08 LC 33
2347S
The
House Committee on Education offers the following substitute to HB
881:
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 provide for legislative findings
and intent; to establish the Georgia Charter Schools Commission; to provide for
its powers and duties; to provide for commission charter schools; to provide for
approval and duties of cosponsors; to provide for cosponsor agreements; to
provide for revocation of approval of cosponsors; to provide for application and
review; to provide for applications of existing charter schools; to provide for
application of general charter school laws; to provide for access to information
for parents; to provide for an annual report; to provide for debts of commission
charter schools; to provide for funding for commission charter schools; to
provide for commission charter schools to be treated as part of a single,
state-wide local education agency for certain purposes; to provide for rules and
regulations; to provide for retention of administrative fees by a local board of
education for newly approved local charter schools; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
(a)
The General Assembly finds that:
(1)
Charter schools are a critical component in this state´s efforts to provide
efficient and high-quality schools within this state´s uniform system of
public education;
(2)
Charter schools provide valuable educational options and learning opportunities
while expanding the capacity of this state´s system of public education and
empowering parents with the ability to make choices that best fit the individual
needs of their children; and
(3)
The growth of charter schools in this state has contributed to enhanced student
performance, greater efficiency, and increased parental
satisfaction.
(b)
It is the intent of the General Assembly that:
(1)
There be established a state-level commission whose primary focus is the
development and support of charter schools in order to better meet the growing
and diverse needs of some of the increasing number and array of charter schools
in this state and to further ensure that charter schools of the highest academic
quality are approved and supported throughout the state in an efficient manner;
and
(2)
New sources of community support from cosponsors should be authorized to
participate in developing and supporting charter schools, with the goal of
maximizing access to a wide variety of high-quality educational options for all
students regardless of disability, race, or socioeconomic status, including
those students who have struggled in a traditional public school
setting.
SECTION
2.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary
and secondary education, is revised by adding a new article to read as
follows:
"ARTICLE
31A
20-2-2080.
As
used in this article, the term:
(1)
'Commission' means the Georgia Charter Schools Commission established pursuant
to Code Section 20-2-2081.
(2)
'Commission charter school' means a charter school authorized by the commission
pursuant to this article whose creation is authorized as a special school
pursuant to Article VIII, Section V, Paragraph VII of the
Constitution.
(3)
'Cosponsor' means a municipality, county, consolidated government, university or
college of the board of regents, technical institution of the Department of
Technical and Adult Education, or regional educational service agency which
meets the requirements of Code Section 20-2-2083 and has been authorized by the
commission pursuant to Code Section 20-2-2082.
(4)
'Department' means the state Department of Education.
20-2-2081.
(a)
The Georgia Charter Schools Commission is established as a state-level charter
school authorizing entity working in collaboration with the Department of
Education. Startup funds necessary to establish and operate the commission may
be received by the State Board of Education in addition to such other funds as
may be appropriated by the General Assembly. The department shall assist in
securing federal and other institutional grant funds to establish the
commission.
(b)
The commission shall be appointed by the State Board of Education and shall be
composed of a total of seven members and made up of three appointees recommended
by the Governor, two appointees recommended by the President of the Senate, and
two appointees recommended by the Speaker of the House of Representatives. The
Governor, the President of the Senate, and the Speaker of the House of
Representatives shall each recommend a list of no fewer than two nominees for
each appointment to the commission. The appointments shall be made as soon as
feasible but no later than September 1, 2008. Each member shall serve a term of
two years; however, for the purpose of providing staggered terms, of the initial
appointments, three members shall be appointed to one-year terms and four
members shall be appointed to two-year terms as determined by the State Board of
Education. Thereafter, each appointee shall serve a two-year term unless the
State Board of Education, after review and upon recommendation by the initial
recommending authority, extends the appointment. If a vacancy occurs on the
commission, it shall be filled by the State Board of Education from a
recommendation by the appropriate authority according to the procedure set forth
in this subsection. The members of the commission shall annually vote to
appoint a chairperson and a vice chairperson from among its membership. Each
member of the commission shall hold a bachelor´s degree or higher, and the
commission should include a group of diverse individuals representative of
Georgia´s school population who has experience in finance, administration,
law, education, public school teaching, and school governance.
(c)
The commission is encouraged to convene its first meeting no later than October
1, 2008, and thereafter shall meet each month at the call of the chairperson or
upon the request of four members of the commission. Four members of the
commission shall constitute a quorum.
(d)
The commission shall determine the manner in which it reviews commission charter
school applications and may, in its discretion, use existing department
personnel to conduct such review.
