Ga. Comp. R. & Regs. R. 160-4-9-.06 - Charter Authorizers, Financing, Management, and Governance Training
(1)
RESPONSIBILITIES OF CHARTER AUTHORIZERS.
(a) RESPONSIBILITIES OF LOCAL BOARDS OF
EDUCATION. Local boards of education ("local boards") shall provide control and
management of local charter schools and charter systems, pursuant to O.C.G.A. §
20-2-2065(b)(2)
and State Board of Education Rule
160-4-9-.06.
1. This control and management shall include
the following responsibilities for local charter schools:
(i) Pre-Charter award or charter renewal:
(I) Review and act on local charter school
petitions;
(ii)
Post-Charter award or charter renewal:
(I)
Monitor a new local charter school's pre-operational period for timely
implementation of ready-to-open benchmarks related to facilities, school
personnel, enrollment procedures, curriculum and instruction, operations and
fiscal management, and governance. In the event the charter school governing
board does not meet the ready-to-open benchmarks, the local board may postpone
the school's opening by up to one year. An assurance to the Department by the
local district of a new school having achieved ready-to-open status is required
before the new school may open.
(II) Enforce clear expectations for, and
ensure achievement of, performance goals set forth in the charters;
(III) Ensure that local charter schools are
fiscally sound and operating in accordance with Generally Accepted Government
Auditing Standards, including annually reviewing budgets and reviewing working
papers as needed;
(IV) Ensure that
charter schools comply with Governmental Accounting Standards Board (GASB)
Statements and Interpretations, which constitute Generally Accepted Accounting
Principles (GAAP) for financial reporting.
(V) Ensure that local charter schools submit
required financial information in accordance with the policies and deadlines
established by the local school system for inclusion in the system's annual
Financial Review Report (DE046) to the Georgia Department of
Education;
(VI) Ensure that local
charter schools comply with the accountability provision of O.C.G.A. §
20-14-30et seq.
and federal accountability requirements;
(VII) Evaluate a local charter school's
performance annually in relation to the expectations and goals set forth in the
charter using the Department's Performance Framework or an alternate approach
approved by the Department and take appropriate action based on this
evaluation;
(VIII) Coordinate with
the State Board of Education and the Department in monitoring and supporting
any local charter schools identified as turnaround eligible schools pursuant to
O.C.G.A. §
20-14-45.
(IX) Develop termination processes that:
I. Provide the charter school governing board
with timely notification of the prospect of and reasons for termination of a
charter;
II. Allow the charter
school governing board a reasonable amount of time to prepare a
response;
III. Allow for a public
hearing;
IV. Require the local
school system to submit documentation and to produce witnesses at the public
hearing who can testify to the reasons for termination;
V. Provide the charter school governing board
with an opportunity to submit documents, produce witnesses, and give testimony
challenging the reasons given for termination and to argue for continuation of
the charter at a public meeting held for that purpose;
VI. Allow the charter school governing board
to be represented by its own counsel, to call witnesses on its behalf, and to
confront witnesses, and challenge documents, statements or reports against
continuation of the charter;
VII.
After a reasonable period for deliberation, require a final determination to be
made and conveyed in writing to the charter school governing board and the
State Board of Education. Such final determination must clearly articulate the
reasons for the final decision;
VIII. Ensure the charter school maintains
custody of active student records if the school's charter authorization is
terminated by the local board of education and transferred to the State Charter
Schools Commission pursuant to O.C.G.A. §
20-2-2063.3.
(IX) Allow local charter schools to exercise
substantial autonomy over decisions affecting the school. The nonprofit
governing board of a charter school shall have authority to make 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;
(X) Allow a charter school that has passed
the Department of Education facility inspection and holds a valid certificate
of occupancy to occupy its building and ensure that no other licensure to
operate the school, including, but not limited to, a business license,
professional license, or occupational tax certificate is required; provided,
however, that any for profit vendor of the charter school shall be subject to
any applicable local requirements relating to doing business in this state.
Charter schools shall be subject to all applicable zoning, planning, and
building permitting requirements when constructing or renovating a
facility;
(XI) Provide to the
charter school, for inclusion in the locally approved charter petition, the
base per-pupil amount that it will receive upon execution of the contract as
long as the school system receives state and local revenues upon which the
approved school budget is based;
(XII) Distribute applicable federal, state,
and local funding to local charter schools in a timely manner and in accordance
with law; ensure that funds are spent according to applicable laws, rules,
policies, and guidelines, including requirements for monitoring the use of
federal funds;
(XIII) Ensure that
the requirements of the Individuals with Disabilities Education Act (IDEA) are
met. The local board(s) must have a plan to ensure that the local school system
shall:
I. Serve students with disabilities
attending the local charter school in the same manner as it serves all other
students with disabilities in its other local schools. Nothing in this section
shall prevent a local board(s) from providing services to students with
disabilities at a central location, if that is standard practice for students
with disabilities from other schools in the local school system.
II. Provide funds to local charter schools on
the same basis as it provides funds to its other local schools, including
proportional distribution based on relative enrollment of children with
disabilities.
III. Ensure that
individuals employed as special education teachers in local charter schools
have a bachelor's degree and are either certified in special education or hold
a special education license.
IV.
Ensure that the requirements of all other applicable federal laws are
met.
(XIV) Develop
policies to provide for an expedited review process for high quality charter
school renewal, expansion, and replication; and
(XV) Publish annually the name and address of
each unused facility located in the school district that it governs.
2. At a minimum, this
control and management shall include the following responsibilities for charter
systems:
(i) Pre-Charter:
(I) Review and act on charter system
petitions;
(ii)
Post-Charter:
(I) Enforce clear expectations
for, and ensure achievement of, performance goals set forth in the
charter;
(II) Ensure that all
system charter schools comply with the accountability provision of O.C.G.A. §
20-14-30et seq.
and federal accountability requirements;
(III) Allow system charter schools to
exercise school level governance over decisions affecting the school, as
provided for in the contract. A Local School Governing Team at system charter
school shall have authority 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 decisions, including input into any school operations that are
consistent with school improvement and charter goals. The local board of
education ultimately retains constitutional authority;
(IV) Distribute applicable federal, state,
and local funding to system charter schools in a timely manner and in
accordance with law; ensure that funds are spent according to applicable laws,
rules, policies, and guidelines, including requirements for monitoring the use
of federal funds;
(V) Ensure that
the requirements of the Individuals with Disabilities Education Act (IDEA) are
met and that individuals employed as special education teachers in system
charter schools have a bachelor's degree and are either certified in special
education or hold a special education license; and
(VI) Ensure that the requirements of all
other applicable federal laws are met.
3. ANNUAL REPORTING
(i) Each authorizer that oversees a local
charter school or has received a charter petition shall submit to the State
Board of Education and post on its website an annual report including the
following:
(I) The authorizer's strategic
vision for chartering and progress towards achieving that vision.
