(1)
CHARTER PETITION PROCESS.
(a)
LETTERS OF INTENT. All
applicants, including renewal applicants, who intend to submit a charter
petition for local board of education (local board) consideration, shall use
the Department's template to submit a letter of intent to both the Department
and to the appropriate local board(s) at least six (6) months prior to the date
on which the petition will be submitted to the Department. Petitioners should
consult the Charter Schools Division website and consult with the applicable
local school district(s) for timelines and requirements. Failure to submit a
letter of intent shall not preclude an applicant from submitting a petition
provided the applicant requests and receives a waiver for the letter of intent
from both the Department and local district(s).
(b)
CHARTER PETITION SUBMISSIONS TO
LOCAL BOARDS.
1. Local boards shall
adopt policies and publish deadlines regarding submission of charter petitions
that are consistent with the timeline and requirements for charter petitions as
outlined in this Rule. The Department may request that a local board revise any
policy that precludes the uniform application of this Rule. Such policies shall
provide for an in-person panel interview by, or a meeting with, the district to
provide the district an opportunity to hear from the petitioner directly about
district concerns or clarifications the district needs.
2. Pursuant to O.C.G.A. §
20-2-2064(a) and
(b), a local board must, by a majority vote,
approve or deny a petition no later than ninety (90) days after its submission,
unless the petitioner offers an extension and the local board accepts the
offer.
3. If the local board denies
a petition directly by a vote of the local board to deny or indirectly by
failing to vote within the requisite ninety (90) day review period, it must,
within sixty (60) days of the denial, provide a written statement of denial to
the petitioner and to the State Board of Education. A written statement of
denial shall specifically state the reasons for denial and include a list of
the deficiencies in the petition relevant to O.C.G.A. §
20-2-2063. If the local board
cites that approval is not in the public interest, the written statement of
denial shall include a detailed description of why approval is not in the
public interest.
4. Unless granted
written approval by the Department of an alternate approach to accomplishing
these robust petition review goals, within the ninety (90) days a local
district has to review a charter petition, the district shall provide a written
statement to the petitioner indicating which of the following four groups the
petitioner is in and, if appropriate, what they must do if they wish to revise
and resubmit their petition:
(i) Rejection
Group: These applications are flawed in some way that is irreparable and will
be rejected for the current school year's Petition Review Cycle.
(I) The local district shall issue a
rejection letter that informs such applicants that their application cannot be
considered during the current school year's Petition Review Cycle.
(II) The rejection letter shall include a
statement of the legal insufficiency that makes the petition
irreparable.
(III) Applicants in
this category are free to submit a brand new application in the following
school year's Petition Review Cycle.
(ii) Revision Group: During the district's
initial internal review and panel interview with the applicant, these
applicants demonstrate minimum quality and compliance or less, and would
require substantial and material revisions before their petition could be
recommended by the district for approval by the local board of education.
(I) The local district shall issue a letter
informing these applicants that they cannot receive an approval recommendation
unless the required material revisions are made within thirty (30) days. This
letter shall include mention of the district's agreement to the petitioner's
granting the district ninety (90) additional days to accept or reject its
petition.
(II) If an applicant
chooses to make the substantial and material changes required, they shall
resubmit their petition within the thirty (30) day window. Their resubmittal
letter shall include mention of their granting to the district ninety (90)
additional days beyond the initial 90-day review period to accept or reject
their petition.
(III) Applicants
will have only one opportunity to revise their application to make the
substantial and material changes required.
(IV) Applicants that fail to make required
revisions will have to wait until the following school year's Petition Review
Cycle to submit a new application.
(iii) Clarification Group: During the
district's initial internal review and panel interview with the applicant,
these applicants demonstrate moderate quality and compliance or better, but
require clarification and supplemental information to be submitted before their
petition could be recommended by the district for approval by the local board
of education.
(I) The local district shall
issue a letter informing these applicants what clarification(s) and/or
supplemental information is required. This letter shall include mention of the
district's agreement to the petitioner's granting the district ninety (90)
additional days to accept or reject its petition.
(II) If an applicant chooses to provide the
required clarification(s) and/or supplemental information, they shall resubmit
their petition within a thirty (30) day window. Their response letter shall
include mention of their granting to the district ninety (90) additional days
beyond the initial ninety (90) day review period to accept or reject their
petition.