(e)
The members of the commission shall not be compensated for their services on the
commission but may be reimbursed for per diem and travel expenses in the same
manner as provided for in Code Section 45-7-21.
20-2-2082.
(a)
The commission shall have the power to:
(1)
Authorize commission charter schools, including the approval or denial of
commission charter school applications pursuant to Code Section 20-2-2064 and
the nonrenewal or termination of charter schools pursuant to Code Section
20-2-2068. At its discretion, the commission may endorse a charter for a
commission charter school before the applicant has secured space, equipment, or
personnel, if the applicant indicates such endorsement is necessary for it to
raise working capital. The State Board of Education may overrule the
authorization or endorsement of a commission charter school by the commission
within 60 days of the commission approval, upon a vote to overrule of at least
two-thirds of the members of the state board; provided, however, that this shall
not preclude a commission charter school applicant from re-applying for
authorization or endorsement to the commission after remedying any deficiencies
cited by the State Board of Education in its overrule decision;
(2)
Authorize municipalities, counties, consolidated governments, universities and
colleges of the board of regents, technical institutions of the Department of
Technical and Adult Education, and regional educational service agencies to act
as cosponsors of commission charter schools; and
(3)
Conduct facility and curriculum reviews of commission charter
schools.
(b)
The commission shall have the following duties:
(1)
Review charter school applications for commission charter schools and assist in
the establishment of commission charter schools throughout this state. The
commission shall ensure that all charters for commission charter schools are
consistent with state education goals. A commission charter school shall exist
as a public school within the state as a component of the delivery of public
education within Georgia´s K-12 education system pursuant to a charter
approved by the commission under this article;
(2)
Develop, promote, and disseminate best practices for charter schools and charter
school cosponsors in order to ensure that high-quality charter schools are
developed and encouraged. At a minimum, the best practices shall encourage the
development and replication of academically and financially proven charter
school programs;
(3)
Develop, promote, and require high standards of accountability for any school
that applies for and is granted a charter under this article. The commission
shall ensure that each commission charter school participates in the
state´s education accountability system. If a commission charter school
falls short of performance measures included in the approved charter, the
commission shall report such shortcomings to the Department of
Education;
(4)
Monitor and annually review the performance of cosponsors approved pursuant to
this article and hold the cosponsors accountable for their performance pursuant
to the provisions of Code Section 20-2-2083 and of the terms of the agreement
entered into pursuant to Code Section 20-2-2084. The commission shall annually
review and evaluate the performance of each cosponsor based upon the financial
and administrative support provided to the cosponsor´s charter schools and
the quality of charter schools sponsored by the cosponsor, including the
academic performance of the students that attend those schools;
(5)
Monitor and annually review and evaluate the academic and financial performance,
including the revenues and expenditures, of the commission charter schools and
hold the schools accountable for their performance pursuant to the charter and
to the provisions of this article and Article 31 of this chapter. The
commission´s duties to monitor the charter school shall not constitute the
basis for a private cause of action;
(6)
Report the student enrollment in each commission charter school to the local
board of education of the district in which the school is located;
(7)
Work with its cosponsors to monitor the financial management of each commission
charter school;
(8)
Direct charter schools and persons seeking to establish charter schools to
sources of private funding and support;
(9)
Actively seek, with the assistance of the department, supplemental revenue from
federal grant funds, institutional grant funds, and philanthropic organizations.
The commission may, through the State Board of Education, receive and expend
gifts, grants, and donations of any kind from any public or private entity to
carry out the purposes of this article;
(10)
Review and recommend to the General Assembly any necessary revisions to
statutory requirements regarding the qualification and approval of
municipalities, counties, consolidated governments, universities and colleges of
the board of regents, technical institutions of the Department of Technical and
Adult Education, and regional educational service agencies as cosponsors for
commission charter schools;
(11)
Review and recommend to the General Assembly any necessary revisions to
statutory requirements regarding the standards for accountability and criteria
for revocation of approval of cosponsors of commission charter
schools;
(12)
Act as liaison for cosponsors and commission charter schools in cooperating with
local boards of education that may choose to allow charter schools to utilize
excess space within public school facilities;
(13)
Collaborate with municipalities, counties, consolidated governments,
universities and colleges of the board of regents, technical institutions of the
Department of Technical and Adult Education, and regional educational service
agencies as cosponsors for commission charter schools for the purpose of
providing the highest level of public education to low-income, low-performing,
gifted, or underserved student populations or to students with special needs.
