2010 Georgia Code 20-2-2083 Case Law
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One Click Case Law for § 20-2-2083
O.C.G.A. § 20-2-2082 <-- --> O.C.G.A. §20-2-2084



2010 Georgia Code

TITLE 20 - EDUCATION

CHAPTER 2 - ELEMENTARY AND SECONDARY EDUCATION
ARTICLE 31A - GEORGIA CHARTER SCHOOLS COMMISSION
§ 20-2-2083 - Power and duties of the commission

O.C.G.A. 20-2-2083 (2010)
20-2-2083. Power and duties of the commission


(a) The commission shall have the power to:

(1) Approve or deny petitions for commission charter schools and renew, nonrenew, or terminate commission charter school petitions in accordance with State Board of Education rules and regulations established pursuant to this article. At its discretion, the commission may preliminarily approve a charter petition for a commission charter school before the petitioner has secured space, equipment, or personnel, if the petitioner indicates such preliminary approval is necessary for it to raise working capital. The State Board of Education may overrule the approval, denial, renewal, nonrenewal, or termination of a commission charter school by the commission within 60 days of such decision by the commission upon a vote of at least two-thirds of the members of the state board; provided, however, that a commission charter school petitioner may re-apply to the commission for approval or renewal after remedying any deficiencies cited by the State Board of Education;

(2) Authorize cosponsors of commission charter schools; and

(3) Conduct facility and curriculum reviews of commission charter schools.

(b) The commission shall have the following duties:

(1) Review charter school petitions for commission charter schools and assist in the establishment of commission charter schools throughout this state. The commission shall ensure that all charters for commission charter schools are consistent with state education goals;

(2) Develop, promote, and disseminate best practices for charter schools and charter school cosponsors in order to ensure that high-quality charter schools are developed and encouraged. At a minimum, the best practices shall encourage the development and replication of academically and financially proven charter school programs;

(3) Develop, promote, and require high standards of accountability for commission charter schools. The commission shall ensure that each commission charter school participates in the state's education accountability system. If a commission charter school falls short of performance measures included in the approved charter, the commission shall report such shortcomings to the Department of Education;

(4) Monitor and annually review the performance of cosponsors;

(5) Monitor and annually review and evaluate the academic and financial performance, including revenues and expenditures, of commission charter schools and hold the schools accountable for their performance pursuant to the charter and to the provisions of this article. The commission's duties to monitor the charter school shall not constitute the basis for a private cause of action;

(6) Report to each local school system the number of students who reside in such school system and are enrolled in a commission charter school;

(7) Work with its cosponsors to monitor the financial management of each commission charter school;

(8) Direct charter schools and persons seeking to establish charter schools to sources of private funding and support;

(9) Actively seek, with the assistance of the department, supplemental revenue from federal grant funds, institutional grant funds, and philanthropic organizations. The commission may, through the State Board of Education, receive and expend gifts, grants, and donations of any kind from any public or private entity to carry out the purposes of this article;

(10) Review and recommend to the General Assembly any necessary revisions to statutory requirements regarding standards and accountability for commission charter schools;

(11) Act as liaison for cosponsors and commission charter schools in cooperating with local boards of education that may choose to allow commission charter schools to utilize excess space within school facilities;

(12) Collaborate with cosponsors for the purpose of providing the highest level of public education to all students, including, but not limited to, low-income, low-performing, gifted, and underserved student populations and to students with special needs. Such collaborations shall:

(A) Allow universities and colleges of the board of regents and technical institutions of the Technical College System of Georgia that cosponsor commission charter schools to enable students attending a commission charter school to take college courses and receive high school and college credit for such courses; and

(B) Assist in determining the feasibility of establishing commission charter schools for students with disabilities;

(13) Meet the needs of commission charter schools and local school systems by uniformly administering high-quality commission charter schools, thereby removing administrative burdens from the local school systems;

(14) Assist commission charter schools in negotiating and contracting with local boards of education that choose to provide certain administrative or transportation services to the charter schools on a contractual basis; and

(15) Provide training for members of commission charter school governing bodies after approval of the charter school. The training shall include, but not be limited to, best practices on charter school governance, the constitutional and statutory requirements relating to public records and meetings, and the requirements of applicable statutes and State Board of Education rules.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com