Bill Text: GA HB797 | 2011-2012 | Regular Session | Introduced
Bill Title: State chartered special schools; revise funding
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2012-07-01 - Effective Date [HB797 Detail]
Download: Georgia-2011-HB797-Introduced.html
12 HB
797/AP
House
Bill 797 (AS PASSED HOUSE AND SENATE)
By:
Representatives Jones of the
46th,
Coleman of the
97th,
and Lindsey of the
54th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 20 of the Official Code of Georgia Annotated, relating to education,
so as to repeal an article relating to the Georgia Charter Schools Commission;
to provide for legislative findings and intent; to provide for definitions; to
provide for the establishment of the State Charter Schools Commission; to
provide for its membership, duties, and powers; to provide for requirements for
state charter schools; to provide for information to parents; to provide for an
annual report; to provide for financial responsibility; to provide for funding
for state charter schools; to provide for rules and regulations; to revise
provisions relating to funding for state chartered special schools; to provide
for related matters; to provide for contingent effectiveness; to provide for
automatic repeal under certain conditions; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
by repealing Article 31A of Chapter 2, relating to the Georgia Charter Schools
Commission, and enacting a new article to read as follows:
"ARTICLE
31A
20-2-2080.
(a)
The General Assembly finds that:
(1)
State charter schools can serve as a complement to the educational opportunities
provided by local boards of education in the state's system of public education;
and
(2)
State charter schools do not supplant public schools operated by local boards of
education but provide options to enhance public educational
opportunities.
(b)
It is the intent of the General Assembly that there be established a state-level
commission under the authority of the State Board of Education whose primary
focus is the development and support of state charter schools in order to better
meet the growing and diverse needs of students in this state and to further
ensure that state charter schools of the highest academic quality are approved
and supported throughout the state in an efficient manner.
20-2-2081.
As
used in this article, the term:
(1)
'Attendance zone' means all or a portion of a local school system, one or more
local school systems or portions thereof, or all local school systems in this
state.
(2)
'Commission' means the State Charter Schools Commission established pursuant to
Code Section 20-2-2082.
(3)
'Department' means the state Department of Education.
(4)
'Governing board' means the governing board of the nonprofit organization which
is the charter petitioner for a state charter school and which is the same as
the governing board of the state charter school which is involved in
school-level governance of the state charter school.
(5)
'State charter school' means a 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 state charter
school shall be a public school.
The
definitions set forth in Code Section 20-2-2062 shall be applicable to this
article.
20-2-2082.
(a)
The State Charter Schools Commission is established as a state-level authorizing
entity working in collaboration with the Department of Education under the
authority of the State Board of Education. Start-up 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 the first regular meeting of the State Board of
Education in February, 2013. Each member shall serve a term of two years;
provided, however, that, 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, to the extent possible, with respect to race, sex,
and geography who have experience in finance, administration, law, and
education.
(c)
The commission is encouraged to convene its first meeting no later than March 1,
2013, 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 state 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.
(f)
No commission member shall solicit or accept any gift, favor, loan,
contribution, service, promise of future employment, or other thing of value
based upon an understanding that the gift, favor, loan, contribution, service,
promise, or other thing of value was given or offered for the purpose of
influencing that commission member in the discharge of his or her duties as a
commission member.
20-2-2083.
(a)
The commission shall have the power to:
(1)
Approve or deny petitions for state charter schools and renew, nonrenew, or
terminate state charter school petitions in accordance with rules and
regulations established pursuant to this article. At its discretion, the
commission may preliminarily approve a petition for a state 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 shall review and may overrule the
approval or renewal of a state charter school by the commission within 60 days
of such decision by the commission upon a majority vote of the members of the
state board; and
(2)
Conduct facility and curriculum reviews of state charter schools.
