O.C.G.A.
O.C.G.A.

O.C.G.A. § 20-2-2081 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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

ELEMENTARY & SECONDARY EDUC.

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.

History

Code 1981, § 20-2-2081, enacted by Ga. L. 2012, p. 1298, § 1/HB 797; Ga. L. 2019, p. 142, § 3/HB 59; Ga. L. 2020, p. 493, § 20/SB 429.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “Department” for “state Department” in paragraph (3).

Annotations

JUDICIAL DECISIONS Complaint based on information/ records of public employer. - Dismissal of a complaint filed by two teachers against a charter school was barred under the Taxpayer Protection Against False Claims Act, O.C.G.A. § 23-3-120 et seq., because the complaint asserted that while employed at the school, the teachers had access to information which led the teachers to believe that the school was violating state and federal laws as to student count and special education services, which were allegations based upon information or records that the teacher had access to as a result of the teachers’ employment. Campbell v. Cirrus Education, 355 Ga. App. 628, 845 S.E.2d 393, 2020 Ga. App. LEXIS 362 (2020), cert. denied, No.

S20C1516, 2021 Ga. LEXIS 231 (Ga. Apr. 5, 2021), cert. denied, No. S20C1515, 2021 Ga. LEXIS 232 (Ga. Apr. 5, 2021). Entitlement to sovereign immunity. - Dismissal of the whistleblowers’ complaint filed by two teachers against a charter school and the school’s chief executive officer was affirmed because the charter school was a public entity entitled to sovereign immunity and since the charter school was an instrumentality of the state, the chief executive officer was entitled to official immunity. Campbell v. Cirrus Education, Inc., 355 Ga. App. 637, 845 S.E.2d 384, 2020 Ga. App. LEXIS 361 (2020), cert. denied, No. S20C1514, 2021 Ga. LEXIS 222 (Ga. Apr. 5, 2021).

Notes of Decisions
Cited in 4 cases, 2011–2020 · leading case: Gwinnett Cnty. Sch. Dist. v. Cox, 710 S.E.2d 773 (Ga. 2011).
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Gwinnett Cnty. Sch. Dist. v. Cox, 710 S.E.2d 773 (Ga. 2011). · cites it 36× “In its quest to strike down the Charter Schools Commission Act of 2008, see OCGA § 20-2-2081 et seq. (the "2008 Act"), the majority disregards the ordinary meaning, context, and history of the provision of our State's Constitution that authorizes the General Assembly to "provide…”
Susan Campbell v. Cirrus Educ., Inc. (Ga. Ct. App. 2020). · cites it 5× “See also OCGA § 20-2-2081 (5) (“A state charter school shall be a public school.”
Bulloch Cnty. Sch. Dist. v. Georgia Dep't of Educ. (Ga. Ct. App. 2013). · cites it 2× “On May 16, 2011, the Georgia Supreme Court held the 2008 Georgia Charter Schools Commission Act, OCGA § 20-2-2081 et seq., unconstitutional because it violated the “special schools” provision of the Georgia Constitution, Ga.”
Susan Campbell v. Cirrus Educ., Inc. (Ga. Ct. App. 2020). “14 § 20-2-2081 (5). The Act, however, allows for existing local schools and school districts to convert to charter schools or charter systems.”
— 20-2-2081(2) — 1 case
Gwinnett Cnty. Sch. Dist. v. Cox, 710 S.E.2d 773 (Ga. 2011). “In its quest to strike down the Charter Schools Commission Act of 2008, see OCGA § 20-2-2081 et seq. (the "2008 Act"), the majority disregards the ordinary meaning, context, and history of the provision of our State's Constitution that authorizes the General Assembly to "provide…”
— 20-2-2081(3) — 1 case
Gwinnett Cnty. Sch. Dist. v. Cox, 710 S.E.2d 773 (Ga. 2011). “In its quest to strike down the Charter Schools Commission Act of 2008, see OCGA § 20-2-2081 et seq. (the "2008 Act"), the majority disregards the ordinary meaning, context, and history of the provision of our State's Constitution that authorizes the General Assembly to "provide…”
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