Amendment of Terms of Charter for Charter School; Initial Term of Charter; Annual Report

  1. Law
  2. Georgia Code
  3. Education
  4. Elementary and Secondary Education
  5. Charter Schools Act of 1998
  6. Amendment of Terms of Charter for Charter School; Initial Term of Charter; Annual Report

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  1. The terms of a charter for a local charter school may be amended during the term of the charter upon the approval of the local board, the state board, and the charter school. The terms of a charter for a state chartered special school may be amended during the term of the charter upon the approval of the state board and the charter school. The terms of a charter for a charter system may be amended during the term of the charter upon approval of the state board and the local board.
  2. The initial term of a charter, except for a charter system or a local charter school that has transferred its authorization to the State Charter Schools Commission pursuant to subsection (b) of Code Section 20-2-2063.3, shall be for a minimum of five years, unless the petitioner shall request a shorter period of time, and shall not exceed ten years. The local board and the state board, in accordance with Code Section 20-2-2064.1 and subject to the provisions of Code Section 20-2-2063.3, may renew a local charter, upon the request of the charter school, for the period of time specified in the request, not to exceed ten years. The state board may renew a state chartered special school, upon the request of the school, for the period of time specified in the request, not to exceed ten years. The initial term of a charter for a charter system shall not exceed six years. The state board may renew the charter of a charter system, upon the request of the local board, for the period of time specified in the request, not to exceed ten years.
  3. Each start-up and conversion charter school and each charter system shall submit an annual report outlining the previous year's progress to the authorizing local board or state board, as appropriate; to parents and guardians of students enrolled in the school, or, for a charter system, to parents and guardians of students enrolled in school within the local school system; and to the Department of Education no later than November 1 of each year. The report submitted by a charter system shall include, but not limited to, data on all of its system charter schools. The report shall contain, but is not limited to:
    1. An indication of progress toward the goals as included in the charter;
    2. Academic data for the previous year, including state academic accountability data, such as standardized test scores;
    3. Unaudited financial statements for the fiscal year ending on June 30, provided that audited statements will be forwarded to the local board and state board upon completion;
    4. Updated contact information for the school and the administrator, and for charter systems, each system charter school and its respective administrator;
    5. Proof of current nonprofit status, if applicable;
    6. Any other supplemental information that the charter school or charter system chooses to include or that the state board requests that demonstrates that school or system's success; and
    7. For charter systems:
      1. A description of:
        1. The actual authority exercised by governing councils with regard to each of the components of school level governance listed in paragraph (12.1) of Code Section 20-2-2062;
        2. Training received by governing councils and school administrators; and
        3. Steps, if any, the charter system plans to take to increase school level governance in the future;
      2. An itemization of initiatives being supported with the additional funding received by the charter system pursuant to Code Section 20-2-165.1 and how those funds have promoted school level governance or improved student achievement;
      3. A comparison of actual performance versus the performance based goals for the charter system set forth in the charter pursuant to Code Section 20-2-2065;
      4. The name and contact information of an employee of the charter system that can facilitate communications between the Office of Charter School Compliance and the chairpersons of the governing councils in the charter system; and
      5. An on-site external evaluation of the charter system at least once every five years, as determined by the state board.

(Code 1981, §20-2-2067.1, enacted by Ga. L. 2002, p. 388, § 1; Ga. L. 2005, p. 798, § 14/SB 35; Ga. L. 2007, p. 185, § 10/SB 39; Ga. L. 2013, p. 1061, § 29/HB 283; Ga. L. 2015, p. 1376, § 41/HB 502; Ga. L. 2017, p. 75, § 3-4/HB 338; Ga. L. 2017, p. 105, § 2/HB 430.)

The 2015 amendment, effective July 1, 2015, in subsection (c), substituted "November 1" for "October 1" at the end of the first sentence.

The 2017 amendments. The first 2017 amendment, effective July 1, 2017, substituted "six years" for "five years" at the end of the next-to-last sentence of subsection (b). The second 2017 amendment, effective July 1, 2017, in subsection (b), inserted "or a local charter school that has transferred its authorization to the State Charter Schools Commission pursuant to subsection (b) of Code Section 20-20-2063.3" in the middle of the first sentence, and inserted "and subject to the provisions of Code Section 20-2-2063.3" near the middle of the second sentence.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2005, in subsection (b), "Code Section 20-2-2064.1," was substituted for "Code Section 20-2-2064.1." in the second sentence; in the introductory language in subsection (c), a semicolon was substituted for a comma; and, in paragraph (c)(1), "toward" was substituted for "towards".

Law reviews.

- For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 169 (2017). For note on 2007 amendment of this Code section, see 24 Ga. St. U.L. Rev. 121 (2007).


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