reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 29 - INTERLOCAL RISK MANAGEMENT AGENCY (§§ 20-2-2001 — 20-2-2020) › Section 20-2-2017 - Remedies of aggrieved parties

Any party which is aggrieved by any act, determination, order, or any other action of the Commissioner taken pursuant to this article may request a hearing before the Commissioner or otherwise proceed in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 29 - INTERLOCAL RISK MANAGEMENT AGENCY (§§ 20-2-2001 — 20-2-2020) › Section 20-2-2018 - Excess loss funding program; condition for certificate of authority

(a)
An interlocal risk management agency shall maintain at all times an excess loss funding program acceptable to the Commissioner. An excess loss funding program may consist of excess insurance, self-funding from unobligated surplus of a fund, any combination of such excess insurance or self-funding, or any other funding program acceptable to the Commissioner.
(b)
The excess loss funding program of an agency shall be approved by the Commissioner as a condition to the issuance and maintenance of a certificate of authority of any agency which establishes a fund or funds authorized pursuant to this article. An agency may be permitted to purchase excess insurance:
(1)
From insurers authorized to transact business in this state; or
(2)
From approved surplus lines carriers.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 29 - INTERLOCAL RISK MANAGEMENT AGENCY (§§ 20-2-2001 — 20-2-2020) › Section 20-2-2019 - Annual audit

Each fund established under this article shall have an annual audit of its books and accounts performed by a certified public accountant. Such audit shall be conducted in accordance with generally accepted accounting principles. A copy of such audit shall be made available to fund members.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 29 - INTERLOCAL RISK MANAGEMENT AGENCY (§§ 20-2-2001 — 20-2-2020) › Section 20-2-2020 - Sovereign immunity not waived

The exercise by a board of education or school system of the authority provided in this article shall not constitute the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution of the State of Georgia. The participation by a board of education or school system as a member of an agency authorized by this chapter shall not constitute the obtaining of liability insurance and no sovereign immunity of a board of education or school system shall be waived on account of such participation.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 30 - "MULTIRACIAL" CLASSIFICATION (§§ 20-2-2040 — 20-2-2041) › Section 20-2-2040 - "Multiracial" defined

As used in this article, the term "multiracial" means having parents of different races.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 30 - "MULTIRACIAL" CLASSIFICATION (§§ 20-2-2040 — 20-2-2041) › Section 20-2-2041 - "Multiracial" classification required on forms

(a)
All written forms, applications, questionnaires, and other written documents or materials produced by or for or used by any public elementary or secondary school in the state which request information on the racial or ethnic identification of a respondent and which contain a list of racial and ethnic classifications from which such respondent must select one shall include among their choices the classification "multiracial."
(b)
No such written document or computer software described in subsection (a) of this Code section shall bear the designation "other" as a racial or ethnic classification after July 1, 1994, unless such document was printed and in stock before July 1, 1994.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31 - CHARTER SCHOOLS ACT OF 1998 (§§ 20-2-2060 — 20-2-2077) › Section 20-2-2060 - Short title

This article shall be known and may be cited as the "Charter Schools Act of 1998."
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31 - CHARTER SCHOOLS ACT OF 1998 (§§ 20-2-2060 — 20-2-2077) › Section 20-2-2061 - Legislative intent

It is the intent of the General Assembly to increase student achievement through academic and organizational innovation by encouraging local school systems to utilize the flexibility of a performance based contract called a charter.
Amended by 2005 Ga. Laws 155,§ 6, eff. 7/1/2005.
Amended by 2004 Ga. Laws 449, § 19, eff. 5/4/2004.
Amended by 2002 Ga. Laws 457, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31 - CHARTER SCHOOLS ACT OF 1998 (§§ 20-2-2060 — 20-2-2077) › Section 20-2-2063 - Charter petitions

