Compilation of Rules and Regulations of the State of Georgia
Department 691 - RULES OF STATE CHARTER SCHOOLS COMMISSION OF GEORGIA
Chapter 691-2 - PRACTICE AND PROCEDURE
Rule 691-2-.10 - State Charter School Suspension and Probation
Universal Citation: GA Rules and Regs r 691-2-.10
Current through Rules and Regulations filed through March 20, 2024
(1) Pre-Opening Suspension
(a) The governing board of any non-profit
organization approved to operate a start-up, replication, or transfer state
charter school must demonstrate that the state charter school is adequately
prepared to begin operations by meeting the State Charter Schools Commission's
(SCSC) pre-opening requirements and demonstrating the state charter school's
ability to meet the obligations of the charter contract.
(b) To demonstrate that the state charter
school is adequately prepared to begin operations, the state charter school
must meet all SCSC pre-opening requirements in the form and manner prescribed
by the SCSC and must demonstrate its compliance with applicable laws; rules of
the State Board of Education; rules, and policies of the SCSC; and the charter
contract. The SCSC Executive Director shall have the sole discretion to
determine whether a state charter school has demonstrated adequate preparation
for operations.
(c) If the SCSC
Executive Director determines that a state charter school has failed to
demonstrate adequate preparation to begin operations, the Executive Director
may suspend the state charter school's opening until the SCSC Executive
Director determines that the state charter school has demonstrated adequate
preparation to begin operations.
(d) Any pre-opening suspension imposed
pursuant to this rule shall not result in the automatic extension of the
charter term.
(2) Suspension
(a) In cases where the physical
and/or mental health, safety, or welfare of students or staff of a state
charter school is in danger or the SCSC has reasonable suspicion of fraud,
waste, or abuse of state charter school funds, the SCSC may, through a regular
or called meeting, suspend the operations of the state charter school.
1. If the SCSC suspends the operations of a
state charter school, the state charter school shall not enroll new students or
continue to implement its education program, or otherwise provide instruction
to enrolled students. The state charter school shall not receive state funding
allocations for the period of suspension. The state charter school shall not
enter any new contractual agreements without prior written consent from the
SCSC Executive Director. The state charter school shall be prohibited from
continuing all but essential functions for the period of suspension.
2. Essential functions include oversight of
pre-existing contractual obligations, ensuring the protection of school
records, funds, property and equipment, transfer of records to other schools,
school districts, or educational providers, and other activities deemed
essential by SCSC staff.
(b) If operations are suspended, the state
charter school shall be required to provide documents and information to the
SCSC in the form and at the time required by the SCSC relevant to school
operations, finance, and academics through the period of suspension and until
the end of the suspension period or until such time that the charter contract
is terminated pursuant to procedures in
691-2-.04(3).
(c) Nothing in this subsection shall prohibit
a state charter school placed on suspension from requesting that the SCSC
terminate its charter pursuant to SCSC rule
691-2-.04(4). Such
request shall be made in writing to the SCSC. The SCSC shall act upon the
request for termination without conducting a hearing.
(3) Placing a Charter on Probationary Status
(a) The SCSC Executive Director may place a
state charter school on probationary status if there is reason to believe that
any of the following has occurred or is imminent:
1. failure to timely remedy noncompliance
with any material term of the charter after written notice from the SCSC,
including but not limited to, the performance goals set forth in the
charter;
2. repeated failure to
adhere to the rules, policies, and guidelines adopted or established by the
SCSC;
3. repeated failure to meet
generally accepted government accounting (GAAP) standards;
4. repeated violations of applicable federal,
state, or local laws or court orders;
5. the existence of substantial evidence that
the continued operation of the state charter school could be contrary to the
best interest of the students or the community;
6. the governing board has demonstrated an
inability to provide effective leadership or otherwise oversee the state
charter school's operation;
7.
failure to disclose material information regarding violations or potential
violations of any material term of the charter or applicable federal, state, or
local laws or court orders;
8.
failure to disclose to the SCSC the conditions that place the physical health,
safety, or welfare of students or staff of the state charter school at
risk;
9. repeated failure to
disclose to the SCSC circumstances that may impair or prevent the state charter
school from implementing the education program required by the
charter;
10. failure to meet the
academic, financial, or operational standards in the SCSC's Comprehensive
Performance Framework (CPF) for two consecutive years;
11. for schools serving students in grades 9
through 12, failure to maintain accreditation and meet the requirements to be
an eligible high school as defined in O.C.G.A. §
20-3-519(6)(A)
prior to any student's high school graduation from the state charter school;
and,
12. any other reason that
would lead to the eventual termination or non-renewal of the charter if not
resolved.
(b) If a state
charter school is placed on probation, the following shall apply:
1. the SCSC shall provide written notice to
the state charter school of the reasons for such placement and the duration of
probation, not later than five (5) days after the placement;
2. no later than thirty (30) days after the
date of such placement, the state charter school shall file with the SCSC a
corrective action plan that addresses the reasons outlined for the probation
and a timeline for remedying those issues;
3. the SCSC may approve the corrective action
plan as submitted, require specific corrective action, or impose additional
terms of probation on the state charter school that it deems
necessary;
4. the state charter
school shall implement the corrective action plan and complete any required
corrective or other actions that the SCSC requires;
5. during the term of probation, the SCSC may
require the state charter school to file interim reports concerning any matter
deemed relevant to the probationary status of the state charter school,
non-renewal of the charter, or termination of the charter, including inventory
and financial reports or statements; and,
6. the SCSC may amend the probation length
based on its review of the interim reports or corrective
actions.
(c) The state
charter school may be removed from probation upon fulfilling the terms of its
corrective action plan and upon the SCSC's determination that the conditions
which precipitated the probation no longer exist and that no new conditions
necessitate probationary status.
(d) Failure to implement the corrective
action plan within the required time, to produce interim reports in the form
and at the time required by the SCSC, or to remediate the conditions that
precipitated the probation may result in a recommendation that the SCSC
initiate charter termination proceedings consistent with the provisions of SCSC
Rule 691-2-.04(3) or a
notice to the state charter school of the SCSC's intent not to renew the
charter.
(e) If the SCSC notifies
the state charter school that it will not renew the charter during the
probationary period, the state charter school shall be required to provide
documents and information to the SCSC in the form and at the time required by
the SCSC relevant to the school's operations, finance, and academics. The SCSC
may require the state charter school to communicate specific information to its
stakeholders. If the SCSC requires the state charter school to communicate
specific information to its stakeholders, the state charter school must do so
in the form and at the time required by the SCSC.
(f) The SCSC may consider a state charter
school's probationary status at any time, including but not limited to charter
renewal or termination, when reviewing a request to expand, add grades, or
replicate, or when returning surplus funds from the SCSC's authorized
administrative withhold to state charter schools.
O.C.G.A. §§ 20-2-2083; 2091.
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