(1)
CHARTER SYSTEM PETITION
SUBMISSION.
(a) LETTERS OF INTENT.
Letters of intent to submit a charter petition are
required to
be submitted to the Georgia Department of Education (Department) at least six
(6) months prior to the date on which the petition will be submitted to the
Department. The Department
recommends that a letter of intent
be submitted to the Department one (1) year prior to the date on which the
petition will be submitted to the Department. After submitting a letter of
intent, but prior to submitting a charter system petition, a local district may
withdraw its letter of intent at any time upon written notice to the
Department. At minimum, a letter of intent should include the following:
1. The name of the potential
applicant;
2. Contact information
for an authorized representative including phone number, mailing address and
email address; and
3. The date by
which the applicant plans to submit a petition.
Petitioners should consult the District Flexibility and
Charter Schools Division website for additional content and formatting
requirements. Petitions not preceded by a timely and complete letter of intent
may be delayed or not considered until the following petition cycle.
(b) LOCAL BOARD
RESOLUTION.
1. Pursuant to O.C.G.A. §
20-2-2063.2, a local board seeking
to create a charter system must adopt a resolution approving the proposed
charter system petition prior to submission to the Department.
2. The resolution shall contain the
following:
(i) A statement that the Local
Board of Education (LBOE) wishes to submit a charter system application to the
Department for consideration by the State Board of Education (SBOE);
(ii) A statement that indicates the LBOE
seeks the broad flexibility offered by charter system status to increase
student achievement; and
(iii) A
statement that indicates that the LBOE understands and promotes the
maximization of school level governance if the application is
approved.
(c)
PUBLIC HEARINGS.
1. Pursuant to O.C.G.A. §
20-2-2063.2, a local board seeking
to create a charter system must hold two public hearings prior to submission to
the Department.
2. NOTICE: The
local board shall provide notice of the hearings in the same manner as other
legal notices of the local board. Pursuant to O.C.G.A. §
20-2-2063.2, a local board seeking
to create a charter system must send notice to each principal within the local
school system of the hearings. The notice shall include instructions that each
school shall distribute the notice to all faculty and instructional staff
members and to the parent or guardian of each student enrolled in the
school.
3. Prior to submitting a
petition to the Department for review by the State Board, the local board may
revise the petition, upon resolution, as a result of testimony at the public
hearings or for other purposes.
4.
Each public hearing must include the following:
(i) An explanation of the charter system
concept, including broad flexibility and school level governance;
(ii) An opportunity for the community to ask
questions and provide feedback on any proposed charter system initiatives;
and
(iii) Engagement of business
and industry stakeholders.
4. The Department encourages, but
does not require, each system to utilize an online website to promote
transparency and community engagement.
5. Where possible and as appropriate,
Petitioners are encouraged to have additional community meetings to fully
engage the community in the process.
(d) CHARTER PETITIONS TO THE DEPARTMENT OF
EDUCATION.
1. Petitioners should consult the
District Flexibility and Charter Schools Division website regularly for annual
timelines, page limitations, and formatting requirements and O.C.G.A. §
20-2-2063.
2. Failure to comply with timelines or
formatting requirements may delay or prohibit consideration of the petition in
the current petition cycle.
(2)
CHARTER SYSTEM PETITION REVIEW
PROCEDURES.
(a) PETITION REVIEW BY
DEPARMENT. The Department shall process all charter system petitions submitted
to the Department and coordinate with the Charter Advisory Committee. The
Department shall make recommendations to the State Board of Education on
approval or denial on each charter system petition and shall specify the
reasons for such recommendations. Department staff shall review all charter
system petitions to ensure that the proposed charter system will comply with
all applicable federal, state and local laws, including but not limited to, the
Charter Schools Act [O.C.G.A. §
20-2-2060et seq].
1. The maximum term for both initial and
renewed charter contracts approved by the State Board of Education shall be
five years.