(a)
The State Board of Education shall promulgate rules, regulations, policies, and procedures to govern the contents of a charter petition.
(b)
The State Board of Education shall establish rules, regulations, policies, and procedures to provide for the receipt of charter petitions from a group of two or more local schools as a single charter petitioner to convert to conversion charter school status. An existing conversion charter school may join as part of a group charter petition, and if such group charter petition is approved, the new charter shall supersede the conversion charter school's previous charter. A group charter petition may be comprised of all the schools in a high school cluster as such term is defined in Code Section
20-2-2062
.
(c)
The State Board of Education shall establish rules, regulations, policies, and procedures to provide for charter petitions from two or more local school systems to jointly authorize a local charter school.
(d)
The State Board of Education shall establish rules, regulations, policies, and procedures to provide for a charter petition from a local school system to establish a charter system. Such rules, regulations, policies, and procedures shall require that a charter petition and the charter contain an explanation of the structure, rights, and responsibilities of the principal, governing council, and local board of education of the system charter school, with an objective of maximizing school level governance and the involvement of parents, teachers, and community members in such governance.
Amended by 2007 Ga. Laws 116,§ 4, eff. 7/1/2007.
Amended by 2005 Ga. Laws 155,§ 9, eff. 7/1/2005.
Amended by 2002 Ga. Laws 457, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31 - CHARTER SCHOOLS ACT OF 1998 (§§ 20-2-2060 — 20-2-2077) › Section 20-2-2063.1 - Charter Advisory Committee established; members; duties

(a)
The state board shall establish a Charter Advisory Committee to review charter petitions for compliance with established standards of the state board, to make recommendations to the state board on charter policy, and to provide recommendations to the state board regarding charter petitions. The committee shall be composed of nine members as follows:
(1)
Three members appointed by the chairperson of the state board;
(2)
Three members appointed by the Lieutenant Governor; and
(3)
Three members appointed by the Speaker of the House of Representatives.
All members shall serve at the pleasure of their respective appointing officials. The committee shall elect a chairperson from among its membership.
(b)
The committee shall conduct itself in accordance with any rules and guidelines established by the state board with regard to timeframes, procedures, and protocol.
(c)
The committee shall be authorized to request clarifying information from a charter petitioner and to receive input from interested parties on a charter petition.
(d)
The committee shall:
(1)
Make recommendations to the state board of approval or denial on each charter petition and shall specify the reasons for such recommendations;
(2)
Periodically make recommendations to the state board regarding charter policy; and
(3)
Make recommendations to the state board on the disbursement of planning grants for charter systems, if funds are made available.
(e)
The committee shall be authorized to enter into contracts, subject to available funding, with one or more consultants to assist the committee in its duties and if directed to do so by the committee, to do the following:
(1)
Assist charter petitioners in the drafting of their petitions;
(2)
Assist charter petitioners in the design and implementation of innovative education programs and school level governance based on research, model programs, or other credible information;
(3)
Monitor and assist charter schools and charter systems; and
(4)
Perform any other functions related to the support of the committee.
(f)
The committee shall work in cooperation with the Office of Charter School Compliance, as established pursuant to subsection (a) of Code Section
20-2-2069
.
(g)
The members of the committee shall receive no compensation for their services but shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties.
(h)
The committee shall be assigned to the Department of Education for administrative purposes only, as prescribed in Code Section
50-4-3
.
Amended by 2024 Ga. Laws 459,§ 2, eff. 7/1/2024.
Added by 2007 Ga. Laws 116,§ 5, eff. 7/1/2007.
Repealed by 2005 Ga. Laws 155,§ 10, eff. 7/1/2005.
Added by 2004 Ga. Laws 449, § 19A, eff. 5/4/2004.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31 - CHARTER SCHOOLS ACT OF 1998 (§§ 20-2-2060 — 20-2-2077) › Section 20-2-2064.1 - Review of charter by state board; charters for state chartered special schools

(a)
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
.
(b)
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.
(c)
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.
Amended by 2007 Ga. Laws 116,§ 7, eff. 7/1/2007.
Amended by 2005 Ga. Laws 155,§ 11, eff. 7/1/2005.
Added by 2002 Ga. Laws 457, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31 - CHARTER SCHOOLS ACT OF 1998 (§§ 20-2-2060 — 20-2-2077) › Section 20-2-2067 - Reprisals by local boards or school system employees prohibited