(III) Applicants will
have only one opportunity to provide the required clarification(s) and/or
supplemental information.
(IV)
Applicants that fail to provide the required clarification(s) and/or
supplemental information will have to wait until the following school year's
petition review cycle to submit a new application.
(iv) Approval Group: During the district's
initial internal review and panel interview with the applicant, these
applicants demonstrate near-perfect quality and compliance. For these
applicants, the district will make a recommendation to the local board of
education for approval of the petition without any further action on the part
of the applicant.
5. If
a local board denies a petition, the local board or the petitioner may request
mediation by submitting a written request to the State Board of Education
within thirty (30) days of the final denial. If the other party agrees to the
mediation, the State Board of Education, or Charter Advisory Committee if
directed by the State Board of Education to do so, may assign a mediator to be
paid by the Department but reimbursed equally by the local board and the
petitioner to assist in resolving issues which led to the denial of the
petition by the local board.
6. If
a local board approves a petition, within thirty (30) days of the approval:
(i) The local board shall deliver a copy of
the petition they approved to the Department.
(ii) The petitioner shall deliver the
approved petition to the Department for review by the State Board of Education.
The petition shall be in accordance with all Department requirements, including
those related to formatting, as described in this Rule, on the Charter Schools
Division website and within the relevant charter school application.
(c)
CHARTER
PETITION SUBMISSIONS TO THE DEPARTMENT OF EDUCATION.
1. Charter petitioners shall ensure that
petitions adhere to all application requirements and related timelines as
established by the Department pursuant to O.C.G.A. §
20-2-2063 and as outlined in this
Rule. Petitioners that have applied to a local school district must also
provide a copy of their petition to the Department within thirty (30) days of
submitting their petition to the school district. Petitioners should consult
the Charter Schools Division website for applicable timelines and requirements.
Failure to comply with timelines or requirements may delay or prohibit
consideration of the petition until the following school year's petition review
cycle.
(d)
CHARTER PETITION REVIEW PROCEDURES BY THE DEPARTMENT OF EDUCATION.
1. The Department shall process all charter
petitions submitted to the Department on behalf of the State Board of Education
as outlined in this Rule.
2. The
Department shall coordinate with the Charter Advisory Committee, as applicable,
to facilitate their review of petitions and their subsequent recommendations to
the State Board of Education.
3.
The Department reserves the right to reject incomplete and/or legally
insufficient charter petition submissions.
4. The Department staff shall first review
petitions to determine if they are complete and meet the legal requirements for
submission, not so as to require approval but so as to allow further
review.
5. If a charter petition is
deemed to be deficient, the petition shall be rejected and the petitioner
notified of the reasons for that rejection.
6. Those petitioners who have submitted a
petition that is deemed to be complete and to meet the legal requirements for
submission, shall attend an interview with Department staff as part of the
petition review process. A majority of the members of the charter school
governing board are required to be in attendance at the interview. The goal of
the interview is to gauge the petitioner's overall capacity to sustain
operations of a high-quality charter school with regard to academics,
operations, governance, finance, and compliance with all non-waivable law,
rules, and guidelines.
7. The
Department shall make recommendations to the State Board of Education for
approval or denial of a charter contract and shall specify to the State Board
of Education the reasons for its recommendation.
(i) The maximum term for both initial and
renewed charter contracts approved by the State Board of Education shall be
five years.
8. Existing
charter schools may not apply for renewal to a new authorizer. Existing charter
schools seeking to switch authorizers must apply to the new authorizer as a new
petitioner. Existing charter schools may petition the State Charter Schools
Commission (SCSC) for approval as provided by O.C.G.A §
20-2-2063.3(b)(2)
or by O.C.G.A. §
20-2-2085 and in accordance with
the policies and processes of the SCSC. Existing charter schools that meet the
definition of a "high quality charter school" for the past three years (or over
the life of the school, if the school has been open for fewer than three years)
as established by the Department may be eligible for an expedited review in
accordance with policies developed by the Department.
9. The local school governing team of a
system charter school may petition to become a conversion charter school, not
subject to the terms of the system charter. In the event that a system charter
school becomes a conversion charter, the system shall reflect that change in
their annual report.
