07 LC 33
1888
House
Bill 469
By:
Representatives Setzler of the
35th
and Chambers of the
81st
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 education, so as to enact the "Public Charter Schools Act"; to provide for
legislative findings; to revise provisions relating to the quality basic
education formula with regard to public charter schools; to revise and add
definitions relating to charter schools; to provide for requirements relating to
public charter schools; to authorize the establishment of public charter schools
by public charter school authorizers and to provide for related requirements; to
provide for intervention by the State Board of Education; to provide that public
charter schools will be eligible for waivers of certain provisions of law; to
provide for the amendment and terms of charters for public charter schools; to
provide for termination of a charter for a public charter school under certain
conditions; to provide for funding for public charter schools; to change certain
provisions relating to facilities funds; to change certain provisions relative
to the Office of Charter School Compliance; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Public Charter Schools
Act."
SECTION
2.
The
General Assembly finds that the education of the children of this state is of
the utmost importance to their individual well-being as well as to the future of
this state. The General Assembly finds and declares that parents should have
control over the education of their children and that the State of Georgia
should give all parents equal opportunities to choose the education best suited
to their child. The General Assembly finds and declares that establishing and
authorizing innovative schools, including public schools that can partner with
colleges and universities under the supervision and authority of the Board of
Regents of the University System of Georgia, to provide educational, vocational,
and career options for students and competition for students is in the best
interests of this state. Further, it is found that entities other than the
local boards of education should be allowed to authorize public charter schools
to establish competition and to encourage innovative methods of
education.
SECTION
3.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to education,
is amended in Code Section 20-2-161, relating to the Quality Basic Education
Formula, by adding a new subsection to read as follows:
"(e.1)
The total charter funding calculated in subsection (h) of Code Section
20-2-2068.1 for public charter schools authorized by a public charter school
authorizer shall be deducted from the allotment of the appropriate school system
prior to disbursing the total allotment to such school system. The department
shall disburse funding to the public charter school authorizer on behalf of a
public charter school, as provided for in subsection (h) of Code Section
20-2-2068.1."
SECTION
4.
Said
chapter is further amended in Code Section 20-2-2062, relating to definitions,
by revising paragraph (1) and by inserting new paragraphs (11.1) and (11.2) 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 public charter school authorizer and a charter petitioner, the terms
of which are approved by the public charter school authorizer and the state
board."
"(11.1)
'Public charter school' means a charter school that is operating under the terms
of a charter between the charter petitioner and a public charter school
authorizer.
(11.2)
'Public charter school authorizer' means:
(A)
The elected governing authority of a county or municipality;
(B)
The board of trustees of an institution of the University System of Georgia;
or
(C)
The State Board of Education
which
authorizes a charter school pursuant to Code Section
20-2-2063.1."
SECTION
5.
Said
chapter 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 relating to charter petitions to establish public charter schools and
provide for the submission of such petitions from a charter petitioner to a
public charter school authorizer."
SECTION
6.
Said
chapter is further amended by adding a new Code section as follows:
"20-2-2063.1.
(a)(1)
Public charter school authorizers shall be authorized to approve public charter
schools and to enter into charters with such schools subject to approval by the
state board as provided in subsection (d) of this Code section. A public
charter school authorizer that approves a public charter school shall be
responsible for the continuing oversight of such school or shall contract with
another public charter school authorizer for such oversight. The oversight
shall be sufficient to ensure that the public charter school authorizer can
certify that the public charter school is in compliance with the charter and
applicable law.
(2)
If the state board finds that a public charter school authorizer is not engaging
in appropriate continuing oversight of one or more public charter schools
operating under a charter issued by the authorizer, the state board may suspend
the power of the public charter school authorizer to issue new charters to
organize and operate public charter schools. Any charter approved by the public
charter school authorizer during any such suspension shall be void. A charter
approved by the public charter school authorizer prior to the suspension shall
not affected by such suspension.
(b)
Public charter school authorizers shall be accountable in the same manner as
local boards of education for the compliance of public charter schools with the
academic and performance requirements of such schools.
(c)
The public charter school authorizer shall approve the charter of a charter
petitioner for a public charter school if the authorizer finds that such
petition meets the requirements set forth in this Code section, Code Section
20-2-2063, and the provisions of this title, and is in the public interest.
Within ten days after approving a charter for a public charter school, the
public charter school authorizer shall submit to the state board a copy of the
petition and charter. If the public charter school authorizer denies a
petition, it must within 60 days specifically state the reasons for the denial,
list all deficiencies, and provide a written statement of the denial to the
charter petitioner.
(d)
The state board shall approve the charter of a charter petitioner for a public
charter school if the petition has been approved by the public charter school
authorizer and the state board finds that such petition meets the requirements
set forth in this Code section. If the state board denies a petition, it must
within 60 days specifically state the reasons for the denial, list all
deficiencies, and provide a written statement of the denial to the charter
petitioner and the public charter school authorizer. This subsection shall not
apply in the case where the state board is also the public charter school
authorizer.