(b)
APPLICANT SITE VISIT AND INTERVIEW. Petitioners shall participate in a site
visit and interview with Department staff and Charter Advisory Committee (CAC)
members as part of the petition review process.
1. The goal of the interview and site visit
is to gauge the petitioners' overall capacity to sustain operations of a
high-quality charter system with regard to academics, operations, governance
and finance.
2. The site visit and
interview shall demonstrate the following:
(i) The petitioner's need for broad
flexibility;
(ii) Possible
innovations and their expected impact; and
(iii) Engagement of all stakeholders and
maximization of local school level governance.
3. Representatives from stakeholder groups in
the community, including but not limited to, district and school staff, local
board members, parents, business and industry and other community members shall
participate in the site visit and interview.
(c) NOTIFICATION OF DEFICIENCIES. After
initial review by Department staff, the Department shall, in writing, notify
the Petitioners of any deficiencies associated with their petition. After this
notification, Petitioners may elect to:
1.
Clarify or provide supplemental information;
2. Revise and resubmit the petition to the
Department after securing necessary local board approval;
3. Withdraw the petition from consideration;
or
4. Have the original petition
submitted to the SBOE for a vote.
Unless all material deficiencies are addressed, Department
staff will submit the petition to the SBOE for a vote with a recommendation for
denial.
(d)
REQUIRED TRAINING. All charter systems shall develop and implement a
comprehensive training program. The Department reserves the right to require
petitioners to complete Department training prior to petition submission, if
and when such training is developed and becomes readily available to any
interested party. Any governance team member that fails to fulfill training
requirements shall not be allowed to serve on the governance team.
(3)
CHARTER SYSTEM PETITION
REQUIREMENTS.
(a) CHARTER SYSTEM
PETITIONS. All charter system petitions, including renewal charter system
petitions shall contain the following elements:
1. STATEMENT OF NEED AND INTENT. A
description of how the proposed charter system promotes the legislative intent
of the charter system initiative to "increase student achievement through
academic and organizational innovation," in accordance with O.C.G.A. §
20-2-2061. The statement of intent
must include a description of proposed innovations and their anticipated
academic or organizational impact.
2. STATEMENT REGARDING WAIVERS. A statement
that the system shall utilize the broad flexibility from law, rule, and
regulation permitted by O.C.G.A. §
20-2-2065(a).
Systems 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);
prohibiting the exclusion of students in dual credit courses from valedictorian
or salutatorian determinations pursuant to O.C.G.A. §
20-2-161.3(f)(4);
virtual instruction requirements of O.C.G.A. §
20-2-167.1; or school resource
officer training requirements of O.C.G.A. §
35-8-27. The statement shall
include an illustrative description of the system's anticipated waivers and the
innovations that each waiver will promote.
3. STATEMENT OF GOALS AND OBJECTIVES. The
petition must list and describe in detail the specific performance-based goals
and measurable objectives, which at a minimum shall include goals and
objectives that are related to the state and federal assessment standards,
measurable on at least an annual basis, attainable, and reflect 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 the specific performance-based goals and
measurable objectives may result in charter termination. The petition shall
also include a description of the specific actions the petitioner will take to
meet the performance-based goals.
4. SCHOOL LEVEL GOVERNANCE. A description of
how parents, members of the community including business and industry, and
teachers will be involved in school level governance. The petition shall
describe the following aspects of the local school governance teams: duties,
composition, how and when members shall be selected, trained, how long they
shall serve, how members may be removed from office, and how members shall
avoid conflicts of interests. Members of the local board and the superintendent
of the local school system are prohibited from serving on the local school
governance teams, unless otherwise stipulated by the Department. Local school
governance teams shall be comprised of a majority of parents and community
members who are not otherwise employed by the local district. The petition
shall also include a description of how the system will maximize school level
governance in accordance with these Guidelines and adescription of the
governing authority of each LSGT in each of the following areas: personnel
decisions, financial decisions and resource allocation, curriculum and
instruction, establishment and monitoring the achievement of school improvement
goals and school operations. For those decisions which are shared with other
LSGTs or central office staff, the charter petition shall articulate how each
LGST has input into those decisions and how that input will be taken into
account prior to final decision making.
