HB202: HB202 Local Charter School Authorization and Support Act of 2025; enact

25 LC 49 2151 House Bill 202 By: Representatives Hilton of the 48th, Jones of the 47th, Dubnik of the 29th, Jones of the 25th, Rice of the 139th, and others A BILL TO BE ENTITLED AN ACT To amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the1 "Charter Schools Act of 1998," so as to enact the "Local Charter School Authorization and2 Support Act of 2025"; to provide for the State Charter Schools Commission to establish a3 program for the purposes of promoting and supporting the approv al of new local charter4 school petitions by local boards of education and to provide incentive grants to local boards5 of education that approve new local charter school petitions; to provide for the award and use6 of such incentive grants; to provide for the Office of Charter School Compliance to7 implement and administer such incentive programs and to provide technical assistance to8 local school systems; to require local boards of education to p rovide certain written9 statements to the State Board of Education and the Office of Ch arter School Compliance10 upon denying a local charter school petition whereupon the corr esponding state charter11 school petition is approved by the State Charter Schools Commis sion, subject to an12 exception; to provide for accountability for local boards of education that deny two or more13 local charter school petitions whereupon the corresponding stat e charter school petition is14 approved by the State Charter Schools Commission during a certain period; to provide for15 local boards of education to reconsider the denial of local charter school petitions; to require16 the Office of Charter School Compliance to prepare guidelines for local boards of education17 for the evaluation of charter school petitions; to revise repor ting; to provide for related18 H. B. 202 - 1 - 25 LC 49 2151 matters; to provide for legislative findings and intent; to pro vide for an effective date; to19 repeal conflicting laws; and for other purposes.20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:21 SECTION 1.22 (a) The General Assembly finds that charter schools, including locally authorized charter23 schools, provide innovative and effective educational opportunities for students in Georgia.24 (b) It is the intent of the General Assembly to:25 (1) Encourage local school systems to serve as local authorizers of charter schools;26 (2) Provide financial incentives to local school systems that authorize and oversee charter27 schools; and28 (3) Ensure accountability for local school systems that consistently deny charter petitions29 that are subsequently approved by the State Charter Schools Commission.30 SECTION 2.31 This Act shall be known and may be cited as the "Local Charter School Authorization and32 Support Act of 2025."33 SECTION 3.34 Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Charter35 Schools Act of 1998," is amended by revising Code Section 20-2-2064, relating to approval36 or denial of petition, as follows:37 "20-2-2064.38 (a) A charter petitioner seeking to create a conversion charter school must shall submit a39 petition to the local board of the local school system in which the proposed charter school40 will be located. The local board must shall by a majority vote approve or deny a petition41 H. B. 202 - 2 - 25 LC 49 2151 no later than 90 days after its submission unless the petitione r requests an extension;42 provided, however, that a denial of a petition by a local board shall not preclude the43 submission to the local board of a revised petition that addresses deficiencies cited in the44 denial; and provided, further, that the local board shall not a ct upon a petition for a45 conversion charter school, including, but not limited to, a con version charter for a high46 school cluster, until such petition:47 (1)(A) Has been freely agreed to, by secret ballot, by a major ity of the faculty and48 instructional staff members of the petitioning local school at a public meeting called49 with two weeks' advance notice for the purpose of deciding whet her to submit the50 petition to the local board for its approval; and51 (B) Has been freely agreed to, by secret ballot, by a majority of the parents or52 guardians of students enrolled in the petitioning local school present at a public meeting53 called with two weeks' advance notice for the purpose of deciding whether to submit54 the petition to the local board for its approval; or55 (2) If for a high school cluster, has been approved by a majority of the school councils56 in the high school cluster and has been freely agreed to, by se cret ballot, by at least 6057 percent of the combined vote of the faculty and instructional staff members of the high58 school cluster and the parents or guardians of students who reside in the attendance zone59 of such high school cluster present at a public meeting called with two weeks' advance60 notice for the purpose of deciding whether to submit the petition to the local board for its61 approval. Each school council within the high school cluster s hall appoint two62 representatives to a committee that shall conduct the vote.63 The provisions of this This subsection shall not apply to a system charter school petitioning64 to be a conversion charter school.65 (b) A charter petitioner seeking to