08 HB881/SCSFA/2
SENATE
SUBSTITUTE TO HB 881
AS
PASSED SENATE
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 provide for definitions; to establish the Georgia Charter Schools
Commission; to provide for its powers and duties; to provide for commission
charter schools; to provide for cosponsors; to provide for petitions and
review; to provide for petitions from existing charter schools; 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 collaboration by the commission with the
Department of Education; to provide for rules and regulations; to provide for
application of general charter school laws; 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.
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.
(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.
20-2-2081.
As
used in this article, the term:
(1)
'Commission' means the Georgia Charter Schools Commission established pursuant
to Code Section 20-2-2082.
(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. 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.
(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 has
been authorized by the commission pursuant to Code Section
20-2-2083.
(4)
'Department' means the state Department of Education.
The
definitions set forth in Code Section 20-2-2062 shall be applicable to this
article.
20-2-2082.
(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 at least bimonthly 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 petitions 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.
20-2-2083.
(a)
The commission shall have the power to:
(1)
Approve or deny petitions for commission charter schools and renew, nonrenew, or
terminate commission charter school petitions in accordance with State Board of
Education rules and regulations established pursuant to this article. At its
discretion, the commission may preliminarily approve a charter petition for a
commission charter school before the petitioner has secured space, equipment, or
personnel, if the petitioner indicates such preliminary approval is necessary
for it to raise working capital. The State Board of Education may overrule the
approval, denial, renewal, nonrenewal, or termination of a commission charter
school by the commission within 60 days of such decision by the commission upon
a vote of at least two-thirds of the members of the state board; provided,
however, that a commission charter school petitioner may re-apply to the
commission for approval or renewal after remedying any deficiencies cited by the
State Board of Education;
(2)
Authorize 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 petitions 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;
(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 commission
charter schools. 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;
(5)
Monitor and annually review and evaluate the academic and financial performance,
including revenues and expenditures, of commission charter schools and hold the
schools accountable for their performance pursuant to the charter and to the
provisions of this article. The commission´s duties to monitor the charter
school shall not constitute the basis for a private cause of
action;
(6)
Report to each local school system the number of students who reside in such
school system and are enrolled in a commission charter school;
(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 standards and accountability for commission
charter schools;
(11)
Act as liaison for cosponsors and commission charter schools in cooperating with
local boards of education that may choose to allow commission charter schools to
utilize excess space within school facilities;
(12)
Collaborate with cosponsors for the purpose of providing the highest level of
public education to all students, including, but not limited to, low-income,
low-performing, gifted, and underserved student populations and 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 commission charter
school to take college courses and receive high school and college credit for
such courses; and
(B)
Assist in determining the feasibility of establishing commission charter schools
for students with disabilities;
(13)
Meet the needs of commission charter schools and local school systems by
uniformly administering high-quality commission charter schools, thereby
removing administrative burdens from the local school systems;
(14)
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
(15)
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.
20-2-2084.
(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 in accordance with commission rules and regulations established
pursuant to this article to encourage technical assistance, academic support,
curriculum review, financial assistance, or other support from
cosponsors.
(b)
Cosponsors shall have no authority to authorize charter schools. Cosponsors may
partner with charter petitioners and the commission to provide community support
for the proposed charter school. This support may include technical assistance,
academic support, curriculum review, financial assistance, or other support as
agreed to between the cosponsor and the commission charter school.
(c)
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.
(a)
Charter school petitions submitted to the commission shall be subject to State
Board of Education rules and regulations established pursuant to this article
and as otherwise applicable to charter schools.