A local board of education or a school system employee who has control over personnel actions shall not take unlawful reprisal against another employee of the school system because such other employee is directly or indirectly involved with a petition to establish a charter school. A local board of education or a school system employee shall not take unlawful reprisal against an educational program of any school or school system because a petition to establish a charter school proposes the conversion of such educational program to a charter school. As used in this Code section, the term "unlawful reprisal" means an action taken by a local board of education or a school system employee as a direct result of a lawful petition to establish a charter school which action is adverse to another employee and which is not lawfully taken in response to any action or behavior of such employee or is adverse to an educational program of the school or the school system and:
(1)
With respect to such other employee, results in one or more of the following:
(A)
Disciplinary or corrective action;
(B)
Transfer or reassignment, whether temporary or permanent;
(C)
Suspension, demotion, or dismissal;
(D)
An unfavorable performance evaluation;
(E)
A reduction in pay, benefits, or awards;
(F)
Elimination of the employee's position without a reduction in force by reason of lack of moneys or work; or
(G)
Other significant changes in duties or responsibilities that are inconsistent with the employee's salary or employment classification; or
(2)
With respect to an educational program, results in one or more of the following:
(A)
Suspension or termination of the educational program;
(B)
Transfer or reassignment of the educational program to a less favorable department;
(C)
Relocation of the educational program to a less favorable site within the school or school system; or
(D)
Significant reduction or termination of funding for the educational program, unless necessitated by unfunded mandates from federal or state decisions which result in a significant reduction in funds available to the local board of education and which result in a proportionate loss of funding for all schools in the system.
Amended without change by 2002 Ga. Laws 457, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31 - CHARTER SCHOOLS ACT OF 1998 (§§ 20-2-2060 — 20-2-2077) › Section 20-2-2069 - Office of Charter School Compliance

(a)
There is established within the State Charter Schools Commission an Office of Charter School Compliance, which shall be staffed with personnel as provided for in subsection (d.1) of Code Section
20-2-2082
, who shall report directly to the State Board of Education for purposes of this subsection. The responsibilities of such office shall be to:
(1)
Prepare charter school guidelines to be approved by the state board;
(2)
Distribute charter school petition information to inquiring parties;
(3)
Process all charter school petitions and coordinate with the Charter Advisory Committee established pursuant to Code Section
20-2-2063.1
to facilitate its review and recommendations to the state board;
(4)
Administer any state or federal charter school implementation grant program;
(5)
Contract with an independent party to evaluate the performance of charter schools , as such performance relates to fulfilling the terms of their charters;
(6)
Compile information necessary to produce the annual report required by Code Section
20-2-2070
; and
(7)
Assist local school systems as charter school authorizers as challenges arise, support local school systems as needed to implement best practices in charter school authorization, and regularly engage with local school systems to promote charter school authorization at the local level.
(b)
There is established within the Department of Education an Office of District Flexibility, the responsibilities of which shall be to:
(1)
Prepare charter system guidelines to be approved by the state board;
(2)
Distribute charter system petition information to inquiring parties;
(3)
Process all charter system petitions and coordinate with the Charter Advisory Committee established pursuant to Code Section
20-2-2063.1
to facilitate its review and recommendations to the state board;
(4)
Administer any state or federal charter school implementation grant program;
(5)
Contract with an independent party to evaluate the performance of charter systems, as such performance relates to fulfilling the terms of their charters; and
(6)
Compile information necessary to produce the annual report required by Code Section
20-2-2070
.
Amended by 2024 Ga. Laws 459,§ 6, eff. 7/1/2024.
Amended by 2007 Ga. Laws 116,§ 14, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31 - CHARTER SCHOOLS ACT OF 1998 (§§ 20-2-2060 — 20-2-2077) › Section 20-2-2070 - Annual report to General Assembly

