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2018 Georgia Code 20-2-2068 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 20-2-2068 Case Law from Google Scholar Amendments to OCGA 20-2-2068

TITLE 20 EDUCATION

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

ARTICLE 31 CHARTER SCHOOLS ACT OF 1998

20-2-2068. Termination of a charter.

  1. The state board may terminate a charter under the following circumstances:
      1. If a majority of the parents or guardians of students enrolled at the charter school vote by a majority vote to request the termination of its charter at a public meeting called with two weeks' advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void; or
      2. If a majority of the faculty and instructional staff employed at the charter school vote by a majority vote to request the termination of its charter at a public meeting called with two weeks' advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void.

        This paragraph shall not apply to system charter schools;

    2. If, after providing reasonable notice to the charter school or charter system, as applicable, and an opportunity for a hearing, the state board finds through its own audit or through other means:
      1. A failure to comply with any recommendation or direction of the state board with respect to Code Section 20-14-41;
      2. A failure to adhere to any material term of the charter, including but not limited to the performance goals set forth in the charter;
      3. For a charter system, a failure to promote school level governance as required by the charter;
      4. A failure to meet generally accepted standards of fiscal management;
      5. A violation of applicable federal, state, or local laws or court orders;
      6. The existence of competent substantial evidence that the continued operation of the charter school or charter system would be contrary to the best interests of the students or the community; or
      7. A failure to comply with any provision of Code Section 20-2-2065; or
    3. Upon the written request of a local board for termination of a charter for a local charter school located within its school system if, prior to making such request, the local board provided reasonable notice to the charter school and an opportunity for a hearing, and determined the existence of any of the grounds described in paragraph (2) of this Code section.
  2. For a system charter school, if the school council or governing council, as applicable, at such school within the charter system requests that:
    1. The system charter be terminated; or
    2. The system charter be amended with respect to such system charter school,

      the state board, after providing reasonable notice to the charter system and the system charter school, shall conduct a hearing. Based on the findings of the hearing, the state board may enter into negotiations with the charter system to amend the charter to address the concerns of the requesting system charter school. If negotiations fail and the state board finds good cause, the state board shall be authorized to terminate the system charter or to amend the system charter with respect to the requesting system charter school; provided, however, that the local board shall be authorized to terminate the system charter if it is unwilling to accept the amendments to such charter by the state board.The term "good cause" includes but is not limited to a local board's failure to comply with its obligations and duties under the system charter, state board rules, or other applicable law, or other good cause as determined in the sole discretion of the state board.

(Code 1981, §20-2-2068, enacted by Ga. L. 1998, p. 1080, § 3; Ga. L. 1999, p. 81, § 20; Ga. L. 2002, p. 388, § 1; Ga. L. 2007, p. 185, § 11/SB 39; Ga. L. 2008, p. 324, § 20/SB 455; Ga. L. 2013, p. 1061, § 30/HB 283; Ga. L. 2015, p. 92, § 5/SB 133.)

The 2015 amendment, substituted "any intervention prescribed by the state board pursuant to the charter" for "Code Section 20-14-41" at the end of subparagraph (a)(2)(A). For effective date of this amendment, see the Editor's note.

Editor's notes.

- Ga. L. 2007, p. 185, § 1/SB 39, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Charter Systems Act.'"

Ga. L. 2007, p. 185, § 2/SB 39, not codified by the General Assembly, provides: "The General Assembly finds that schools and school systems should be given high flexibility to tailor their educational programs to meet the unique needs of their communities. In furtherance of this, schools and school systems should be encouraged to use innovative educational programs including local management of schools and should be provided resources to help design and implement innovative programs. The General Assembly further finds that schools and school systems shall be held accountable for student achievement."

The constitutional amendment proposed in Ga. L. 2015, p. 92, § 6/SB 133, which would have revised subparagraph (a)(2)(A) to read as follows: "(A) A failure to comply with any recommendation or direction of the state board with respect to any intervention prescribed by the state board pursuant to the charter;", was defeated in the general election held November 8, 2016.

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 115 (2015). For note on 2007 amendment of this Code section, see 24 Ga. St. U.L. Rev. 121 (2007).

OPINIONS OF THE ATTORNEY GENERAL

State charter schools could qualify for state grants pursuant to former subsection (d) of O.C.G.A. § 20-2-2068, and a local system was required to treat a state charter school no less favorably than other local schools located within the applicable school system. 2001 Op. Att'y Gen. No. 2001-9.

Cases Citing O.C.G.A. § 20-2-2068

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Atlanta Indep. Sch. Sys. v. Atlanta Neighborhood Charter Sch., Inc., 293 Ga. 629 (Ga. 2013).