(b)
The commission shall have the following duties:
(1)
Review petitions for state charter schools and assist in the establishment of
state charter schools throughout this state. The commission shall ensure that
all charters for state charter schools are consistent with state education
goals;
(2)
Develop, promote, and disseminate best practices for state charter schools in
order to ensure that high-quality schools are developed and encouraged. At a
minimum, the best practices shall encourage the development and replication of
academically and financially proven state charter school programs;
(3)
Develop, promote, and require high standards of accountability for state charter
schools. The commission shall ensure that each state charter school
participates in the state's education accountability system. If a state 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 and evaluate the academic and financial performance,
including revenues and expenditures, of state charter schools and hold the
schools accountable for their performance pursuant to the charter and to the
provisions of this article. The commission shall also review the citizenship
and immigration status of each individual that works at a state charter school
and aggregate the information by school on an annual basis. The commission's
duties to monitor the state charter school shall not constitute the basis for a
private cause of action;
(5)
Direct state charter schools and persons seeking to establish state charter
schools to sources of private funding and support;
(6)
Actively seek, with the assistance of the department, supplemental revenue from
federal grant funds, institutional grant funds, and philanthropic organizations.
The commission may receive and expend gifts, grants, and donations of any kind
from any public or private entity to carry out the purposes of this
article;
(7)
Review and recommend to the General Assembly any necessary revisions to
statutory requirements regarding standards and accountability for state charter
schools;
(8)
Act as liaison for state charter schools in cooperating with local boards of
education that may choose to allow state charter schools to utilize excess space
within school facilities;
(9)
Encourage collaboration with municipalities, counties, consolidated governments,
universities or colleges of the board of regents, technical institutions of the
Technical College System of Georgia, and regional educational service
agencies;
(10)
Meet the needs of state charter schools and local school systems by uniformly
administering high-quality state charter schools, thereby removing
administrative burdens from the local school systems;
(11)
Assist state charter schools in negotiating and contracting with local boards of
education that choose to provide certain administrative or transportation
services to the state charter schools on a contractual basis; and
(12)
Provide for annual training, as determined by the commission, for members of
state charter school governing boards. The training shall include, but not be
limited to, best practices on school governance, the constitutional and
statutory requirements relating to public records and meetings, and the
requirements of applicable statutes and rules and regulations.
(c)(1)
The commission shall establish rules and regulations requiring each state
charter school to provide adequate notice of its enrollment procedures,
including any provision for the use of a random selection process where all
applicants have an equal chance of being admitted in the event that the number
of applications to enroll in the school exceeds the capacity of the program,
grade, or school.
(2)
The commission shall provide adequate notice to local boards of education and to
the public regarding meetings to be held by the commission. Such notice shall
include the charter petitions to be discussed and acted upon. Such notice shall
be provided in accordance with Chapter 14 of Title 50, relating to open and
public meetings.
20-2-2084.
(a)
Petitions submitted to the commission shall be subject to rules and regulations
established pursuant to this article.
(b)
The commission shall be authorized to approve a petition for a state charter
school that meets the following requirements:
(1)
Has a state-wide attendance zone; or
(2)(A)
Has a defined attendance zone; and
(B)
Demonstrates that it has special characteristics, such as a special population,
a special curriculum, or some other feature or features which enhance
educational opportunities, which may include the demonstration of a need to
enroll students across multiple communities or an alternative delivery system;
provided, however, that the petitioner shall demonstrate a reasonable
justification for any proposed special curriculum that has a narrow or limited
focus.
(c)(1)
For petitions for state charter schools with a state-wide attendance zone, the
petitioner shall submit such petition to the commission and concurrently to the
local board of education in which the school is proposed to be located for
information purposes; provided, however, that this shall not apply to a proposed
state charter school which will solely provide virtual instruction.
(2)
For petitions for state charter schools with a defined attendance zone, the
petitioner shall concurrently submit such petition to the commission, to the
local board of education in which the school is proposed to be located, and to
each local school system from which the proposed school plans to enroll
students. The commission shall not act on a petition unless the local board of
education in which the school is proposed to be located denies the petition;
provided, however, that such local board shall approve or deny the petition no
later than 60 days after its submission, as required pursuant to subsection (b)
of Code Section 20-2-2064, unless the petitioner requested an extension.
Failure to approve or deny such petition by such local board, in violation of
Code Section 20-2-2064, shall be deemed a denial for purposes of this paragraph.