(b)
A petitioner for a commission charter school shall submit a petition for a
start-up charter school to the local board of education in which the school is
to be located and to each local school system from which the commission charter
school plans to enroll students prior to or concurrently with a corresponding
petition to the commission unless the proposed commission charter school plans
to enroll students from five or more counties; provided, however, that the
commission shall not act on the commission charter school petition until the
local board of education or local boards of education have had the opportunity
to approve or deny the petition for a start-up charter school in accordance with
State Board of Education rules and regulations. Local board of education
approval or denial of a start-up charter school petition shall not preclude the
petitioner from seeking authorization from the commission. A petitioner shall
not be required to seek authorization from the commission for a commission
charter school if the local board of education or local boards of education
approve the petition for a start-up charter school; provided, however, that such
start-up charter school shall be governed by Article 31 of this chapter. The
commission shall take into consideration any support or opposition by the local
board of education or local boards of education on a start-up charter school
petition when it votes to approve or deny a corresponding commission charter
school petition.
20-2-2086.
(a)
A petition 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
or State 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 a petition to be submitted by an
existing charter school pursuant to this Code section. An existing charter
school that is established as a commission charter school pursuant to this Code
section shall be allowed to continue the use of all facilities, equipment, and
other assets it used prior to the expiration or rescission of its charter with a
local board of education.
(b)
A petition may not be submitted pursuant to this article for the establishment
of a commission charter school by a school in a charter system or in a system
having applied to become a charter system.
20-2-2087.
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 commission charter schools throughout
this state, and public education programs concerning commission charter
schools.
20-2-2088.
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.
20-2-2089.
If
a charter is not renewed or is terminated, the commission charter school shall
be 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 for which the local school system has agreed upon in writing to assume
responsibility.
20-2-2090.
(a)
The Department of Education shall pay to each commission charter school through
appropriation of state and federal funds an amount equal to the sum
of:
(1)
QBE formula earnings, QBE grants, and federal grants earned by the commission
charter school based on the school´s enrollment, school profile, and
student characteristics. QBE formula earnings shall include the salary portion
of direct instructional costs, the adjustment for training and experience, the
nonsalary portion of direct instructional costs, and earnings for psychologists
and school social workers, school administration, facility maintenance and
operation, media centers, additional days of instruction in accordance with Code
Section 20-2-184.1, and staff development;
(2)
A proportional share of state categorical grants, nonQBE state grants, state
equalization grants, and all other state and federal grants; and
(3)(A)
An amount determined by the commission for each student enrolled in such school
equal to a proportional share of local revenue from the local school system in
which the student attending the commission charter school resides; provided,
however, that the commission may reduce the amount calculated pursuant to this
paragraph based on factors that affect the cost of providing instruction,
including but not limited to the commission charter school´s fiscal impact
on the school system in which it plans to locate, taking into account the size
of the student population in such school system; the commission charter
school´s location and the operational and capital costs of such location;
and any special programs offered by the commission charter school.
(B)
In making the funding determination required pursuant to this paragraph, the
commission shall take into account the following factors:
(i)
In the case of a commission charter school that draws students from multiple
school systems, the commission shall take into account the actual costs of
operating such a commission charter school and any efficiencies gained by using
an expanded attendance zone; and
(ii)
In the case of a commission charter school that plans to offer virtual
instruction, the commission shall reduce the amount calculated pursuant to this
paragraph based on the factors specified in subparagraph (A) of this
paragraph.
(b)
The department may withhold up to 3 percent of the amount determined pursuant to
subsection (a) of this Code section for each commission charter school for use
in administering the duties required pursuant to Code Section 20-2-2083;
provided, however, that any amount withheld pursuant to this subsection shall be
spent solely on expenses incurred by the commission in performing the duties
required by this article.
(c)
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 pursuant to subsection (a) of this Code
section.
(d)
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 shall calculate and distribute the funding for the
commission 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
commission charter school´s operation and in all years of operation
thereafter, each commission 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 to conduct more than two student counts per
year.
20-2-2091.
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
20-2-2090.
20-2-2092.
The
commission and the State Board of Education, as appropriate, shall adopt rules
and regulations necessary to facilitate the implementation of this article.
Except as otherwise provided in this article, any rules and regulations adopted
by the State Board of Education pursuant to this article, to the extent
practicable, shall be established in the same manner as for state chartered
special schools under Article 31 of this chapter."
SECTION
2.
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
3.
All
laws and parts of laws in conflict with this Act are repealed.