05 LC 33
0868S
The
House Committee on Education offers the following substitute to HB
629:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to elementary and secondary education, so as to revise legislative intent
relative to charter schools; to add and revise definitions; to provide for
charter petitions from a group of two or more local schools or local school
systems; to repeal Code Section 20-2-2063.1, relating to exemption of charter
schools from statutory and regulatory requirements; to provide that a denial by
a local board of a charter petition or renewal for a conversion or start-up
charter school may be appealed to the State Board of Education; to provide that
a charter school shall not be subject to the provisions of Title 20 and other
regulations; to change certain provisions relating to operating requirements,
control, and management; to change certain provisions relating to admission,
enrollment, and withdrawal of students; to change certain provisions relating to
the term and length of a charter; to change the provisions relating to the
annual required report on the progress of the school; to revise and clarify
certain provisions relating to funding for charter schools; to change certain
provisions relating to purposes for which facilities funds may be used and
upkeep of charter school property; to change certain provisions relating to the
annual report to the General Assembly; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary
and secondary education, is amended by striking Code Section 20-2-2061, relating
to legislative intent, and inserting in lieu thereof the following:
"20-2-2061.
It
is the intent of the General Assembly to provide a means whereby a petitioner
may seek a performance based contract called a charter, which ties improved
performance to the waiver of specifically identified state and local rules,
regulations, policies, procedures, and identified provisions of this title other
than the provisions of this article. In addition to specifically identified
provisions of this title, a charter school shall be exempt from provisions
listed in Code Section 20-2-2063.1.
It is the
intent of the General Assembly to increase student achievement through academic
and organizational innovation by encouraging local school systems to utilize the
flexibility of a performance based contract called a
charter."
SECTION
2.
Said
chapter is further amended in Code Section 20-2-2062, relating to definitions,
by inserting new paragraphs (1.1) and (5.1) to read as follows:
"(1.1)
'Charter attendance zone' means the geographic area from which the charter
school may draw students based on a random selection process. The charter
attendance zone may include all or any portion of the school system in which the
charter school is located and all or any portion of other school systems if the
charter school is jointly authorized pursuant to subsection (c) of Code Section
20-2-2063."
"(5.1)
'High school cluster' means a high school and all of the middle and elementary
schools which contain students who matriculate to such high school. The schools
in a high school cluster may include charter schools, local schools, or a
combination of
both."
SECTION
3.
Said
chapter is further amended in Code Section 20-2-2062, relating to definitions,
by striking paragraphs (8), (9), and (10) and inserting in lieu thereof the
following:
"(10)
(8)
'Local
tax
revenue' means local taxes budgeted for school purposes in excess of the local
five mill share, combined with any
applicable
equalization grant
budgeted
revenues from any of the following: investment earnings, tuition, unrestricted
donations, and the sale of surplus
property; but exclusive of revenue from
bonds issued for capital projects, revenue to pay debt service on such bonds,
local option sales tax for capital projects,
budgeted
transportation costs, budgeted central administration
costs, and budgeted school food service
program
costs
revenues.
Nothing in this paragraph shall be construed to prevent a local board from
including a
local
charter school in projects specified in the ballot language of a local option
sales tax or bond referendum.
(8)
(9)
'Local school' means a public school in Georgia that is under the management and
control of a local board.
(9)
(10)
'Local school system' means the system of public schools established and
maintained by a local board within its limits pursuant to Article VIII, Section
V, Paragraph I of the
Constitution."
SECTION
4.
Said
chapter is further amended by striking Code Section 20-2-2063, relating to
minimum requirements for charter petitions, and inserting in lieu thereof the
following:
"20-2-2063.
(a)
The State Board of Education shall promulgate rules, regulations, policies, and
procedures to govern the contents of a charter
petition,
provided that the following shall be required at a minimum:
(1)
The state board shall require that a petition designate the performance to be
improved and how it will be improved through the waiver of specifically
identified state and local rules, regulations, policies, and procedures, or
provisions of this title other than the provisions of this article;
(2)
The state board shall require that a petition describe how it will measure the
improvement in such performance and over what period of time, provided that such
requirement shall not waive the accountability provisions of Part 3 of Article 2
of Chapter 14 of this title; and
(3)
The state board shall require that a petition demonstrate how any such waiver
does not undermine and is consistent with the intent of the waived state and
local rules, regulations, policies, and procedures, or the provisions of this
title.
