Education Elementary and Secondary Education: Amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, Relating to Charter Schools, So as to Enact the "charter Systems Act"; Provide for Legislative Findings; Provide for the Establishment of Charter Systems; Revise and Add Definitions; Provide for the Establishment of the Charter Advisory Committee; Provide for Requirements for Petitions for Charter Systems; Provide for Waivers and Operating Requirements, Control, and Management for Charter Systems; Provide for Termination of Charter Systems; Revise Certain Provisions Relative to Funding of Charter Schools; Change Certain Provisions Relative to the Office of Charter School Compliance; Revise Provisions for Purposes of Conformity; Provide for Related Matters; Provide for Effective Dates; Repeal Conflicting Laws; and for Other Purposes

• Jurisdiction: Georgia,United States
• Publication year: 2010
• Citation: Vol. 24 No. 1

Georgia State University Law Review

Volume 24 . .

Issue 1 Fall 2007

4-5-2012

EDUCATION Elementary and Secondary Education: Amend Article 31 ofChapter 2 of Title 20 of the Official Code of Georgia Annotated, Relating to Charter Schools, so as to Enact the "Charter Systems Act"; Provide for Legislative Findings; Provide for the Establishment ofCharter Systems; Revise and Add Definitions; Provide for the Establishment of the Charter Advisory Committee; Provide for Requirements for Petitions for Charter Systems; Provide for Waivers and Operating Requirements, Control, and Management for Charter Systems; Provide for Termination of Charter Systems; Revise Certain

Recommended Citation

Georgia State University Law Review (2007) "EDUCATION Elementary and Secondary Education: Amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, Relating to Charter Schools, so as to Enact the "Charter Systems Act"; Provide for Legislative Findings; Provide for the Establishment of Charter Systems; Revise and Add Definitions; Provide for the Establishment of the Charter Advisory Committee; Provide for Requirements for Petitions for Charter Systems; Provide for Waivers and Operating Requirements, Control, and Management for Charter Systems; Provide for Termination of Charter Systems; Revise Certain Provisions Relative to Funding of Charter Schools; Change Certain Provisions Relative to the Office of Charter School Compliance; Revise Provisions for Purposes of Conformity; Provide for Related Matters; Provide for Effective Dates; Repeal Conflicting Laws; and for Other Purposes," Georgia State University Law Review: Vol. 24: Iss. 1, Article 7. Available at: http://digitalarchive.gsu.edu/gsulr/vol24/iss1/7

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Provisions Relative to Funding of Charter Schools; Change Certain Provisions Relative to the Office of Charter School Compliance; Revise Provisions for Purposes of Conformity; Provide for Related Matters; Provide for Effective Dates; Repeal Conflicting Laws; and for Other Purposes

Georgia State University Law Review

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EDUCATION

Elementary and Secondary Education: Amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, Relating to Charter Schools, so as to Enact the "Charter Systems

Act"; Provide for Legislative Findings; Provide for the Establishment of Charter Systems; Revise and Add Definitions; Provide for the Establishment of the Charter Advisory Committee; Provide for Requirements for Petitions for Charter Systems; Revise Certain Provisions Relating to the Approval or Denial of a Charter Petition; Revise Certain Provisions Relating to the Review of Charters; Provide for Terms and Renewals of Charter Systems; Provide for Waivers and Operating Requirements, Control, and Management for Charter Systems; Provide for Termination of Charter Systems; Revise Certain Provisions Relative to Funding of Charter Schools; Change Certain Provisions Relative to the Office of Charter School Compliance; Revise Provisions for Purposes of Conformity; Provide for Related Matters; Provide for Effective Dates; Repeal Conflicting Laws; and for Other Purposes

Code Sections: O.C.G.A §§ 20-2-2062 to -2063

(amended), 20-2-2063.1 to -2063.2 (new), 20-2-2064 to -2066 (amended), 20-2-2067.1 to - 2068.1 (amended), 202-2069 (amended)

Bill Number: Act Number: Georgia Laws: Summary:

SB 39 116

2007 Ga. Laws 185

The Act allows for the creation of charter systems and amends the process of converting public schools into charter schools. The Act provides flexibility for local schools and systems to tailor programs for the unique needs of their communities through the local management of schools and innovative educational programs. The Act requires the State Board of Education to

122 GEORGIA STATE UNIVERSITY LAW REVIEW [Vol. 24:121

establish rules for charter petitioners and establishes a Charter Advisory Committee to review charter petitions for compliance with the standards set by the State Board.