(e)
A public charter school authorizer shall not charge a fee or require
reimbursement of expenses for considering a charter petition, for approving a
charter, or for providing oversight of a charter for a public charter school in
an amount that exceeds a combined total of 3 percent of the total quality basic
education formula earnings calculated pursuant to Code Section 20-2-161 and
received by the public charter school in the school year in which the fees or
expenses are charged. A public charter school authorizer may provide other
services for a public charter school and charge a fee for such services, but
shall not require such an arrangement as a condition to approving the charter
authorizing the public charter school.
(f)
A public charter school authorizer is not required to approve a charter to any
person or entity. Charters for public charter schools shall be issued taking
into consideration the resources available for the proposed public charter
school, the population to be served by such proposed public charter school, and
the educational goals to be achieved by such proposed public charter
school.
(g)
The charter shall establish the method of selection, length of term, and number
of members of the board of directors of each public charter school that is
issued a charter. A person appointed by a public charter school authorizer to
serve as a public charter school board of director member shall be considered a
public officer who, prior to taking public office, shall take the oath of public
office in the same manner as required under Code Section 45-3-1.
(h)
A charter approved by a public charter school authorizer to organize and
administer a public charter school shall contain at least all of the
following:
(1)
The educational goals the public charter school is to achieve and the methods by
which it will be held accountable;
(2)
A description of the method to be used to monitor the public charter
school´s compliance with applicable law and its performance in meeting its
targeted educational objectives;
(3)
A description of the process for amending the charter during the term of the
charter. A public charter school authorizer may issue a charter for up to ten
years, but shall not issue a charter for less than five years;
(4)
Procedures for terminating or revoking the charter and grounds for terminating
or revoking the charter;
(5)
A description of and address for the proposed physical plant in which the public
charter school will be located;
(6)
Requirements and procedures for financial audits. The financial audits shall be
conducted at least annually by a certified public accountant in accordance with
generally accepted governmental auditing principles; and
(7)
A statement that a public charter school shall comply with all applicable
law.
(i)
No application for a public charter school may be made to a public charter
school authorizer by a petitioner for a conversion charter school that has been
denied by a local board.
(j)
The state board shall have the authority to assert control over a public charter
school to ensure that the school satisfies the performance requirements of its
charter if the public charter school authorizer fails to properly oversee the
school or enforce the requirements of the charter, as determined by the state
board. Such intervention may include, but not be limited to:
(1)
Removal of school personnel, including the principal and personnel whose
performance has continued not to produce student achievement gains over a
three-year period as a condition for maintaining charter status;
(2)
Allowing for the conversion to a state chartered special school;
(3)
Mandating the complete reconstitution of the school, removing all personnel,
appointing a new principal, and hiring all new staff. Existing staff may
reapply for employment at the newly reconstituted school but shall not be
rehired if their performance regarding student achievement has been negative for
the past three years;
(4)
Mandating a monitor, master, or management team in the school that shall be paid
by the school;
(5)
Mandating a complete restructuring of the school´s governance arrangement
and internal organization of the school; and
(6)
Any other restrictions or mandates, as deemed appropriate by the state
board.
(k)
A public charter school may take action to carry out its purposes, including,
but not limited to, the following:
(1)
To sue and be sued in its own name;
(2)
To acquire, hold, and own in its own name real or personal property, or
interests in real or personal property, for educational purposes by purchase,
gift, grant, devise, bequest, lease, sublease, installment purchase agreement,
land contract, option, or condemnation, and subject to mortgages, security
interests, or other liens; and to sell or convey the property as the interests
of the public charter school require;
(3)
To receive and disburse funds for lawful purposes;
(4)
To enter into binding legal agreements with persons or entities as necessary for
the operation, management, and maintenance of the public charter
school;
(5)
To incur temporary debt; and
(6)
To solicit and accept any grants or gifts for educational purposes and to
establish or permit to be established on its behalf one or more nonprofit
corporations the purpose of which is to assist the public charter school in the
furtherance of its public purposes.
(l)
A public charter school, with the approval of the public charter school
authorizer, may employ or contract with an entity to provide personnel as
necessary for the public charter school´s operation, and to prescribe the
duties and compensation of such personnel contracted with or employed pursuant
to this subsection."
SECTION
7.
Said
chapter 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 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
or public
charter school authorizer, as applicable,
including but not limited to raising student achievement.
(b)
In determining whether to approve a charter petition or renew an existing
charter, the local board and state board
or the public
charter school authorizer and state board, as
applicable, shall ensure that a charter
school 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)
Subject to the supervision of the public charter school authorizer, if
authorized by such authorizer, as provided in the charter and in a manner
consistent with the Constitution;
(4)(5)
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 or state or local public entity;
(5)(6)
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)(7)
Subject to all laws relating to unlawful conduct in or near a public
school;
(7)(8)
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)(9)
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)(10)
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)(11)
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)(12)
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 adding a new subsection to read as
follows:
"(e)(1) A public charter school shall not charge tuition and shall not
discriminate in its student admissions policies or practices on the basis of
intellectual or athletic ability, measures of achievement or aptitude, status as
a disabled person, or any other basis which would be illegal if done by a local
school system. However, a public charter school may limit admission to students
who are within a particular age range or grade level or on any other basis that
would be legal if done by a local school system.