(b)
The State Board of Education shall establish rules, regulations, policies, and
procedures to provide for the receipt of charter petitions from a group of two
or more local schools as a single charter petitioner to convert to conversion
charter school status. An existing conversion charter school may join as part of
a group charter petition, and if such group charter petition is approved, the
new charter shall supersede the conversion charter
schooĺs
previous charter. A group charter petition may be comprised of all the schools
in a high school cluster as such term is defined in Code Section
20-2-2062.
(c)
The State Board of Education shall establish rules, regulations, policies, and
procedures to provide for charter petitions from two or more local school
systems to jointly authorize a local charter
school."
SECTION
5.
Said
chapter is further amended by repealing in its entirety Code Section
20-2-2063.1, relating to exemption of charter schools from statutory and
regulatory requirements.
SECTION
6.
Said
chapter is further amended by striking Code Section 20-2-2064.1, relating to
review of charter by state board and charters for state chartered special
schools, and inserting in lieu thereof the following:
"20-2-2064.1.
(a)
The state board shall approve the charter of a charter petitioner if the
petition has been approved by the local board of the local school system in
which the proposed charter school will be located and the state board finds that
the petition complies with the rules, regulations, policies, and procedures
promulgated in accordance with Code Section 20-2-2063 and the provisions of this
title and is in the public interest. If the state board denies a petition, it
must within 60 days specifically state the reasons for the denial, list all
deficiencies with regard to Code Section 20-2-2063, and provide a written
statement of the denial to the charter petitioner and to the local
board.
(b)
No application
for a state
chartered special school may be made to
the state board by a petitioner for a conversion charter school that has been
denied by a local board. Upon denial of a petition for a start-up charter school
by a local board and upon application to the state board by the petitioner, the
state board shall approve the charter of a start-up charter petitioner for a
state chartered special school if the state board finds that such petition meets
the requirements set forth in Code Section 20-2-2063 and the provisions of this
title, and is in the public interest.
(c)(1)
If a local board denies a charter petition or a renewal petition for a
conversion charter school or a start-up charter school, the charter petitioner
may initiate an appeal to the state board, provided that 40 percent of the
members of the local board voted to approve the charter petition or renewal
petition. The charter petitioner shall provide the state board and the local
board with a notice of appeal no later than 30 days after receipt of the local
board́s
written statement of denial. The state board shall not consider any facts,
documents, or other information in support of the charter school that were not
previously presented to the local board. The state board shall promulgate rules
and regulations to govern the appeals process.
(2)
After an opportunity for a hearing concerning the local
board́s
denial, the state
board́s
decision shall be binding on the local
board."
SECTION
7.
Said
chapter is further amended by striking Code Section 20-2-2065, relating to
operating requirements, control, and management, and inserting in lieu thereof
the following:
"20-2-2065.
(a)
Except as provided in this article or in a charter, a charter school shall not
be subject to the provisions of this title or any state or local rule,
regulation, policy, or procedure relating to schools within an applicable school
system regardless of whether such rule, regulation, policy, or procedure is
established by the local board, the state board, or the Department of
Education; provided, however, that the state board may establish rules,
regulations, policies, or procedures consistent with this article relating to
charter schools. In exchange for such a waiver, the charter school agrees to
meet or exceed the performance based goals included in the charter and approved
by the local board, including but not limited to raising student
achievement.