create a start-up charter school must shall submit a66 petition to the local board of the local school system in which the proposed charter school67 will be located. The local board must shall by a majority vote approve or deny a petition68 H. B. 202 - 3 - 25 LC 49 2151 no later than 90 days after its submission unless the petitione r requests an extension. A69 denial of a petition by a local board shall not preclude the submission to the local board of70 a revised petition to the local board that addresses deficiencies cited in the denial.71 (c) A system charter school's school council or governing coun cil, as applicable, may72 petition to become a conversion charter school. The petition shall be submitted to the local73 board of the charter system in which the school is located. The local board must shall by74 a majority vote approve or deny a petition no later than 90 days after its submission unless75 the petitioner requests an extension; provided, however, that a denial of a petition by a local76 board shall not preclude the submission to the local board of a revised petition to the local77 board that addresses deficiencies cited in the denial.78 (d)(1) A local board shall approve a petition that complies with the rules, regulations,79 policies, and procedures promulgated in accordance with Code Se ction 20-2-2063 and80 the provisions of this title and is in the public interest.81 (2) If a local board denies a petition, it must shall within 60 ten days provide a written82 statement of denial to the charter petitioner, the state board, and the Office of Charter83 School Compliance specifically state stating the reasons for the denial, list and listing all84 deficiencies with respect to Code Section 20-2-2063, detailing existing access to school85 choice options for students in the local school system, and ass essing the academic86 performance of existing local schools in the area the charter s chool proposed to serve. 87 Within three days of such written statement being received by t he Office of Charter88 School Compliance, such written statement shall be published on the public website of89 the Office of Charter School Compliance and provide a written statement of the denial90 to the charter petitioner and the state board.91 (3) If a local board denies a local charter school petition an d the corresponding state92 charter school petition is subsequently approved by the State C harter Schools93 Commission as provided in Code Section 20-2-2084:94 H. B. 202 - 4 - 25 LC 49 2151 (A) The Office of Charter School Compliance shall notify the l ocal board of such95 approval; and96 (B) The state board and the Office of Charter School Compliance shall, upon review97 of the local school system's written statement of denial provided for in paragraph (2)98 of this subsection and the State Charter Schools Commission's rationale for approving99 the charter petition, provide guidance to or recommend authorizer training for the local100 school system, as appropriate.101 (4)(A) Except as provided for in subparagraph (B) of this paragraph, if the local board102 of a local school system with enrollment of more than 10,000 students, based on such103 local school system's full-time equivalent program count calculated as provided for in104 subsection (b) of Code Section 20-2-160, denies two or more loc al charter school105 petitions, and the corresponding state charter school petitions are subsequently106 approved by the State Charter Schools Commission as provided in C o d e S e c t i o n107 20-2-2084 during the same term of such local school system's charter system contract108 or strategic waivers school system contract, such local school system shall not be109 eligible or authorized to renew its charter system status grant ed under Code Section110 20-2-2063.2 or any strategic waivers granted under Article 4 of this chapter for up to111 three years following the termination or expiration of its current charter system contract112 or strategic waivers school systems contract, or until the stat e board determines the113 local school system has demonstrated its commitment to increasi ng student114 performance and encouraging innovation through high quality loc al charter petition115 authorizations.116 (B) The provisions of subparagraph (A) of this paragraph shall not apply to a local117 school system with a charter system contract or strategic waive rs school system118 contract that, according to the terms of such contract in place on January 1, 2025, will119 expire on or before July 1, 2025, until the term of such local school system's new or120 renewed charter system contract or strategic waivers school system contract begins.121 H. B. 202 - 5 - 25 LC 49 2151 (e) The state board or the Charter Advisory Committee, if dire cted by the state board to122 do so, may mediate between the local board and a charter petiti oner whose petition was123 denied to assist in resolving issues which led to denial of the petition by the local board."124 SECTION 4.125 Said article is further amended by adding a new Code section to read as follows:126 "20-2-2064.2.127 (a) The State Charter Schools Commission shall establish a program for the purposes of128 promoting and supporting the approval of new local charter school petitions by local boards129 of education and to provide incentive grants to local boards of education