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2018 Georgia Code 20-2-2081 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 20-2-2081 Case Law from Google Scholar Amendments to OCGA 20-2-2081

TITLE 20 EDUCATION

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

ARTICLE 31A STATE CHARTER SCHOOLS

20-2-2081. Definitions.

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.
  2. "Commission" means the State Charter Schools Commission established pursuant to Code Section 20-2-2082.
  3. "Department" means the state 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 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.

(Code 1981, §20-2-2081, enacted by Ga. L. 2012, p. 1298, § 1/HB 797.)

Cases Citing O.C.G.A. § 20-2-2081

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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

...whose creation is authorized as a special school pursuant to Article VIII, Section V, Paragraph VII of the Constitution. A commission charter school shall exist as a public school within the state as a component of the delivery of public education within Georgia's K-12 education system. (Emphasis supplied.) OCGA § 20-2-2081(2)....
...Based on the natural and ordinary meaning of the phrase "special schools" in Art. VIII, Sec. V, Par. VII(a), we hold that schools that "exist as a public school within the [S]tate as a component of the delivery of public education within Georgia's K-12 education system," OCGA § 20-2-2081(2), and provide "public education to all students," see OCGA § 20-2-2083(b)(12), do not qualify as "special schools." 3....
...osition that commission charter schools created under the Act qualify as "special schools." (a) We first respond to the assertion that commission charter schools are special schools because the General Assembly has determined that they are, see OCGA § 20-2-2081(2), and had a rational basis for that determination....
...the presumption of constitutionality, even under the test articulated by the majority. For example, the Legislative intent behind the Act is facially evident in its provisions regarding the contributions of cosponsors (other entities defined in OCGA § 20-2-2081(3) such as counties or universities who help support charter schools)....
...applicable law and the undisputed facts. I am authorized to state that Presiding Justice CARLEY and Justice NAHMIAS join in this dissent. NAHMIAS, Justice, dissenting. In its quest to strike down the Charter Schools Commission Act of 2008, see OCGA § 20-2-2081 et seq....
...cial schools" provision as a "charter school authorized by the commission pursuant to this article [of the Education Code] whose creation is authorized as a special school pursuant to Article VIII, Section V, Paragraph VII of the Constitution." OCGA § 20-2-2081(2)....
...In the normal course of constitutional adjudication, this Court would clearly hold what a "special school" is, and the Commission would then be limited to creating such schools, since the Commission is authorized to create only "special schools" as defined in the Constitution. See OCGA § 20-2-2081(2) (defining the "commission charter school" as a "charter school authorized by the commission....
...[6] A "cosponsor" means "a municipality, county, consolidated government, university or college of the board of regents, technical institution of the Technical College System of Georgia, or regional education service agency which has been authorized by the commission. . . ." OCGA § 20-2-2081(3)....
...ol systems, the majority cites the portions of the 2008 Act that say that "[a] commission charter school shall exist as a public school within the state as a component of the delivery of public education within Georgia's K-12 education system," OCGA § 20-2-2081(2), and that the Commission should collaborate with cosponsors like cities, counties, and colleges "for the purpose of providing the highest level of public education to all students, including, but not limited to, low-income, low-perfor...