(b)
In determining whether
to waive,
as sought by the petitioner, specifically identified state and local rules,
regulations, policies, and procedures, and provisions of this title other than
the provisions of this article
to approve a
charter petition or renew an existing
charter, the local board and state board
shall ensure that a charter school shall be:
(1)
A public, nonsectarian, nonreligious, nonprofit school that is not home based,
provided that a charter
schooĺs
nonprofit status shall not prevent the school from contracting for the services
of a for profit entity;
(2)
Subject to the control and management of the local board of the local school
system in which the charter school is located, as provided in the charter and in
a manner consistent with the Constitution, if a local charter
school;
(3)
Subject to the supervision of the state board, as provided in the charter and in
a manner consistent with the Constitution, if a state chartered special
school;
(4)
Organized and operated as a nonprofit corporation under the laws of this state;
provided, however, that this paragraph shall not apply to
conversion
charter schools
any charter
petitioner who is a local school, or state or local public
entity;
(5)
Subject to all federal, state, and local rules, regulations, court orders, and
statutes relating to
constitutional
or civil rights; insurance; the protection
of the physical health and safety of school students, employees, and visitors;
conflicting interest transactions; and the prevention of unlawful
conduct;
(6)
Subject to all laws relating to unlawful conduct in or near a public
school;
(7)
Subject to an annual financial audit
in the
manner specified in the charter
conducted by
the state auditor, or if specified in the charter, by an independent certified
public accountant licensed in this
state;
(8)
Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title,
and such provisions shall apply with respect to charter schools whose charters
are granted or renewed on or after July 1, 2000;
(9)
Subject to all reporting requirements of
Code Section
20-2-160, subsection (e) of Code Section
20-2-161, Code Section
20-2-320, and
Code Section 20-2-740;
(10)
Subject to the requirement that it shall not charge tuition or fees to its
students except as may be authorized for local boards by Code Section 20-2-133;
and
(11)
Subject to the provisions of Code Section 20-2-1050 requiring a brief period of
quiet
reflection."
SECTION
8.
Said
chapter is further amended in Code Section 20-2-2066, relating to admission,
enrollment, and withdrawal of students, by striking paragraph (1) of subsection
(a) and inserting in lieu thereof a new paragraph (1) of subsection (a) to read
as follows:
"(1)
A local charter school shall enroll any student who resides in the school system
in which the local charter school is located and who submits a timely
application as specified in the charter unless the number of applications
exceeds the capacity of a program, class, grade level, or building. In such
case, all such applicants shall have an equal chance of being admitted through a
random selection process unless otherwise prohibited by law; provided, however,
that a local charter school
shall
may
give enrollment preference to such students
who reside
in the attendance zone specified in the charter and may give enrollment
preference to a
in the
following order of priority:
(A)
For a conversion charter school, students who reside in the attendance zone
defined by the local school system for that school prior to the local school
becoming a charter school;
(B)
For a conversion charter school, students who were enrolled in the local school
prior to its becoming a conversion charter school;
(C)
A sibling of a
resident
student
currently
enrolled in the
local
charter
charter
school;
and
(D)
Students whose parent or guardian is a member of the governing board of the
charter school or is a full-time teacher, professional, or other employee at the
charter school;
(E)
Students matriculating between two or more charter schools or between a charter
school and a local school in its high school cluster pursuant to a matriculation
agreement between the charter schools or between the charter school and the
local school in the high school cluster, as approved by the authorizing local
board or the state board, as appropriate; and
(F)
Students who reside in the charter attendance zone specified in the charter;
and"
SECTION
9.
Said
chapter is further amended by striking Code Section 20-2-2067.1, relating to
amendment of terms of charter for charter school, initial term of charter, and
annual report, and inserting in lieu thereof the following:
"20-2-2067.1.
(a)
The terms of a charter for a local charter school may be amended during the term
of the charter upon the approval of the local board, the state board, and the
charter school. The terms of a charter for a state chartered special school may
be amended during the term of the charter upon the approval of the state board
and the charter school.
(b)
The initial term of a charter shall be for a minimum of
three
five
years, unless the petitioner shall request a shorter period of time, and shall
not exceed
five
ten
years. The
local board and the state
board, in
accordance with Code Section 20-2-2064.1.
may renew a
local
charter, upon the request of the charter
school, for the period of time specified in the request, not to exceed
five
ten
years. The
state board may renew a state chartered special school, upon the request of the
school, for the period of time specified in the request, not to exceed ten
years.
For a local
charter school, approval of the local board shall also be required to renew a
charter.
