GA Code § 20-14-41 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 14 - Education Accountability|Article 2 - Education Accountability Assessment Programs|Part 3 - Accountability Assessment|§ 20-14-41. Appropriate Levels of Intervention for Failing Schools; Master or Management Team; School Improvement Team; Annual Reports; Data Revision; Hearing

  The State Board of Education shall by policies, rules, or regulations establish a coherent and sustained system of assistance and support for schools not meeting identified levels of achievement or not showing specified levels of progress as determined by the office. The State Board of Education shall by policies, rules, or regulations specify appropriate levels of assistance and intervention for schools that receive an unacceptable rating on student achievement, achievement gap closure, or student progress, or any combination thereof. In specifying levels of assistance and intervention, the State Board of Education shall consider the number of years a school has received an unacceptable rating and may include one or more of the following interventions:   Issuing public notice of the deficiency to the local board of education;   Ordering a hearing to be conducted at the school by the local board of education with the participation of the school council for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the office, and the interventions that may be imposed under this Code section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance;   Ordering the preparation of an intensive student achievement improvement plan that addresses each academic excellence indicator for which the school's performance is unacceptable, the submission of the plan to the State Board of Education for approval, and implementation of the plan;   Appointing a Department of Education school improvement team to:   Conduct a comprehensive on-site evaluation of each low-performing school to determine the cause for the school's low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel;   Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, professional learning focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, instructional strategies based on scientifically based research, waivers from state statutes or rules, adoption of policies and practices to ensure all groups of students meet the state's proficiency level, extended instruction time for low-performing students, strategies for parental involvement, incorporation of a teacher mentoring program, smaller class size for low-performing students, or other actions the team considers appropriate;   Assist in the development of an intensive school improvement plan focused on student achievement required by paragraph (3) of this subsection; and   Monitor the progress of the school in implementing the intensive school improvement plan focused on student achievement;     If a school has received an unacceptable rating for a period of two consecutive years or more, appointing a school master or management team to oversee and direct the duties of the principal of the school in relation to the school until school performance improves and the school is released from intervention by the director, with the cost of the master or management team to be paid by the state; or   If a school has received an unacceptable rating for a period of three consecutive years or more, the State Board of Education shall, subject to the provisions of subsection (f) of this Code section, implement one or more of the following interventions or sanctions:   Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a three-year period as a condition for continued receipt of state funds for administration;   Allow for the implementation of a state charter school through the designation by the State Board of Education;   Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years;   Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student from a list of available options provided by the local school system. The local school system shall provide transportation for students in Title I schools in accordance with the requirements of federal law. The local school system may provide transportation for students in non-Title I schools. In any year in which the General Assembly does not appropriate funds for the provision of transportation to non-Title I students, the parent or guardian shall assume responsibility for the transportation of that student;   Mandate a monitor, master, or management team in the school that shall be paid by the district;   Continue the intensive student achievement improvement plan provided for in paragraph (3) of this subsection; or   Mandate a complete restructuring of the school's governance arrangement and internal organization of the school.       If a school has received an unacceptable rating for a period of two consecutive years or more, the following interventions shall be imposed, subject to the provisions of subsection (f) of this Code section, in accordance with rules and regulations established by the State Board of Education and in addition to any other interventions imposed by the State Board of Education pursuant to subsection (a) of this Code section:   Mandated public school choice;   Specified maximum class sizes; and   Site based expenditure controls.  At its discretion, the State Board of Education shall also be authorized to impose additional restrictions or mandates on schools subject to this subsection, as deemed appropriate by the State Board of Education and in accordance with its rules and regulations.      The State Board of Education shall clearly define the powers and duties of a master or management team appointed to oversee the operations of a school.   A school improvement team appointed under this Code section may consist of currently employed or retired teachers, principals, other educational professionals, Department of Education school improvement employees, or local school superintendents recognized for excellence in their roles and appointed by the State Board of Education to serve as members of a team.   The State Board of Education shall annually report by October 31 of each year the status of the interventions imposed on low-performing schools to the office with recommendations regarding ending, extending, or upgrading the interventions on those schools. The director shall review and respond to the report.   Before the implementation of any interventions for a school that has received an unacceptable rating for two years or three years, the local board of education for such school shall have an opportunity to examine the data which form the basis for the intervention or interventions and to provide any correction, explanation, or supplement to such data. The department shall determine whether to accept or reject any revision in the data proposed by the local board. The department shall subsequently intervene or not in accordance with the department's determination of the data.   A local board of education may request an opportunity for a hearing before the state board to show cause why an intervention or interventions should not be required. An intervention shall not be stayed pending the hearing or the determination of the state board. The determination of the state board shall be the final decision.     The Chief Turnaround Officer shall prepare an annual report detailing the schools that have received an unacceptable rating for one or more consecutive years and the interventions applied to each such school pursuant to this Code section.   The Chief Turnaround Officer shall provide the annual report no later than December 31 for the previous academic year to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairpersons of the House Committee on Education and the Senate Education and Youth Committee, and the Education Turnaround Advisory Committee.       (Code 1981, §20-14-41, enacted by Ga. L. 2000, p. 618, § 93; Ga. L. 2004, p. 107, § 21; Ga. L. 2005, p. 798, § 21/SB 35; Ga. L. 2012, p. 341, § 4/SB 410; Ga. L. 2017, p. 75, § 3-5/HB 338; Ga. L. 2020, p. 62, § 2-3/SB 68.)    The 2017 amendment,  effective July 1, 2017, added subsection (h).    The 2020 amendment,  effective July 1, 2021, substituted "Chief Turnaround Officer" for "State Board of Education" in paragraphs (h)(1) and (h)(2), substituted "this Code section" for "Section 20-14-41" at the end of paragraph (h)(1), and deleted a comma following "year" in paragraph (h)(2).   Editor's notes.   - The constitutional amendment proposed in Ga. L. 2015, p. 92, § 2/SB 133, which would have repealed this Code section, was defeated in the general election held November 8, 2016.   Ga. L. 2015, p. 92, § 2/SB 133 provides for the repeal of this Code section, effective January 1, 2017, only if an amendment to the Constitution is ratified at the November, 2016, general election expressly allowing the General Assembly to authorize the establishment of an Opportunity School District to provide for state intervention for failing schools.   Ga. L. 2015, p. 92, § 6/SB 133, not codified by the General Assembly, provides: "(a) This Act shall become effective on January 1, 2017, only if an amendment to the Constitution is ratified at the November, 2016, general election expressly allowing the General Assembly to authorize the establishment of an Opportunity School District to provide for state intervention for failing schools.   "(b) If such an amendment to the Constitution is not so ratified, then this Act shall not become effective and shall stand repealed by operation of law on January 1, 2017."   Ga. L. 2017, p. 75, § 1-1/HB 338, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'First Priority Act - Helping Turnaround Schools Put Students First.'"   Law reviews.   - For article on the 2015 proposed repeal of this Code section, see 32 Ga. St. U.L. Rev. 115 (2015). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 169 (2017). For note and comment, "School Choice: Constitutionality and Possibility in Georgia," see 24 Ga. St. U.L. Rev. 587 (2007).