07 LC 33
2084S
The
Senate Education and Youth Committee offered the following substitute to HB
208:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating
to operation of school councils, so as to delete language relating to membership
on the school council; to provide that the parent members make up a majority on
the school council; to provide that the chairperson shall be a parent member; to
provide for transition; to amend Code Section 20-2-290 of the Official Code of
Georgia Annotated, relating to organization of schools under the "Quality Basic
Education Act," so as to authorize the employment of school administrative
managers to conduct the financial and business affairs of a school; to amend
Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,
relating to charter schools, so as to enact the "Charter Systems Act"; to
provide for legislative findings; to provide for the establishment of charter
systems; to revise and add definitions; to provide for the establishment of the
Charter Advisory Committee; to provide for requirements for petitions for
charter systems; to revise certain provisions relating to the approval or denial
of a charter petition; to revise certain provisions relating to the review of
charters; to provide for terms and renewals of charter systems; to provide for
waivers and operating requirements, control, and management for charter systems;
to provide for termination of charter systems; to revise certain provisions
relative to funding of charter schools; to change certain provisions relative to
the Office of Charter School Compliance; to revise provisions for purposes of
conformity; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
SECTION 1-1.
SECTION 1-1.
Code
Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation
of school councils, is amended by revising subsections (c), (d), (e), and (j) as
follows:
"(c)
Membership
on the council shall be open to teachers, parents, and business representatives
selected from all businesses that are designated school business partners.
Any member may withdraw from the council
by delivering to the council a written resignation and submitting a copy to the
secretary of the council or school principal. Should school councilmembers
determine that a member of the council is no longer active in the council as
defined by the bylaws of the council, the council may, by a majority vote,
withdraw such person´s membership status, effective as of a date determined
by the council.
(d)
The property and business of the council shall be managed by a minimum of seven
school councilmembers of whom a majority shall constitute a quorum. The number
of councilmembers shall be specified in the council´s bylaws.
If the
number of councilmembers exceeds seven, the number of parent members and teacher
members must be equal. Members of the
school council shall include:
(1)
At least
two
A number
of parents or guardians of students
enrolled in the school, excluding employees who are parents or guardians of such
students, so
that such parents or guardians make up a majority of the council and at least
two of whom shall be
businesspersons;
(2)
Two businesspersons;
(3)(2)
At least two certificated teachers, excluding any personnel employed in
administrative positions, who are employed at least four of the six school
segments at the school;
(4)(3)
The school principal; and
(5)(4)
Other members as specified in the council´s bylaws, such as, but not
limited to, students, staff, and representatives of school related
organizations.
Other
businesspersons from the local business community may serve on the council and
shall be selected by the other members of the school
council. Selection procedures for these
members and the business members shall be specified in the council´s
bylaws.
An
employee of the local school system may serve as a parent representative on the
council of a school in which his or her child is enrolled if such employee works
at a different school. With the exception of the principal and the business
representatives, members shall be elected by, and from among, the group they
represent.
(e)
Members of the council shall serve for a term of two years or for such other
term as may be specified in the council´s bylaws, except as provided in
this subsection.
Upon the
expiration of the terms of the councilmembers in office on July 1, 2004, the
subsequent
The
terms of the councilmembers shall be staggered.
In order to
stagger the terms, the initial terms of one-half of the councilmembers pursuant
to paragraph (1) of subsection (d) of this Code section, one-half of the
councilmembers pursuant to paragraph (2) of subsection (d) of this Code section,
one-half of the councilmembers pursuant to paragraph (3) of subsection (d) of
this Code section, and one-half of the councilmembers pursuant to paragraph (5)
of subsection (d) of this Code section shall have initial terms of one year and
the remaining members shall have initial terms of two
years.
Upon the
expiration of the terms of the two businessperson councilmembers in office on
July 1, 2007, these member positions shall subsequently be filled by parent
councilmembers; provided, however, that additional businesspersons may serve on
the council if provided for in the council´s bylaws in accordance with
paragraph (4) of subsection (d) of this Code
section. Councilmembers may serve more
than one term. The office of school councilmember shall be automatically
vacated:
(1)
If a member shall resign;
(2)
If the person holding the office is removed as a member by an action of the
council pursuant to this Code section; or
(3)
If a member no longer meets the qualifications specified in this Code
section.