5. DISTRICT SUPPORT. A description detailing
how the local district will ensure effective support of the charter system and
school level governance, including, what, if any, changes it will make to its
central office to ensure that the charter system and all system charter schools
are properly supported.
6. COLLEGE
AND CAREER ACADEMY. Any College and Career Academy (CCA) opened by or any
existing CCA included in the Charter System must meet the definition of a
College and Career Academy as defined in State Board Rule
160-4-9-.04, the Charter System must
notify the Department and the Technical College System of Georgia of the
opening, and the College and Career Academy must meet the following
requirements related to College and Career Academies:
(i) If an existing CCA is included in the
Charter System, then the current CCA's governing board would continue as the
governing board of the College and Career Academy, using its current by-laws
for operation and procedures for electing members;
(ii) Provide a Roles and Responsibilities
chart between the College and Career Academy governing board, the charter
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.
(iii) The district's charter system contract
shall include the College and Career Academy as an Essential or Innovative
Feature.
7. A local
board seeking to establish a college and career academy pursuant to its charter
system contract shall ensure the CCA has a governing board reflective of the
school community and the partnership with decision-making authority and that
governing board members complete seven (7) hours of initial and five (5) hours
of annual governance training. The training shall adhere to the Standards for
Effective Governance of Georgia College and Career Academies 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.
8.
ADDITIONAL INFORMATION. The petition may require additional information as
necessary. Such additional information may include, but is not limited to:
(i) The system's mission;
(ii) The focus of the curriculum;
(iii) Instructional methods to be used,
including any distinctive or unique instructional techniques or educational
programs to be employed; and
(iv) A
governance training timeline.
(b) RENEWAL OF CHARTER SYSTEMS. In addition
to the requirements above, petitions for charter system renewal must also
include data on the academic and organizational performance of the applicant
during the current charter term. Renewal applicants should demonstrate whether
they met, made progress toward, or did not meet their charter performance goals
by utilizing the Department's Performance Framework. Applicants that
demonstrate compliance with the law and Rules, in addition to meeting charter
performance goals, may warrant expedited renewal at the discretion of the
Department.
(c) Nothing in this
Rule shall be construed to prevent the establishment of a charter school as a
separate entity within an approved charter system, provided that the charter
school meets all other requirements of Rule and law.
(4)
CHARTER SYSTEM ACCOUNTABILITY
REQUIREMENTS.
(a) STUDENT PERFORMANCE.
All charter systems will be held accountable for student performance as
outlined in the charter system contract. Student performance may be measured by
the following:
1. The statewide accountability
system;
2. Expected student growth;
and
3. Progress toward other
charter goals.
(b)
FISCAL HEALTH. All charter systems will be held accountable for the fiscal
targets as outlined in the charter system contract. Fiscal targets may include,
but are not limited to, cash reserves and audit findings.
(c) SCHOOL CULTURE. All charter systems will
be held accountable for the school culture targets as outlined in the charter
system contract. School culture targets may include, but are not limited to,
student absenteeism, parental satisfaction and student discipline.
(d) MAXIMIZATION OF SCHOOL LEVEL GOVERNANCE.
All charter systems will be held accountable for maximizing school level
governance. Local school governance teams (LSGTs) must exercise decision-making
authority in each of the following categories and shall meet the minimum
requirements as described below:
1. Personnel
decisions - Charter systems shall develop processes to meaningfully engage
LSGTs in the selection of the principal or school leader. LSGTs shall recommend
the principal or school leader to the Superintendent for selection by the
LBOE;
2. Financial decisions and
resource allocation - LSGTs shall have input into the final recommendations for
the school budget, including number and type of personnel, curriculum costs,
supply costs, equipment costs and maintenance and operations costs;
3. Curriculum and Instruction - LSGTs shall
have input into the selection of the curriculum and accompanying materials
consistent with the district's Essential and Innovative Features as included in
the charter contract and the school's Improvement Plan;
4. Establishing and monitoring the
achievement of school improvement goals - LSGTs shall approve the school
improvement plan and provide oversight of its implementation; and
5. School operations - LSGTs shall have input
into school operations that are consistent with school improvement and charter
goals.
