Ga. Comp. R. & Regs. R. 160-4-9-.04 - Charter Schools and Charter Systems Definitions
(a)
Academically Poor Performing
Charter School- a charter school that has been in operation for at least
three (3) years and that (1) has been identified as being in the
lowest-performing five (5) percent of all schools in the State and has failed
to improve school performance over the past three (3) years (based on the state
accountability system); and (2) has failed to demonstrate student academic
growth of at least an average of one grade level for each cohort of students in
each of the past three (3) years, as demonstrated by statewide or other
approved assessments.
(b)
Charter- a performance-based contract between the charter
authorizer(s) and a Georgia nonprofit charter school governing board (nonprofit
governing board). By entering into a charter, a nonprofit governing board and
the charter authorizer(s) shall be deemed to have agreed to be bound by all the
provisions of the Charter Schools Act, O.C.G.A. §
20-2-2060et. seq., and all State
Board of Education rules and guidelines implementing the Charter Schools Act as
if such terms were set forth in the charter. A charter for a local charter
school, if approved, shall be a three-party agreement between a Georgia
nonprofit charter school governing board, a local board of education, and the
State Board of Education. A charter for a Charter System, if approved, shall be
a two-party agreement between a local board of education and the State Board of
Education.
(c)
Charter
Advisory Committee- a committee established by the State Board of
Education (the State Board) pursuant to O.C.G.A. §
20-2-2063.1 to make
recommendations to the State Board of Education regarding approval or denial of
charter petitions, charter policy, and the disbursement of planning grants. If
directed to do so by the State Board of Education, the Charter Advisory
Committee may mediate disputes between a local board that denied a charter
petition and the charter petitioner whose petition was denied. The committee
shall be composed of nine members as follows:
(1) Three members appointed by the
chairperson of the State Board;
(2)
Three members appointed by the Lieutenant Governor; and
(3) Three members appointed by the Speaker of
the House of Representatives. All members shall serve at the pleasure of their
respective appointing officials. The committee shall elect a chairperson from
among its membership.
(d)
Charter attendance zone- the
geographical area(s) indicated within a local charter from which students may
attend the local charter school. It may include all or any portion of the local
school system in which the charter school is located and may include all or any
other portion of other local school systems if the charter school is jointly
authorized pursuant to O.C.G.A. §
20-2-2063(c) or
approved by the board(s) of education of those other school systems.
(e)
Charter authorizer- an
entity authorized under the Charter Schools Act to review applications, decide
whether to approve or deny applications, enter into charter contracts, oversee
public charter schools and charter systems, and decide whether to renew,
nonrenew, or revoke existing charter contracts.
(f)
Charter high school cluster
- a high school cluster that petitions for, and is granted a charter, held by a
Georgia nonprofit charter cluster governing board.
(g)
Charter Management Organization
(CMO)- a non-profit organization that manages or operates two or more
charter schools.
(h)
Charter
petitioner- a local school, local board of education, private
individual, private organization, or state or local public entity that submits
or initiates a petition for a charter, except that a charter petitioner for a
local charter school shall be a party other than the local board of education.
The term "charter petitioner" does not include home study programs or schools,
sectarian schools, religious schools, private for profit schools, private
educational institutions not established, operated, or governed by the State of
Georgia, or existing private schools. In the case of a charter school, the
charter petitioner does not become a party to the charter contract unless the
petitioner is a Georgia nonprofit corporation.
(i)
Charter school - a public
school that is operating under the terms of a charter.
(j)
Charter system - a local
school system that is operating under the terms of a charter pursuant to
O.C.G.A. §
20-2-2063.2.
(k)
College and career academy (CCA)
- a specialized school governed by a governing board, established as a
charter school or pursuant to a contract for a strategic waivers school system
or charter system, which formalizes a partnership that demonstrates a
collaboration between business, industry and community stakeholders to advance
work force development between one or more local boards of education, a private
individual, a private organization, or a state or local public entity in
cooperation with one or more postsecondary institutions.
