2021 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 31 - Charter Schools Act of 1998
§ 20-2-2065. Waiver of Provisions of This Title; Requirements for Operating; Control and Management

1. Except as provided in this article or in a charter, a charter school, or for charter systems, each school within the system, shall not be subject to the provisions of this title or any state or local rule, regulation, policy, or procedure relating to schools within an applicable school system regardless of whether such rule, regulation, policy, or procedure is established by the local board, the state board, or the Department of Education; provided, however, that the state board may establish rules, regulations, policies, or procedures consistent with this article relating to charter schools. A waiver granted pursuant to this Code section for a charter system shall apply to each system charter school within the system. In exchange for such a waiver, the charter school agrees to meet or exceed the performance based goals included in the charter and approved by the local board or, for the charter system, the system agrees to meet or exceed the system-wide performance based goals included in the charter and approved by the state board, including but not limited to raising student achievement. For a charter system, the charter shall delineate the performance based goals that the system and each school will be expected to meet as well as the criteria by which a system charter may be revoked in addition to those contained in Code Section 20-2-2068.
2. In determining whether to approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school, or for charter systems, each school within the system, shall be:
   1. A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter school's nonprofit status shall not prevent the school from contracting for the services of a for profit entity and that nothing in this Code section shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting;
   2. Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school;
   3. Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school;
   4. Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to any charter petitioner that is a local school, local school system, or state or local public entity;
   5. Subject to all 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; and the prevention of unlawful conduct; provided, however, that if:
      1. A facility used for a charter school is owned or operated by any state agency or entity, and such facility or equipment purchased or used by the facility meets the safety standards of the state agency or entity that owns or operates such facility; or
      2. A facility used for a charter school is owned by a local educational agency and operated utilizing standards of a state agency or entity, and such facility or equipment purchased or used by the facility meets the safety standards of the state agency or entity with respect to structural soundness and sufficient maintenance,

         the facility or equipment or both shall be deemed to meet the safety requirements of this paragraph; provided, further, that in no event shall the state agency or entity or local educational agency owner or operator of a charter school with such facility or equipment be disqualified from eligibility for state grants or for federal grants awarded pursuant to state regulations due to such facility or equipment;

   6. Subject to all laws relating to unlawful conduct in or near a public school;
   7. Subject to an annual financial audit conducted by the state auditor or, if specified in the charter, by an independent certified public accountant licensed in this state; provided, however, that a separate audit shall not be required for a charter school if the charter school is included in the local school system audit conducted by the state auditor pursuant to Code Section 50-6-6;
   8. Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000;
   9. Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740;
   10. Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133;
   11. Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection;
   12. Subject to the provisions of Code Section 20-2-210 relating to annual performance evaluations;
   13. Subject to the provisions of Code Section 20-2-211.1 relating to fingerprint and criminal background checks;
   14. Subject to the provisions of subsection (c) of Code Section 20-2-327 relating to individual graduation plans; and
   15. Subject to the provisions of Code Section 20-2-153 relating to the early intervention program.

(Code 1981, §20-2-2065, enacted by Ga. L. 1998, p. 1080, § 3; Ga. L. 2000, p. 618, § 75; Ga. L. 2002, p. 388, § 1; Ga. L. 2005, p. 798, § 12/SB 35; Ga. L. 2006, p. 488, § 1/SB 610; Ga. L. 2007, p. 185, § 8/SB 39; Ga. L. 2010, p. 237, § 1G/HB 1079; Ga. L. 2011, p. 635, § 9/HB 186; Ga. L. 2013, p. 1061, § 27/HB 283; Ga. L. 2015, p. 1376, § 40/HB 502; Ga. L. 2021, p. 256, § 5/SB 59.)

The 2015 amendment, effective July 1, 2015, added paragraph (b)(12) and redesignated former paragraphs (b)(12) and (b)(13) as present paragraphs (b)(13) and (b)(14), respectively.