(e)
REVIEW PROCEDURES FOR DEPARTMENT REVIEW OF NEW AND RENEWAL CHARTERS
GRANTED BY THE STATE CHARTER SCHOOLS COMMISSION.
1. The Department shall review all approved
charter contracts granted by the State Charter Schools Commission (SCSC),
including both initial and renewed charters, along with the related petitions
and other materials presented by SCSC staff to the SCSC members.
2. The Department shall make recommendations
to the State Board of Education regarding the State Board of Education's
affirmation or overrule of all new or renewal charters, and where the
recommendation is to overrule the SCSC's decision, shall specify the reasons
for its recommendation to overrule the SCSC.
(2)
CHARTER PETITION APPLICATION
REQUIREMENTS FOR ALL CHARTER APPLICANTS. All charter school petition
applications, including applications for renewal, shall meet the following
minimum requirements pursuant to O.C.G.A. §
20-2-2063. Additionally, Charter
school petition applications shall meet all formatting requirements included in
the application.
(a)
STATEMENT OF
INTENT. A description of how the proposed charter school promotes the
legislative intent of the charter schools program to "increase student
achievement through academic and organizational innovation," in accordance with
O.C.G.A. §
20-2-2061.
(b)
STATEMENT OF GOALS AND
OBJECTIVES.A list and detailed description of the petitioner's specific
performance-based goals and measurable objectives. At a minimum, the list shall
include goals and objectives that are aligned with state and federal assessment
standards, measurable on at least an annual basis, attainable, and reflective
of the mission set forth in the petition. The petition shall demonstrate that
the performance-based goals and measurable objectives will result in continuous
improvement in student achievement and will comply with the Single Statewide
Accountability System.
Failure to meet or exceed the specific performance and
measurable objectives as defined in the charter contract may result in charter
termination.
(c)
DESCRIPTION OF INTENDED USE OF WAIVERS. A description of how the
school shall utilize its broad flexibility from laws, rules, and regulations as
permitted by O.C.G.A. §
20-2-2065(a).
Schools cannot waive any federal, state, and local rules, regulations, court
orders, and statutes relating to civil rights; insurance; protecting physical
and/or mental health and safety of school students, employees, and visitors;
conflicts of interest; unlawful conduct; any reporting requirements of
O.C.G.A.§§
20-2-133,
20-2-210,
20-2-211.1,
20-2-320,
20-2-327(c); or
virtual instruction requirements of O.C.G.A. §
20-2-167.1.
The petition shall include illustrative examples of how the
charter school will implement the flexibility granted by the broad flexibility
waiver to meet or exceed the performance-based goals and to increase student
achievement. Petitions shall explicitly describe what the increased flexibility
will allow the petitioner to accomplish during the course of the charter
term.
(d)
PARENTAL
AND COMMUNITY INVOLVEMENT.A description of how parents, members of the
community, and other interested parties contributed to the development of the
petition and how petitioner intends to secure their ongoing involvement in the
school and in what capacity. A charter school shall not require parents or
guardians to volunteer their time and/or contribute money or in-kind to the
school as a condition of enrollment in the school. Any parent or guardian
volunteer commitments must be optional to ensure open enrollment.
(e)
DESCRIPTION OF THE EDUCATIONAL
PROGRAM. A description of the following components of the school's
educational program, including an explanation of how these components shall
contribute to the achievement of the performance-based goals and measurable
objectives:
1. The school's mission;
2. The ages and grades to be
included;
3. The focus of the
curriculum;
4. Instructional
methods to be used, including any distinctive or unique instructional
techniques or educational programs to be employed;
5. For students with disabilities, a
description of how the school shall provide state and federally-mandated
services; ensure individuals employed as special education teachers have a
bachelor's degree and are either certified in special education or hold a
special education license; and comply with all special education laws,
including Section 504 of the Rehabilitation Act of 1973, Title II of the
Americans With Disabilities Act, and the IDEA;
6. For English Language Learners, a
description of how the school shall provide state and federally-mandated
services;
7. A description of how
the school intends to meet the needs of students identified as gifted and
talented;
8. A description of how
the school shall provide supplemental educational services as required by
federal law and pursuant to State Board of Education Rule
160-4-5-.03. Supplemental
Educational Services in Title I Schools, and a description of how the school
shall provide remediation in required cases pursuant to State Board of
Education Rule
160-4-5-.01. Remedial Education;
and
9. The school's proposed annual
calendar and a draft daily school schedule for a typical week.
