SB 133 (Senators Miller-R, Tippins-R, Jeffares-R, Sims-D, Beach-R, and Mullis-R)

This is the enabling legislation for SR 287, which establishes the "Opportunity School District" and provides details regarding the eligiblity, selection, and operation of these districts by the state.

There are many provisions of the legislation that will appear problematic to the local school administrator and/or school board member.  What follows are the major provisions of the bill, which could forever change the landscape of public education and eliminate "local control":

• The Opportunity School District (OSD) would be managed by the OSD Superintendent who will, be appointed by the governor;  serve at the pleasure of the governor; be employed by the Office of Student Achievement but, report directly to the governor; and his/her salary and qualifications will be determined by the governor.  
• The Office of Student Achievement will be required to assign a grade of A-F to each public school in Georgia based on student achievement, achievement gap closure, and student progress, based on the state accountability system approved by the State Board of Education.
  • The bill defines the following types of at risk schools:
    • Qualifying School - a school that receives a rating of F for a minimum of three consecutive years.
    • School on Probation - a school that receives a rating of F for a minimum of two consectuvie years.
    • Shool on Warning - a school that receives a rating of F for one year.
• The OSD is authorized to assume the supervision, managment and operation of public elementary and secondary schools which have been determined to be failing.
• The OSD may select up to 20 qualifying schools annually to supervise and administer.  The total number of schools in the OSD shall not exceed 100 at any given time.
  • The selection of qualifying schools for transferto the OSD shall be based on an analysis of performance over the 3 year period and other considerations, including geographic clusters of qualifying schools, feeder patterns with multiple elighble schools, availability of qualified partners, and community engagement.  The school selection shall allow for parent and community input, but the final selection shall be in the sole discretion of the OSD Superintendent. 
  • The OSD Superintendent will have sole discretion in determining the timing and sequencing of transfering qualifying schools to the OSD.
  • The OSD Superintendent may waive specifically identified SBOE rules, regulations, policies and porcedures or provisions of Chapter 2 of this title for opportuntity schools, with the goal of each waiver being the improvement of student performance.
  • The OSD Superintendent may not waive any federal, state, and local rules regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; reporting requirements; requirements relating to fingerprint & criinal background check; state accountability requirements, including teacher and leader evaluation.
• Opportunity schools may be subject to any of the following intervention models, as determined by the OSD Superintendent:      
  1. Direct management by the OSD.
  2. Shared governance by the OSD and the local board of education, pursuant to a contract in which the local board of education operates the school, but the OSD Superintendent has the authority to direct changes to be made at the school.
  3. Reconstitution of the school as a state charter school.
  4. Closure of the school which is not enrolled at full capacity and reassignment of the students to a nonqualifying school in the district
• For schools under the Direct management of the OSD, the OSD shall be authorized to have a direct role in making decisions about school finance, human capital, and curriculum and instrution for the opportunity school, while developing the leadership capacity in such schools. 
• For schools under the Shared Governance and State Charter School intervention models, the school leadership teams shall be authorized to made decisions about school finance, human capital, and curriculum and instruction; provided that the OSD Superintendent may direct such local school administrators to make certain decisions under the intervention model.
• Opportunity schools may purchase services from the OSD, the local board of education, or an education service provider for routine student support and operation services.
• The local board of education will be required to cooperate fully with the opportunity school and to make available at a reasonable cost all services requested, which may include transportation, cafeteria services, custodial services, alternative education, broadband, utilities, special education sevices, test administration services, and student information services. 
• The OSD Superintendent or state charter school governing board shall select and hire the school leadership team.  Within the limits of the budget, staffing shall be determined by the school leadership team with guidance from the OSD or state charter school governing board.
• Current school employees-- The OSD or state charter school governing board shall have the authority to decide whether any leader, teacher, or staff member perviously assigned to the qualifying school shall continue as an employee of the opportunity school.
  • Those selected for retention shall become employees of the OSD or state charter school governing board and be under their control.
  • Those who are subject to O.C.G.A. § 20-2-942 (Fair Dismissal Act) who is not given the option to continue as an employee of the OSD, shall remain an employee of the local board of education.
    • The local board of education may  determine whether or not to continue the employment of any teacher who is not given the option to contine as an employee of the OSD, subject to the provisions of the Fair Dismissal Act.