The state board shall report to the General Assembly no later than December 31 of each year on the status of the charter school program.
Amended by 2005 Ga. Laws 155,§ 17, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31 - CHARTER SCHOOLS ACT OF 1998 (§§ 20-2-2060 — 20-2-2077) › Section 20-2-2071 - Validity of charters in effect on July 1, 1998

Any charter which was granted pursuant to Code Section
20-2-255
and is in effect on July 1, 1998, shall continue to be valid until such charter expires according to its terms.
Code Section 20-2-255 has been repealed.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31 - CHARTER SCHOOLS ACT OF 1998 (§§ 20-2-2060 — 20-2-2077) › Section 20-2-2072 - Training for governing board members

The members of the governing board of the nonprofit organization of each charter school shall participate in initial training for boards of newly approved charter schools and annual training thereafter, conducted or approved by the state board. The state board shall provide for or approve such initial and annual training. For charter schools that are college and career academies, as defined in subsection (b) of Code Section
20-4-37
, the state board shall provide or approve such training in conjunction with the Technical College System of Georgia. The training shall include, but not be limited to, best practices on school governance, the constitutional and statutory requirements relating to public records and meetings, and the requirements of applicable statutes and rules and regulations. The training shall also include two to three hours annually regarding sound fiscal management and monitoring the implementation of the budget in accordance with state laws and regulations which includes the following elements:
(1)
Board developed policies to ensure sound fiscal management, including but not limited to: balanced budget requirements, spending level authorizations and permissions, deficit spending restrictions, establishment of special funds, and reserve maintenance requirements;
(2)
Holding the principal, or its equivalent, accountable for the implementation of the budget in a manner consistent with the school's strategic plan;
(3)
Establishing through policy, the level of spending beyond the budget for which the school leader must seek board approval;
(4)
Monitoring the school's audits, monthly financial reports, and additional financial reports needed to make informed decisions and to ensure execution of the budget in a manner consistent with the strategic plan and strategic goals of the school;
(5)
Reviewing and addressing annually audited financial records and audit findings, with a goal of proactively preventing audit exceptions;
(6)
Addressing fiscal matters in a manner consistent with state law, sound business practice, and ethical principles regarding conflicts of interest; and
(7)
Operating in a manner such that the board's financial decisions and actions do not provide unfair financial or other opportunistic advantages to any member of the governance board, their family members, associates, or individual constituents.
Amended by 2016 Ga. Laws 525,§ 1, eff. 7/1/2016.
Added by 2014 Ga. Laws 493,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31 - CHARTER SCHOOLS ACT OF 1998 (§§ 20-2-2060 — 20-2-2077) › Section 20-2-2073 - Charter schools financial management certification program

The State Board of Education shall establish a charter schools financial management certification program for charter school leaders and personnel who are responsible for the school's budget, accounting, payroll processing, purchasing, and ensuring the school's financial policies are in line with state and federal laws and best practices.
Added by 2016 Ga. Laws 525,§ 2, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31 - CHARTER SCHOOLS ACT OF 1998 (§§ 20-2-2060 — 20-2-2077) › Section 20-2-2074 - Simultaneous service of certain officers prohibited

The principal, or its equivalent, for a charter school shall not serve simultaneously as the chief financial officer, or its equivalent, for the charter school.
Added by 2016 Ga. Laws 525,§ 2, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31 - CHARTER SCHOOLS ACT OF 1998 (§§ 20-2-2060 — 20-2-2077) › Section 20-2-2075 - Grant program for replicating high-performing charter schools