(II) The academic performance of all
operating public charter schools overseen by the authorizer, according to the
performance expectations set forth in the charter, for inclusion in the annual
report to the General Assembly pursuant to O.C.G.A. §
20-2-2070.
(III) The financial performance of all
operating public charter schools overseen by the authorizer, according to the
performance expectations set forth in the charter, for inclusion in the annual
report to the General Assembly pursuant to O.C.G.A. §
20-2-2070.
(IV) The status of all public charter school
applications, including applications (A) pending review; (B) approved, and, for
each, the date on which the school will open or did open; and (C) denied, and,
for each, the reasons for the denial.
(V) All public charter schools that have
closed within the past year, and, for each, the reason for closure.
(VI) The authorizing functions provided by
the authorizer to the public charter schools under its purview, including the
authorizer's itemized operating costs and expenses associated with providing
its authorizer functions.
(ii) Each authorizer that provides oversight
of a charter school shall include in its annual report a written confirmation
that it has not in the preceding year required a commercial contract with any
public charter school board under its oversight.
(b) RESPONSIBILITIES OF THE STATE
BOARD OF EDUCATION. The State Board of Education shall have the following
supervisory duties pursuant to O.C.G.A. §
20-2-2063:
1. Review and act on local charter school
petitions and charter system petitions;
2. Review State Charter Schools Commission
decisions in accordance with O. C.G.A. §
20-2-2083(a)(1)
and take action, as appropriate;
3. Ensure the provision of technical
assistance to local school systems in successfully administering their
responsibilities as described in (1) above;
4. Ensure that each charter school uses the
Department's template to submit an annual report that outlines the previous
year's progress no later than November 1 of each year. The report shall
contain, but is not limited to:
(i) An
indication of progress toward the goals as included in the charter;
(ii) Academic data for the previous year,
including state academic accountability data, such as standardized test scores
and other such progress data;
(iii)
Updated contact information for the governing board and the
administrator;
(iv) Audit report or
unaudited financial statements;
(v)
Proof of current Georgia nonprofit status;
(vi) Proof of compliance with State Board of
Education Governing Board training requirements for Charter Schools as outlined
in State Board of Education Rule
160-4-9-.06 and in Part 4
below.
(vii) Any other supplemental
information that the charter school chooses to include or that the state board
requests, that demonstrates that school's success.
5. Ensure that the Department monitors
charter schools and charter systems in the second and fourth year of the
charter term.
(i) For purposes of this
section, monitoring may include an on-site visit, a telephone audit, or a desk
audit.
(ii) Based on its findings
and/or observations, the Department may place the school or system on probation
in accordance with Part 3 below or provide feedback, as needed.
6. Ensure that each charter system
submits an annual report outlining the previous year's progress no later than
November 1 of each year. The report shall contain, but is not limited to:
(i) An indication of progress toward the
goals as included in the charter;
(ii) Academic data for the previous year,
including state academic accountability data, such as standardized test scores
and other such progress data;
(iii)
Updated contact information for the system, including the name and contact
information of an employee of the charter system that can facilitate
communications between the Charter Schools Division and the chairpersons of the
Local School Governing Teams.
(iv)
Proof of compliance with State Board of Education Governing Board training
requirements for Charter Systems as outlined in State Board of Education rule
160-4-9-.07;
(v) A description of the actual authority
exercised by Local School Governance Teams with regard to each component of
school level governance;
(vi) A
description of any plans to increase school level governance in the
future;
(vii) An itemization of
initiatives being supported by the added QBE dollars for charter systems and a
description of how those funds have promoted school level governance or
improved student achievement; and
(viii) Any other supplemental information
that the charter system chooses to include or that the state board requests,
that demonstrates that system's success.
7. Ensure the provision of technical
assistance to petitioners submitting planning, implementation, facilities
grants, new and renewal charter petitions, petition renewal applications, and
any other programs authorized by applicable law.
8. Create and maintain a strategic plan and
policy for the state's charter schools program.
9. Ensure that the Department manages any
applicable federal grant awarded to the state for use by the state's charter
schools.
10. Ensure that the
Department annually evaluates charter schools and charter systems using a
Performance Framework for assessing academic, financial, and operational
performance at the school and system-level.
11. Jointly establish with the State Charter
Schools Commission a code of principles and standards of charter school
authorizing to guide local boards of education, the State Board, and the State
Charter Schools Commission in meeting high-quality authorizing practices
pursuant to O.C.G.A. §
20-2-2063.3. The State Board of
Education shall provide for or approve training for its staff and local board
of education members on this code of principles and standards of charter school
authorizers.
12. Provide for the
annual review of local boards of education by an independent party for
adherence to the principles and standards of charter school authorizing
practices adopted by the State Board of Education pursuant to O.C.G.A. §
20-2-2063.3. This review shall
detail the participation of the local board of education in training on the
principles and standards of charter school authorizers.
13. Ensure that the Department annually
assigns authorizers to one of four categories, and that the Department develops
definitions for the categories (first time authorizer, exemplary authorizer,
adequate authorizer, and authorizer needs improvement).
14. Ensure that the Department provides
focused technical assistance to those authorizers not in the exemplary
category, including, but not limited to, assistance in the review of decisions
made by those authorizers in their oversight of local charter schools and
charter systems such as charter petition denials, non-renewals, and
terminations.
15. Provide an annual
report on the status of the state's charter school program to the General
Assembly, pursuant to O.C.G.A. §
20-2-2070.
(2)
CHARTER SCHOOL
OPERATIONS
(a) CHARTER SCHOOL
EMPLOYMENT. For start-up charter schools, teachers and other instructional
staff and faculty must be employees of the Governing Board and may not be
employed by an Educational Service Provider or other entity affiliated with an
Educational Service Provider. The individual with the highest authority in
school administration may be employed by an Educational Service Provider only
if the Governing Board retains the authority to select and dismiss that
individual from service at the charter school. For start-up and conversion
charter schools, non-instructional staff, such as the Chief Financial Officer,
business manager, bookkeeper, or maintenance personnel, may be employed by
entities other than the Governing Board; however, the Governing Board shall
remain responsible and accountable for all operations, compliance, and
performance of any and all selected contractors.
(b) CHARTER SCHOOL OPENING. A new local
charter school must timely implement all of ready-to-open benchmarks related to
facilities, school personnel, enrollment procedures, curriculum and
instruction, operations and fiscal management, and governance before it will be
permitted to open. In the event the charter school governing board does not
meet the ready-to-open benchmarks, the local board may postpone the school's
opening by up to one year. An assurance to the Department by the local district
of a new school having achieved ready-to-open status is required before the new
school may open.