The Act provides a grant for charter school systems and dictates the terms for renewing charter systems. The Act establishes how a charter school or system can amend the terms of its charter or terminate its charter. The Act establishes how local revenue earnings shall be calculated for start-up charter schools, and waives certain requirements required under Title 20 for charter schools and systems. The Act changes the responsibilities of the Office of Charter School Compliance. Effective Date: July 1,2007¹

History

Georgia consistently ranks amongst the lowest states in the nation for public education.² To increase local control of public education in Georgia, Lieutenant Governor Casey Cagle wants to expand the use of charter schools.³ Charter schools are unique public schools controlled by a performance contract between local leaders, such as parents and teachers, and governmental entities designated by statutes to approve charters, such as state or local school boards.⁴ Charters

1. SB 39, as passed, 2007 Ga. Gen. Assem. Section 12 of the Act, relating to the application of the Quality Basic Education Formula, will not go into effect until July 1, 2008, and shall apply beginning in the 2008-2009 school year. Id. § 15.

2. See Ga. Budget & Policy Inst., Georgia Rankings (2006), available at http://www.gbpi.org/pubs/facts/2006071S.pdf (listing Georgia's public high school graduation rate as 49th among the 50 states); Kevin Duffy, Legislature 2007: Cagle Proposes Charter School Systems, atlanta J.-const., Jan. 19, 2007, at D4, available at 2007 WLNR 1059517 (Georgia's SAT scores ranked among the lowest nationally last year).

3. Duffy, supra note 2.

4. U.S. Charter Sch., Overview, http://www.uscharterschools.Org/pub/uscs_docs/o/index.htm (last visited June 1,2007) [hereinafter Overview].

2007] LEGISLATIVE REVIEW 123

allow local teachers, parents, and educators to define the missions, goals, and methods for achieving success at their schools by waiving many statutory and procedural requirements for traditional public schools.⁵ In return for this autonomy, charter schools are accountable for meeting the specific performance-based objectives established in the charter.⁶

The idea of a "charter" school began in the 1970s when Ray Budde, an educator from New England, suggested that small groups of teachers receive contracts by their local school boards to explore new approaches in teaching.⁷ Albert Shanker, the former president of American Federation of Teachers, expanded the idea by suggesting that local boards create a charter with a school to meet certain performance-based requirements in exchange for not having to follow certain regulations.⁸ In 1991, Minnesota was the first state to pass a charter school law.⁹ By 2003, forty states, Puerto Rico, and the District of Columbia had charter school legislation.¹⁰ Nearly 4000 charter schools exist today.¹¹

Georgia first adopted the Charter Schools Act in 1993.¹² Georgia's original Charter Schools Act allowed for existing schools to convert to charter schools when two-thirds of faculty and parents approved the change.¹³ During the 2006-2007 school year, Georgia had fifty-eight charter schools.¹⁴ Last year, these schools outperformed traditional public schools in Georgia in a number of areas, including state test results, yearly progress reports, and high school graduation rates.¹⁵

5. See id.

6. See id.

7. U.S. Charter Sch., History, http://www.uscharterschools.Org/pub/uscs_docs/o/history.htm (last visited June 1,2007) [hereinafter History].

8. Id.

9. Id.

10. U.S. Charter Sch., State Information, http://www.uscharterschools.org/pub/uscs_docs/sp/index.htm (last visited June 1,2007).

11. Id.

12. Denise M. Kazlauskas, Review of Charter Schools Act of 1998, 15 Ga. St. U. L. Rev. 101, 103 (1998).

13. Id. at 105.

14. Id.

15. Kevin Duffy, Legislature 2007: Senate Allows Charter Districts, atlanta J.-const., Feb. 3, 2007, at Bl, available at 2007 WLNR 2096651.

124 GEORGIA STATE UNIVERSITY LAW REVIEW (Vol. 24:121

Though charter schools tailor the charter to meet the needs of the students and community, they are not radically different from traditional public schools.¹⁶ For example, charter schools cannot charge tuition, and must follow health and safety regulations.¹⁷ Supporters of charter schools argue that their benefits include increased opportunities for learning, creating choice for parents in the public school system, providing a system of accountability, encouraging innovative teaching practices, realizing an educational

i o

vision, and serving the needs of students in the community. However, the National Education Association points out that it is difficult to compare charter schools to traditional schools because charter documents differ, resulting in academic achievement that varies widely.¹⁹ In 2004, the National Assessment Governing Board released an analysis on charter school performance finding that charter school students on average scored lower than students in

20

traditional public schools.

Throughout the 1990s, the Charter Schools Act in Georgia went through various changes, most of which were technical. However, a few notable changes made it easier for schools to receive a charter. In 1995, an amendment changed the voting requirement so that only a majority of the faculty and parents at a school need to agree for the conversion to occur.²² In 1998, an amendment expanded the reach of charter schools by allowing "start-up" schools, charter schools formed without a pre-existing school.²³ Start-up charter schools come from private organizations and groups that petition the State...