(a)
The State Board of Education is authorized to establish a grant program for the purpose of replicating high-performing charter schools, including local charter schools, state chartered special schools, and state charter schools. The grant program shall include funding, subject to appropriations by the General Assembly, for grants to charter applicants and existing charter schools to replicate high-performing charter schools or features or programs of high-performing charter schools that have been proven to be effective.
(b)
Grants shall be provided primarily for charter schools in rural areas, charter schools that primarily serve students with special needs, and charter schools that serve educationally disadvantaged students.
(c)
Grants shall be awarded based on criteria, terms, and conditions established by the State Board of Education, in consultation with the State Charter Schools Commission. The grant program criteria may take into account the likelihood of success in replicating a high-performing charter school or feature or program of a high-performing charter school, whether a particular model lends itself to replication, the reasonableness of the costs involved in replication, and such other criteria deemed appropriate.
(d)
The State Board of Education, in consultation with the State Charter Schools Commission, is authorized to develop rules and regulations to implement the grant program established pursuant to this Code section.
Added by 2018 Ga. Laws 425,§ 6A, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31 - CHARTER SCHOOLS ACT OF 1998 (§§ 20-2-2060 — 20-2-2077) › Section 20-2-2076 - [Repealed]

Repealed by 2022 Ga. Laws 769,§ 4, eff. 7/1/2022.
Added by 2018 Ga. Laws 425,§ 7, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31 - CHARTER SCHOOLS ACT OF 1998 (§§ 20-2-2060 — 20-2-2077) › Section 20-2-2077 - [Repealed effective 6/30/2027] Enforcement of face mask wearing requirement prohibited in charter schools

(a)
No governing body of a charter school established pursuant to this article or of a state chartered special school shall make or enforce any rule that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the charter school unless such rule provides that a parent or guardian of a child enrolled in such charter school may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian.
(b)
No administrator, teacher, or other school personnel while acting within the scope of his or her employment with a charter school established pursuant to this article or a state chartered special school shall make or enforce any rule that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the charter school unless such rule provides that a parent or guardian of a child enrolled in such charter school may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian.
(c)
This Code section shall not be subject to waivers pursuant to Code Section
20-2-82
for a strategic waivers school system, Code Section
20-2-244
for a local board of education, Code Section
20-2-2063.2
for a charter system, or Code Section
20-2-2065
for a charter school established pursuant to this article or Article 31A of this chapter, a charter system, or schools within a charter system.
Added by 2022 Ga. Laws 586,§ 4, eff. 3/29/2022, exp. 6/30/2027.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31A - STATE CHARTER SCHOOLS (§§ 20-2-2080 — 20-2-2094) › Section 20-2-2080 - Legislative findings and intent

(a)
The General Assembly finds that:
(1)
State charter schools can serve as a complement to the educational opportunities provided by local boards of education in the state's system of public education; and
(2)
State charter schools do not supplant public schools operated by local boards of education but provide options to enhance public educational opportunities.
(b)
It is the intent of the General Assembly that there be established a state-level commission under the authority of the State Board of Education whose primary focus is the development and support of state charter schools in order to better meet the growing and diverse needs of students in this state and to further ensure that state charter schools of the highest academic quality are approved and supported throughout the state in an efficient manner.
Amended by 2012 Ga. Laws 766,§ 1, eff. 1/1/2013.
Added by 2008 Ga. Laws 571,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31A - STATE CHARTER SCHOOLS (§§ 20-2-2080 — 20-2-2094) › Section 20-2-2081 - Definitions

As used in this article, the term:
(1)
"Attendance zone" means all or a portion of a local school system, one or more local school systems or portions thereof, or all local school systems in this state. A state charter school with an attendance zone that includes all local school systems in this state shall be considered to have state-wide jurisdiction as that term is used in Chapter 14 of Title 50.
(2)
"Commission" means the State Charter Schools Commission established pursuant to Code Section
20-2-2082
.
(3)
"Department" means the Department of Education.
(4)
"Governing board" means the governing board of the nonprofit organization which is the charter petitioner for a state charter school and which is the same as the governing board of the state charter school which is involved in school-level governance of the state charter school.
(5)
"State charter school" means a school authorized by the commission pursuant to this article whose creation is authorized as a special school pursuant to Article VIII, Section V, Paragraph VII of the Constitution. A state charter school shall be a public school.
The definitions set forth in Code Section
20-2-2062
shall be applicable to this article.
Amended by 2020 Ga. Laws 521,§ 20, eff. 7/29/2020.
Amended by 2019 Ga. Laws 38,§ 3, eff. 7/1/2019.
Amended by 2012 Ga. Laws 766,§ 1, eff. 1/1/2013.
Added by 2008 Ga. Laws 571,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31A - STATE CHARTER SCHOOLS (§§ 20-2-2080 — 20-2-2094) › Section 20-2-2084.1 - Education of incarcerated children and youth