(c) CHARTER SCHOOL
FACILITY EXPANSION. A charter school shall not add or expand facilities during
the term of its charter contract without prior written approval from the
Georgia Department of Education. A charter school adding or expanding
facilities during its charter term shall adhere to all facility site and
building approval requirements. Charter schools utilizing multiple sites or
facilities must comply with all open enrollment requirements provided in rule
and law.
(d) CHARTER SCHOOL
TEACHER/LEADER EVALUATIONS. All charter schools shall utilize the performance
evaluation system adopted by the State Board pursuant to O.C.G.A. §
20-2-210. Each charter school
shall employ at least two individuals credentialed to administer the teacher
evaluation system. Each charter school shall employ or have on its governing
board at least two individuals credentialed to administer the leader evaluation
system. An individual becomes credentialed in the performance evaluation system
by successfully completing the training provided by the Georgia Department of
Education. No charter school may delegate the evaluation of its school leader
or other employees to any individual or entity that is not employed by the
charter school or is a member of its governing board.
1. Charter schools shall have the flexibility
to implement a tiered teacher evaluation system and to define the measures
needed to fulfill the requirements of the teacher and leader evaluations
pursuant to State Board rule
160-5-1-.37 and O.C.G.A §
20-2-210, including:
(i) For teachers of record who teach courses
that are subject to annual state assessments aligned with state standards,
define any additional professional growth measures beyond measurements based on
multiple student growth indicators, evaluations and observations, and standards
of practice that shall count for 20 percent of the evaluation.
(ii) For teachers of record who teach courses
that are not subject to annual state assessments aligned with state standards,
define any:
(I) Student growth indicators,
including the school or local school system total score on the annual state
assessments that shall count for 30 percent of the evaluation; and
(II) Additional professional growth measures
beyond measurements based on multiple student growth indicators, evaluations
and observations, and standards of practice that shall count for 20 percent of
the evaluation.
(iii)
For principals and assistant principals, define the combination of achievement
gap closure, Beat the Odds, and College and Career Readiness Performance Index
data that shall count for 20 percent of the evaluation; and
(iv) Implement a tiered evaluation system, in
which reduced observations of certain teachers of record may be conducted to
provide additional time for evaluators to coach and mentor new teachers and
teachers with a performance rating of 'Needs Development' or 'Ineffective'
pursuant to paragraph (4) of O.C.G.A §
20-2-210.
(e) CHARTER SCHOOL PUBLIC RECORDS.
Charter school governing boards shall maintain its adopted policies, budgets,
meeting schedule, meeting agendas, and meeting minutes, and shall make such
documents available for public inspection pursuant to the Georgia Open Records
Act, O.C.G.A. §
50-18-70et seq. A
charter school shall utilize an online school website and ensure that the
following information, at a minimum, is available on the website:
1. Governing Board membership.
2. Governing Board and committee meeting
calendar.
3. Meeting agendas for
upcoming Governing Board and committee meetings.
4. Meeting minutes for past Governing Board
and committee meetings unless the Georgia Open Meetings Act, O.C.G.A. §
50-14-1, limits their publication.
Minutes shall be available on the charter school's website within ten (10)
business days after Governing Board approval and for the duration of the
charter.
5. Procedure for
contacting the charter school's Governing Board and most senior school
administrator.
6. Any admissions
application utilized by the charter school and notification of enrollment and
admissions procedures, including the date, time, and location of any upcoming
enrollment lottery.
7. A summary or
line item version of the proposed and adopted annual operating budget pursuant
to O.C.G.A. §
20-2-167.1.
8. The school's monthly financial
statements.
9. A link to the
school's financial efficiency ratings published by and found on the Governor's
Office of Student Achievement's website, and a link to the local school
system's financial information published by and found on the Department's
website in accordance with O.C.G.A. §
20-14-46(d).
10. The school's Charter Contract.
(3)
CHARTER
SCHOOL FUNDING
(a) CHARTER SCHOOL
FUNDING CALCULATIONS. Charter school funding calculations shall be pursuant to
the following:
1. A local charter school shall
be eligible for federal, state, and local funds pursuant to O.C.G.A. §
20-2-2068.1 and §
20-2-2090, as
appropriate.
2. For the purpose of
local charter schools, the Department shall determine the allotment of state
funds and federal funds for the LEA in which the charter school is physically
located, pursuant to O.C.G.A. §
20-2-2068.1, or to the local
board(s) stipulated as the fiscal agent in the charter. For state charter
schools, the school shall serve as its own fiscal agent.
3. Pursuant to O.C.G.A. §
20-2-2068.1(a)
the local board(s) and the State Board of
Education shall treat a local charter school no less favorably than other local
schools located within the applicable local system unless otherwise provided by
law, including with respect to the provision of funds for instruction, school
administration, transportation, food services and where feasible, building
programs. Funds for transportation and food service shall be provided in
accordance with the Local Units of Administration (LUA) Manual. A local charter
school may request the Department to order mediation if it believes the local
board(s) is treating the charter school less favorably than other local
schools.
4. Pursuant to O.C.G.A. §
20-2-2068.1(c),
the local board(s) shall calculate and distribute the funding for the start-up
charter school on the basis of its actual or projected enrollment in the
current school year according to an enrollment count procedure or projection
method outlined in the terms of the charter. This shall include funding on the
basis of its actual or projected enrollment in the current school year in the
charter school's first year of operation and in any year that the charter
school significantly expands its enrollment as defined in State Board of
Education Rule
160-4-9-.04. The local school system
shall distribute to each local charter school the proportionate amount of
federal funds for which the school is eligible under each federal program;
provided, however, that these funds may be provided through the provision of
in-kind services to the school by the school system upon agreement between the
parties.
5. Pursuant to O.C.G.A. §
20-2-2068.1(c.3), the local
board(s) shall publish in a prominent location on its website the calculation
of earnings to each local charter school made in accordance with subsections
(a), (b), and (c) of the Code section, including federal funds received by each
local charter school.
(b) CHARTER SCHOOL FACILITIES FUNDS. Charter
school facilities funds shall be awarded pursuant to O.C.G.A. §
20-2-2068.2. In each year in which
charter school facilities funds are appropriated by the General Assembly for
charter school facilities, the State Board of Education shall allocate the
funds among eligible charter schools pursuant to accompanying grant
Guidance.
(c) CHARTER SCHOOL
CAPITAL FINANCING. In each year in which charter school capital financing funds
are appropriated by the General Assembly pursuant to O.C.G.A §
20-2-2095et.
seq., the State Board of Education shall establish a grant program in
the form of matching funds for qualified charter school contributions, pursuant
to accompanying grant guidance.
1. The State
Board of Education shall determine the maximum amount of matching funds
authorized for each dollar of funds donated to a qualified charter school
organization for any single charter school project. In so doing, the State
Board of Education shall take into account local revenue, special-purpose
local-option sales tax (SPLOST) and bond funding and shall view such local
revenue and funding favorably in determining the amount of grant funds to
authorize.