In addition to the minimum requirements set forth above, the
LBOE may grant each LSGT additional authority above the minimum. Although
constitutional authority remains with the LBOE, both the Superintendent and
LBOE shall give due consideration to recommendations and input from the LSGTs.
Charter systems shall create processes that allow for meaningful input from
LSGTs.
(e)
VIRTUAL INSTRUCTION COSTS. All charter systems that provide virtual instruction
through 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 will be held accountable for ensuring that ninety (90) percent of QBE
funds for these students are expended on virtual instruction costs in
accordance with O.C.G.A. §
20-2-167.1.
(f) ANNUAL TRAINING. All charter systems will
be held accountable for providing annual training to the following:
1. LSGT members - shall be trained in the
roles and responsibilities of the LSGT;
2. Principals - shall be trained on how to
work with the LSGT;
3. LBOE members
- shall be trained on what it means to be a charter system and the maximization
of school-level governance;
4.
Essential central office staff - shall be trained on the role of central office
in supporting the charter system and empowering LSGTs; and
5. Superintendent - shall be trained on what
it means to be a charter system, the maximization of school-level governance,
and relationship management between principals, LSGTs and the LBOE.
(g) ANNUAL OPERATING BUDGET.
Pursuant to O.C.G.A. §
20-2-167.1, the LBOE 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 LBOE'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 LBOE's website until the annual operating budget for the
next fiscal year is adopted by the LBOE.
2. Upon request, the LBOE 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 LBOE 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.
(h) FINANCIAL INFORMATION. Pursuant to
O.C.G.A. §
20-14-46(c),
charter systems shall post in a prominent location on its website a link to
where the financial information listed in subsections (a), (b), and (c)(1)
through (c)(5) of the Code section can be found. This financial information
includes the charter system's annual budget, personnel report, audits, and
audit findings.
(i) ANNUAL REPORT.
All charter systems shall submit an Annual Report no later than November 1 each
year. The Department shall establish timelines, formatting requirements and
other requirements annually in accordance with O.C.G.A. §
20-2-2067.1.
(j) MANAGEMENT OF CHARTER SYSTEM CONTRACT.
1. Pursuant to O.C.G.A. §
20-14-45, the terms of a charter
system contract may be amended for the purpose of agreeing to receive
assistance for system charter schools identified as turnaround eligible schools
as defined in the Code section.
2.
If a local board of education does not sign an amendment within 60 days or
declines to sign an amendment, the State Board of Education shall, within 60
days, either implement one or more of the interventions specified in O.C.G.A. §
20-14-41(a)(6)
for the school(s) identified as turnaround
eligible, or terminate the charter system contract as allowed by the contract
terms.
(k) All charter
systems will be held accountable for compliance with any other requirements as
described in law or the charter contract.
(6)
CHARTER ADVISORY
COMMITTEE ROLE.
(a) CHARTER POLICY. The
Charter Advisory Committee may make recommendations on charter policy.
Recommendations shall be approved by a majority vote of the Committee and shall
be forwarded to the Department in writing.
(b) PETITION REVIEW. The Committee shall
participate in the charter petition review process as applicable. At their
discretion, the Department shall organize opportunities for the Committee to
participate and provide feedback.
(c) RECOMMENDATIONS ON CHARTER APPLICATIONS.
The Committee shall make a recommendation of approval or denial of each charter
system applicant. Recommendations shall be approved by a majority vote of the
Committee and shall be forwarded to the Department in writing.
(d) CONSULTANTS. From time to time and in
cooperation with the Department, the Committee may contract through the
Department with consultants to provide support to both potential and approved
charter systems.