SUMMARY:  LC 33 5451

This bill revises or deletes numerous sections of Title 20 and also adds new code sections.  Many of the changes simply insert the phrase "state mandated content standards" and remove words or phrases such as competencies and core curriculum.  Please note the "core curriculum" in current statutes refers to the quality core curriculum, QCC, that was part of the Quality Basic Education Act of 1985 and has nothing to do with common core.  Below is a summary of some of the major changes.  Local boards may be particularly interested in sections 22, 23, 25, 32, 37, 38, 39, 41, 42, 43, and 44.

PROVISIONS:

Section 7 makes it optional for the State Board to adopt a first grade readiness assessment and optional to report the results.

Sections 8, 13-16 and 26 continue the effort begun last year to eliminate the middle school requirements but leave the funding level for grades 6, 7, and 8 at the middle school level.  It has been confusing to have QBE funding programs of middle grades and middle school.  These changes eliminate the "middle grades" funding level as well as eliminating the required elements of the middle school program.

Sec. 18 repeals the statute creating the Master Teacher Program.  This program has been unfunded most of its existence.

Sec. 19 repeals statutes referring to the professional and staff development stipends. The program was repealed in 2012 since it was not funded but this section was missed.

Sec. 20 would allow the State Superintendent to execute contracts on his/her behalf of $50,000 or less.

Sec. 22 would add a code section allowing students to apply directly to the State Board for a waiver or variance to any State Board regulation by demonstrating a substantial hardship as defined in the bill and demonstrating the purpose of the requirement can be or has been achieved by other means.  Unlike the high school graduation test requirements, this process does not include the local superintendent.

Sec. 23 redefines capital outlay to include computer equipment and software that is integral to the school's curriculum, instruction, or administration.  For purposes of the capital outlay programs, it also defines "local school system" as an LEA which includes state charter schools.

Sec. 25 makes several changes to the state assessment program:

• Eliminates the references to state funding of norm-referenced tests which hasn't been funded for several years
• Retains the requirement for testing grades 1-8 on state standards in English language arts/reading and math although there has been no funding for the assessments in grades one and two for several years.
• Requires that these assessments contain features that allow comparability to other states "which are educationally and technically sound and comparable to Georgia."
• Eliminates the graduation test in grade 11.
• Allows the State Board to determine in which grades to administer the writing assessment(s) rather than the currently required grades 3, 5, 8, and 11.

Sec. 27 makes the move of the Governor's Honors Program from the Department of Education to the Governor's Office of Student Achievement statutory.

Sec. 30 adds the clarification that if a student takes more courses in the Georgia Virtual School than could be enrolled in during a school day, the student must pay $250 per semester course.  Students in home school programs and private schools continue to be able to take courses in the Georgia Virtual School at no cost if appropriations are provided.  If there is no appropriation or the funding has been used, such students may take the courses if slots are available and the student pays $250 per semester course.

Sec. 32 eliminates the requirement that the Department of Education provide local school systems with a list of approved providers from which they may choose to contract with for virtual instruction programs.

Sec. 33 repeals the required state report on assisting local boards in acquiring digital learning.

Sec. 36 allows parents to home school unless specifically prohibited by court order.  The parental declaration of intent must also include the name of the school district in which they are located.

Sec. 37 allows the State Board to affirm, reverse, or remand a local board decision as well as refer it to mediation in the case of a local board decision that is appealed to the State Board.  Currently the State Board can affirm or reverse.

Sec. 38 defines charter authorizer as the State Board, the State Charter Schools Commission, a local board or any other entity in this state authorized to approve or deny charter petitions. Emphasis added as currently there are no other entities allowed to do so.

Sec. 39 allows the State Board to create a separate, expedited process for high-performing charters to replicate, renew, or expand their school design.

Sec. 40 gives the State Board 90 days to approve or deny a charter petition.

Sec. 41 adds a new code section for standards and processes for charter authorizers' approval of charter petitions including that the charter authorizer ensure the schools have the autonomy to which they are entitled and the public accountability for which they are responsible.