2. The matching grant
funds shall apply to any eligible funds donated to a qualified charter school
organization within the three (3) year period immediately preceding an
appropriation by the General Assembly.
(d) CHARTER SCHOOL GRANTS. Charter school
competitive grant applicants shall adhere to all application requirements and
related timelines. Applicants should consult the Department's website
http://www.gadoe.org for additional
information and applications. In order to qualify for any charter school grant,
applicants must meet all eligibility requirements. The Department shall have
the right to determine eligibility for all grants and to adjust grant
application procedures. Applications that do not meet eligibility requirements
shall not be considered. All charter school grants shall be administered
according to procedures outlined in the grant application.
(e) CHARTER SCHOOL ANNUAL OPERATING BUDGET.
Pursuant to O.C.G.A. §
20-2-167.1, charter school
governing boards, except for college and career academy governing boards, shall
hold at least two (2) public meetings to provide an opportunity for public
input on its proposed annual operating budget before adopting it. A summary or
line-item version of the proposed budget shall be posted on a publicly
available area of the board's website prior to the meetings. The public
meetings shall not occur within the same week. Any other public meeting or
hearing held that is related to the budget shall satisfy all or a portion of
this requirement.
1. A summary or line item
version of the adopted annual operating budget shall be posted and maintained
on a publicly available area of the governing board's website until the annual
operating budget for the next fiscal year is adopted by the board.
2. Upon request, a governing board shall
provide, at no cost, an electronic copy of the line item version of the adopted
annual operating budget in a suitable format within three (3) business days of
such request. If the governing board elects to post a summary of the adopted
budget, this summary shall give notice of the right to request an electronic
copy of the line item version of the adopted budget.
(f) CHARTER SCHOOL OUTSTANDING DEBTS. If a
local charter school is not renewed or is terminated, the nonprofit governing
board shall be responsible for all outstanding debts of that school. The State
Board of Education shall not be liable for any debts of the school in the event
that the charter is not renewed or is terminated. A local school system shall
not assume the debt from any contract for services made between the governing
body of the charter school and a third party, unless otherwise agreed in
writing.
(4)
MANAGEMENT OF CHARTER CONTRACTS.
(a) EXECUTION OF CHARTER CONTRACTS. Approved
nonprofit governing boards for charter schools or local boards of education for
charter systems shall return a fully executed charter contract to the
Department within sixty (60) days of receipt.
(b) CHARTER TRAINING. Charter schools and
systems shall attend any required training. At the authorizer's discretion,
charter schools and systems may be required to attend any additional training
that the authorizer deems necessary and proper for the successful operation of
the charter school or system.
(c)
AMENDING A CHARTER CONTRACT. Pursuant to O.C.G.A. §
20-2-2067.1, the terms of a
charter contract may be amended as follows:
1. The contract for a local charter school
may be amended during the term of the charter upon the approval of the local
board(s), State Board of Education, and the charter school governing board.
Additional information and instructions for requesting an amendment may be
found on the Department's website. All amendments must comply with requirements
as established by the Department.
(i)
Amendment requests that originate with the charter school governing board shall
be submitted to the local board(s). The local board(s) shall, by a majority
vote, approve or deny the proposed amendment no later than sixty (60) days
after the local board(s) request is received, unless the local board(s) and the
charter school governing board agree to extend the amendment review beyond
sixty (60) days.
(ii) Amendment
requests that originate with the local school board shall be submitted to the
charter school governing board. The charter school governing board shall, by a
majority vote, approve or deny the proposed amendment no later than sixty (60)
days after the request is received unless the charter school governing board
and the local board(s) agree to extend the amendment review beyond sixty (60)
days.
(I) If the local board(s) and the
charter school governing board agree to the amendment, the charter school shall
forward the amendment to the Department for State Board of Education
action.
(II) If the local board(s)
and the charter school governing board do not agree to the amendment, the State
Board of Education may recommend mediation upon the agreement of both the local
board(s) and the charter school governing board. If mediation is unsuccessful,
the charter continues in its unamended form.
(iii) For amendment requests that originate
with the State Board of Education, the Department shall notify the charter
school governing board and the local board(s) of the State Board's request to
amend the charter.
(I) The charter school
governing board and the local board(s) shall each, by a majority vote, approve
or deny the proposed amendment no later than sixty (60) days after the request
is received unless they agree to extend the review beyond sixty (60)
days.
(II) If the local board(s)
and the charter school governing board agree to the amendment, the charter
school shall forward the approval to the Department for State Board of
Education action.
(III) If the
local board(s) and/or the charter school governing board do not agree to the
amendment, the Department may recommend mediation upon the agreement of the
local board(s) and the charter school governing board.
(IV) If mediation is unsuccessful, the
charter continues in its un-amended form.
2. The contract for a charter system may be
amended during the term of the charter upon the approval of the local board and
the State Board of Education. Additional information and instructions for
requesting an amendment may be found on the Department's website. All
amendments must comply with requirements as established by the
Department.
3. All charter
contracts are subject to applicable federal and state laws, rules, and
regulations and shall be deemed amended to reflect applicable changes to these
laws upon the effective date of any such change.
(d) PLACING A CHARTER ON PROBATIONARY STATUS
1. The Department or the local board(s) of
education may place a charter school or charter system on probation if it has
reason to believe that any of the following have occurred or is imminent:
(i) A failure to comply with any
recommendation or direction of the state board with respect to O.C.G.A. §
20-14-41;
(ii) A failure to adhere to any material term
of the charter, including but not limited to the performance goals set forth in
the charter;
(iii) A failure to
meet generally accepted government accounting standards;
(iv) A violation of applicable federal,
state, or local laws or court orders;
(v) The existence of substantial evidence
that the continued operation of the charter school or charter system could be
contrary to the best interest of the students or the community; or
(vi) A failure to comply with any provisions
of O.C.G.A. §
20-2-2065;
(vii) For charter schools, the governing
board has demonstrated an inability to provide effective leadership to oversee
the operation of the charter school; and
(viii) For charter systems, the local board
of education has demonstrated an inability to provide effective leadership to
oversee the operation of the charter system.
(ix) A failure to disclose material
information regarding violations or potential violations of any material term
of the charter or applicable federal, state, or local laws or court
orders.
(x) A failure to meet one
or more of the academic, financial, and operational standards given in the
Department's Performance Framework.
(xi) For charter schools, the school is
identified as a turnaround eligible school as defined in O.C.G.A. §
20-14-45.
(xii) For charter systems, one-half or more
of its system charter schools are identified as turnaround eligible schools as
defined in O.C.G.A. §
20-14-45for five or more
consecutive years.
(xiii) Any other
reason that would lead to the eventual termination of the charter if not
resolved.
