2020 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 4 - Increased Flexibility for Local School Systems
§ 20-2-84. Accountability, Flexibility, and Consequences Components of Contract

1. The accountability component of the contract provided in Code Section 20-2-83 shall include at least one of the student achievement measures in paragraphs (1) through (4) of this subsection, including both total scores and any needed targeted subgroups:
   1. High school graduation rates;
   2. SAT or ACT performance;
   3. State standardized test data, which may include end-of-grade assessments, end-of-course assessments, or a combination thereof;
   4. Advanced placement or international baccalaureate participation and performance; and
   5. Any other accountability measures included pursuant to Part 3 of Article 2 of Chapter 14 of this title.
2. The flexibility component of the contract provided in Code Section 20-2-83 shall include the waiver or variance of at least one of the areas in paragraphs (1) through (4) of this subsection as requested by the local school system:
   1. Class size requirements in Code Section 20-2-182;
   2. Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter;
   3. Certification requirements in Code Section 20-2-200;
   4. Salary schedule requirements in Code Section 20-2-212; and
   5. Any other requirements or provisions of this chapter as identified by the local school system and approved by the state board except as provided in subsection (e) of Code Section 20-2-82.
3. The consequences component of the contract provided in Code Section 20-2-83 shall include:
   1. Interventions or sanctions for failure to meet identified levels of achievement or for not showing specified levels of progress pursuant to Code Section 20-14-41, which may be accelerated; and
   2. Loss of governance of one or more nonperforming schools by the local school system in accordance with Code Section 20-2-84.1.

      Consequences shall be incurred upon noncompliance of a local school system with the accountability component of its contract; provided, however, that if a local school system has been in compliance with the accountability component of its contract for at least three years, consequences shall not be invoked upon the fifth year of the contract, and such school system may request an extension of its contract and corresponding flexibility from the state board. If the local school system or a school within the school system meets the performance goals in its contract for such school system or school by the end of the fifth year of the contract, the school system or school shall be deemed to have met its contract performance goals. The schedule of interventions or sanctions, including loss of governance, for failure to meet identified levels of achievement or specified levels of progress shall be mutually agreed upon in the contract. If the Office of Student Achievement recommends to the state board that loss of governance not be included in a contract with respect to a high-performing school, the contract may provide alternate terms with respect to that school.

(Code 1981, §20-2-84, enacted by Ga. L. 2008, p. 82, § 1/HB 1209; Ga. L. 2013, p. 1061, § 3/HB 283; Ga. L. 2015, p. 21, § 1/HB 91; Ga. L. 2015, p. 92, § 3/SB 133; Ga. L. 2019, p. 1056, § 20/SB 52.)

The 2015 amendments. The first 2015 amendment, effective March 30, 2015, substituted "end-of-grade assessments," for "criterion-referenced competency tests, the Georgia High School Graduation Test," in paragraph (a)(3). The second 2015 amendment deletes "pursuant to Code Section 20-14-41, which may be accelerated" from paragraph (1) of subsection (b). For effective date of this amendment, see the Editor's note.

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted "high-performing school" for "high performing school" in the last sentence of the undesignated language at the end of subsection (c).

- The constitutional amendment proposed in Ga. L. 2015, p. 92, § 6(a)/SB 133, which would have revised paragraph (c)(1) to read as follows: "Interventions or sanctions for failure to meet identified levels of achievement or for not showing specified levels of progress; and", was defeated in the general election held November 8, 2016.