• State Board shall establish rules, regulations, policies, and procedures requiring every charter authorizer that oversees a charter school or that has received a charter petition to develop and annually establish a policy statement that:
  • Presents authorizer's strategic vision for chartering, including a clear statement of any preferences the authorizer might grant to petitions that help at-risk students
  • Includes or directs petitioners to the performance framework that the authorizer has established for charter school oversight and evaluation
  • Includes the criteria that will be used to approve or deny a petition
  • States clear and detailed questions and guidelines on the format and content essential to demonstrate the petitioner's ability to establish and operate a successful charter school
  • Requires petitioners to provide everything requested in the petition
• Charter authorizer's petition review process shall include thorough evaluation of each petition, an in-person interview with the petitioner, and an opportunity in a public meeting for local residents or other interested persons to learn about and provide public comment on each petition
• Authorizer shall monitor the performance and legal compliance of the charter(s) it oversees including collecting and analyzing data to support ongoing evaluation according to the charter.
• Authorizer shall annually publish and provide a performance report for each charter school it oversees; may require the charter school to provide an annual report.
• If there is a performance of legal issue, the authorizer shall promptly notify the charter and provide a reasonable opportunity for the charter to correct the problem unless the problem warrants termination.
• Authorizers shall have the authority to take appropriate corrective actions or exercise sanctions short of termination in response to deficiencies in performance or legal compliance.
• State Board shall identify charter authorizers that fail to satisfy the requirements above in its annual report to the General Assembly.

Sec. 42 adds a new code section dealing with charter school funding.  

• It eliminates a reference to QBE earnings and applicable non-QBE grants and inserts "state funds."  
• It eliminates the conversion and start up references to use "local charter" to apply to both. Thus, all local charters would be funded the same.
• Local revenue earnings for a charter school would be the average amount of the total revenues less the federal revenues less state revenues (other than equalization grants) per FTE for the school system.  
• The per student funding formula would be based on the charter school's projected enrollment, school profile, and student characteristics as included in the petition.  
• No later than April 1st of each year, a local charter shall notify the local board and DOE of the funding estimates calculated for any new charter school or new grade levels added.  State charters would notify the state.
• No later than July 1st, the initial funding payment on the basis of the funding estimate must be calculated and distributed to the charter school.

Sec. 43 defines an underutilized facility as a school building or local board owned building in which less that 40% of the square footage of the building is being used for direct instruction or critical administration purposes and for which no offer to purchase has been executed.  Unused facility is defined as  an excess or surplus school building or local board owned building that is or could be appropriate fo school use.

• A local or state charter shall have first right of refusal to purchase or lease at or below fair market value an unused or underutilized facility.
• If the local board has a plan to reuse the facility within a 12 month period, the local board does not have to include it in the list of available facilities submitted to DOE.
• The local board may exclude a facility from the list only once.
• Each local board shall annually submit to DOE a list of its unused or underutilized facilities by the deadline set by DOE.
• DOE shall publish to its website a searchable data base of these facilities.
• DOE shall monitor the database and notify all charter schools of facilities available.
• DOE shall establish an application process for the charters to purchase or lease the facilities.  Funds received go to the local board that owns the facility.
• If more than one charter applies for a facility, the local board must establish a competitive bidding process and give weight to academic quality, financial health, community impact, and the program design of the charter.  If two or more bidders have an equal score, there shall be a random drawing.

Sec. 44 requires state charters to enroll any student who applies and resides in the attendance zone unless enrollment exceeds capacity as defined in the petition in which case there shall be a random selection process except that enrollment preference may be given to applicants in any one or more of the following categories in the order of priority:

• Students who reside in a specified political subdivision, as defined here, within the charter attendance zone
  • local school system
  • county
  • city
  • consolidated city-county government
  • other political subdivision of the state
  • any local authority
  • local body corporate
  • local public corporation created by or pursuant to the Constitution of Georgia or any local, special, or general act of the General Assembly
  • any special district or community improvement district of the state
• Sibling of a student enrolled in the state charter
• Sibling of a student enrolled in another local school designated in the charter
• Student whose parent or guardian is a member of the governing board of the state charter; or is a full-time teacher, professional, or other employee at the state charter
• Students graduating from a local school designated in the charter
• Children who graduate from a pre-K program which is associated with the state charter, including but no limited to programs which share common facilities or campuses with the school or programs which have established a partnership or cooperative efforts with the school

Sec. 45 would allow the Commission to accept applications twice a year:  June 1 and December 1.  It would also allow a school with a physical presence to have a statewide attendance zone.  The Commission would 90 days to approve or deny a charter petition.

Sec. 46 amends the funding formula for state charters to adjust the five mill share for state virtual schools.  Also allows state charters to receive initial payment July 1 for enrollment growth.

Sec. 47 allows the Commission to set up a nonprofit.

EFFECTIVE DATE:

July 1, 2014