GA Code § 20-2-2068 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 2 - Elementary and Secondary Education|Article 31 - Charter Schools Act of 1998|§ 20-2-2068. Termination of a Charter

  The state board may terminate a charter under the following circumstances:     If a majority of the parents or guardians of students enrolled at the charter school vote by a majority vote to request the termination of its charter at a public meeting called with two weeks' advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void; or   If a majority of the faculty and instructional staff employed at the charter school vote by a majority vote to request the termination of its charter at a public meeting called with two weeks' advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void.  This paragraph shall not apply to system charter schools;      If, after providing reasonable notice to the charter school or charter system, as applicable, and an opportunity for a hearing, the state board finds through its own audit or through other means:   A failure to comply with any recommendation or direction of the state board with respect to Code Section 20-14-41;   A failure to adhere to any material term of the charter, including but not limited to the performance goals set forth in the charter;   For a charter system, a failure to promote school level governance as required by the charter;   A failure to meet generally accepted standards of fiscal management;   A violation of applicable federal, state, or local laws or court orders;   The existence of competent substantial evidence that the continued operation of the charter school or charter system would be contrary to the best interests of the students or the community; or   A failure to comply with any provision of Code Section 20-2-2065; or     Upon the written request of a local board for termination of a charter for a local charter school located within its school system if, prior to making such request, the local board provided reasonable notice to the charter school and an opportunity for a hearing, and determined the existence of any of the grounds described in paragraph (2) of this Code section.     For a system charter school, if the school council or governing council, as applicable, at such school within the charter system requests that:   The system charter be terminated; or   The system charter be amended with respect to such system charter school,  the state board, after providing reasonable notice to the charter system and the system charter school, shall conduct a hearing. Based on the findings of the hearing, the state board may enter into negotiations with the charter system to amend the charter to address the concerns of the requesting system charter school. If negotiations fail and the state board finds good cause, the state board shall be authorized to terminate the system charter or to amend the system charter with respect to the requesting system charter school; provided, however, that the local board shall be authorized to terminate the system charter if it is unwilling to accept the amendments to such charter by the state board.The term "good cause" includes but is not limited to a local board's failure to comply with its obligations and duties under the system charter, state board rules, or other applicable law, or other good cause as determined in the sole discretion of the state board.        (Code 1981, §20-2-2068, enacted by Ga. L. 1998, p. 1080, § 3; Ga. L. 1999, p. 81, § 20; Ga. L. 2002, p. 388, § 1; Ga. L. 2007, p. 185, § 11/SB 39; Ga. L. 2008, p. 324, § 20/SB 455; Ga. L. 2013, p. 1061, § 30/HB 283; Ga. L. 2015, p. 92, § 5/SB 133.)    The 2015 amendment,  substituted "any intervention prescribed by the state board pursuant to the charter" for "Code Section 20-14-41" at the end of subparagraph (a)(2)(A). For effective date of this amendment, see the Editor's note.   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."   The constitutional amendment proposed in Ga. L. 2015, p. 92, § 6/SB 133, which would have revised subparagraph (a)(2)(A) to read as follows: "(A) A failure to comply with any recommendation or direction of the state board with respect to any intervention prescribed by the state board pursuant to the charter;", was defeated in the general election held November 8, 2016.   Law reviews.   - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 115 (2015). For note on 2007 amendment of this Code section, see 24 Ga. St. U.L. Rev. 121 (2007).   JUDICIAL DECISIONS   Charter school's action against school district not barred by immunity.    - By its terms, O.C.G.A. § 20-2-2062(1) incorporated the provisions of the Charter Schools Act, O.C.G.A. § 20-2-2060 et seq., into a charter agreement between a charter school and the county school district; because Ga. Const. 1983, Art. I, Sec. II, Para. IX(c) waived sovereign immunity for contract actions, the charter school's breach of contract action arising out of alleged funding deficiencies was not subject to dismissal. Cobb County Sch. Dist. v. Learning Ctr. Found. of Central Cobb, 348 Ga. App. 66, 821 S.E.2d 127 (2018), cert. denied, No. S19C0442, 2019 Ga. LEXIS 558 (Ga. 2019).   OPINIONS OF THE ATTORNEY GENERAL    State charter schools could qualify for state grants pursuant to former subsection (d) of O.C.G.A. § 20-2-2068, and a local system was required to treat a state charter school no less favorably than other local schools located within the applicable school system. 2001 Op. Att'y Gen. No. 2001-9.