An
election within the electing body for a replacement to fill the remainder of an
unexpired term shall be held within 30 days, unless there are 90 days or less
remaining in the term in which case the vacancy shall remain
unfilled."
"(j)(1)
The officers of the school council shall be a chairperson, vice chairperson, and
secretary. Officers of the council shall be elected by the council at the first
meeting of the council following the election of school
councilmembers;
provided, however, that the chairperson shall be a parent
member. The officers of the council shall
hold office for the term specified in the council´s bylaws.
(2)
The vice chairperson shall, in the absence or disability of the chairperson,
perform the duties and exercise the powers of the chairperson and shall perform
such other duties as shall be required by the council.
(3)
The secretary shall attend all meetings, act as clerk of the council, and be
responsible for recording all votes and minutes of all proceedings in the books
to be kept for that purpose. The secretary shall give or cause to be given
notice of all meetings of the council and shall perform such other duties as may
be prescribed by the council."
SECTION
1-2.
Code
Section 20-2-290 of the Official Code of Georgia Annotated, relating to
organization of schools under the "Quality Basic Education Act," is amended by
revising subsection (a) as follows:
"(a)(1)
The board of education of any local school system is authorized to organize or
reorganize the schools and fix the grade levels to be taught at each school in
its jurisdiction. Local school systems which have organized their schools in
such a manner that facilities house grades six, seven, and eight or grades seven
and eight shall qualify for the middle school program for students in grade
levels so housed. A school which houses grades other than six, seven, or eight
shall only be eligible if it has a full-time principal for grades seven and
eight or six, seven, and eight and another full-time principal for grades above
or below the middle school grades; provided, however, that such schools also
meet all other provisions of this Code section. Schools with students in the
sixth grade shall not be eligible for the middle school program if the sixth
grades are not housed in middle schools which also contain both grades seven and
eight. Further, two or more adjacent local school systems shall qualify for the
middle school program if through their contractual arrangement they jointly meet
the requirements of this Code section and the criteria and standards prescribed
by the state board.
(2)
The board of education of any local school system shall be authorized to employ
school administrative managers in lieu of or in addition to assistant
principals. Such school administrative managers shall not be required to be
certificated by the Professional Standards Commission but shall have such
qualifications as determined by the local board with a minimum requirement of a
bachelor´s degree. The duties of school administrative managers shall be
to oversee and manage the financial and business affairs of the school. The
principal shall retain authority over the curriculum and instructional areas.
The school administrative manager shall report directly to the principal. In
the event that a local board considers hiring or utilizing school administrative
managers pursuant to this subsection, it shall receive and give all due
consideration to recommendations by the school council as to whether or not to
utilize such position and as to selection of the manager. Existing employees of
the local board shall be eligible to serve as school administrative managers if
they meet other qualifications and requirements established by the local board
for such position. For purposes of earning funds for such positions, school
administrative managers shall be treated in all respects the same as assistant
principals."
PART
II
SECTION 2-1.
SECTION 2-1.
This
Part shall be known and may be cited as the "Charter Systems Act."
SECTION
2-2.
The
General Assembly finds that schools and school systems should be given high
flexibility to tailor their educational programs to meet the unique needs of
their communities. In furtherance of this, schools and school systems should be
encouraged to use innovative educational programs including local management of
schools and should be provided resources to help design and implement innovative
programs. The General Assembly further finds that schools and school systems
shall be held accountable for student achievement.
SECTION
2-3.
Article
31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to the "Charter Schools Act of 1998," is amended in Code Section 20-2-2062,
relating to definitions, by revising paragraphs (1), (2), (8), and (11), by
renumbering paragraph (5.1), and by inserting new paragraphs (3.1), (5.1),
(12.1), and (17), as follows:
"(1)
'Charter' means a performance based contract between a local board and a charter
petitioner, the terms of which are approved by the local board and by the state
board in the case of a local charter school,
or
between the state board and a charter petitioner, the terms of which are
approved by the state board in the case of a state chartered special
school, or
between a local board and the state board, the terms of which are approved by
the state board in the case of a charter system. By entering into a charter, a
charter petitioner and local board shall be deemed to have agreed to be bound to
all the provisions of this article as if such terms were set forth in the
charter."
