House Bill 1308
By: Representatives Silcox of the 53rd, Hilton of the 48th, Jones of the 47th, Rice of the 139th,
and Cox of the 28th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to
elementary and secondary education, so as to provide for local and state charter schools and
charter school petitioners to have the right to lease, utilize, or buy unused facilities of a local
board of education, subject to conditions; to provide for such conditions; to provide for
construction; to revise a definition; to make conforming changes and to modernize certain
terms; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and
secondary education, is amended in Part 1 of Article 11, relating to powers of local boards
relative to public school property and facilities, by revising Code Section 20-2-520, relating
to acquiring and disposing of school sites, building, repairing, renting, and furnishing
schoolhouses, as follows:
"20-2-520.
(a) <del>The county boards</del> <ins>Each local board</ins> of education shall have the power to purchase,
lease, or rent <ins>real property for use as</ins> school sites; build, repair, or rent <del>schoolhouses</del> <ins>school
</ins>
<ins>buildings;</ins> purchase maps, globes, and school furniture; and make all arrangements
necessary to the efficient operation of the schools. <del>Such county boards</del> <ins>Local boards of
education</ins> are invested with the title, care, and custody of all <del>schoolhouses or</del> <ins>school
buildings and</ins> other <ins>real and personal</ins> property, with the power to control such property in
such manner as they think will best serve the interests of the public schools; and when, in
the opinion of the <del>county board,</del> <ins>local board of education,</ins> any <del>schoolhouse</del> <ins>school</ins> site <ins>or
building</ins> has become unnecessary or inconvenient, they may sell it in the name of the
<del>county board</del> <ins>local board of education, subject to the provisions of subsection (h) of Code
Section 20-2-2068.2;</ins> and the conveyance for any such sale shall be executed by the
president or secretary of the <del>county board</del> <ins>local board of education,</ins> according to the order
of the <del>county board</del> <ins>local board of education.</ins> <del>Such county boards</del> <ins>Each local board of
education</ins> shall have the power to receive any gift, grant, donation, or devise made for the
use of the public schools within the respective <del>counties</del> <ins>territorial limits of the local school
system;</ins> and all conveyances of real <del>estate</del> <ins>property</ins> which may be made to such <del>a county
board</del> <ins>local board of education</ins> shall vest the property in such <del>county board</del> <ins>local board of
education</ins> and its successors in office. <del>Such county board</del> <ins>Each local board of education
</ins> may provide for the building of <del>schoolhouses</del> <ins>school buildings</ins> by a tax on all property
located in the <del>county and outside the</del> territorial limits of <del>any independent</del> <ins>the local</ins> school
system. The construction of all public school buildings must be approved by the <del>county
</del> <ins>local</ins> school superintendent and <del>county board</del> <ins>local board of education</ins> and must be
according to the plans furnished by the <del>county school authorities</del> <ins>local school system</ins> and
the State Board of Education. All public school construction contracts in excess of
$250,000.00 shall be publicly advertised and awarded through an open and competitive
process, regardless of the funding source.
(b) If a <del>schoolhouse</del> <ins>school building or school</ins> site has become unnecessary or
inconvenient, as provided by subsection (a) of this Code section, and if the state or the
county or municipality whose territorial boundaries include such <del>schoolhouse</del> <ins>school
</ins>
<ins>building or school</ins> site needs such <ins>building or</ins> site for any governmental purpose, then the
<del>county board</del> <ins>local board of education</ins> may sell or convey such schoolhouse <ins>building or</ins> site
to the state or such county or municipality for such consideration and subject to such
conditions, if any, as may be determined by such <del>county board</del> <ins>local board of education,
subject to the provisions of subsection (h) of Code Section 20-2-2068.2.
</ins> (c) In addition to school property <del>and facilities</del> provided for in subsection (a) of this Code
section, a <del>county board of education or an area</del> local board of education is authorized to
expend educational funds available to it for the purpose of acquiring, improving, and
selling real or personal property in connection with its secondary and postsecondary
vocational education curricula or program."
SECTION 2.
Said chapter is further amended in Article 31, the "Charter Schools Act of 1998," by revising
subsection (h) of Code Section 20-2-2068.2, relating to facilities grants for charter schools,
purposes for which grants may be used, upkeep of charter school property, and availability
of unused facilities, as follows:
"(h)(1) As used in this subsection, the term 'unused facilities' means real property of a
local board of education, including educational facilities, as defined in Code
Section 20-2-260, which <ins>are not in use or</ins> have not been used <ins>within the previous two
school years</ins> by the local board of education <del>for the previous two years and which are not
included in the local school system's five-year educational facilities plan</del> <ins>as an
educational facility with at least 60 percent of such facility used for direct student
instruction.