2. In the
event that a charter school or charter system is placed on probation, the
following shall apply:
(i) The Department
and/or the local board of education shall provide written notice to the charter
school or charter system of the reasons for such placement, not later than five
days after the placement;
(ii) No
later than thirty (30) days after the date of such placement, the charter
school or charter system shall file with the Department and the local board of
education a corrective action plan that addresses the reasons outlined for the
probation and timeline for remedying those issues;
(iii) The Department may approve the
corrective action plan as submitted or impose any additional terms of probation
on the school or system that it deems necessary;
(iv) The charter school or charter system
shall implement the Department-approved corrective action plan;
(v) During the term of probation, the
Department may require the school or system to file interim reports concerning
any matter deemed relevant to the probationary status of the school or system,
including financial reports or statements.
(vi) The Department may amend the length of
the probation based on the status of the interim reports.
3. A charter school or charter system may be
taken off probation upon fulfilling the terms of its corrective action plan and
upon the Department's determination that the conditions which precipitated the
probation no longer exist and that no new conditions exist which would
necessitate probationary status.
4.
In the event that the charter school or charter system does not file or
implement the approved corrective action plan within the required time period,
or does not comply with the terms within the required time period, the State
Board of Education or local board(s), as applicable, may move to terminate the
charter.
5. No charter school on
probation may enroll new students without the consent of the
Department.
(e)
TERMINATING A CHARTER.
1. Pursuant to O.C.G.A
§
20-2-2068, the State Board of
Education may terminate a local charter school if requested by a majority of
parents or guardians of enrolled students or a majority of the
faculty and instructional staff employed at the charter school; if requested by
the charter school governing board; if requested by the local board(s); or upon
determination by the State Board of Education by its own audit or other means.
(i) If requested by a majority of parents or
guardians of enrolled students or a majority of the faculty
and instructional staff employed at the charter school:
(I) The group requesting the termination,
must, within thirty (30) days of the public meeting held pursuant to O.C.G.A. §
20-2-2068(a)(1)(A) or
(B), submit a petition for termination to the
State Board of Education, with a copy to the local board(s), which shall
include the following:
I. A written statement
detailing the reasons for termination pursuant to O.C.G.A. §
20-2-2068(a)(2)(A)
-(G), including supporting
documentation;
II. Documentation
showing that a public meeting and vote were held in accordance with the
requirements of O.C.G.A. §
20-2-2068(a)(1)(A) or
(B);
III. A copy of the minutes of the public
meeting where the termination request was voted upon;
IV. A written statement signed by a member of
the group requesting termination. The statement shall specify that an identical
copy of the materials has also been provided to the appropriate officials at
the charter school. Appropriate officials shall include, at a minimum, the
principal of the school, the president of the governing board, and the
superintendent of the local board(s) of education that serves as the fiscal
agent for the charter school; and
V. Any other pertinent information.
(II) The charter school governing
board and local board(s) shall have thirty (30) days from receipt of the
petition for termination to provide the State Board of Education with a written
response to the petition.
(III)
Upon receipt of the above records, and if requested by the charter school
governing board or the local board(s) within thirty (30) days of such receipt,
the State Board of Education may conduct a hearing prior to rendering a
decision. If no such request is made within thirty (30) days of the State Board
of Education's receipt of these records, all parties waive their right to a
hearing and the State Board of Education may vote based upon information
submitted by the parties or the State Board of Education may decide to hold a
hearing prior to taking a vote.
(IV) If the State Board of Education votes to
sustain the charter, it may consider the termination request and supporting
documentation as a factor in its renewal decision.
(ii) For termination requests originating
with the charter school governing board:
(I)
The governing board must file a petition for termination with both the local
board(s) and the State Board of Education within thirty (30) days of the vote
to request termination.
(II) The
petition for termination shall include:
I. A
succinct statement of the reasons for the termination request;
II. The record of the vote taken by the
charter school governing board.
(III) Upon receipt of the above records, and
if requested by the local board(s) or the State Board of Education within
thirty (30) days of such receipt, the State Board of Education may conduct a
hearing prior to rendering a decision. If no such request is made within thirty
(30) days of the State Board of Education's receipt of these records, all
parties waive their right to a hearing and the State Board of Education may
vote based upon information submitted by the parties or the State Board of
Education may decide to hold a hearing prior to taking a vote.
(IV) If the State Board of Education votes to
sustain the charter, it may consider the termination request and supporting
documentation as a factor in its renewal decision.
(iii) For termination requests originating
with the local board(s):
(I) Upon determining
the existence of any ground for termination pursuant to O.C.G.A. §
20-2-2068(a)(2),
the local board(s) shall provide appropriate notice of proposed termination to
the charter school governing board as well as an opportunity for a hearing, if
applicable, on the proposed termination in accordance with the policies
established pursuant to (1)(a)(2)(v) of this Rule. If the local board(s)
decides to move forward with termination, it must file a petition for
termination with the State Board of Education within thirty (30) days of the
determination.
(II) The request
shall include a succinct statement of the reasons for the termination request,
the transcript of the public hearing, including witness testimony to support
its reasons for termination, other evidence as applicable, and the record of
the vote taken by the local board(s) of education to terminate the
charter;
(III) The local board(s)
shall send a copy of all of the above to the charter school governing board at
the same time as such documents are filed with the State Board of
Education.
(IV) The State Board of
Education shall treat all requests for termination from the local board(s) in
accordance with O.C.G.A. §
20-2-1160.
I. The State Board of Education shall uphold
the decision of the local board(s) if it finds sufficient evidence to sustain
the decision.
II. The State Board
of Education shall render a final written decision and shall notify the parties
accordingly.
(iv) For termination requests initiated by
the State Board of Education:
(I) The State
Board of Education shall notify the charter school and the local board(s) of
its intention to convene a hearing for the purpose of determining whether the
charter school is in violation of a provision of O.C.G.A. §
20-2-2068(a)(2).
The notification shall include the specific provisions of O.C.G.A. §
20-2-2068(a)(2)
that the charter school is alleged to have
violated and shall contain all information contained in O.C.G.A. §
50-13-13(a)(2).
I. If after receiving the notification, the
charter school decides to surrender its charter contract instead of proceeding
with the termination process, the governing board of the charter school shall
provide to the State Board of Education a record of the vote taken by the
governing board approving the surrender.
(II) The charter school and the local
board(s) shall have thirty (30) days from the date of State Board of Education
notification to submit one of the following to the State Board of Education:
I. A written response that addresses each of
the allegations set forth in the notice and waives its right to a hearing by
requesting the State Board of Education render a decision based on the written
record; or
II. A written response
that addresses each of the allegations set forth in the notice and requests the
State Board of Education schedule a hearing to render a decision.