A state charter school shall be authorized, upon the approval of the commission, to enter into a contract with the Department of Juvenile Justice or the Department of Corrections to operate a school and deliver education services to school age children or youth incarcerated within any facility of the Department of Corrections or incarcerated within or committed to the Department of Juvenile Justice. Any children or youth receiving education services through a state charter school in such manner shall be considered students enrolled in and attending the state charter school for purposes of funding pursuant to Code Section
20-2-2089
.
Added by 2016 Ga. Laws 460,§ 2-2, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31A - STATE CHARTER SCHOOLS (§§ 20-2-2080 — 20-2-2094) › Section 20-2-2085 - Petitions by existing charter schools

A petition may be submitted pursuant to this Code section by an existing charter school approved by a local board of education or the State Board of Education provided that the obligations of its charter with the local board of education or State Board of Education will expire prior to entering into a new charter with the commission. Upon the existing charter school's request, a local board of education or the State Board of Education in the case of a state chartered special school may agree to rescind or waive the obligations of a current charter to allow a petition to be submitted by an existing charter school pursuant to this Code section. An existing charter school that is established as a state charter school pursuant to this Code section shall be allowed to continue the use of all facilities, equipment, and other assets it used prior to the expiration or rescission of its charter with a local board of education; provided, however, that the local board shall be authorized to charge or continue to charge a reasonable fee for use of the facilities.
Amended by 2012 Ga. Laws 766,§ 1, eff. 1/1/2013.
Added by 2008 Ga. Laws 571,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31A - STATE CHARTER SCHOOLS (§§ 20-2-2080 — 20-2-2094) › Section 20-2-2086 - Information to parents

The commission shall provide maximum access to information regarding state charter schools to all parents in this state. It shall maintain information systems, including, but not limited to, a user-friendly Internet website, that will provide information and data necessary for parents to make informed decisions. At a minimum, the commission shall provide parents with information on its accountability standards, links to state charter schools throughout this state, and public education programs concerning state charter schools.
Amended by 2012 Ga. Laws 766,§ 1, eff. 1/1/2013.
Added by 2008 Ga. Laws 571,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31A - STATE CHARTER SCHOOLS (§§ 20-2-2080 — 20-2-2094) › Section 20-2-2087 - Annual report of chairperson

Each year, the chairperson of the commission shall appear before the State Board of Education and submit a report regarding the academic performance and fiscal responsibility of all state charter schools approved under this article.
Amended by 2012 Ga. Laws 766,§ 1, eff. 1/1/2013.
Added by 2008 Ga. Laws 571,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31A - STATE CHARTER SCHOOLS (§§ 20-2-2080 — 20-2-2094) › Section 20-2-2088 - Debts of non-renewed or terminated charter schools

If a charter for a state charter school is not renewed or is terminated, the state charter school shall be responsible for all debts of such school. Neither the state, the State Board of Education, or the commission shall be liable for any debts of the school in the event the charter is not renewed or is terminated. The local school system may not assume the debt from any contract for services made between the governing body of the state charter school and a third party, except for a debt for which the local school system has agreed upon in writing to assume responsibility.
Amended by 2012 Ga. Laws 766,§ 1, eff. 1/1/2013.
Added by 2008 Ga. Laws 571,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31A - STATE CHARTER SCHOOLS (§§ 20-2-2080 — 20-2-2094) › Section 20-2-2088.1 - Ownership and maintenance of state charter school records