"(2)
'Charter petitioner' means a local school,
local board of
education, private individual, private
organization, or state or local public entity that submits a petition for a
charter. The term 'charter petitioner' does not include home study programs or
schools, sectarian schools, religious schools, private for profit schools,
private educational institutions not established, operated, or governed by the
State of Georgia, or existing private schools."
"(3.1)
'Charter system' means a local school system that is operating under the terms
of a charter pursuant to Code Section
20-2-2063.1."
"(5.1)
'Governing council' means a school level council of parents, teachers,
administrators, and others who are involved in school level governance within a
charter system.
(5.1)(5.2)
'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."
"(8)
'Local revenue' means local taxes budgeted for school purposes in excess of the
local five mill share, combined with any applicable equalization grant and
budgeted revenues from any of the following: investment earnings, 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,
and
local option sales tax for capital
projects,
and budgeted school food service program
costs. 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."
"(11)
'Petition' means a proposal to establish a charter school
or a charter
system."
"(12.1)
'School level governance' means decision-making authority in personnel
decisions, financial decisions, curriculum and instruction, resource allocation,
establishing and monitoring the achievement of school improvement goals, and
school operations."
"(17)
'System charter school' means a school within a charter
system."
SECTION
2-4.
Said
article is further amended in Code Section 20-2-2063, relating to minimum
requirements for charter petitions, by adding a new subsection to the end of
such Code section as follows:
"(d)
The State Board of Education shall establish rules, regulations, policies, and
procedures to provide for a charter petition from a local school system to
establish a charter system. Such rules, regulations, policies, and procedures
shall require that a charter petition and the charter contain an explanation of
the structure, rights, and responsibilities of the principal, governing council,
and local board of education of the system charter school, with an objective of
maximizing school level governance and the involvement of parents, teachers, and
community members in such governance."
SECTION
2-5.
Said
article is further amended by adding new Code sections as follows:
"20-2-2063.1.
(a)
The state board shall establish a Charter Advisory Committee to review charter
petitions for compliance with established standards of the state board, to make
recommendations to the state board on charter policy, and to provide
recommendations to the state board regarding charter petitions. The committee
shall be composed of nine members as follows:
(1)
Three members appointed by the chairperson of the state board;
(2)
Three members appointed by the Lieutenant Governor; and
(3)
Three members appointed by the Speaker of the House of
Representatives.
All
members shall serve at the pleasure of their respective appointing officials.
The committee shall elect a chairperson from among its membership.
(b)
The committee shall conduct itself in accordance with any rules and guidelines
established by the state board with regard to timeframes, procedures, and
protocol.
(c)
The committee shall be authorized to request clarifying information from a
charter petitioner and to receive input from interested parties on a charter
petition.
(d)
The committee shall:
(1)
Make recommendations to the state board of approval or denial on each charter
petition and shall specify the reasons for such recommendations;
and
(2)
Periodically make recommendations to the state board regarding charter
policy;
(3)
Make recommendations to the state board on the disbursement of planning grants
for charter systems, if funds are made available.
(e)
The committee shall be authorized to enter into contracts, subject to available
funding, with one or more consultants to assist the committee in its duties and
if directed to do so by the committee, to do the following:
(1)
Assist charter petitioners in the drafting of their petitions;
(2)
Assist charter petitioners in the design and implementation of innovative
education programs and school level governance based on research, model
programs, or other credible information;
(3)
Monitor and assist charter schools and charter systems; and
(4)
Perform any other functions related to the support of the
committee.
(f)
The committee shall work in cooperation with the Office of Charter School
Compliance, as established pursuant to Code Section 20-2-2069.
(g)
The members of the committee shall receive no compensation for their services
but shall be reimbursed for actual and necessary expenses incurred by them in
carrying out their duties.
(h)
The committee shall be assigned to the Department of Education for
administrative purposes only, as prescribed in Code Section 50-4-3.
20-2-2063.2.
(a)
The state board shall be authorized to enter into a charter with a local board
to establish a local school system as a charter system.
(b)
A local board seeking to create a charter system must submit a petition to the
state board. Prior to submitting such petition, the local board
shall:
(1)
Adopt a resolution approving the proposed charter system petition;
(2)
Conduct at least two public hearings and provide notice of the hearings in the
same manner as other legal notices of the local board; and
(3)
Send a notice to each principal within the local school system of the hearings
with instructions that each school shall distribute the notice to faculty and
instructional staff members and to the parent or guardian of each student
enrolled in the school.
