallest to largest.
Legal Max Class Size – Before DeKalb Schools was granted SWSS status, GaDOE rule 160-5-1-.08 set the maximum number of students in a class.

Average Class Size For Every Middle School By Grade

Legal Max Class Size 34 34 34
District Class Size Avg 26 26 26
Grade Level
School 6 7 8 AVG
1 FREEDOM MIDDLE 24 23 22 23.00
2 PEACHTREE MIDDLE 25 22 22 23.00
3 REDAN MIDDLE 23 25 24 24.00
4 MCNAIR MIDDLE 22 27 25 24.67
5 CHAPEL HILL MIDDLE 28 25 22 25.00
6 COLUMBIA MIDDLE 26 24 25 25.00
7 HENDERSON MIDDLE 24 27 24 25.00
8 STONE MOUNTAIN MIDDLE 24 23 28 25.00
9 SEQUOYAH MIDDLE 27 23 26 25.33
10 MILLER GROVE MIDDLE 23 27 27 25.67
11 SALEM MIDDLE 25 27 26 26.00
12 CHAMPION THEME MS 27 27 25 26.33
13 TUCKER MIDDLE 25 27 27 26.33
14 DRUID HILLS MIDDLE 29 24 27 26.67
15 CEDAR GROVE MIDDLE 26 27 28 27.00
16 LITHONIA MIDDLE 26 29 28 27.67
17 STEPHENSON MIDDLE 26 27 30 27.67
18 CHAMBLEE MIDDLE 27 29 31 29.00
19 M.M.BETHUNE MIDDLE 30 29 29 29.33

Related Posts

DeKalb Class Size Analysis
Middle Schools – 2017
May 2, 2017 – Over the last 4 years DeKalb Schools has added over 1,000 school house employees. Middle school class sizes have gone down and are generally below the state max. This analysis shows the reported average class size for each grade by DeKalb middle school.

DeKalb Class Size Analysis
Elementary Schools – 2017
May 1, 2017 – This analysis shows the reported average class size for each grade by elementary school. The average class size for the school (grades K-5) were ranked and ordered from smallest to largest.

Class Size Analysis – Elementary Schools
September 8, 2015 – This analysis shows the reported average class size for each grade by elementary school. The average class size for the school (grades K-5) were ranked and ordered from smallest to largest. Comment on this post and let me know if these class sizes are not accurate in your school.

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Posted in Class Size