Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-4 › Subject 160-4-9 - INNOVATIVE PROJECTS › Rule 160-4-9-.05 - Charter Schools Petition Process

Current through Rules and Regulations filed through June 27, 2024
(1)
CHARTER PETITION PROCESS.
(a)
LETTERS OF INTENT
. All
				applicants, including renewal applicants, who intend to submit a charter
				petition for local board of education (local board) consideration, shall use
				the Department's template to submit a letter of intent to both the Department
				and to the appropriate local board(s) at least six (6) months prior to the date
				on which the petition will be submitted to the Department. Petitioners should
				consult the Charter Schools Division website and consult with the applicable
				local school district(s) for timelines and requirements. Failure to submit a
				letter of intent shall not preclude an applicant from submitting a petition
				provided the applicant requests and receives a waiver for the letter of intent
				from both the Department and local district(s).
(b)
CHARTER PETITION SUBMISSIONS TO
				LOCAL BOARDS.
1. Local boards shall
				adopt policies and publish deadlines regarding submission of charter petitions
				that are consistent with the timeline and requirements for charter petitions as
				outlined in this Rule. The Department may request that a local board revise any
				policy that precludes the uniform application of this Rule. Such policies shall
				provide for an in-person panel interview by, or a meeting with, the district to
				provide the district an opportunity to hear from the petitioner directly about
				district concerns or clarifications the district needs.
2. Pursuant to O.C.G.A. §
											20-2-2064(a) and
				(b), a local board must, by a majority vote,
				approve or deny a petition no later than ninety (90) days after its submission,
				unless the petitioner offers an extension and the local board accepts the
				offer.
3. If the local board denies
				a petition directly by a vote of the local board to deny or indirectly by
				failing to vote within the requisite ninety (90) day review period, it must,
				within sixty (60) days of the denial, provide a written statement of denial to
				the petitioner and to the State Board of Education. A written statement of
				denial shall specifically state the reasons for denial and include a list of
				the deficiencies in the petition relevant to O.C.G.A. §
											20-2-2063. If the local board
				cites that approval is not in the public interest, the written statement of
				denial shall include a detailed description of why approval is not in the
				public interest.
4. Unless granted
				written approval by the Department of an alternate approach to accomplishing
				these robust petition review goals, within the ninety (90) days a local
				district has to review a charter petition, the district shall provide a written
				statement to the petitioner indicating which of the following four groups the
				petitioner is in and, if appropriate, what they must do if they wish to revise
				and resubmit their petition:
(i) Rejection
				Group: These applications are flawed in some way that is irreparable and will
				be rejected for the current school year's Petition Review Cycle.
(I) The local district shall issue a
				rejection letter that informs such applicants that their application cannot be
				considered during the current school year's Petition Review Cycle.
(II) The rejection letter shall include a
				statement of the legal insufficiency that makes the petition
				irreparable.
(III) Applicants in
				this category are free to submit a brand new application in the following
				school year's Petition Review Cycle.
(ii) Revision Group: During the district's
				initial internal review and panel interview with the applicant, these
				applicants demonstrate minimum quality and compliance or less, and would
				require substantial and material revisions before their petition could be
				recommended by the district for approval by the local board of education.
(I) The local district shall issue a letter
				informing these applicants that they cannot receive an approval recommendation
				unless the required material revisions are made within thirty (30) days. This
				letter shall include mention of the district's agreement to the petitioner's
				granting the district ninety (90) additional days to accept or reject its
				petition.
(II) If an applicant
				chooses to make the substantial and material changes required, they shall
				resubmit their petition within the thirty (30) day window. Their resubmittal
				letter shall include mention of their granting to the district ninety (90)
				additional days beyond the initial 90-day review period to accept or reject
				their petition.
(III) Applicants
				will have only one opportunity to revise their application to make the
				substantial and material changes required.
(IV) Applicants that fail to make required
				revisions will have to wait until the following school year's Petition Review
				Cycle to submit a new application.
(iii) Clarification Group: During the
				district's initial internal review and panel interview with the applicant,
				these applicants demonstrate moderate quality and compliance or better, but
				require clarification and supplemental information to be submitted before their
				petition could be recommended by the district for approval by the local board
				of education.
(I) The local district shall
				issue a letter informing these applicants what clarification(s) and/or
				supplemental information is required. This letter shall include mention of the
				district's agreement to the petitioner's granting the district ninety (90)
				additional days to accept or reject its petition.
(II) If an applicant chooses to provide the
				required clarification(s) and/or supplemental information, they shall resubmit
				their petition within a thirty (30) day window. Their response letter shall
				include mention of their granting to the district ninety (90) additional days
				beyond the initial ninety (90) day review period to accept or reject their
				petition.
(III) Applicants will
				have only one opportunity to provide the required clarification(s) and/or
				supplemental information.