(c)
A charter
school shall provide an annual report to parents or guardians, the community,
and the state board which indicates the progress made by the charter school in
the previous year in implementing its charter goals. A local charter school
shall also provide an annual report to the local
board.
A charter
school shall submit an annual report outlining the previous
yeaŕs
progress to the authorizing local board or state board, as appropriate, and to
the Department of Education no later than October 1 of each year. The report
shall contain, but is not limited to:
(1)
An indication of progress towards the goals as included in the
charter;
(2)
Academic data for the previous year, including state academic accountability
data, such as standardized test scores and adequate yearly progress
data;
(3)
Unaudited financial statements for the fiscal year ending on June 30, provided
that audited statements will be forwarded to the local board and state board
upon completion;
(4)
Updated contact information for the school and the administrator;
(5)
Proof of current nonprofit status, if applicable; and
(6)
Any other supplemental information that the charter school chooses to include or
that the state board requests that demonstrates its
success."
SECTION
10.
Said
chapter is further amended by striking subsections (a) through (e) of Code
Section 20-2-2068.1, relating to application of the Quality Basic Education
Formula, grants, local tax revenue, and funds from local bonds, and inserting in
lieu thereof the following:
"(a)
A local charter school shall be included in the allotment of QBE formula
earnings, applicable QBE grants, applicable nonQBE state grants, and applicable
federal grants to the local school system in which the local charter school is
located under Article 6 of this chapter. The local board and the state board
shall treat a conversion charter school no less favorably than other local
schools located within the applicable local school system unless otherwise
provided by law. The local board and the state board shall treat a start-up
charter school no less favorably than other local schools within the applicable
local system with respect to the provision of funds for instruction and school
administration and, where feasible, transportation, food services, and building
programs.
(b)
QBE formula earnings, applicable QBE grants, applicable nonQBE state grants, and
applicable federal grants earned by a local charter school shall be distributed
to the local charter school by the local board; provided, however, that state
equalization grant earnings shall be distributed as provided in subsection
(c)
(c.2)
of this Code section.
QBE formula
earnings shall include the salary portion of direct instructional costs, the
adjustment for training and experience, the nonsalary portion of direct
instructional costs, and earnings for psychologists and school social workers,
school administration, facility maintenance and operation, media centers,
additional days of instruction in accordance with Code Section 20-2-184.1, and
staff development. The local charter
school shall report enrolled students in a manner consistent with Code Section
20-2-160.
(c)
In addition to the earnings set out in subsection (b) of this Code
section,
local
tax
revenue shall be earned by a local charter school
on the same
basis as for any local school in the local school
system.
and
In the case of
a start-up charter school, local revenue earnings shall
be calculated as follows:
(1)
Determine the
total
amount of
state and
local five mill share funds earned by
students enrolled in the local
start-up
charter school as calculated by the Quality Basic Education Formula pursuant to
Code
Section 20-2-160
Part 4 of
Article 6 of this chapter including any funds for psychologists and school
social workers but excluding any system-wide funds for central administration
and pupil transportation and excluding any categorical grants not applicable to
the charter school;
(2)
Determine the
total
amount of
state and
local five mill share funds earned by all
students in the public schools of the local school system, including any charter
schools that receive local
tax
revenue, as calculated by the Quality Basic Education Formula
but excluding
the local school
systeḿs
equalization grant, categorical grants, and other nonQBE formula
grants;
(3)
Divide the amount obtained in paragraph (1) of this subsection by the amount
obtained in paragraph (2) of this subsection; and
(4)
Multiply the quotient obtained in paragraph (3) of this subsection by the school
systeḿs
local
tax
revenue.
The
product obtained in paragraph (4) of this subsection shall be the amount of
local funds to be distributed to the local
start-up
charter school by the local board; provided, however, that nothing in this
subsection shall preclude a charter petitioner and a local board of education
from specifying in the charter a greater amount of local funds to be provided by
the local board to the local
start-up
charter school if agreed upon by all parties to the charter. Local funds so
earned shall be distributed to the local
start-up
charter school by the local board. Where feasible and where services are
provided, funds for transportation, food service programs, and construction
projects shall also be distributed to the local
start-up
charter school as earned. In all other fiscal matters, including applicable
federal allotments, the local board shall treat the local
start-up
charter school no less favorably than other local schools located within the
applicable school system
and shall
calculate and distribute the funding for the start-up charter school on the
basis of its actual or projected enrollment in the current school
year.