(III) If the charter school
chooses to respond to the notice but waives its right to a hearing by
requesting the State Board of Education render a decision based on the written
record, the local board(s) and the Georgia Department of Education shall have
ten (10) days to reply to the charter school's response and raise any
objections to the hearing waiver request. If no objections are raised and the
State Board of Education renders a decision on the written record, the decision
shall be based upon:
(1) the State Board of
Education's notice to convene a hearing for the purpose of charter termination,
(2) the school's response,
(3) any response by the local
board of education,
(4) any reply
of the Georgia Department of Education or local board of education to the
school's request to waive the hearing, and
(5) any evidence contained therein noticed as
proof by the State Board of Education. If objections are raised, the State
Board of Education shall take those objections into consideration and determine
whether the hearing should be waived.
(IV) If the charter school provides a written
response that addresses each of the allegations set forth in the notice and
requests the State Board of Education schedule a hearing to render a decision,
the State Board of Education or designated hearing officer shall conduct a
hearing and render a decision.
(V)
If the hearing is conducted by a designated hearing officer, the hearing
officer shall make a recommendation to the State Board of Education for
consideration prior to the State Board rendering a decision.
(VI) If the charter school requests an
expedited hearing, it shall notify the State Board of Education in writing
within the 30-day response period. The local board(s) and the Georgia
Department of Education shall have five (5) days to reply to the charter
school's request and raise any objections to the expedited hearing. If the
expedited hearing request is approved, the State Board of Education shall
schedule a hearing and, if necessary, set a timeline for the charter school's
submittal of a substantive response to the notice and a rebuttal by the local
board(s) of education and the Georgia Department of Education.
(VII) If the charter school does not respond
within the 30-day time period, then it waives it right to a hearing. The State
Board of Education may render a decision as permitted under O.C.G.A. §
20-2-2068(a)(2).
2. Pursuant to O.C.G.A §
20-2-2068, the State Board of
Education may terminate a charter system charter contract if requested by the
local school governing team of a system charter school; if requested by the
local board; or by determination by the State Board of Education by its own
audit or other means.
(i) For termination
requests originating with the local school governing team of a system charter
school:
(I) A petition to terminate a system
charter must be submitted in writing by the local school governing team of a
system charter school to the State Board of Education and to the local board of
the charter system.
(II) The local
board of the charter system shall have thirty (30) days from receipt of the
petition for termination to provide a written response to the State Board of
Education.
(III) Upon receipt of
the petition for termination and following the thirty (30) day period for the
charter system's response and at the request of an interested party, the State
Board of Education shall conduct a hearing and determine whether the system
charter shall be terminated. If no such request is made, the parties waive
their right to a hearing and the State Board of Education shall vote based upon
information submitted by the parties.
(IV) Nothing contained herein shall prevent
the State Board of Education from proposing an amendment to the system charter
to address the concerns raised by the request for termination.
(ii) For termination requests
originating with the local board:
(I) The
local board must file a petition for termination with the each system charter
school's local school governing board and the State Board of Education within
thirty (30) days of the vote to request termination.
(II) The petition for termination shall
include:
I. A succinct statement of the
reasons for the termination request; and
II. The record of the vote taken by local
board
(III) Upon receipt
of the above records, and if requested by the State Board of Education within
thirty (30) days of such receipt, the State Board of Education may conduct a
hearing prior to rendering a decision. If no such request is made within thirty
(30) days of the State Board of Education's receipt of these records, the local
board waives their right to a hearing and the State Board of Education may vote
based upon information submitted by the parties.
(IV) If the State Board of Education votes to
sustain the charter, it may consider the termination request and supporting
documentation as a factor in its renewal decision.
(iii) For termination requests originating
with the State Board of Education:
(I) The
State Board of Education shall notify the local board of its intention to
convene a hearing for the purposes of determining whether the charter system is
in violation of a provision of O.C.G.A. §
20-2-2068(a)(2).
The notification shall include the specific provisions of O.C.G.A. §
20-2-2068(a)(2)
that the charter system is alleged to have
violated and shall contain all information contained in O.C.G.A. §
50-13-13(a)(2).
(II) The local board of the charter system
shall have thirty (30) days from the date of State Board of Education
notification to file a response.
(III) After the thirty (30) day period for
receiving a response has elapsed, the State Board of Education may conduct a
hearing and render a decision in accordance with the policies established
pursuant to this Rule.
3. In cases where the physical and/or mental
health, safety, or welfare of students or staff of a charter school is in
danger or where the charter school has experienced financial irregularities,
any party to the charter or the State Board of Education may make an emergency
termination request. The State Board of Education, through a regular or called
meeting, may temporarily suspend the operations of the charter school until a
termination hearing can be conducted. Depending on the nature of the danger or
financial irregularity, the State Board of Education may request that the local
board(s) assign the charter school students to another public school or take
over operations of the charter school.
4. Upon termination of the charter for a
local charter school, all assets of the terminated charter school purchased
using state or federal grant funds, and all unencumbered state or federal grant
funds awarded by the State Board of Education, shall revert to the local
district and shall not be used by the school or its nonprofit governing board
to satisfy liabilities.
5. Upon
termination of the charter for a state charter schools, all assets of the
terminated charter school remaining after liabilities have been satisfied shall
revert to the SCSC for redistribution to other charter schools. This excludes
assets purchased with or unencumbered funds derived from state or federal
grants awarded by the State Board of Education, which shall revert to the
Department and shall not be used by the school or its nonprofit governing board
to satisfy liabilities.
6. Once a
decision is made to terminate or not renew a charter, the charter school and
the local board(s) shall notify affected charter school students and
parents/guardians of the impending charter school closing and their public
school choice options no later than one week after the decision is made to
terminate or not renew the charter.
7. Pursuant to O.C.G.A. §
20-2-2063.3, in cases where a
charter school authorized by a local board of education that fails to meet the
principles and standards of charter school authorizing on the local board's
annual evaluation for two consecutive years, the charter school may petition to
transfer its charter authorization to the State Charter Schools Commission. If
the State Charter Schools Commission approves the transfer of a petitioning
charter school to its jurisdiction, the local board of education shall
terminate the existing charter pursuant to the terms of the charter. The
charter school shall maintain custody of its active student records during and
upon completion of the transition.
(5)
GOVERNANCE TRAINING.
Pursuant to O.C.G.A. §
20-2-2072, the members of the
governing board of each charter school shall participate in initial training
for boards of newly approved local charter schools and annual training
thereafter.
(a) TRAINING REQUIREMENTS.
1. New members of charter school governing
boards and members of newly approved charter schools shall participate, at a
minimum, in fifteen (15) hours of training within one (1) year of taking
office. Board members with a break in service of more than one calendar year
shall be considered new board members for training purposes. The training shall
consist of the following minimum requirements:
(i) Three (3) hours of training on best
practices on charter school governance; the constitutional and statutory
requirements relating to public records and open meetings; and the requirements
of applicable statutes and rules and regulations.