(IV)
				Applicants that fail to provide the required clarification(s) and/or
				supplemental information will have to wait until the following school year's
				petition review cycle to submit a new application.
(iv) Approval Group: During the district's
				initial internal review and panel interview with the applicant, these
				applicants demonstrate near-perfect quality and compliance. For these
				applicants, the district will make a recommendation to the local board of
				education for approval of the petition without any further action on the part
				of the applicant.
5. If
				a local board denies a petition, the local board or the petitioner may request
				mediation by submitting a written request to the State Board of Education
				within thirty (30) days of the final denial. If the other party agrees to the
				mediation, the State Board of Education, or Charter Advisory Committee if
				directed by the State Board of Education to do so, may assign a mediator to be
				paid by the Department but reimbursed equally by the local board and the
				petitioner to assist in resolving issues which led to the denial of the
				petition by the local board.
6. If
				a local board approves a petition, within thirty (30) days of the approval:
(i) The local board shall deliver a copy of
				the petition they approved to the Department.
(ii) The petitioner shall deliver the
				approved petition to the Department for review by the State Board of Education.
				The petition shall be in accordance with all Department requirements, including
				those related to formatting, as described in this Rule, on the Charter Schools
				Division website and within the relevant charter school application.
(c)
CHARTER
				PETITION SUBMISSIONS TO THE DEPARTMENT OF EDUCATION.
1. Charter petitioners shall ensure that
				petitions adhere to all application requirements and related timelines as
				established by the Department pursuant to O.C.G.A. §
											20-2-2063 and as outlined in this
				Rule. Petitioners that have applied to a local school district must also
				provide a copy of their petition to the Department within thirty (30) days of
				submitting their petition to the school district. Petitioners should consult
				the Charter Schools Division website for applicable timelines and requirements.
				Failure to comply with timelines or requirements may delay or prohibit
				consideration of the petition until the following school year's petition review
				cycle.
(d)
CHARTER PETITION REVIEW PROCEDURES BY THE DEPARTMENT OF EDUCATION.
1. The Department shall process all charter
				petitions submitted to the Department on behalf of the State Board of Education
				as outlined in this Rule.
2. The
				Department shall coordinate with the Charter Advisory Committee, as applicable,
				to facilitate their review of petitions and their subsequent recommendations to
				the State Board of Education.
3.
				The Department reserves the right to reject incomplete and/or legally
				insufficient charter petition submissions.
4. The Department staff shall first review
				petitions to determine if they are complete and meet the legal requirements for
				submission, not so as to require approval but so as to allow further
				review.
5. If a charter petition is
				deemed to be deficient, the petition shall be rejected and the petitioner
				notified of the reasons for that rejection.
6. Those petitioners who have submitted a
				petition that is deemed to be complete and to meet the legal requirements for
				submission, shall attend an interview with Department staff as part of the
				petition review process. A majority of the members of the charter school
				governing board are required to be in attendance at the interview. The goal of
				the interview is to gauge the petitioner's overall capacity to sustain
				operations of a high-quality charter school with regard to academics,
				operations, governance, finance, and compliance with all non-waivable law,
				rules, and guidelines.
7. The
				Department shall make recommendations to the State Board of Education for
				approval or denial of a charter contract and shall specify to the State Board
				of Education the reasons for its recommendation.
(i) The maximum term for both initial and
				renewed charter contracts approved by the State Board of Education shall be
				five years.
8. Existing
				charter schools may not apply for renewal to a new authorizer. Existing charter
				schools seeking to switch authorizers must apply to the new authorizer as a new
				petitioner. Existing charter schools may petition the State Charter Schools
				Commission (SCSC) for approval as provided by O.C.G.A §
											20-2-2063.3(b)(2)
				 or by O.C.G.A. §
											20-2-2085 and in accordance with
				the policies and processes of the SCSC. Existing charter schools that meet the
				definition of a "high quality charter school" for the past three years (or over
				the life of the school, if the school has been open for fewer than three years)
				as established by the Department may be eligible for an expedited review in
				accordance with policies developed by the Department.
9. The local school governing team of a
				system charter school may petition to become a conversion charter school, not
				subject to the terms of the system charter. In the event that a system charter
				school becomes a conversion charter, the system shall reflect that change in
				their annual report.
(e)
REVIEW PROCEDURES FOR DEPARTMENT REVIEW OF NEW AND RENEWAL CHARTERS
				GRANTED BY THE STATE CHARTER SCHOOLS COMMISSION.
1. The Department shall review all approved
				charter contracts granted by the State Charter Schools Commission (SCSC),
				including both initial and renewed charters, along with the related petitions
				and other materials presented by SCSC staff to the SCSC members.
2. The Department shall make recommendations
				to the State Board of Education regarding the State Board of Education's
				affirmation or overrule of all new or renewal charters, and where the
				recommendation is to overrule the SCSC's decision, shall specify the reasons
				for its recommendation to overrule the SCSC.