(c.1)
The adjustments in each program for training and experience used in calculating
the start-up charter
schooĺs
Quality Basic Education Formula earnings shall not be less than the comparable
percentages for the local school system in which the charter school is located
in the same manner as for any local school within the local school
system.
(c.2)
If the local school system receives an equalization grant in accordance with
Code Section 20-2-165, the start-up charter
schooĺs
share of the equalization grant shall be calculated by multiplying the quotient
obtained in paragraph (3) of subsection (c) of this Code section by the amount
of the equalization grant to the local school system. The local conversion
charter
schooĺs
share of an equalization grant shall be calculated in the same manner as for any
local school within the local school system.
(d)
QBE formula earnings, applicable QBE grants, applicable nonQBE state grants, and
applicable federal grants that are earned by a state chartered special school
shall be distributed to the local board of the local school system in which the
state chartered special school is located which shall distribute the same amount
to the state chartered special school; provided, however, that a state chartered
special school shall not be included in the calculation and distribution of the
local school
systeḿs
equalization grant unless the voters of the local school system have approved
the use of
local
tax revenue
from local tax
levies and funds from local bonded
indebtedness to support the state
chartered special school in accordance with subsection (e) of this Code section.
If such approval has been given, state equalization grant earnings shall be
earned for the state chartered special school and shall be distributed as
provided in subsection (f) of this Code section. The local board shall not be
responsible for the fiscal management, accounting, or oversight of the state
chartered special school. The state chartered special school shall report
enrolled students in a manner consistent with Code Section 20-2-160. Any data
required to be reported by the state chartered special school shall be submitted
directly by the school to the appropriate state agency. Where feasible, the
state board shall treat a state chartered special school no less favorably than
other public schools within the state with respect to the provision of funds for
transportation and building programs.
(e)
The state board may require a local referendum of the qualified voters in the
local school system in which the
proposed
state chartered special school will be located. Such referendum shall be held
at the next regularly scheduled general election or as may otherwise be
authorized at an earlier date by the local board or boards of education
affected. Such referendum shall be held for the purpose of deciding whether the
local board of education shall provide funds from school tax levies to support
such state chartered special school or incur bonded indebtedness to support such
state chartered special school or both. The ballot question shall be approved
by the state
board."
SECTION
11.
Said
chapter is further amended by striking Code Section 20-2-2068.2, relating to
facilities fund for charter schools, purposes for which funds may be used,
upkeep of charter school property, and receipt of surplus from board of
education, by striking subsections (c) and (e) and inserting in lieu thereof new
subsections(c) and (e) to read as follows:
"(c)
A charter
schooĺs
governing body may use moneys from the facilities fund for the following
purposes:
(1)
Purchase of real property;
(2)
Construction of school
facilities,
including initial and additional equipment and
furnishings;
(3)
Purchase, lease-purchase, or lease of permanent or relocatable school
facilities;
(4)
Purchase of vehicles to transport students to and from the charter school;
and
(5)
Renovation, repair, and maintenance of school facilities that the charter school
owns or is purchasing through a lease-purchase or long-term lease of five years
or
longer."
"(e)
Local boards are required to renovate, repair, and maintain the school
facilities of charter schools in the district to the same extent as other public
schools in the district if the local board owns the charter school
facility,
unless otherwise agreed upon by the petitioner and the local board in the
charter."
SECTION
12.
Said
chapter is further amended by striking Code Section 20-2-2070, relating to
annual report to the general assembly, and inserting in lieu thereof the
following:
"20-2-2070.
The
state board shall report to the General Assembly no later than
November
1
December
31 of each year on the status of the
charter school
program."
SECTION
13.
All
laws and parts of laws in conflict with this Act are repealed.