(ii) Three (3) hours of Charter School
Finance and Budgeting Training on all topics included in Domain VII, Standard
A, of the Standards for Effective Governance of Georgia Nonprofit Charter
School Governing Boards.
(iii)
Three (3) hours Financial Governance Training on all topics included in Domain
VII, Standard B, of the SBOE-adopted Standards for Effective Governance of
Georgia Nonprofit Charter School Governing Boards. This training must be
conducted by the Department's Finance and Budget Office.
(iv) Three (3) hours of Whole Board
Governance Team Training.
(v) Three
(3) hours of training that covers topics within the Standards for Effective
Governance of Georgia Nonprofit Charter School Governing Boards.
2. Charter school governing board
members with one (1) or more years of board service shall participate, as a
minimum, in nine (9) hours of training annually. The training shall consist of
the following minimum requirements:
(i) Three
(3) hours of Financial Governance Training on all topics included in Domain
VII, Standard B, of the Standards for Effective Governance of Georgia Nonprofit
Charter School Governing Boards. This training may be conducted by any State
Board of Education-approved training provider.
(ii) Three (3) hours of Whole Board
Governance Team Training.
(iii)
Three (3) hours of training that covers topics within the Standards for
Effective Governance of Georgia Nonprofit Charter School Governing
Boards.
3. Charter
School Governing Board member training must adhere to the following:
(i) Each board member training program must
include training curricula aligned with State Board of Education governance
standards for charter school governing boards.
(ii) All required board member training shall
be conducted by charter school Training Providers approved by the State Board
of Education unless otherwise specified in this rule.
(iii) Charter school governing boards and
individual members may also participate in additional training based on
identified needs.
(iv) The board
chair shall receive training related to leadership duties of a board chair as
some portion of the annual requirement.
4. Whole Board Governance Team training, at a
minimum of three (3) hours, shall be conducted annually. The purpose of such
training is to enhance the effectiveness of the governance team and to assess
the continuing education needs of the board and school leader. The assessment
of needs shall be based on the State Board-adopted standards for charter school
governing boards and shall be used to plan the charter school adopted board
training program.
5. The training
for schools that are college and career academies shall adhere to the Standards
for Effective Governance of College and Career Academies (CCA) approved by the
State Board of Education in conjunction with the Technical College System of
Georgia (TCSG), and shall be provided only by The Office of College and Career
Transitions of TCSG unless otherwise specified in this rule.
(i) Board members of any college and career
academy governing board in the first year of implementation of the college and
career academy shall participate, at a minimum, in seven (7) hours of training
within (1) year of taking office. The training shall consist of the following
minimum requirements:
(I) Two (2) hours of
training on the constitutional and statutory requirements relating to public
records and open meetings; and the requirements of applicable statutes and
rules and regulations for a college and career academy. This training must be
conducted by The Office of College and Career Transitions of TCSG.
(II) Two (2) hours of Whole Board Governance
Team Training that covers topics within the Standards for Effective Governance
of College and Career Academies. This training must be conducted by The Office
of College and Career Transitions of TCSG.
(III) Three (3) hours of training that covers
topics within the TCSG CCA Certification Standards, Community Workforce
Development, and the role of the college and career academy and its partners.
This training must be conducted by The Office of College and Career Transitions
of TCSG.
(ii) New
members of a college and career academy governing board shall participate, at a
minimum, in seven (7) hours of training within one (1) year of taking office.
Board members with a break in service of more than one calendar year shall be
considered new board members for training purposes. The training shall consist
of the following minimum requirements:
(I) Two
(2) hours of training on the constitutional and statutory requirements relating
to public records and open meetings; and the requirements of applicable
statutes and rules and regulations for a college and career academy. This
training may be conducted by The Office of College and Career Transitions of
TCSG or any State Board of Education-approved training provider.
(II) Two (2) hours of Whole Board Governance
Team Training that covers topics within the Standards for Effective Governance
of College and Career Academies. This training must be conducted by The Office
of College and Career Transitions of TCSG.
(III) Three (3) hours of training that covers
topics within the TCSG CCA Certification Standards, Community Workforce
Development, and the role of the college and career academy and its partners.
This training must be conducted by The Office of College and Career Transitions
of TCSG.
(iii) College
and career academy governing board members with one (1) or more years of board
service shall participate, as a minimum, in five (5) hours of training
annually. The training shall consist of the following minimum requirements:
(I) Two (2) hours of Whole Board Governance
Team Training that covers topics within the Standards for Effective Governance
of College and Career Academies. This training may be conducted by The Office
of College and Career Transitions of TCSG or any State Board of
Education-approved training provider.
(II) Three (3) hours of training that covers
topics within the TCSG CCA Certification Standards, Community Workforce
Development, and the role of the college and career academy and its partners.
This training must be conducted by The Office of College and Career Transitions
of TCSG.
(b) TRAINING CONTENT FOR CREDIT HOURS:
1. Training credit hours will be awarded only
on approved content aligned with the State Board of Education governance
standards for charter schools.
(c) TRAINING PROVIDERS
1. Training Provider Rationale: The State
Board of Education has adopted "State Board of Education governance standards
for charter school boards" as the basis for charter school governing board
member training. The approved charter school Training Providers will conduct
charter school governing board member training utilizing curricula aligned with
the State Board of Education governance standards for charter school governing
boards and which meet identified areas for improvement as submitted in charter
school governing boards' training program.
2. Charter school Training Providers wishing
to provide charter school governing board training must be approved by the
State Board of Education. To be considered for such approval, charter school
Training Providers shall provide to the Department the following:
(i) Overview of the individual(s) or entity
wishing to provide training.
(ii)
Experience in providing charter school governing board training with
references.
(iii) Instructors'
qualifications.
(iv) Name(s) of
training course(s).
(v) Length of
training course(s).
(vi) Syllabus,
which includes standard(s) to which each course is aligned.
(vii) Probable delivery method for delivery
of content (whole board, large or small group, virtual, etc.).
(viii) Proposed location(s) of training
course(s).
(ix) Fees (if any) to be
charged for each training course.
(x) Participant evaluations of each training
course.
(xi) List of charter school
governing board members who participate in each training course.
(xii) Assurances that trainer will not
provide training to charter school governing board members who are immediate
members of the trainer's family without obtaining prior approval from the State
School Superintendent or his designee. For the purpose of this assurance,
immediate family members shall include a spouse, child, sibling, parent, or the
spouse of a child, sibling or parent.
3. Only The Office of College and Career
Transitions of TCSG may provide training to college and career academy
governing boards unless otherwise specified in this rule.
4. The local school district shall not
provide governing board training to charter schools under its control and
management.
(d) STATE
DEPARTMENT OF EDUCATION PROVISIONS
1. The
Department of Education will:
(i) Receive
assurance of the adopted charter school governing board training program
plan.