A local board that has denied a petition for a state charter school shall be
permitted to present to the commission in writing or in person the reasons for
denial and the deficiencies in such petition resulting in such
denial.
(3)
The commission may take into consideration any support or opposition by the
local board of education or local boards of education on the start-up charter
school petition when it votes to approve or deny a corresponding state charter
school petition.
(d)
A state charter school shall:
(1)
Seek highly qualified, properly trained teachers and other qualified personnel
for such schools; provided, however, that such schools shall give preference to
hiring an individual who is a citizen or national of the United States over
another individual who is not a citizen or national of the United States if the
two individuals are equally qualified, unless a teacher is a foreign exchange
teacher; provided, however, that prior to hiring an individual other than a
citizen or national of the United States or a protected individual as defined in
8 U.S.C. Section 1324b, the school shall receive approval by the commission and
demonstrate that qualified teachers and other personnel were sought but not
available in such area which warrants hiring an individual other than a citizen
or national of the United States or a protected individual as defined in 8
U.S.C. Section 1324b, unless a teacher is a foreign exchange teacher; provided,
further, that the commission and the state charter school shall not construe
this paragraph in a manner in violation of 8 U.S.C. Section 1324b or other
provisions of law; and
(2)
Give preference in contracting and purchasing of services and materials to
businesses incorporated under the laws of this state or qualified to do business
within this state and having a regularly maintained and established place of
business within this state, so long as such businesses are otherwise similarly
situated and qualified as compared to a business from out of state.
(e)(1)
The members of the governing board for the state charter school shall meet the
following qualifications:
(A)
Must be a United States citizen;
(B)
Must be a resident of Georgia; and
(C)
Must not be an employee of the state charter school.
(2)
No member of the governing board of the state charter school shall:
(A)
Act in his or her official capacity in any matter where he or she, his or her
immediate family member, or a business organization in which he or she has an
interest has a material financial interest that would reasonably be expected to
impair his or her objectivity or independence of judgment;
(B)
Solicit or accept or knowingly allow his or her immediate family member or a
business organization in which he or she has an interest to solicit or accept
any gift, favor, loan, political contribution, service, promise of future
employment, or other thing of value based upon an understanding that the gift,
favor, loan, contribution, service, promise, or other thing of value was given
or offered for the purpose of influencing that board member in the discharge of
his or her duties as a board member;
(C)
Use, or knowingly allow to be used, his or her position or any information not
generally available to the members of the public which he or she receives or
acquires in the course of and by reason of his or her position for the purpose
of securing financial gain for himself or herself, his or her immediate family
member, or any business organization with which he or she is associated;
or
(D)
Be an officer or serve on the board of directors of any organization that sells
goods or services to that state charter school.
As
used in this paragraph, the term 'immediate family member' means a spouse,
child, sibling, or parent or the spouse of a child, sibling, or
parent.
(f)
The members of the governing board of each state charter school shall
participate in annual training conducted by the commission pursuant to paragraph
(12) of subsection (b) of Code Section 20-2-2083.
(g)
An individual that works at a state charter school or an individual that has
administrative oversight at a state charter school shall not serve on the board
of directors of an organization that sells goods or services to such state
charter school.
20-2-2085.
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. Upon the existing charter school's request, 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 state 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;
provided, however, that the local board shall be authorized to charge or
continue to charge a reasonable fee for use of the facilities.
20-2-2086.
The
commission shall provide maximum access to information regarding state 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 state charter schools throughout this state,
and public education programs concerning state charter schools.
20-2-2087.
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 state charter schools approved under this
article.
20-2-2088.
If
a charter for a state charter school is not renewed or is terminated, the state
charter school shall be responsible for all debts of such school. Neither the
state, the State Board of Education, or the commission shall be liable for any
debts of the school in the event the charter is not renewed or is terminated.
The local school system may not assume the debt from any contract for services
made between the governing body of the state charter school and a third party,
except for a debt for which the local school system has agreed upon in writing
to assume responsibility.
20-2-2089.