The
local board may revise its proposed charter system petition, upon resolution, as
a result of testimony at the public hearings or for other purposes.
(c)
Prior to approval or denial of a charter petition for a charter system, the
state board shall receive and give all due consideration to the recommendation
and input from the Charter Advisory Committee established in Code Section
20-2-2063.1. The state board shall approve the charter if the state board
finds, after receiving input from the Charter Advisory Committee, that the
petition complies with the rules, regulations, policies, and procedures
promulgated pursuant to Code Section 20-2-2063 and the provisions of this title,
is in the public interest, and promotes school level governance.
(d)
All schools within an approved charter system shall be system charter schools
except as otherwise provided in subsections (f) and (g) of this Code section.
(e)(1)
Subject to appropriations by the General Assembly or other available funding,
the state board, after receiving input and recommendations from the Charter
Advisory Committee, shall disburse planning grants to local school systems which
desire to become charter systems. Such grants will be disbursed in accordance
with any applicable guidelines, policies, and requirements established by the
state board.
(2)
Subject to specific appropriations by the General Assembly for this purpose, the
state board shall disburse implementation grants in the amount of $125,000.00 or
such other amount as determined by the state board to each charter system. The
state board shall be authorized to approve up to five petitions for charter
systems during fiscal year 2008, and may approve up to a maximum number of
petitions in following years as may be established pursuant to board rules and
as subject to availability of funding for implementation grants.
(f)
A system charter school shall not be precluded from petitioning to become a
conversion charter school, in accordance with Code Section 20-2-2064, not
subject to the terms of the system charter. In the event a system charter
school becomes a conversion charter school, the system charter shall be amended
to reflect that such school is no longer bound by the system
charter.
(g)
An existing conversion or start-up charter school within a local school system
which is petitioning to become a charter system shall have the option of
continuing under its own existing charter, not subject to the terms of the
system charter, or of terminating its existing charter, upon agreement by the
local board and state board, and becoming subject to the system charter as a
charter system school."
SECTION
2-6.
Said
article is further amended by revising Code Section 20-2-2064, relating to
approval or denial of petition, as follows:
"20-2-2064.
(a)
A charter petitioner seeking to create a conversion charter school must submit a
petition to the local board of the local school system in which the proposed
charter school will be located. The local board must by a majority vote approve
or deny a petition no later than 60 days after its submission unless the
petitioner requests an extension; provided, however, that a denial of a petition
by a local board shall not preclude the submission to the local board of a
revised petition that addresses deficiencies cited in the denial; and provided,
further, that the local board shall not act upon a petition for a conversion
charter school until such petition:
(1)
Has been freely agreed to, by secret ballot, by a majority of the faculty and
instructional staff members of the petitioning local school at a public meeting
called with two weeks´ advance notice for the purpose of deciding whether
to submit the petition to the local board for its approval; and
(2)
Has been freely agreed to, by secret ballot, by a majority of parents or
guardians of students enrolled in the petitioning local school present at a
public meeting called with two weeks´ advance notice for the purpose of
deciding whether to submit the petition to the local board for its
approval.
This
subsection shall not apply to a system charter school petitioning to be a
conversion charter school.
(b)
A charter petitioner seeking to create a start-up charter school must submit a
petition to the local board of the local school system in which the proposed
charter school will be located. The local board must by a majority vote approve
or deny a petition no later than 60 days after its submission unless the
petitioner requests an extension. A denial of a petition by a local board shall
not preclude the submission to the local board of a revised petition that
addresses deficiencies cited in the denial.
(c)
A system charter school´s school council or governing council, as
applicable, may petition to become a conversion charter school. The petition
shall be submitted to the local board of the charter system in which the school
is located. The local board must by a majority vote approve or deny a petition
no later than 60 days after its submission unless the petitioner requests an
extension; provided, however, that a denial of a petition by a local board shall
not preclude the submission to the local board of a revised petition that
addresses deficiencies cited in the denial.
(c)(d)
A local board shall approve a petition that 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 a local board denies a petition, it must within 60 days
specifically state the reasons for the denial, list all deficiencies with
respect to Code Section 20-2-2063, and provide a written statement of the denial
to the charter petitioner and the state board.
(d)(e)
The state board
or the Charter
Advisory Committee, if directed by the state board to do
so, may mediate between the local board
and a charter petitioner whose petition was denied to assist in resolving issues
which led to denial of the petition by the local board."