Cited 18 times | Published | Supreme Court of Georgia | Sep 23, 2013 | 748 S.E.2d 884, 2013 Fulton County D. Rep. 2925

...Onceapproved by both the local and state boards, the charter school is authorized to operate under the terms of the charter between the school and the local board of education. OCGA §§ 20-2-2065 (a); 20-2-2067.1. The funding mechanism for local charter schools5 is set forth in OCGA § 20-2-2068.1 and establishes a formula pursuant to which all local charter schools are included in the allotment of funds distributed pursuant to the Quality Basic Education Act. OCGA § 20-2-2068.1 (a). See OCGA § 20-2-130 et seq. In addition, a local charter school is entitled to receive a proportional share of its school *631system’s local revenue. OCGA § 20-2-2068.1 (c)....
...al projects. OCGA § 20-2-2062 (8). However, with regard to start-up charter schools, the Act deviates from this general definition and provides a separate method for calculating the amount of local revenue to be distributed by the local board. OCGA § 20-2-2068.1 (c). Construing OCGA § 20-2-2068.1 (c), the trial court determined the Act prohibited appellants from subtracting funding for APS’s unfunded pension liability from their calculation of local revenue to be distributed to the start-up charter schools....
...nt of its schools. At issue in this case is the proper interpretation of the second component of the funding mechanism applicable to start-up charter schools which directs that local revenue shall be calculated by use of the formula set out in OCGA § 20-2-2068.1 (c)....
...Where the plain language of a statute is clear and susceptible of only one reasonable construction, we must construe the statute according to its terms. Hollowell v. Jove, 247 Ga. 678, 681 (279 SE2d 430) (1981). Applying these rules, we agree with the trial court that pursuant to the plain language of OCGA § 20-2-2068.1 (c), appellants are without authority or discretion to deduct the unfunded pension expense from their calculation of local revenue to be distributed to start-up charter schools. OCGA § 20-2-2068.1 (c) provides, in pertinent part: ......
...of local funds to be distributed to the local start-up charter school by the local board[.] Thus, the Act expressly directs that as it pertains to start-up charter schools, local revenue shall be calculated according to the formula set forth in OCGA § 20-2-2068.1 (c) and the product of this calculation “shall be the amount of local funds to be distributed to the local start-up charter school by the local school board.” Id. Appellants’ primary argument is that because the Act is silent as...
...o the start-up charter schools. Essentially, appellants would have us superimpose onto the statute an implicit authorization for local school boards to reduce the amount of available local revenue by first deducting expenses. This we cannot do. OCGA § 20-2-2068.1 (c) provides a precise formula for calculating local revenue as applied to start-up charter schools, including which funds and grants shall be included and excluded, as well as the exclusion of five percent of system-wide *633funds for central administration, and gives a clear and mandatory-direction that the product of that calculation shall be the amount of local revenue distributed. See also OCGA § 20-2-2068.1 (c) (2). To adopt appellants’ interpretation would require us to ignore the funding formula set out in OCGA § 20-2-2068.1 (c) and distort the statute’s mandatory directive in violation of the rules of statutory construction. For this same reason, we reject appellants’ argument that the Act requires local school boards to fund all local charter schools and traditional public schools “on the same basis.” Appellants base this contention on language in OCGA § 20-2-2068.1 (c) immediately preceding the start-up charter school funding formula which provides that “local revenue shall be allocated to a local charter school on the same basis as for any local school in the local school system.” Although t...
...so in the Act. See City of Atlanta v. City of College Park, 292 Ga. 741, 743 (741 SE2d 147) (2013); Morton v. Bell, 264 Ga. 832, 833 (452 SE2d 103) (1995). Nor can we agree with appellants’ argument that the trial court’s interpretation of OCGA § 20-2-2068.1 (c) interferes with their discretion to manage public education within the local school system....
...Testani, Lee A. Peifer, for appellees. Strickland, Brockington & Lewis, John J. Park, Jr., Mariem L. Hubbard, Joshua P. Thompson, Lana Harfoush, amici curiae. Our decision in this appeal is limited to the proper interpretation and application of OCGA § 20-2-2068.1 (c) as enacted regarding the allocation of local revenue to start-up charter schools. Because appellants’ subtraction of funds from the calculation of local revenue to cover a portion of APS’s unfunded pension liability circumvents the plain language of OCGA § 20-2-2068.1 (c) and deprives the start-up charter schools of funding to which they are legally entitled, we affirm the trial court’s order granting mandamus relief....
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Gwinnett Cnty. Sch. Dist. v. Cox, 710 S.E.2d 773 (Ga. 2011).

Cited 14 times | Published | Supreme Court of Georgia | May 16, 2011 | 289 Ga. 265, 2011 Fulton County D. Rep. 1734

...n, defining a "special school" as "a school whose creation is authorized pursuant to Article VIII, Section V, Paragraph VII of the Constitution." OCGA § 20-2-2062(13). The funding mechanism for "state chartered special schools" is set forth in OCGA § 20-2-2068.1(d)....