(a)(1)
The earnings for a student in a state charter school shall be equal to the
earnings for any other student with similar student characteristics in a state
charter school, regardless of the local school system in which the student
resides or the school system in which the state charter school is located, and,
except as otherwise provided in paragraph (2) of this subsection, the department
shall pay to each state charter school through appropriation of state funds an
amount equal to the sum of:
(A)(i)
QBE formula earnings and QBE grants earned by the state charter school based on
the school's enrollment, school profile, and student characteristics. For
purposes of this subparagraph, the term 'QBE formula earnings' means funds
earned for the Quality Basic Education Formula pursuant to Code Section
20-2-161, including the portion of such funds that are calculated in accordance
with Code Section 20-2-164. 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, as determined by
the department.
(ii)
A proportional share of earned state categorical grants, non-QBE state grants,
transportation grants, school nutrition grants, and all other state grants,
except state equalization grants, as determined by the department;
(B)
The average amount of the total revenues less federal revenues less state
revenues other than equalization grants per full-time equivalent for the lowest
five school systems ranked by assessed valuation per weighted full-time
equivalent count, as determined by the department; and
(C)
The state-wide average total capital revenue per full-time equivalent, as
determined by the department.
(2)
In the event that a state charter school offers virtual
instruction:
(A)
The amount of funds received pursuant to subparagraph (B) of paragraph (1) of
this subsection shall be equal to two-thirds of such calculated amount;
provided, however, that this two-thirds amount may be increased by any amount up
to the originally calculated amount in the discretion of the commission if
relevant factors warrant such increase; and
(B)
The commission may reduce the amount of funds received pursuant to subparagraph
(C) of paragraph (1) of this subsection in proportion to the amount of virtual
instruction provided and based on factors that affect the cost of providing
instruction.
(3)
For purposes of this subsection, the terms:
(A)
'Assessed valuation' is defined as 40 percent of the equalized adjusted property
tax digest reduced by the amount calculated pursuant to subsection (g) of Code
Section 20-2-164.
(B)
'Assessed valuation per weighted full-time equivalent count' is defined as the
assessed valuation for the most recent year available divided by the weighted
full-time equivalent count for the year of the digest.
(b)
The department may withhold up to 3 percent of the amount determined pursuant to
subsection (a) of this Code section for each state 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)
No deduction shall be made to any state funding which a local school system is
otherwise authorized to receive pursuant to this chapter as a direct result or
consequence of the enrollment in a state charter school of a specific student or
students who reside in the geographical area of the local school
system.
(d)
For purposes of funding students enrolled in a state charter school in the first
year of such school's operation or for the first year that an existing state
charter school offers a new grade level and prior to the initial student count,
the commission shall calculate and the department shall distribute the funding
for the state 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. No later than July 1 of each year, the commission shall notify
the department and the Office of Planning and Budget of the funding estimates
calculated pursuant to this subsection for any new state charter schools and for
any new grade levels offered by existing state charter schools. After the
initial student count during the first year of such state charter school's
operation or newly offered grade level and in all years of operation thereafter,
each state 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.
(e)
Funding for state charter schools pursuant to this Code section shall be subject
to appropriations by the General Assembly and such schools shall be treated
consistently with all other public schools in this state, pursuant to the
respective statutory funding formulas and grants.
20-2-2090.
The
commission shall work in collaboration with the department on all matters
related to authorizing state charter schools 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,
each state charter school shall, consistent with department rules and
regulations, be treated as a single local education agency.
20-2-2091.
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 and subject to the same
requirements as for state chartered special schools under Article 31 of this
chapter."
SECTION
2A.
Said
title is further amended by revising subsection (d) of Code Section 20-2-2068.1,
relating to funding for charter schools, as follows:
"(d)(1)
QBE formula
earnings, applicable QBE grants, applicable non-QBE state grants, and applicable
federal grants that are earned by a state chartered special school shall be
distributed to the local board of the local school system in which the state
chartered special school is located which shall distribute the same amount to
the state chartered special school; provided, however, that a state chartered
special school shall not be included in the calculation and distribution of the
local school system's equalization grant unless the voters of the local school
system have approved the use of revenue from local tax levies and funds from
local bonded indebtedness to support the state chartered special school in
accordance with subsection (e) of this Code section. If such approval has been
given, state equalization grant earnings shall be earned for the state chartered
special school and shall be distributed as provided in subsection (f) of this
Code section.