    This provision is problematic for school districts, in that the district is responsible for providing the Fair Dismissal Hearing, providing compelling evidence, and bearing the costs for these hearings, based on the OSD's decision to not extend an offer of continued employment. 

• Each Opportunity School shall have a governing board that is involved in school-level governance of the school.  Members of the governing board must meet the following qualifications:
  • Must be a United State citizen;
  • Must be a resident of Georgia;
  • Must not be an employee of the opportunity school.

The following are the responsibility of the OSD Superintendent for schools other than state charter schools and for the State Charter Schools Commission for state charter schools.

• Set clear goals, empower and equip teachers and school leaders to meet the goals, and hold such teachers and school leaders accountable to meet the goals.
• Approve appropriate waivers for the qualifying school.

The OSD Superintendent shall:

• Select or approve the school leadership team for opportunity schools, including the governing board members for schools that become state charter schools. 
• Enter into an agreement with the school leadership team or local board of education regarding specific goals for each opportunity schooll related to higher academic outcomes, quality careers for graduates, safe and positive learning environments for children, parent and community engagement, and efficient and effective use of taxpayer dollars.
• Assist schools seeking to become state charter schools by:
  • Soliciting, screening, and selecting or approving state charter school governing board members; and
  • Assisting the state charter school governing board in the charter petition development and review process.

The State Charter Schools Commission shall:

• Provide necessary support to Opportunity Schools seeking to become state charter schools by soliciting, screening, and selecting education service providers, including independent consultants, education management organizations, charter management organizations, and other support organizations that can partner with the state charter school governing boards to support or operate the school.
• Establish a separate application cycle for opportunity schools seeking state charter status.

Facilities:

• Facilities of qualifying schools that are transferred to the supervision of the OSD shall come under the control of the OSD.
• The OSD Superintendent may repurpose the faclity for use by an education service provider to operate the school.
• The OSD or education service provider shall be responsible for the pro-rata bond indebtedness of the school.
• The contents of the facility, including textbooks, technology, media resources, instructional equipment, and all other resources shall remain with the facility and available for use by the opportunity school.
• The OSD or education service provider shall be responsible for the routine maintenance or repair of the facilities and property, as well as reasonable costs for all utilities at the opportunity school.
• The local board of education shall continue to be responsible for extensive repairs to buildings or facilities considered capital expenses.
• Fixtures, imiprovements, or tangible assets added to the school by the OSD whie the school is an opportunity school shall remain with the school building upon its return to the control of the local board of education.

Length of time as an Opportunity School:

• Minimum of 5 consecutive years or for a State Charter School for the term of the initial charter.
• No more than 10 years
• Renewal of a charter shall result in the exit of the school from the OSD
• If ineffective as a charter school, the school shall return to the governance of the OSD. 
• For other opportunity schools, the OSD Superintendent, school, school community, and school's local board of education shall negotiate to determine the best transition plan for the school to leave the supervision of OSD.

The OSD will be treated as a single local education agency.  Opportunity schools that are state charter schools shall be treated individually as single education agencies. 

The OSD shall b responsible for data reporting for all opportunity schools, except those reconstituted as state charter schools.

Funding:

• QBE formula earnings, QBE grants, and federal grants earned by the school based on the school's enrollment, school lprofile, and student characteristics.
• A proportional share of state categorical grants, non-QBE state grants, state equalization grants, and all other state and federal grants.
• An amount determined by OSD for each student enrolled in an opportunity school equal to a proportional share of the local revenue from the local school system in which the school is located.  
• The OSD may withhold up to 3% of earned funding for administration of the OSD.
• The General Assembly may allocate additional funds, which shall be used at the discretion of the OSD Superintendent for necessary and innovative purposes.
• Private funds may be solicited and accepted by the OSD to support opportunity schools.

Effective Date:

Beginning with the 2017-18 school year, if the following occur:

• SR 287 passes by a 2/3's majority in both the House and Senate.
• The Constitutional Amendment called for by SR 287 is approved by a majority of voters in the November 2016 General Election.