(a)
Except as provided for in subsection (b) of this Code section, records created, received, or maintained in the performance of a charter by a state charter school shall be the property of the state charter school. Nothing in this subsection shall preclude a state charter school from contracting with a third party for services related to the creation and maintenance of records; provided, however, that at no time shall the third party withhold or otherwise prevent access to any record which is the property of the state charter school; and provided, further, that such contract expressly provides that the third party shall comply with applicable federal, state, and local laws relating to the confidentiality or privacy of the records that are the subject of such contract.
(b)
In the event that a state charter school ceases operations for any reason, including, but not limited to, the termination, nonrenewal, or abandonment of the state charter school's charter, the nonprofit entity which held the charter contract shall retain ownership, including all incumbent responsibilities of an operational state charter school, of all records for a period of one year from the later of the date the charter contract expired, the date the charter contract was terminated, or the date the state charter school ceased operations. Incumbent responsibilities include, but are not limited to, transferring student records to public or private schools, schools operated by the Department of Juvenile Justice, and the local school system or schools from which the records are requested. After the one-year period, the nonprofit entity which held the charter contract shall transfer all records, including student records, to the commission in the format and manner specified by the commission.
(c)
Nothing in this Code section shall be construed to limit the inspection of public records as provided for in Article 4 of Chapter 18 of Title 50.
Added by 2020 Ga. Laws 375,§ 4, eff. 7/1/2020.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31A - STATE CHARTER SCHOOLS (§§ 20-2-2080 — 20-2-2094) › Section 20-2-2090 - Collaborative efforts on matters related to authorization of state charter schools; administration

The commission shall work in collaboration with the department on all matters related to authorizing state charter schools and shall be assigned to the department for administrative purposes only, as prescribed in Code Section
50-4-3
. For administrative purposes, including data reporting, student enrollment counting procedures, student achievement reporting, funding allocations, and related purposes as defined by the State Board of Education, each state charter school, including any students receiving education services through a state charter school pursuant to Code Section
20-2-2084.1
, shall, consistent with department rules and regulations, be treated as a single local education agency.
Amended by 2016 Ga. Laws 460,§ 2-3, eff. 7/1/2016.
Amended by 2012 Ga. Laws 766,§ 1, eff. 1/1/2013.
Amended by 2009 Ga. Laws 8,§ 20, eff. 4/14/2009.
Added by 2008 Ga. Laws 571,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31A - STATE CHARTER SCHOOLS (§§ 20-2-2080 — 20-2-2094) › Section 20-2-2091 - Rules and regulations for implementation of article

The commission and the State Board of Education, as appropriate, shall adopt rules and regulations necessary to facilitate the implementation of this article. Except as otherwise provided in this article, any rules and regulations adopted by the State Board of Education pursuant to this article, to the extent practicable, shall be established in the same manner and subject to the same requirements as for state chartered special schools under Article 31 of this chapter.
Amended by 2012 Ga. Laws 766,§ 1, eff. 1/1/2013.
Added by 2008 Ga. Laws 571,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31A - STATE CHARTER SCHOOLS (§§ 20-2-2080 — 20-2-2094) › Section 20-2-2093 - [Repealed]

Repealed by 2022 Ga. Laws 769,§ 5, eff. 7/1/2022.
Amended by 2020 Ga. Laws 375,§ 5, eff. 7/1/2020.
Added by 2018 Ga. Laws 425,§ 9, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31A - STATE CHARTER SCHOOLS (§§ 20-2-2080 — 20-2-2094) › Section 20-2-2094 - [Repealed effective 6/30/2027] Enforcement of face mask wearing requirement prohibited in charter schools

(a)
No governing body of a charter school established pursuant to this article shall make or enforce any rule that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the charter school unless such rule provides that a parent or guardian of a child enrolled in such charter school may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian.
(b)
No administrator, teacher, or other school personnel while acting within the scope of his or her employment with a charter school established pursuant to this article shall make or enforce any rule that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the charter school unless such rule provides that a parent or guardian of a child enrolled in such charter school may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian.
(c)
This Code section shall not be subject to waivers pursuant to Code Section
20-2-2065
for a charter school established pursuant to this article.
Added by 2022 Ga. Laws 586,§ 5, eff. 3/29/2022, exp. 6/30/2027.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31B - CHARTER SCHOOL CAPITAL FINANCE (§§ 20-2-2095 — 20-2-2095.5) › Section 20-2-2095 - Short title