Such collaborations shall:
(A)
Allow universities and colleges of the board of regents and technical
institutions of the Department of Technical and Adult Education that cosponsor
commission charter schools to enable students attending a charter school to take
college courses and receive high school and college credit for such courses;
and
(B)
Be used to determine the feasibility of opening charter schools for students
with disabilities;
A
technical institution of the Department of Technical and Adult Education or a
community college of the board of regents may work with the school system or
school systems in its designated service area to develop commission charter
schools that offer secondary education. These charter schools may include an
option for students to receive an associate degree, either upon high school
graduation or thereafter. Local boards of education shall cooperate with and be
encouraged to assist the technical institution or community college on the
charter application;
(14)
Support municipalities, counties, and consolidated governments when the
governing body, through resolution passed by such governing body of the
municipality, county, or consolidated government, expresses an intent to
cosponsor and establish charter schools within the municipal or county
boundaries;
(15)
Meet the needs of charter schools and local school systems by uniformly
administering high-quality charter schools, thereby removing administrative
burdens from the local school systems;
(16)
Assist commission charter schools in negotiating and contracting with local
boards of education that choose to provide certain administrative or
transportation services to the charter schools on a contractual basis;
and
(17)
Provide training for members of commission charter school governing bodies after
approval of the charter school. The training shall include, but not be limited
to, best practices on charter school governance, the constitutional and
statutory requirements relating to public records and meetings, and the
requirements of applicable statutes and State Board of Education
rules.
20-2-2083.
(a)
The commission shall begin accepting applications to act as cosponsors no later
than January 31, 2009. The commission shall review and evaluate all
applications for compliance with the provisions of subsection (d) of this Code
section.
(b)
Cosponsors shall have no authority to authorize charter schools. Instead,
interested municipalities, counties, consolidated governments, universities and
colleges of the board of regents, technical institutions of the Department of
Technical and Adult Education, and regional educational service agencies, once
approved by the commission, may partner with charter applicants to provide local
sources of community support for the proposed charter school. This support may
include providing technical assistance, academic support, curriculum review,
financial assistance, or other support as agreed to between the cosponsor and
the charter school.
(c)
The commission shall limit the number of charter schools that a cosponsor may
sponsor pursuant to its review of the cosponsor´s application under
subsection (d) of this Code section. Upon application by the cosponsor and
review by the commission of the performance of a cosponsor´s current
charter schools, the commission may approve a cosponsor´s application to
raise the limit previously set by the commission.
(d)
Any entity set forth in subsection (b) of this Code section that is interested
in becoming a cosponsor pursuant to this Code section shall prepare and submit
an application to the commission that provides evidence that the
entity:
(1)
Has the necessary staff and infrastructure or has established the necessary
contractual or interagency relationships to ensure its ability to handle all of
the administrative responsibilities required of a charter school
cosponsor;
(2)
Has the necessary staff expertise and infrastructure or has established the
necessary contractual or interagency relationships to ensure that it will
approve and is able to develop and maintain charter schools of the highest
academic quality;
(3)
Is able to provide the necessary public and private financial resources and
staff to ensure that it can monitor and support charter schools that are
economically efficient and fiscally sound;
(4)
Is committed to providing equal access to all students and to maintaining a
diverse student population within its charter schools, including compliance with
all applicable requirements of federal law;
(5)
Is committed to serving low-income, low-performing, gifted, or underserved
student populations, students with special needs, or a critical
need;
(6)
Has articulated annual academic and financial goals and expected outcomes for
its charter schools as well as the methods and plans by which it will measure
and achieve those goals and outcomes; and
(7)
Has policies in place to protect its cosponsoring practices from conflicts of
interest.
(e)
The commission´s decision to deny an application or to revoke approval of a
cosponsor pursuant to Code Section 20-2-2085 is not subject to Chapter 13 of
Title 50, the "Georgia Administrative Procedure Act," and may be appealed to the
State Board of Education pursuant to Code Section 20-2-2064.1.
20-2-2084.
Upon
approval of a cosponsor, the commission and the cosponsor shall enter into an
agreement that defines the cosponsor´s rights and obligations.
20-2-2085.
If
at any time the commission finds that a cosponsor is not in compliance, or is no
longer willing to comply, with its contract with a charter school or with its
cosponsor agreement with the commission, the commission shall provide notice and
a hearing in accordance with State Board of Education rules. If after a hearing
the commission confirms its initial finding, the commission shall revoke the
cosponsor´s approval.
20-2-2086.
Charter
school applications submitted to the commission shall be subject to State Board
of Education regulations and the same requirements set forth in Code Section
20-2-2063. The commission shall receive and review all applications for
commission charter schools according to the provisions for review of charter
school applications under Code Section 20-2-2064.