(f)
DESCRIPTION OF
ASSESSMENT METHODS. A description of the school's student assessment
plan, including the following components:
1. A
statement detailing how the school shall comply with the accountability
provisions of O.C.G.A. §
20-14-30 through §
20-14-41 and federal
accountability requirements, including the manner in which the school shall
work with the authorizer(s) to participate in statewide assessments.
2. A plan to obtain student performance data
for each student, which shall include how the current baseline standard of
achievement shall be determined in order to meet the petition's
performance-based goals and measurable objectives. The data may include
standardized assessment results from previous school years. For the charter
school's first year, baseline student achievement data shall be collected
within three months from the first day of school.
3. A plan to address how assessments shall
measure improvement and over what period of time.
4. The school's plan for using assessment
data to monitor and improve achievement for all students.
5. For charter high schools, a description of
the method for determining that a student has satisfied the requirements for
high school graduation as defined in SBOE Rule
160-4-2-.48 High School Graduation
Requirements for Students Enrolling in the Ninth Grade for the First Time in
the 2008-09 School Year and Subsequent Years.
(g)
DESCRIPTION OF SCHOOL
OPERATIONS. A description of the school's operations and management
plan, including the following components:
1.
The proposed duration of the charter if for a period of time less than the
maximum five years.
2. The proposed
attendance zone for the school, pursuant to O.C.G.A. §
20-2-2062(1.1).
3. A description of all rules and procedures
that shall govern the admission of students to the charter school, including:
(i) A statement detailing whether the charter
school shall utilize any enrollment priorities pursuant to O.C.G.A. §
20-2-2066(a) and
(b), and if so, their rank order.
(ii) A statement detailing whether the
charter school shall utilize a weighted lottery pursuant to O.C.G.A. §
20-2-2066(a) and
(b) to provide an increased chance of
admission for educationally disadvantaged students.
(iii) A copy of the proposed admissions
application or a description of the application that demonstrates that the
application conforms to the requirements of rule and law, including the
requirement that charter schools have open enrollment.
(iv) A copy of the policy setting annual
enrollment, re-enrollment and lottery deadlines including a description of the
lottery procedures detailing how enrollment preferences will be applied and an
assurance of complete transparency in its procedures. Complete transparency
shall include, at a minimum, publishing the lottery date, time, place and
lottery procedures at least two weeks in advance on the school's website. The
policy shall ensure that only students who reside in the proposed attendance
zone are eligible to participate in the lottery. The policy shall also ensure
open enrollment for each grade served for which space is available and shall
maintain enrollment at the levels described in the charter and approved by the
State Board of Education. A charter school, except for dual language immersion
charter schools, may not adopt any policy which expressly restricts enrollment
to specific grade levels within the grade span served by the school. A charter
school must offer at least one annual enrollment opportunity for each grade
served for which space is available.
4. A description of the steps the charter
school will take to ensure equitable access to the school for students,
faculty, and staff who are representative of the community diversity in the
school's proposed attendance zone, including students who are educationally
disadvantaged as defined in State Board of Education Rule
160-4-9-.04.
5. Rules and procedures concerning student
discipline and dismissal, including code of conduct and student due process
procedures.
6. Rules and procedures
concerning how the school will handle grievances and complaints from students,
parents, and teachers.
7. The
manner in which the school shall be insured, the terms and conditions thereof,
and the amounts of coverage.
8. A
description of the employment procedures and policies of the school. The
description of employment procedures and policies shall include, at a minimum,
the following:
(i) The charter school's
procedures to ensure compliance with the requirement that the school shall not
allow any faculty, staff, or governing board member contact with students
without having annual documentation of a successful background check as well as
the charter school's policies and procedures that establish the requirement
that faculty, staff, and governing board members must immediately disclose to
the school the occurrence of any arrests or other such occurrences which would
have resulted in an unsuccessful background check if they had occurred prior to
the background check. Each school employee must have a clearance certificate
from the Georgia Professional Standards Commission (GaPSC).