(l)
College and career academy
certification- a certification process, established by The Office of
College and Career Transitions (The Office) in collaboration with the
Department of Education, for approval by the Technical College System of
Georgia board and the State Board of Education. The Office shall be authorized
to certify college and career academies. The State Board of Education shall
accept certification by The Office as one component of determining compliance
with charter and strategic waivers school system or charter system contract
requirements. The State Board of Education may request supplemental information
from charter petitioners, strategic waivers school systems, or charter systems.
Any certification process shall require that the applicant demonstrates how the
proposed college and career academy will increase student achievement, provide
for dual credit and dual enrollment opportunities, increase work based learning
opportunities, and address work force development needs; articulates how the
collaboration between business, industry, and community stakeholders will
advance work force development; demonstrates local governance and autonomy; and
shows other benefits that meet the needs of the students and community.
Certification by The Office shall constitute a positive recommendation to the
State Board of Education for renewal of a charter school or charter system
pursuant to Code Section
20-2-2064.1 or an extension of a
strategic waivers school system contract.
(m)
College and career academy
governing board for a CCA established as a charter school- the nonprofit
governing board that will serve as a school-level decision-making body at the
college and career academy, participate in the local and state charter petition
review process, is a party to the charter contract, and is responsible for
ensuring the implementation of and compliance with the charter contract. The
charter contract shall include provisions requiring that the college and career
academy have a governing board reflective of the school community and the
partnership with decision-making authority and requiring that governing board
members complete initial and annual governance training provided by The Office
of College and Career Transitions, including, but not limited to, best
practices on school governance, the constitutional and applicable statutes and
rules and regulations.
(n)
College and career academy governing board for a CCA established by a
charter system contract- the governing board that will serve as the
local school governance team at the college and career academy and is
responsible for ensuring the implementation of and compliance with the CCA
portions of the charter system contract. The charter system contract
establishing the college and career academy shall include provisions requiring
that the college and career academy have a governing board reflective of the
school community and the partnership with decision-making authority and
requiring that governing board members complete initial and annual governance
training provided by The Office of College and Career Transitions, including,
but not 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, as well as any
additional local school governing team training needed.
(o)
Conversion charter school -
a charter school that existed as a local school prior to becoming a charter
school.
(p)
Education
Management Organization (EMO) - a for-profit organization that manages
or operates a charter school.
(q)
Education Service Organization (ESO) - a for-profit or non-profit
organization that advises charter schools on operational matters including, but
not limited to, finances, resource allocation, and human resources.
(r)
Education Service Provider (ESP)
- a for-profit or non-profit organization that contracts with new or
existing charter schools to provide services including, but not limited to,
curriculum design, professional development, student assessments, financial and
operational management, facilities management, and human resources management,
such as Education Management Organizations (EMOs), Charter Management
Organizations (CMOs), Education Service Organizations (ESOs), and
others.
(s)
Educationally
disadvantaged students -all or a subset of the following: students who
are economically disadvantaged, students with disabilities, migrant students,
limited English proficient students, neglected or delinquent students, and
homeless students, as each such subset is defined by the State Board of
Education in accordance with federal education guidelines and
regulations.
(t)
Faculty and
instructional staff members - individuals, including paraprofessionals,
assigned to the school on a full-time basis, and who have instructional
responsibilities. The term "paraprofessional" shall have the same meaning as
set out in O.C.G.A. §
20-2-204.
(u)
Financial Management
Certificate- a certificate awarded to employees of locally-approved
charter schools upon successful completion of a State Board of Education
approved charter schools financial management certification program that
provides training for charter school leaders and personnel who are responsible
for a school's budget, accounting, payroll processing, purchasing, and ensuring
a school's financial policies are in line with state and federal laws and best
practices in accordance with O.C.G.A. §
20-2-2073.
(v)
Fiscal agent - the public
entity responsible for receiving and dispersing funds to a local charter school
and for the financial oversight of charter schools that it
authorizes.
(w)
Founding
board- the initial governing board that establishes the nonprofit to
develop and submit the local charter school petition.
(x)
Full-Time Equivalent Program Count
(FTE) - a student count consisting of six state-funded segments per
student authorized under O.C.G.A. §
20-2-161.