(ii) Recommend Training
Providers and courses for training credit for State Board of Education
approval.
(iii) Periodically review
the charter school governing board training program requirements and make
recommendations for improvement.
(iv) Within three (3) months of the required
assurance date of the charter school governing board training program plan
publish the approved Training Providers and courses approved for training
credit.
(v) Report to the State
Board of Education annually on compliance with the training program
requirements by members of charter school boards of education.
2. The State Board of Education
shall adopt a model code of ethics for members of charter school governing
boards. Such model code of ethics shall also include appropriate consequences
for violation of a provision or provisions of such code. The State Board of
Education may periodically adopt revisions to such model code as it deems
necessary.
(i) Within three months of adoption
by the State Board of Education of a model code of ethics pursuant to
subsection (4)(d)(2) of this rule, each charter school governing board shall
adopt a code of ethics that includes, at a minimum, such model code of ethics.
Each charter school governing board shall incorporate into its code of ethics
any revisions adopted by the State Board of Education to the model code of
ethics pursuant to (4)(d)(2) of this rule within three months of adoption of
such revisions. Each charter school governing board member shall sign the
adopted Code of Ethics.
3. The State Board of Education shall adopt a
training program for members of charter school governing boards. The State
Board of Education may periodically adopt revisions to such training program as
it deems necessary.
(i) Within three months of
adoption by the State Board of Education of a training program pursuant to
paragraph (4)(d)(3) of this rule, each charter school governing board shall
adopt a training program for members of such boards that includes, at a
minimum, such training program and requirements established by the State Board
of Education pursuant to paragraph (4)(d)(3) of this rule. Each charter school
governing board shall incorporate any revisions adopted by the State Board of
Education to the training program within three months of adoption of such
revisions.
(ii) Each charter school
governing board shall adopt its training program and any revisions thereto at a
regularly scheduled meeting.
4. The State Board of Education shall
establish a charter schools financial management certification program for
charter school leaders and personnel who are responsible for the school's
budget, accounting, payroll processing, purchasing, and ensuring the school's
financial policies are in line with state and federal laws and best practices.
The State Board of Education may periodically adopt revisions to such financial
management certification program as it deems necessary.
5. No person shall be eligible to serve on a
charter school governing board unless he or she:
(i) Has read and understands, as shown by
signing, the code of ethics and the conflict of interest provisions applicable
to members of a charter school governing board; and
(ii) Has agreed to annually disclose
compliance with the State Board of Education's policy on training for members
of charter school governing boards, the code of ethics of the charter school
governing board, and the conflict of interest provisions applicable to members
of the charter school governing board. Such disclosures shall be included in
the charter school's annual report to the Department.
(iii) Charter School Governing Boards shall
refer to the Department's website for additional guidance on Charter Schools
Governance Training Standards, a model code of ethics, and a model conflict of
interest policy.
(iv) State charter
schools shall not be subject to requirements of this paragraph, but shall
adhere to the training and eligibility requirements of O.C.G.A. §
20-2-2084 and rules of the
SCSC.
(e)
TRAINING STANDARDS.
1. Governance. The
charter school governing board is charged with acting in a manner that focuses
on improving student achievement and organizational effectiveness.
(i) The governance leadership team adheres to
appropriate roles and responsibilities, as defined in State Board of Education
rules and guidelines.
(ii) The
governance leadership team executes its duties as defined in state law and
State Board of Education rules and guidelines and ethical standards, which
govern its conduct.
(iii) The
governing board acts as a policy-making body, separate from the roles and
responsibilities authorized to the school leader.
(iv) The governance leadership team
demonstrates a unified approach to governing the charter school in order to
assure effective fulfillment of roles and responsibilities.
2. Strategic Planning. The
governance leadership team, in collaboration with the community, adopts and
enacts a planning process that results in an adopted school strategic plan
designed to improve student achievement and organizational effectiveness.
(i) The governance leadership team develops
and adopts the school's strategic plan.
(ii) Annually and as needed, utilizing the
adopted strategic planning process, the governance leadership team monitors and
reports progress on performance measures.
3. Board and Community Relations. In order to
ensure improved student achievement and organizational effectiveness, the
governing board creates and sustains healthy community relations, models
professional relationships, creates a culture of mutual respect, and serves as
a charter school advocate for effective collaboration and engagement of
internal and external stakeholders.
(i) The
governance leadership team develops a process for creating a culture where
input is sought, heard, and valued.
(ii) The board develops policies to ensure
effective communication and engagement of all stakeholders' which support the
strategic plan, desired culture and continuous improvement of the charter
school.
(iii) The governance
leadership team ensures processes that develop, communicate and maintain
procedures for communications by stakeholders which result in resolution of
issues and concerns supporting the strategic plan, desired culture and
continuous improvement of the charter school.
4. Policy Development. The governing board
adopts, revises, and follows written policies in accordance with laws and State
Board of Education rules that include but are not limited to those that support
improved student achievement, fiduciary responsibility, community and
stakeholder engagement, organizational effectiveness, and continuous
improvement.
(i) The governing board adopts,
revises, and follows written policies that are clear, up-to-date, and in
compliance with the charter school's strategic plan, state and federal laws and
State Board of Education rules and guidelines.
5. Board Meetings. In order to conduct
official business for the purpose of improving student achievement and
organizational effectiveness, the local charter school governance leadership
team plans and conducts board meetings in accordance with the Open Meetings
Act.
(i) The board announces and holds
meetings in accordance with the Open Meetings Act (O.C.G.A. §
50-14-1).
6. Personnel. The governing board employs,
sets performance expectations for, and evaluates the work of the school leader.
(i) The governing board employs a school
leader who acts as the Chief Executive Officer of the school. The school leader
shall not serve simultaneously as the chief financial officer, or its
equivalent, for the charter school.
(ii) The governing board evaluates the
professional performance of the school leader.
7. Financial Governance. The governing board
provides guidance to the school leader and sets sound fiscal policy so that the
school is an effective steward of all resources to support student achievement
and organizational effectiveness.
(i) The
governing board upon recommendation of the school leader and an opportunity for
public input adopts a budget that adheres to State law provisions and is
consistent with its strategic plan.
(ii) The governing board adopts policy for
sound fiscal management and monitors the implementation of the budget in
accordance with state laws and regulations.
8. Ethics. The governance leadership team
conducts themselves, collectively and individually, in an ethical and
professional manner.
(i) The governing board
adheres to, adopts and practices a Code of Ethics, avoids conflicts of
interest, and annually reviews ethical standards to ensure and enhance
governance structure and organizational effectiveness.
(ii) State charter schools shall not be
subject to requirements of this section, but shall adhere to the training and
eligibility requirements of O.C.G.A. §
20-2-2084 and rules of the State
Charter Schools Commission.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.