(2)
Except for a foreign exchange student who is not a United States citizen, a
public charter school shall not enroll a child who is not a resident of this
state. Enrollment in the public charter school may be open to all individuals
who reside in this state who meet the admission policy of the public charter
school. For a public charter school, enrollment shall be open to all children
who reside in this state who meet the admission policy of the public charter
school. If there are more applications to enroll in the public charter school
than there are spaces available, students shall be selected to attend using a
random selection process. However, a public charter school may give enrollment
priority to a sibling of a child enrolled in the public charter school, or
children of a full-time staff member. A public charter school shall allow any
child who was enrolled in the public charter school in the immediately preceding
school year to enroll in the public charter school in the appropriate grade
unless the appropriate grade is not offered at that public charter
school.
(3)
A public charter school may include any grade up to grade 12 or any
configuration of those grades, including kindergarten and early childhood
education, as specified in its charter contract. If specified in its charter, a
public charter school may also operate an adult basic education program, adult
high school completion program, or general educational development testing
preparation program. The authorizer may approve an amendment of a charter with
respect to any provision in the charter, including the ages of children to be
enrolled or the grades offered by the public charter school."
SECTION
9.
Said
chapter 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 public charter school may be amended during the term of the
charter upon the approval of the public charter school authorizer, the state
board, and such charter school.
(b)
The initial term of a charter 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
public charter school authorizer and the state board, in accordance with Code
Section 20-2-2063.1, may renew a public charter school, upon the request of the
school, for the period of time specified in the request, not to exceed ten
years.
(c)
A charter school shall submit an annual report outlining the previous
year´s progress to the authorizing local
board,
or
state board,
or public
charter school authorizer, as appropriate;
to parents and guardians of students enrolled in the school; 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 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, or for
public charter schools, to the public charter school authorizer and the 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
public charter school authorizer or the
state board requests that demonstrates its success."
SECTION
10.
Said
chapter is further amended by revising Code Section 20-2-2068, relating to
charter terminations, as follows:
"20-2-2068.
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;
(2)
If, after providing reasonable notice to the charter school 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 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
or a public
charter school authorizer for termination
of a charter
for a local
charter school located within its school
system if, prior to making such request,
the local board
or public
charter school authorizer 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."
SECTION
11.
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:
"(h)(1)
For purposes of this subsection, the term:
(A)
'Local funding portion' means the amount of local funds from local property
taxes and any other local source which would have been earned or levied on
behalf of the student in the same manner as would have been earned and received
by the local school system in which such student resides if he or she remained
in the local school system.
(B)
'State funding portion' means QBE formula earnings, applicable QBE grants,
applicable nonQBE state grants, and applicable federal grants.
(C)
'Total charter funding' means the state funding portion plus an amount
equivalent to 90 percent of the local funding portion.
(2)
A public charter school shall receive total charter funding for each student in
its school. The state board shall calculate the amount for each student and
shall deduct the total amount from the student´s resident local school
system´s allotment.
(3)
The authorizer for a public charter school shall be the fiscal agent for the
public charter school. The total charter funding shall be paid to the public
charter school authorizer that is the fiscal agent for that public charter
school, which shall then forward the payment to the public charter school. The
local board shall not be responsible for the fiscal management, accounting, or
oversight of the public charter school. The public charter school shall report
enrolled students in a manner consistent with Code Section 20-2-160. Any data
required to be reported by the public charter school shall be submitted directly
by the school to the appropriate state agency. Where feasible, the state board
shall treat a public charter school no less favorably than other public schools
within the state with respect to the provision of funds for transportation and
building programs."
SECTION
12.
Said
chapter is further amended in 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
revising subsections (a) and (h) as follows:
"(a)
From moneys specifically appropriated for such purpose, the state board shall
create a facilities fund for local charter
schools,
and
state chartered special
schools, and
public charter schools for the purpose of
establishing a per pupil, need based facilities aid program."
"(h)
Each local board of education that has designated any facility or property as
surplus, intended for disposal, or otherwise unused shall make such facility or
property available for lease or purchase by a local charter school
or a public
charter school on the same basis as it
makes such facility or property available to other public schools under the
control and management of the local board of education. A conversion charter
school or
public charter school may not be charged a
rental or leasing fee for the existing facility or for property normally used by
the public school which became the conversion charter school. A local charter
school or a
public charter school that receives
property from a local board may not sell or dispose of such property without the
written permission of the local board."
SECTION
13.
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 guidelines to be approved by the state
board;
(2)
Distribute charter school petition information to inquiring
parties;
(3)
Process all charter school petitions for consideration by the state
board;
(4)
Advise public charter school petitioners and public charter schools as to state
board requirements;
(4)(5)
Administer any state or federal charter school implementation grant
program;
(5)(6)
Contract with an independent party to evaluate the performance of charter
schools, as such performance relates to fulfilling the terms of their charters;
and
(6)(7)
Compile information necessary to produce the annual report required by Code
Section 20-2-2070."
SECTION
14.
All
laws and parts of laws in conflict with this Act are repealed.