(y)
Governing
board- The nonprofit governing board that will serve as a school-level
decision-making body at a local charter school (not including system charter
schools or college and career academies established by a charter system
contract), participates in the local and state charter petition review process,
is a party to the charter contract, and is responsible for ensuring the
implementation of and compliance with the charter contract.
(z)
Governing council - a local
school governing team within a charter system.
(aa)
Georgia nonprofit - a
nonprofit corporation organized under the laws of the State of
Georgia.
(bb)
High-Quality
Charter School - a charter school that (1) shows evidence of strong
academic results, which may include strong student academic growth, as
determined by the state; (2) has no significant issues in the areas of student
safety, financial and operational management, or statutory or regulatory
compliance; (3) has demonstrated success in significantly increasing student
academic achievement, including graduation rates where applicable, for all
students served by the charter school; and (4) has demonstrated success in
increasing student academic achievement, including graduation rates where
applicable, for each of the subgroups of students, as defined in section
1111(c)(2) of ESSA (economically disadvantaged students, students from major
racial and ethnic groups, children with disabilities, and English learners),
except that such demonstration is not required in a case in which the number of
students in a group is insufficient to yield statistically reliable information
or the results would reveal personally identifiable information about an
individual student.
(cc)
High
school cluster- a public high school and all of the public middle and
public elementary schools which contain students who matriculate to such high
school. The schools in a high school cluster may include charter schools, local
schools, or a combination of both.
(dd)
Jointly authorized charter
school- a local charter school authorized by more than one local board
and operating under the financial oversight of a designated fiscal
agent.
(ee)
Local board of
education (local board) - a county or independent board of education
exercising control and management of a local school system pursuant to Article
VIII, Section V, Paragraph II of the Georgia Constitution.
(ff)
Local charter school - a
start-up charter school or a conversion charter school that is operating under
the terms of a charter between a Georgia nonprofit charter school governing
board, the local board(s), and the State Board of Education.
(gg)
Local revenue - local taxes
budgeted for school purposes in excess of the local five mill share, combined
with any applicable equalization grant and budgeted revenues from any of the
following: investment earnings, unrestricted donations, and the sale of surplus
property; but exclusive of revenue from bonds issued for capital projects,
revenue to pay debt service on such bonds, and local option sales tax for
capital projects. Nothing in this paragraph shall be construed to prevent a
local board from including a local charter school in projects specified in the
ballot language of a local option sales tax or bond referendum.
(hh)
Local school - a public
school in Georgia that is subject to the oversight of a local board of
education.
(ii)
Local school
governance (charter systems) - a Local School Governing Team at system
charter school shall have authority, as provided for in the contract, to make
personnel decisions, including recommending the principal or school leader for
selection by the local board of education; financial decisions and resource
allocation decisions, including having input into the final recommendations for
a system charter school's budget and input as to the number and type of
personnel, curriculum costs, supply costs, equipment costs and maintenance and
operations costs; input into the selection of a curriculum and accompanying
instructional materials; establishment and monitoring of the achievement of
school improvement goals, including approval of the school improvement plan and
oversight of its implementation; and school operations, including input into
any school operations that are consistent with school improvement and charter
goals. The local board of education ultimately retains constitutional
authority.
(jj)
Local school
governing team - a school-level council of parents, teachers, and
community members at a system charter school who have responsibility for local
school governance at a system charter school.
(kk)
Local school system - the
system of public schools established and maintained by a local board within its
limits pursuant to Article VIII, Section V, Paragraph I of the Georgia
Constitution.
(ll)
Locally-approved charter school governing board- the nonprofit governing
board that will serve as a school-level decision-making body at a local charter
school (not including system charter schools and college and career academies
established by a charter system contract), participates in the local and state
petition review process, is a party to the charter contract, and is responsible
for ensuring the implementation of and compliance with the charter
contract.
(mm)
Merged charter
school- a charter school created by combining two (2) or more start-up
charter schools and operating under the terms of a single charter between the
nonprofit governing board, the local board(s), and the State Board of
Education.
(nn)
Performance
Framework - a comprehensive accountability tool utilized to evaluate a
charter school's overall academic, financial, and operational
performance.
(oo)
Petition
- a proposal or application to establish a charter school or a charter
system.