SECTION
2-7.
Said
article is further amended by revising Code Section 20-2-2064.1, relating to
review of charter by state board, as follows:
"20-2-2064.1.
(a)
Prior to
approval or denial of a charter petition under this Code section, the state
board shall receive and give all due consideration to the recommendation and
input from the Charter Advisory Committee established in Code Section
20-2-2063.1.
(b)
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, after
receiving input from the Charter Advisory
Committee, 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)(c)
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, after
receiving input from the Charter Advisory
Committee, 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."
SECTION
2-8.
Said
article is further amended by revising Code Section 20-2-2065, relating to
operating requirements, control, and management, as follows:
"20-2-2065.
(a)
Except as provided in this article or in a charter, a charter
school, or for
charter systems, each school within the
system, 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.
A waiver
granted pursuant to this Code section for a charter system shall apply to each
system charter school within the system.
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
or, for the
charter system, the system agrees to meet or exceed the system-wide performance
based goals included in the charter and approved by the state
board, including but not limited to
raising student achievement.
For a charter
system, the charter shall delineate the performance based goals that the system
and each school will be expected to meet as well as the criteria by which a
system charter may be revoked in addition to those contained in Code Section
20-2-2068.
(b)
In determining whether to approve a charter petition or renew an existing
charter, the local board and state board shall ensure that a charter
school, or for
charter systems, each school within the
system, shall be:
(1)
A public, nonsectarian, nonreligious, nonprofit school that is not home based,
provided that a charter school´s nonprofit status shall not prevent the
school from contracting for the services of a for profit entity and that nothing
in this Code section shall preclude the use of computer and Internet based
instruction for students in a virtual or remote setting;
(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 any charter petitioner
that is a local school, local school system, or state or local public
entity;
(5)
Subject to all federal, state, and local rules, regulations, court orders, and
statutes relating to 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 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
2-9.
Said
article is further amended in Code Section 20-2-2066, relating to admission,
enrollment, and withdrawal of students, by adding a new subsection as
follows:
"(b.1)
A charter system shall enroll students in its system charter schools per the
terms of the charter and in accordance with state board
rules."
SECTION
2-10.
Said
article is further amended by revising Code Section 20-2-2067.1, relating to
amendment of terms of charter for charter school, initial term of charter, and
annual report, as follows:
"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.
The terms of a
charter for a charter system may be amended during the term of the charter upon
approval of the state board and the local board.
(b)
The initial term of a
charter,
except for a charter system, shall be for
a minimum of five years, unless the petitioner shall request a shorter period of
time, and shall not exceed 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 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.
The initial
term of a charter for a charter system shall not exceed five years. The state
board may renew the charter of a charter system, upon the request of the local
board, for the period of time specified in the request, not to exceed ten
years.
(c)
A
Each start-up
and conversion charter school
and each
charter system shall submit an annual
report outlining the previous year´s progress to the authorizing local
board or state board, as appropriate; to parents and guardians of students
enrolled in the
school, or,
for a charter system, to parents and guardians of students enrolled in school
within the local school system; and to the
Department of Education no later than October 1 of each year.
The report
submitted by a charter system shall include, but not limited to, data on all of
its system charter schools. The report
shall contain, but is not limited to:
(1)
An indication of progress toward 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,
and for charter systems, each system charter school and its respective
administrator;
(5)
Proof of current nonprofit status, if applicable;
and
(6)
Any other supplemental information that the charter school
or charter
system chooses to include or that the
state board requests that demonstrates
its
that school or
system´s
success;
and
(7)
For charter systems, an on-site external evaluation of the system at least once
every five years, as determined by the state
board."
SECTION
2-11.
Said
chapter is further amended by revising Code Section 20-2-2068, relating to
charter amendments and terminations, as follows:
"20-2-2068.
(a)
The state board may terminate a charter under the following
circumstances:
(1)(A)
If a majority of the parents or guardians of students enrolled at the charter
school vote by a majority vote to request the termination of its charter at a
public meeting called with two weeks´ advance notice and for the purpose of
deciding whether to request the state board to declare the charter null and
void; or
(B)
If a majority of the faculty and instructional staff employed at the charter
school vote by a majority vote to request the termination of its charter at a
public meeting called with two weeks´ advance notice and for the purpose of
deciding whether to request the state board to declare the charter null and
void;
This
paragraph shall not apply to system charter schools.