that approve new130 local charter school petitions. The State Charter Schools Comm ission shall promulgate131 such rules and regulations as it deems necessary to carry out the provisions and intent of132 this Code section.133 (b)(1) Subject to appropriations, for each new local charter school petition approved by134 a local board of education after June 30, 2025, such local board of education shall receive135 an incentive grant of $100,000.00 by August 1 of each of the three years following such136 approval, provided that such local charter school remains authorized by such local board137 of education. In the event that available appropriations are n ot sufficient to cover the138 total amount of such incentive grants provided for in this subsection, the amount of each139 such grant shall be reduced proportionally, providing incentive grants in equal amounts140 to each such local board of education.141 (2) Incentive grants provided for in paragraph (1) of this sub section shall be provided142 only for the approval of new local charter school petitions and not for the approval or143 renewal of an existing local charter school.144 (c) Incentive grants awarded pursuant to subsection (b) of this Code section may be used145 by the receiving local board of education for expenses incurred by the local board of146 education in its role as a local charter school authorizer, which may include, but shall not147 H. B. 202 - 6 - 25 LC 49 2151 be limited to, hiring qualified personnel and providing for ove rsight, compliance148 monitoring, and professional development related to local charter school authorization.149 (d) The Office of Charter School Compliance shall implement and administer the incentive150 grant program provided for in subsection (b) of this Code secti on and shall provide151 technical assistance necessary to local school systems in support of compliance with the152 requirements of this Code section."153 SECTION 5.154 Said article is further amended in Code Section 20-2-2069, relating to the Office of Charter155 School Compliance and the Office of District Flexibility, by re vising subsection (a) as156 follows:157 "(a) There is established within the State Charter Schools Commission an Office of Charter158 School Compliance, which shall be staffed with personnel as pro vided for in subsection159 (d.1) of Code Section 20-2-2082, who shall report directly to the State Board of Education160 for purposes of this subsection. The responsibilities of such office shall be to:161 (1) Prepare charter school guidelines to be approved by the state board;162 (2) Distribute charter school petition information to inquiring parties;163 (3) Process all charter school petitions and coordinate with t he Charter Advisory164 Committee established pursuant to Code Section 20-2-2063.1 to facilitate its review and165 recommendations to the state board;166 (4) Administer any state or federal charter school implementation grant program;167 (5) Contract with an independent party to evaluate the performance of charter schools,168 as such performance relates to fulfilling the terms of their charters;169 (6) Compile information necessary to produce the annual report required by Code170 Section 20-2-2070, which shall include, but shall not be limited to, information regarding171 the effectiveness of the incentives and the adherence of local school systems to the172 requirements provided for in Code Sections 20-2-2064 and 20-2-2064.2; and173 H. B. 202 - 7 - 25 LC 49 2151 (7) Prepare guidelines for local boards of education for the evaluation of charter school174 petitions. Such guidelines shall be published on the public website of the Department of175 Education and shall include:176 (A) Criteria for evaluating the academic, operational, and financial plans of the charter177 petitioner;178 (B) Best practices for conducting a thorough and objective review of charter petitions;179 (C) Procedures for public hearings and community input on charter petitions; and180 (D) A standardized evaluation rubric for use by local boards of education during the181 evaluation of charter petitions; and182 (8) Provide technical assistance to Assist local school systems as charter school183 authorizers as challenges arise, support local school systems as needed to implement best184 practices in charter school authorization, and regularly engage with local school systems185 to promote charter school authorization at the local level."186 SECTION 6.187 Said article is further amended by revising Code Section 20-2-2070, relating to annual report188 to General Assembly, as follows:189 "20-2-2070.190 No The state board shall report to the General Assembly no later than December 31 of each191 year, the state board shall submit a report on the status of the charter school program to the192 Speaker of the House of Representatives; the President of the Senate; the chairpersons of193 the House Committee on Education, the Senate Education and Yout h Committee, the194 House Committee on Appropriations, and the Senate Appropriations Committee; and the195 Office of Planning and Budget."196 H. B. 202 - 8 - 25 LC 49 2151 SECTION 7.197 This Act shall become effective upon its approval by the Governor or upon its becoming law198 without such approval.199 SECTION 8.200 All laws and parts of laws in conflict with this Act are repealed.201 H. B. 202 - 9 -