20-2-2087.
(a)
An application may be submitted pursuant to this Code section by an existing
charter school approved by a local board of education or the State Board of
Education provided that the obligations of its charter with the local board of
education will expire prior to entering into a new charter with the commission.
A local board of education or the State Board of Education in the case of a
state chartered special school may agree to rescind or waive the obligations of
a current charter to allow an application to be submitted by an existing charter
school pursuant to this Code section. A charter school that changes cosponsors
pursuant to this subsection shall be allowed to continue the use of all
facilities, equipment, and other assets it owned or leased prior to the
expiration or rescission of its charter with a local board of
education.
(b)
An application to the commission by a conversion charter school as defined in
Code Section 20-2-2062 may only be submitted upon consent of the local board of
education. In such instance, the local board of education may retain the
facilities, equipment, and other assets of the conversion charter school for its
own use or agree to reasonable terms for their continued use by the conversion
charter school.
20-2-2088.
The
provisions of Article 31 of this chapter shall apply to the commission and the
cosponsors and commission charter schools approved pursuant to this
article.
20-2-2089.
The
commission shall provide maximum access to information regarding commission
charter schools to all parents in this state. It shall maintain information
systems, including, but not limited to, a user-friendly Internet website, that
will provide information and data necessary for parents to make informed
decisions. At a minimum, the commission shall provide parents with information
on its accountability standards, links to schools of excellence throughout this
state, and public education programs available in this state.
20-2-2090.
Each
year, the chairperson of the commission shall appear before the State Board of
Education and submit a report regarding the academic performance and fiscal
responsibility of all commission charter schools and cosponsors approved under
this article.
20-2-2091.
If
a charter is not renewed or is terminated, the commission charter school is
responsible for all debts of such charter school. The local school system may
not assume the debt from any contract for services made between the governing
body of the commission charter school and a third party, except for a debt that
is previously detailed and agreed upon in writing by both the local school
system and the governing body of the charter school and that may not reasonably
be assumed to have been satisfied by the local school system.
20-2-2092.
(a)
A commission charter school shall be entitled to funding, through state
appropriation of state and federal funds, so that the school shall receive a
full proportional share for each student enrolled in such school equivalent to
the federal, state, and local funding from the local school system in which the
student attending the commission charter school resides. Such funding shall be
based on the charter school´s student enrollment and student
characteristics, including all applicable categorical grants, equalization
grants, and all other grant programs for which such students qualify. The
department, however, may retain up to 3 percent of the funding so calculated for
each charter school it has approved for use in administering the duties required
pursuant to Code Section 20-2-2082. The total allotment of state and federal
funds to the local school system in which a student attending a commission
charter school resides shall be calculated as otherwise provided in Article 6 of
this chapter with an ensuing reduction equivalent to the amount of state and
federal funds appropriated to the commission charter schools from such local
school system.
(b)
For purposes of funding students enrolled in commission charter schools in the
first year of such charter school´s operation and prior to the initial
student count, the Department of Education shall calculate and distribute the
funding for the charter school on the basis of its projected enrollment
according to an enrollment counting procedure or projection method stipulated in
the terms of the charter. After the initial student count during the first year
of such charter school´s operation and in all years of operation
thereafter, each charter school´s student enrollment shall be based on the
actual enrollment in the current school year according to the most recent
student count. Nothing in this Code section shall be construed to require the
Department of Education to conduct more than two student counts per
year.
20-2-2093.
The
commission shall work in collaboration with the department on all matters
related to charter authorizing and shall be assigned to the department for
administrative purposes only, as prescribed in Code Section 50-4-3. For
administrative purposes, including data reporting, student enrollment counting
procedures, student achievement reporting, funding allocations, and related
purposes as defined by the State Board of Education, commission charter schools
should, consistent with department rules and regulations, be treated as
contained within a single, state-wide local education agency. This local
education agency shall be administered by the Department of Education, which
shall ensure that commission charter schools receive the support required by
this article, including, but not limited to, establishing procedures to ensure
that commission charter schools receive the funding required by Code Section
20-2-2092.
20-2-2094.
The
commission shall adopt rules and regulations necessary to facilitate the
implementation of this article."
SECTION
3.
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:
"(c.2)
For newly approved local charter schools, including charter renewals, the local
board of education may retain an amount of the charter school´s per pupil
share of state and local funding not to exceed 3 percent of the total funds
earned by the charter school to reimburse the local school system for
administrative services actually provided to the charter
school."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.