(2)
If, after providing reasonable notice to the charter school
or charter
system, as applicable, and an opportunity
for a hearing, the state board finds:
(A)
A failure to comply with any recommendation or direction of the state board with
respect to Code Section 20-14-41;
(B)
A failure to adhere to any material term of the charter, including but not
limited to the performance goals set forth in the charter;
(C)
A failure to meet generally accepted standards of fiscal
management;
(D)
A violation of applicable federal, state, or local laws or court
orders;
(E)
The existence of competent substantial evidence that the continued operation of
the charter school
or charter
system would be contrary to the best
interests of the students or the community; or
(F)
A failure to comply with any provision of Code Section 20-2-2065;
or
(3)
Upon the written request of a local board for termination of a charter for a
local charter school located within its school system if, prior to making such
request, the local board provided reasonable notice to the charter school and an
opportunity for a hearing, and determined the existence of any of the grounds
described in paragraph (2) of this Code section.
(b)
For a system charter school, if the school council or governing council, as
applicable, at such school within the charter system requests that:
(1)
The system charter be terminated; or
(2)
The system charter be amended with respect to such system charter
school;
the
state board, after providing reasonable notice to the charter system and the
system charter school, shall conduct a hearing. Based on the findings of the
hearing, the state board may enter into negotiations with the charter system to
amend the charter to address the concerns of the requesting system charter
school. If negotiations fail and the state board finds good cause, the state
board shall be authorized to terminate the system charter or to amend the system
charter with respect to the requesting system charter school; provided, however,
that the local board shall be authorized to terminate the system charter if it
is unwilling to accept the amendments to such charter by the state board. 'Good
cause' includes but is not limited to a local board´s failure to comply
with its obligations and duties under the system charter, state board rules, or
other applicable law, or other good cause as determined in the sole discretion
of the state board."
SECTION
2-12.
Said
chapter is further amended in Code Section 20-2-2068.1, relating to application
of the Quality Basic Education Formula, grants, local tax revenue, and funds
from local bonds, by revising subsections (a) and (c) as follows:
"(a)
A local charter school shall be included in the allotment of QBE formula
earnings, applicable QBE grants, applicable non-QBE 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, where
feasible, building
programs."
"(c)
In addition to the earnings set out in subsection (b) of this Code section,
local revenue shall be allocated to a local charter school on the same basis as
for any local school in the local school system. 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 Part 4 of Article 6 of this chapter
including any funds for psychologists and school social workers but excluding
five percent
of
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 revenue, as calculated by the Quality Basic
Education Formula but excluding categorical grants and other non-QBE 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
system´s local 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 according
to an enrollment counting procedure or projection method stipulated in the terms
of the charter."
SECTION
2-13.
Said
chapter is further amended in Code Section 20-2-2068.1, relating to application
of the Quality Basic Education Formula, grants, local tax revenue, and funds
from local bonds, by
adding a new subsection to read as follows:
adding a new subsection to read as follows:
"(h)
For system charter schools, funds including federal, state, and local revenue
shall be distributed to each such school by the charter system in a manner and
in such amounts as are provided in the terms of the charter with an objective of
maximizing spending at the school
level."
SECTION
2-14.
Said
chapter is further amended by revising Code Section 20-2-2069, relating to the
Office of Charter School Compliance, as follows:
"20-2-2069.
There
is established within the Department of Education an Office of Charter School
Compliance, the responsibilities of which shall be to:
(1)
Prepare charter school
and charter
system guidelines to be approved by the
state board;
(2)
Distribute charter school
and charter
system petition information to inquiring
parties;
(3)
Process all charter school
and charter
system petitions
and coordinate
with the Charter Advisory Committee established pursuant to Code Section
20-2-2063.1 to facilitate its review and recommendations to the state
board
for
consideration by the state
board;
(4)
Administer any state or federal charter school implementation grant
program;
(5)
Contract with an independent party to evaluate the performance of charter
schools and
charter systems, as such performance
relates to fulfilling the terms of their charters; and
(6)
Compile information necessary to produce the annual report required by Code
Section 20-2-2070."
PART
III
SECTION 3-1.
SECTION 3-1.
All
laws and parts of laws in conflict with this Act are repealed.