TITLE 20 EDUCATION

Section 2. Elementary and Secondary Education, 20-2-1 through 20-2-2180.

ARTICLE 31 CHARTER SCHOOLS ACT OF 1998

20-2-2063.3. Code of principles and standards for charter school authorizers.

1. The State Board of Education and the State Charter Schools Commission shall jointly establish a code of principles and standards of charter school authorizing to guide local boards of education, the state board, and the State Charter Schools Commission in meeting high-quality authorizing practices. The principles and standards established by the state board and the State Charter Schools Commission shall include:
   1. Maintaining high standards for approving charter petitions;
   2. Establishing high academic, financial, and operational performance standards for charter schools;
   3. Annually monitoring, evaluating, and reporting charter school progress in meeting academic, financial, and operational performance standards;
   4. Upholding charter school autonomy in school governance, instructional program implementation, personnel, and budgeting;
   5. Protecting students and holding charter schools accountable for their obligations to all students; and
   6. Protecting the public interest and holding charter schools accountable for their obligations of governance, management, and oversight of public funds.
2. 1. The State Board of Education shall provide for the annual review of local boards of education by an independent party for adherence to the principles and standards of charter school authorizing practices adopted by the state board pursuant to subsection (a) of this Code section. The State Board of Education shall ensure that any independent party reviewing local boards of education pursuant to this paragraph has a demonstrated history of evaluating charter school authorizers for quality authorizing practices.
   2. A charter school authorized by a local board of education that fails to meet the principles and standards of charter school authorizing on its annual evaluation for two consecutive years may petition to transfer its charter authorization to the State Charter Schools Commission.
   3. In its discretion, the State Charter Schools Commission may approve a charter school petitioning for authorization pursuant to paragraph (2) of this subsection for an initial charter term of up to five years if, based on the charter school's prior performance, it is likely to meet the commission's comprehensive performance framework if approved. If the State Charter Schools Commission approves the transfer of a petitioning charter school to its jurisdiction, the local board shall terminate the existing charter pursuant to the terms of the charter and a new charter shall be established between the charter school and the State Charter Schools Commission. If the State Charter Schools Commission declines to authorize the charter school, the charter school shall continue to operate under the terms of its charter with the local board of education. The requirements of Code Section 20-2-2085 shall not apply to local charter schools petitioning for authorization to the State Charter Schools Commission pursuant to paragraph (2) of this subsection. On and after July 1, 2017, the terms of any charter entered into or renewed between a local board and a local charter school shall include a provision for termination if the local board fails to meet the principles and standards of charter school authorizing on its annual evaluation for two consecutive years.
3. The State Charter Schools Commission shall ensure that its adherence to the principles and standards of charter school authorizing practices is annually reviewed by an independent body that has a demonstrated history of evaluating charter school authorizers for quality authorizing practices.
4. The State Board of Education shall provide for or approve training for its staff and local board of education members on the principles and standards of charter school authorizers. The State Board of Education may incorporate training on the principles and standards into the training programs for staff and local board of education members adopted pursuant to Code Section 20-2-230. The annual evaluation of local boards of education for adherence to the principles and standards of charter school authorizing conducted pursuant to this Code section shall detail the participation of the local board of education in training on the principles and standards of charter school authorizers.

(Code 1981, §20-2-2063.3, enacted by Ga. L. 2017, p. 105, § 1/HB 430.)