The 2021 amendment, effective July 1, 2021, in subsection (b), deleted "and" at the end of paragraph (b)(13), substituted "; and" for a period at the end of paragraph (b)(14), and added paragraph (b)(15).

- Pursuant to Code Section 28-9-5, in 2005, in paragraph (b)(4), "that" was substituted for "who" following "charter petitioner" and in paragraph (b)(7), "state auditor or," was substituted for "state auditor, or".

- Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'A Plus Education Reform Act of 2000.'"

Ga. L. 2007, p. 185, § 1/SB 39, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Charter Systems Act.'"

Ga. L. 2007, p. 185, § 2/SB 39, not codified by the General Assembly, provides: "The General Assembly finds that schools and school systems should be given high flexibility to tailor their educational programs to meet the unique needs of their communities. In furtherance of this, schools and school systems should be encouraged to use innovative educational programs including local management of schools and should be provided resources to help design and implement innovative programs. The General Assembly further finds that schools and school systems shall be held accountable for student achievement."

Ga. L. 2011, p. 635, § 1/HB 186, not codified by the General Assembly, provides: "The General Assembly finds that:

"(1) Our state's long-term prosperity depends on supporting an education system that is designed to prepare our students for a global economy;

"(2) High school students and parents must understand that they have options for career pathway programs of study that join a college-ready academic core with quality career, technical, and agricultural education studies that result in a high school diploma and preparation for success in advanced training, an associate's degree, a baccalaureate degree, and a career;

"(3) Local school systems must provide every student with choices that are academically rigorous and aligned to opportunities in high-demand, high-skill, high-wage career fields and to postsecondary career and technical pathways leading to advanced credentials or degrees;

"(4) The State Board of Education, the Board of Regents of the University System of Georgia, and the Board of Technical and Adult Education must work together so that academic courses that are embedded within career, technical, and agricultural education courses (CTAE) are given appropriate academic credit at the high school level and recognized at the postsecondary level;

"(5) Teachers should be provided with professional development opportunities that enforce the academically rigorous standards in relevant, project based coursework;

"(6) High school students should clearly understand the options for dual high school and postsecondary credit, and the state should properly fund these options;

"(7) Every state education agency, postsecondary institution, and local school system should provide all high school students with opportunities for accelerated learning through dual credit coursework leading to at least six postsecondary credits and have as a collective goal to graduate every student with postsecondary credit;

"(8) Georgia's strategic industries must be partners in our public education system (secondary and postsecondary) so that they are assured that our high school graduates are prepared for success in the workforce;

"(9) Georgia's public education system must incorporate many different types of assessments and certificates into their programs so that a student's skill level is assessed and that it also has meaning to them for postsecondary and career success; and

"(10) Georgia's students must understand that a high school diploma and some form of postsecondary credential are key to success in the workforce and earning a family living wage."

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 115 (2011). For article, "Education: Elementary and Secondary Education," see 28 Ga. St. U.L. Rev. 115 (2011). For note on 2007 amendment of this Code section, see 24 Ga. St. U.L. Rev. 121 (2007).

JUDICIAL DECISIONS

Entitlement to sovereign immunity.

- Dismissal of the whistleblowers' complaint filed by two teachers against a charter school and the school's chief executive officer was affirmed because the charter school was a public entity entitled to sovereign immunity and since the charter school was an instrumentality of the state, the chief executive officer was entitled to official immunity. Campbell v. Cirrus Education, Inc., 355 Ga. App. 637, 845 S.E.2d 384 (2020).

Cited in Campbell v. Cirrus Education, 355 Ga. App. 628, 845 S.E.2d 393 (2020).

State charter schools are subject to the control and management of the local board of education. 2001 Op. Att'y Gen. No. 2001-9.

Teachers at charter schools shall be members of the Teachers Retirement System. 1999 Op. Att'y Gen. No. U99-4.

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of statute or regulation governing charter schools, 78 A.L.R.5th 533.