9. A description of the facilities
to be used, their location(s), and any pending modifications necessary for
utilization for educational purposes. The description must include the
following components:
(i) Description,
including documentation, of steps petitioner has taken relevant to the
Department's facilities review process.
(ii) A Certificate of Occupancy must be
obtained prior to student occupancy of the proposed facility. The latest
possible date by which the Certificate of Occupancy shall be obtained must be
included in the charter petition.
(iii) The school's emergency safety plan,
which may be a statement that the petitioner will prepare a safety plan in
accordance with O.C.G.A. §
20-2-1185 and submit and obtain
approval from the Georgia Emergency Management Agency by a specified
date.
(iv) A statement that any
future facility used to house students will be subject to approval by the local
board and the Department prior to occupancy.
(v) Documentation of ownership or a copy of
the lease of the facility. If the facility has not been obtained or the
documentation is not available at the time the petition is submitted, the
petitioner shall provide a timeline for obtaining such facilities or providing
such documentation and shall provide such documentation to the Department as
soon as it is available. This does not apply to conversion charter
schools.
10. A statement
describing whether the building is new or existing. In the case of a locally
approved charter school, building plans must be approved by the facilities
department of the local board. For all other charter schools, building plans
only need to be approved by the Department.
11. The manner in which the school's
enrollment count will be determined for purposes of calculating charter school
funding, pursuant to O.C.G.A. §
20-2-2068.1(c)
or §
20-2-2090(d), as
appropriate.
(h)
DEMONSTRATION OF FISCAL FEASIBILITY AND CONTROLS.A description of
the school's financial structure, including the following components:
1. Designation of a chief financial officer
who shall not serve simultaneously as the school leader for the charter school
and possesses the following credentials:
(i) A
baccalaureate or higher degree in business, accounting, or finance from an
accredited college or university and a minimum of four years experience in a
field related to business or finance; or
(ii) Documented experience of ten or more
years in the field of business and financial management.
2. Charter schools as defined by O.C.G.A. §
20-2-2062are public schools,
therefore the school shall comply with Governmental Accounting Standards Board
(GASB) Statements and Interpretations, which constitute Generally Accepted
Accounting Principles (GAAP) for financial reporting.
3. A statement that the school shall be
subject to an annual financial audit conducted by an independent Georgia
licensed Certified Public Accountant, in accordance with O.C.G.A. §
20-2-2065(b)(7). The financial
reporting format shall comply with generally accepted government auditing
standards (GAGAS).
4. A statement
indicating whether the school shall utilize the local school board for fiscal
management or other services; and, if so, specifics regarding what level of
autonomy the school shall have over budgets and expenditures and/or any other
area for which the school has contracted with the local board to provide
services.
5. A statement that the
school shall comply with federal monitoring and federal audits required for
schools that receive federal funds.
6. A statement that at least ninety (90)
percent of QBE funds earned by students in a virtual charter school whose total
student enrollment is composed of more than five (5) percent of students who
reside in another local school system shall be expended on virtual instruction
costs in accordance with O.C.G.A. §
20-2-167.1.
7. A statement from the applicable local
school system that the amount identified in the locally approved petition
budget for base per-pupil funding is based upon the school system's good-faith
estimate of the base per-pupil amount at which it will fund the charter school
as long as the school system receives the state and local revenues upon which
the approved school budget is based.
8. A statement that the school shall submit
any required financial information to the local school system, in accordance
with the policies and deadlines established by the system, for inclusion in the
local school system's annual Financial Review Report (DE046) to the
Department.
(i)
DESCRIPTION OF GOVERNANCE STRUCTURE.A description of the school's
governance structure, including the following components:
1. A description of how the charter school
shall be governed.
2. A statement
that the governing board shall be subject to the provisions of O.C.G.A. §
50-14-1 et seq. (Open Meetings Act) and O.C.G.A. §
50-18-70et seq.
(Open Records Act).
3. A statement
that the governing board shall be subject to the oversight of the local
board.
