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2018 Georgia Code 20-2-2082 | Car Wreck Lawyer

TITLE 20 EDUCATION

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

ARTICLE 31A STATE CHARTER SCHOOLS

20-2-2082. State Charter Schools Commission; members; operations.

  1. The State Charter Schools Commission is established as a state-level authorizing entity working in collaboration with the Department of Education under the authority of the State Board of Education. Start-up funds necessary to establish and operate the commission may be received by the State Board of Education in addition to such other funds as may be appropriated by the General Assembly. The department shall assist in securing federal and other institutional grant funds to establish the commission.
  2. The commission shall be appointed by the State Board of Education and shall be composed of a total of seven members and made up of three appointees recommended by the Governor, two appointees recommended by the President of the Senate, and two appointees recommended by the Speaker of the House of Representatives. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each recommend a list of no fewer than two nominees for each appointment to the commission. The appointments shall be made as soon as feasible but no later than the first regular meeting of the State Board of Education in February, 2013. Each member shall serve a term of two years; provided, however, that, for the purpose of providing staggered terms, of the initial appointments, three members shall be appointed to one-year terms and four members shall be appointed to two-year terms as determined by the State Board of Education. Thereafter, each appointee shall serve a two-year term unless the State Board of Education, after review and upon recommendation by the initial recommending authority, extends the appointment. If a vacancy occurs on the commission, it shall be filled by the State Board of Education from a recommendation by the appropriate authority according to the procedure set forth in this subsection. The members of the commission shall annually vote to appoint a chairperson and a vice chairperson from among its membership. Each member of the commission shall hold a bachelor's degree or higher, and the commission should include a group of diverse individuals representative of Georgia's school population, to the extent possible, with respect to race, sex, and geography who have experience in finance, administration, law, and education.
  3. The commission is encouraged to convene its first meeting no later than March 1, 2013, and thereafter shall meet at least bimonthly at the call of the chairperson or upon the request of four members of the commission. Four members of the commission shall constitute a quorum.
  4. The commission shall determine the manner in which it reviews state charter school petitions and may, in its discretion, use existing department personnel to conduct such review.
  5. The members of the commission shall not be compensated for their services on the commission but may be reimbursed for per diem and travel expenses in the same manner as provided for in Code Section 45-7-21.
  6. No commission member shall solicit or accept any gift, favor, loan, contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing that commission member in the discharge of his or her duties as a commission member.

(Code 1981, §20-2-2082, enacted by Ga. L. 2012, p. 1298, § 1/HB 797.)

Cases Citing O.C.G.A. § 20-2-2082

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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

...General Assembly to provide by law for the creation of any type of special school. (c) In 2008, the General Assembly enacted the Georgia Charter Schools Commission Act [5] pursuant to which it established the Georgia Charter Schools Commission, OCGA § 20-2-2082 ("the Commission"), and authorized the Commission, inter alia, to "assist in the establishment of commission charter schools throughout this state." OCGA § 20-2-2083(b)(1)....
...V, Par. II; Art. VIII, Sec. VI, Par. I. The Commission, on the other hand, is comprised of seven political appointees who are selected by the governor, the president of the Senate (i.e., the lieutenant governor) and the speaker of the House, see OCGA § 20-2-2082(b); hence, its members are not accountable in any manner either to the parents or to the taxpayers....
...The act created the seven-member Georgia Charter Schools Commission, appointed by the State Board of Education from recommendations by the Governor (for three commissioners), the President of the Senate (two), and the Speaker of the House (two). See OCGA § 20-2-2082(a), (b)....
...Commissioners must hold at least a college degree and should be "a group of diverse individuals representative of Georgia's school population who [have] experience in finance, administration, law, education, public school teaching, and school governance." OCGA § 20-2-2082(b)....