This article shall be known and may be cited as the "Charter School Capital Finance Act."
Added by 2008 Ga. Laws 574,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31B - CHARTER SCHOOL CAPITAL FINANCE (§§ 20-2-2095 — 20-2-2095.5) › Section 20-2-2095.1 - Definitions

As used in this article, the term:
(1)
"Capital outlay" includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities.
(2)
"Charter school" means a charter school:
(A)
As defined in paragraph (3) of Code Section
20-2-2062
; or
(B)
Authorized by a state entity pursuant to other statutory authority.
(3)
"Qualified charter school contributions" means the donation of funds by a taxpayer to a qualified charter school organization for the purchase of real property and for capital outlay for a charter school. Such donations shall only be deemed qualified for purposes of this article if any real property purchased for a charter school with the proceeds donated pursuant to this article or any charter school constructed or expanded with proceeds donated pursuant to this article shall have title held by the state board or, if approved by the state board, a local board of education or other state or local government entity.
(4)
"Qualified charter school organization" means a charitable organization in this state that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code which is approved by the state board to provide funds for the purchase of real property for capital outlay for charter schools in this state.
(5)
"State board" means the State Board of Education.
Added by 2008 Ga. Laws 574,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31B - CHARTER SCHOOL CAPITAL FINANCE (§§ 20-2-2095 — 20-2-2095.5) › Section 20-2-2095.2 - Grant program for qualified charter school contributions

Subject to appropriations by the General Assembly, the state board shall establish a grant program for qualified charter school contributions. The grant program shall provide one dollar in matching funds up to a maximum amount authorized by the state board for a single charter school project for each dollar donated to a qualified charter school organization for such project; provided, however, that the total amount to a qualified charter school organization for a single charter school project shall not exceed 75 percent of the average per student state portion of capital outlay funding provided pursuant to Code Section
20-2-260
multiplied by the number of students that the charter school project was designed to serve.
Added by 2008 Ga. Laws 574,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31B - CHARTER SCHOOL CAPITAL FINANCE (§§ 20-2-2095 — 20-2-2095.5) › Section 20-2-2095.3 - Date certain for matching funds

If appropriations are made by the General Assembly specifically for this program, the state board shall establish a date certain on which all matching funds shall be committed by a qualified charter school organization in order to be eligible for the state portion provided pursuant to this article.
Added by 2008 Ga. Laws 574,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31B - CHARTER SCHOOL CAPITAL FINANCE (§§ 20-2-2095 — 20-2-2095.5) › Section 20-2-2095.4 - Adoption of guidelines and standards for construction of charter schools; reporting

The state board shall adopt policies, guidelines, and standards regarding the construction of charter schools that are constructed in part with contributions made to qualified charter school organizations which, to the extent applicable, shall be consistent with state board policies, guidelines, and standards governing construction of other public schools. The state board shall compile an annual report to the Governor forecasting the amount of requests for matching funds made pursuant to this article. Such report shall be made available to any member of the General Assembly upon request.
Added by 2008 Ga. Laws 574,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31B - CHARTER SCHOOL CAPITAL FINANCE (§§ 20-2-2095 — 20-2-2095.5) › Section 20-2-2095.5 - Promulgation of rules and regulations

The state board shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this article.
Added by 2008 Ga. Laws 574,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31C - COMPLETION SPECIAL SCHOOLS (§§ 20-2-2096 — 20-2-2096.8) › Section 20-2-2096 - Short title

This article shall be known and may be cited as the "Completion Special Schools Act."
Added by 2023 Ga. Laws 342,§ 3, eff. 5/4/2023.