Current through Rules and Regulations filed through March 20, 2024
(1)
Charter Amendments. The provisions of the charter between the
state charter school and the State Charter School Commission of Georgia (SCSC)
may be amended during the term of the charter upon agreement between the
charter school and the SCSC.
(2)
Charter Termination in General. The charter for a state charter
school may be terminated for failure to adhere to any material term of the
charter, including but not limited to, its performance goals, the charter
school's failure to meet generally accepted standards of fiscal management, the
charter school's violation of applicable federal, state, or local laws or court
orders, or any other reason provided in law.
(3)
Charter Termination Initiated by
the SCSC.
(a) The SCSC shall notify the
state charter school of its intention to convene a hearing for the purpose of
determining whether the charter school is in violation of a provision of
O.C.G.A. §
20-2-2068(a)(2).
The notification shall include the specific provisions of O.C.G.A. §
20-2-2068(a)(2)
that the charter school is alleged to have violated and shall contain all
information required by the Georgia Administrative Procedure Act, specifically
O.C.G.A. §
50-13-13(a)(2).
(b) The state charter school shall have
thirty (30) days from the date of the SCSC notification to submit a written
response to SCSC staff. The written response must be received by SCSC staff by
close of business on the thirtieth day following the date of the SCSC
notification, unless the thirtieth day falls on a weekend or state holiday, in
which case the written response must be received by SCSC staff by close of
business next business day.
(c) The
SCSC shall conduct a hearing following the state charter school's opportunity
to respond. The hearing shall be held in accordance with the Georgia
Administrative Procedure Act, O.C.G.A. §
50-13-1, et. seq.. The SCSC shall
conduct the hearing and render a decision within any applicable timeframe
established under the Georgia Administrative Procedure Act. The SCSC, in its
sole discretion, may refer the matter for a hearing by the Office of State
Administrative Hearings.
(d) In the
event the SCSC determines that the charter will be terminated, the SCSC shall
provide a written statement detailing the reasons for termination.
(4)
Charter Termination
Initiated by the State Charter School. The governing board of a state
charter school may request that the SCSC terminate its charter. Such request
shall be made in writing to the SCSC. The SCSC shall act upon the request for
termination without conducting a hearing.
(5)
Charter Termination Initiated by
Parents or Staff.
(a) Pursuant to
O.C.G.A. §
20-2-2068(a)(1), the majority of parents or faculty and instructional staff may request that a
state charter school's charter be terminated. The group requesting the
termination of a charter under O.C.G.A. §
20-2-2068(a)(1)
shall submit a written petition to the SCSC that includes the following
information:
1. Evidence that the group held
a public meeting pursuant to O.C.G.A. §
20-2-2068(a)(1)
within the thirty (30) days preceding the date of the petition.
2. A copy of the minutes of the public
meeting where the request for termination was voted upon.
3. A written statement, including supporting
documentation, detailing which grounds for termination, as listed under
O.C.G.A. §
20-2-2068(a)(2,)
the group is requesting termination.
4. Evidence that the group provided an
identical copy of the materials being provided to the SCSC to request
termination of the charter to the officials of the state charter school, which
must, at a minimum, include the school leader and president of the governing
board. A written statement signed by a member of the group requesting
termination stating that such materials were provided to the officials of the
state charter school may serve as evidence of such; and
5. Any other information the group requesting
the termination of a charter deems pertinent.
(b) The state charter school shall have
thirty (30) days from the date the charter school officials first receive the
group's petition requesting termination to submit a written response to SCSC
staff. The written response must be received by SCSC staff by close of business
on the thirtieth day following the date of the first receipt of the petition
requesting termination, unless the thirtieth day falls on a weekend or state
holiday, in which case the written response must be received by SCSC staff by
close of business the next business day.
(c) Upon receipt of the request for
termination and following the 30-day period for the state charter school's
response, and at the request of the charter school or group petitioning for the
closure of the charter school, the SCSC shall conduct a hearing and render a
decision in accordance with Georgia's Administrative Procedures Act. If no such
request for a hearing is made, the parties waive their right to a hearing and
the SCSC shall render a vote based only upon information submitted by the
parties and recommendation of SCSC staff.
(d) If the SCSC votes not to terminate the
charter, the SCSC shall take notice of the request for termination during the
renewal process for the state charter school, if any.
O.C.G.A §
20-2-2068;
2091.