(pp)
Public Interest
- more likely than not to promote the welfare or well-being of students,
staff, the community or the general public, including but not limited to,
increased student achievement, financial stability, and positive school
climate.
(qq)
QBE formula
earnings - funds earned from the Quality Basic Education Formula
pursuant to O.C.G.A. §
20-2-161, including the portion of
such funds that are calculated as the local five mill share in accordance with
O.C.G.A. §
20-2-164.
(rr)
Qualified charter school
contributions - the donation of funds by a taxpayer to a qualified
charter school organization for the purchase of real property and for capital
outlay for a charter school.
(ss)
Qualified charter school organization - for the purposes of the
capital outlay program, a charitable organization in this state that is exempt
from federal income taxation under Section 501(c)(3) of the Internal Revenue
Code which is approved by the SBOE to provide funds for the purchase of real
property for capital outlay for charter schools in this state.
(tt)
Sibling - a child who
shares at least one common biological or legal parent whether through natural
or adoptive means, including biological siblings that share parents; half
siblings that share a single parent; step siblings that share a parent or
parents through marriage even if the marriage was terminated by death or
dissolution; children who share a parent or parents through adoption or
guardianship; and foster children awaiting permanent placement.
(uu)
Special school - a school
whose creation is authorized pursuant to Article VIII, Section V, Paragraph VII
of the Georgia Constitution.
(vv)
State Board of Education approved training provider- an individual
or organization that is authorized by the State Board of Education to conduct
charter school governing board training utilizing curricula aligned with the
State Board of Education's governance standards for locally-approved charter
school governing boards and which meet a governing board's identified areas for
improvement.
(ww)
State
Charter Schools Commission - a state-level authorizing independent
charter school authorizing entity, established pursuant to Article 31A of the
Georgia School Code.
(xx)
Start-up charter school - a charter school that did not exist as a local
school prior to becoming a charter school.
(yy)
State Board of Education -
the constitutional authority that defines education policy for the public K-12
local education agencies in Georgia.
(zz)
State chartered special school
- a charter school created as a special school that is operating under
the terms of a charter between the charter petitioner and the State Board of
Education. State chartered special schools shall act as their own public Local
Education Agency for accountability purposes.
(aaa)
Substantial autonomy- The
nonprofit governing board of a charter school shall have authority to make, but
is not limited to, personnel decisions, including selection of the principal or
school leader; financial decisions and resource allocation decisions, including
establishing the number and type of personnel, curriculum costs, supply costs,
equipment costs and maintenance and operations costs; selection of a curriculum
and accompanying instructional materials; establishment and monitoring of the
achievement of school improvement goals, including approval of the school
improvement plan and oversight of its implementation; and operations that are
consistent with school improvement goals. The local board shall only override
decisions of a conversion charter school's governing board in those areas where
the local board has constitutional authority and has a reasonable belief that a
decision will be substantially detrimental to students and is not in the public
interest.
(bbb)
Substantial
expansion- Projected enrollment growth exceeds 33% of the previous
year's October FTE-1 enrollment or the addition of more than one grade level
compared to the previous year's October FTE-1 report.
(ccc)
Substantially detrimental
- More likely than not to cause financial injury, bodily harm, result in
violation of the charter contract, or otherwise jeopardize the physical and/or
mental health, safety, and welfare of students and/or faculty.
(ddd)
System charter school - a
school within a charter system that is not a local charter school.
(eee)
The Office of College and Career
Transitions- a division of the Technical College System of Georgia
established by O.C.G.A. §
20-4-37, that coordinates the
efforts by the State Board of Education, the University System of Georgia, the
Technical College System of Georgia and other not for profit postsecondary
institutions accredited by the Southern Association of Colleges and Schools in
the professional development, curriculum support, governing board training and
development and establishment of college and career academies.
(fff)
Unused Facility - real
property of a local board of education, including educational facilities as
defined in O.C.G.A. §
20-2-260, that has not been used
by the local board of education for the previous two years and is not included
in the local school system's five-year educational facilities plan.
(ggg)
Virtual charter school- a
charter school that does not serve students at a physical facility but delivers
instruction primarily through computer technology and the internet. This can
include a blended model that serves students in a brick and mortar
facility.
Notes
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