Review of Charter by State Board; Charters for State Chartered Special Schools

  1. Law
  2. Georgia Code
  3. Education
  4. Elementary and Secondary Education
  5. Charter Schools Act of 1998
  6. Review of Charter by State Board; Charters for State Chartered Special Schools

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  1. Prior to approval or denial of a charter petition under this Code section, the state board shall receive and give all due consideration to the recommendation and input from the Charter Advisory Committee established in Code Section 20-2-2063.1.
  2. The state board shall approve the charter of a charter petitioner if the petition has been approved by the local board of the local school system in which the proposed charter school will be located and the state board finds, after receiving input from the Charter Advisory Committee, that the petition complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If the state board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with regard to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner and to the local board.
  3. No application for a state chartered special school may be made to the state board by a petitioner for a conversion charter school that has been denied by a local board. Upon denial of a petition for a start-up charter school by a local board and upon application to the state board by the petitioner, the state board shall approve the charter of a start-up charter petitioner for a state chartered special school if the state board finds, after receiving input from the Charter Advisory Committee, that such petition meets the requirements set forth in Code Section 20-2-2063 and the provisions of this title, and is in the public interest.

(Code 1981, §20-2-2064.1, enacted by Ga. L. 2002, p. 388, § 1; Ga. L. 2005, p. 798, § 11/SB 35; Ga. L. 2007, p. 185, § 7/SB 39.)

Editor's notes.

- Ga. L. 2007, p. 185, § 1/SB 39, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Charter Systems Act.'"

Ga. L. 2007, p. 185, § 2/SB 39, not codified by the General Assembly, provides: "The General Assembly finds that schools and school systems should be given high flexibility to tailor their educational programs to meet the unique needs of their communities. In furtherance of this, schools and school systems should be encouraged to use innovative educational programs including local management of schools and should be provided resources to help design and implement innovative programs. The General Assembly further finds that schools and school systems shall be held accountable for student achievement."

OPINIONS OF THE ATTORNEY GENERAL

State charter granted under subsection (d)(1) (now subsection (b)) of O.C.G.A. § 20-2-2064.1 must meet the same requirements and definitions as other charter schools in the Charter Schools Act, O.C.G.A. § 20-2-2060 et seq. 2001 Op. Att'y Gen. No. 2001-9.


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