4. A statement regarding the
governing board's function, duties, composition, how and when members shall be
selected, how members will be representative of the community diversity in the
charter school's proposed attendance zone, how long members shall serve, how
members may be removed from office, how members shall avoid conflicts of
interests, and an assurance that the Governing Board will comply with all laws
and State Board of Education rules and guidelines related to Charter School
Governing Board training. Members of the local board and the superintendent of
the local school system are prohibited from serving on the charter school's
governing board, unless otherwise stipulated by the Department. Charter school
employees are prohibited from serving on the school's governing board, unless
otherwise stipulated by the Department. The charter school principal may serve
only as an ex officio member of the charter school governing board.
5. A description of how parents, members of
the community, and other interested parties will be involved in the governing
board of the school.
6. A list of
proposed business arrangements or partnerships with existing schools,
educational programs, businesses, or nonprofit organizations and a disclosure
of any potential conflicts of interest. This includes a copy of any intended
contracts for the provision of educational management services or the provision
of supplemental educational services and remediation, and any agreements with
other local schools for the charter school students' participation in
extracurricular activities such as interscholastic sports and clubs.
7. Provide a Roles and Responsibilities chart
between the College and Career Academy governing board, the School System, and
the CCA's higher education and business partners that includes the following:
(i) Information on the CCA's decision making
authority regarding personnel decisions, financial decisions, curriculum and
instruction resource allocation, establishing and monitoring the achievement of
school improvement goals, and school operations,
(ii) Information on how the CCA will be
funded by the District and other strategic partners; and
(iii) Information on the services and
supports to be provided to the CCA by the local district.
8. A description of the method that the local
board and the charter school plan to utilize for resolving conflicts with each
other.
9. Evidence that the locally
approved charter school has been incorporated as a Georgia nonprofit
corporation pursuant to the Georgia Nonprofit Corporation Code, O.C.G.A. §
14-3-101et seq.,
as required by O.C.G.A. §
20-2-2065(b)(4).
This evidence shall include an official copy of the certificate of
incorporation from the Georgia Secretary of State and a copy of the by-laws for
the Georgia nonprofit corporation. By-laws must specify the duties of governing
boards' members with particularity. This requirement shall apply to both
start-up and conversion charter schools.
(j)
STATEMENT ON ANNUAL REPORT.
A statement that the charter school shall provide an annual report to the
Department, the local board of education, and parents and guardians of students
enrolled in the school by November 1 of each year, in accordance O.C.G.A. §
20-2-2067.1(c)
and that such report shall conform to the template provided by the
Department.
(3)
ADDITIONAL PETITION REQUIREMENTS FOR CONVERSION APPLICANTS ONLY.In
addition to the requirements of Part 2 of this Rule, all conversion charter
school petitions shall include the following components:
(a) A statement that the petitioner has held
the appropriate votes by secret ballot as required pursuant to O.C.G.A. §
20-2-2064(a)(1) and
(2), and a description of the procedures and
outcome of those votes.
1. For purposes of the
vote required pursuant to O.C.G.A. §
20-2-2064(a)(1)(A),
each faculty or instructional staff member shall have a single vote.
2. For purposes of the vote required pursuant
to O.C.G.A. §
20-2-2064(a)(1)(B),
a student's parent(s) or guardian(s) shall collectively have one vote for each
student enrolled in the school although parents of students at the school who
are eligible to vote as faculty or instructional staff shall also have a single
vote in the vote required pursuant to O.C.G.A. §
20-2-2064(a)(1)(B).
(b) A statement detailing the
innovations that shall materially distinguish the conversion charter from the
school's pre-conversion model and that require the flexibility offered through
the charter model. If an innovation is already implemented at other district
schools, it can still be considered innovative for the charter school
applicant.
(c) A statement
detailing the conversion charter's plan to operate with substantial autonomy.
This statement shall include a description of how financial resources will be
managed, how human resources will be managed, how personnel will be evaluated;
and a description of school governance and the extent to which parents,
community members, and other stakeholders will participate in the governance of
the school. The petition shall describe all policies, procedures, and practices
that will materially distinguish the conversion school from the school's
pre-conversion model.
(d) A
statement from the applicable local school system detailing the district's plan
to ensure the conversion charter school will operate with substantial autonomy,
and how the district will ensure its effective support of the charter school,
including what, if any, changes it will make to its central office to ensure
that the charter school is properly supported and operates with substantial
autonomy.