</ins> (2) Each local board of education shall make its unused facilities available to local
charter schools <ins>and state charter schools.</ins> The terms of a <del>local</del> charter school's use <ins>or
purchase</ins> of a facility owned by a local board of education shall be subject to negotiation
between the local board and the <del>local</del> charter school and shall be memorialized as a
separate agreement. A <del>local</del> charter school that is allowed to use such a facility under
such an agreement shall not sell or dispose of any interest in such property without the
written permission of the local board <ins>of education.</ins> A local charter school may not be
charged a rental or leasing fee for the existing facility or for property normally used by
the public school which became the local charter school. <del>A local charter school that
receives property from a local board may not sell or dispose of such property without the
written permission of the local board.</del> <ins>If a local board of education and a state charter
school do not agree on terms for use of an unused facility after negotiations between the
parties, or if such parties dispute whether the facility is an unused facility as provided for
in paragraph (1) of this subsection, the charter school shall be permitted to submit a
written petition to the Office of Charter School Compliance requesting that the Office of
Charter School Compliance determine in writing whether the parties acted in good faith
during such negotiations. The Office of Charter School Compliance shall be authorized
to attempt to resolve any dispute between the parties to negotiate a contract to lease or
sell the unused facility
</ins> (3) Prior to denying the use by a local charter school of an unused facility, <ins>or if the local
board of education and the charter school dispute whether the facility is an unused facility
as provided for in paragraph (1) of this subsection,</ins> the local charter school shall have the
right to a hearing before the local board of education in accordance with Code Section
20-2-1160, including the right to appeal an adverse local board decision.
<ins>Notwithstanding any provision in Code Section 20-2-1160 to the contrary, the local
charter school shall be permitted to appeal the decision by a local board of education to
deny the use by a local charter school of an unused facility to the Office of Charter
School Compliance. Such appeal to the Office of Charter School Compliance shall not
be construed or applied to foreclose, waive, or otherwise prejudice any right of the local
charter school provided for in Code Section 20-2-1160.
</ins>
<ins>(4)(A) A local or state charter school that either currently operates a charter school
with an attendance zone that includes an unused facility or a state charter school that
submits a petition pursuant to Code Section 20-2-2064 or 20-2-2084 to operate a charter
school with a proposed attendance zone that includes an unused facility shall be offered
the right to lease, utilize, or buy the unused facility by the local board of education.
(B) The right to lease, utilize, or buy an unused facility provided for in this subsection
shall:
(i) Include both the right of first offer and the right of first refusal;
(ii) Be exercisable by the charter school or charter school petitioner at any time and
notwithstanding the current use of the unused facility, except as provided in
paragraph (3) of this subsection; and
(iii) Be subject to the following conditions:
(I) The charter school petitioner submits the charter petition in a good faith effort
seeking approval of such charter petition with the intent to operate a charter school;
(II) The charter petition substantially complies with the rules, regulations, policies,
and procedures promulgated in accordance with Code Section 20-2-2063;
(III) The terms and conditions of the right to lease, utilize, or buy the unused
facility shall be subject to good faith negotiations by and between the charter school
or charter school petitioner and the local board of education;
(IV) The right of a charter school or charter school petitioner to lease, utilize, or
buy the unused facility shall automatically terminate upon the adoption of a
resolution by the local board of education to reopen the school previously operated
at the unused facility or to open a new school at the unused facility, provided that
the attendance zone of such reopened school or new school shall comprise at least
90 percent of the attendance zone of the school previously operated at the unused
facility. Upon the termination of the right of a charter school or charter school
petitioner to lease, utilize, or buy an unused facility under this paragraph, the charter
</ins>
<ins>school or charter school petitioner shall be entitled to compensation by the local
board of education for the consideration provided by the charter school or charter
school petitioner in exchange for such right; and
(V) A charter school petitioner's right to lease, utilize, or buy the unused facility
shall automatically terminate upon the denial by all possible authorizers of the
charter school petition. Upon the termination of the right of a charter school or
charter school petitioner to lease, utilize, or buy an unused facility under this
paragraph, the charter school or charter school petitioner shall be entitled to
compensation by the local board of education for the consideration provided by the
charter school or charter school petitioner in exchange for such right."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.