Effective July
1, 2012, except as otherwise provided in paragraph (2) of this subsection, the
department shall pay to each state chartered special school through
appropriation of state funds an amount equal to the sum of:
(A)(i)
QBE formula earnings and QBE grants earned by the state chartered special school
based on the school's enrollment, school profile, and student characteristics.
For purposes of this subparagraph, the term 'QBE formula earnings' means funds
earned for the Quality Basic Education Formula pursuant to Code Section
20-2-161, including the portion of such funds that are calculated in accordance
with Code Section 20-2-164. 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, as determined by
the department.
(ii)
A proportional share of earned state categorical grants, non-QBE state grants,
transportation grants, school nutrition grants, and all other state grants,
except state equalization grants, as determined by the department;
(B)
The average amount of the total revenues less federal revenues less state
revenues other than equalization grants per full-time equivalent for the lowest
five school systems ranked by assessed valuation per weighted full-time
equivalent count, as determined by the department; and
(C)
The state-wide average total capital revenue per full-time equivalent, as
determined by the department.
(2)
In the event that a state chartered special school offers virtual
instruction:
(A)
The amount of funds received pursuant to subparagraph (B) of paragraph (1) of
this subsection shall be equal to two-thirds of such calculated amount;
provided, however, that this two-thirds amount may be increased by any amount up
to the originally calculated amount in the discretion of the department if
relevant factors warrant such increase; and
(B)
The department may reduce the amount of funds received pursuant to subparagraph
(C) of paragraph (1) of this subsection in proportion to the amount of virtual
instruction provided and based on factors that affect the cost of providing
instruction.
(3)
For purposes of this subsection, the terms:
(A)
'Assessed valuation' is defined as 40 percent of the equalized adjusted property
tax digest reduced by the amount calculated pursuant to subsection (g) of Code
Section 20-2-164.
(B)
'Assessed valuation per weighted full-time equivalent count' is defined as the
assessed valuation for the most recent year available divided by the weighted
full-time equivalent count for the year of the digest.
(4)
The department may withhold up to 3 percent of the amount determined pursuant to
paragraphs (1) and (2) of this subsection for each state chartered special
school for use in administering the duties required pursuant to this article
with respect to state chartered special schools; provided, however, that any
amount withheld pursuant to this subsection shall be spent solely on expenses
incurred by the department in performing the duties required by this article
with respect to state chartered special schools.
(5)
No deduction shall be made to any state funding which a local school system is
otherwise authorized to receive pursuant to this chapter as a direct result or
consequence of the enrollment in a state chartered special school of a specific
student or students who reside in the geographical area of the local school
system.
(6)
Funding for state chartered special schools pursuant to this subsection shall be
subject to appropriations by the General Assembly and such schools shall be
treated consistently with all other public schools in this state, pursuant to
the respective statutory funding formulas and grants.
(7)
The local board shall not be responsible for the fiscal management, accounting,
or oversight of the state chartered special school. The state chartered special
school shall report enrolled students in a manner consistent with Code Section
20-2-160. Any data required to be reported by the state chartered special
school shall be submitted directly by the school to the appropriate state
agency. Where feasible, the state board shall treat a state chartered special
school no less favorably than other public schools within the state with respect
to the provision of funds for transportation and building
programs."
SECTION
3.
(a)(1)
Section 1 of this Act shall become effective on January 1, 2013, only if a
Constitutional amendment expressly authorizing the General Assembly to create
state charter schools as special schools is ratified at the November, 2012,
general election.
(2) If such an amendment to the Constitution is not so ratified, then Section 1 of this Act shall not become effective and shall stand repealed by operation of law on January 1, 2013.
(b) All other sections of this Act shall become effective on July 1, 2012.
(2) If such an amendment to the Constitution is not so ratified, then Section 1 of this Act shall not become effective and shall stand repealed by operation of law on January 1, 2013.
(b) All other sections of this Act shall become effective on July 1, 2012.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.