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, the
"Charter Schools Act of 1998," so as to enact the "Local Charter School Authorization and
Support Act of 2025"; to provide for the State Charter Schools Commission to establish a
program for the purposes of promoting and supporting the approval of new local charter
school petitions by local boards of education and to provide incentive grants to local boards
of education that approve new local charter school petitions; to provide for the award and use
of such incentive grants; to provide for the Office of Charter School Compliance to
implement and administer such incentive programs and to provide technical assistance to
local school systems; to require local boards of education to provide certain written
statements to the State Board of Education and the Office of Charter School Compliance
upon denying a local charter school petition whereupon the corresponding state charter
school petition is approved by the State Charter Schools Commission, subject to an
exception; to provide for accountability for local boards of education that deny two or more
local charter school petitions whereupon the corresponding state charter school petition is
approved by the State Charter Schools Commission during a certain period; to provide for
local boards of education to reconsider the denial of local charter school petitions; to require
the Office of Charter School Compliance to prepare guidelines for local boards of education
for the evaluation of charter school petitions; to revise reporting; to provide for related
matters; to provide for legislative findings and intent; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
(a) The General Assembly finds that charter schools, including locally authorized charter
schools, provide innovative and effective educational opportunities for students in Georgia.
(b) It is the intent of the General Assembly to:
(1) Encourage local school systems to serve as local authorizers of charter schools;
(2) Provide financial incentives to local school systems that authorize and oversee charter
schools; and
(3) Ensure accountability for local school systems that consistently deny charter petitions
that are subsequently approved by the State Charter Schools Commission.
SECTION 2.
This Act shall be known and may be cited as the "Local Charter School Authorization and
Support Act of 2025."
SECTION 3.
Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Charter
Schools Act of 1998," is amended by revising Code Section 20-2-2064, relating to approval
or denial of petition, as follows:
"20-2-2064.
(a) A charter petitioner seeking to create a conversion charter school <del>must</del> <ins>shall</ins> submit a
petition to the local board of the local school system in which the proposed charter school
will be located. The local board <del>must</del> <ins>shall</ins> by a majority vote approve or deny a petition
no later than 90 days after its submission unless the petitioner requests an extension;
provided, however, that a denial of a petition by a local board shall not preclude the
submission to the local board of a revised petition that addresses deficiencies cited in the
denial; and provided, further, that the local board shall not act upon a petition for a
conversion charter school, including, but not limited to, a conversion charter for a high
school cluster, until such petition:
(1)(A) Has been freely agreed to, by secret ballot, by a majority of the faculty and
instructional staff members of the petitioning local school at a public meeting called
with two weeks' advance notice for the purpose of deciding whether to submit the
petition to the local board for its approval; and
(B) Has been freely agreed to, by secret ballot, by a majority of the parents or
guardians of students enrolled in the petitioning local school present at a public meeting
called with two weeks' advance notice for the purpose of deciding whether to submit
the petition to the local board for its approval; or
(2) If for a high school cluster, has been approved by a majority of the school councils
in the high school cluster and has been freely agreed to, by secret ballot, by at least 60
percent of the combined vote of the faculty and instructional staff members of the high
school cluster and the parents or guardians of students who reside in the attendance zone
of such high school cluster present at a public meeting called with two weeks' advance
notice for the purpose of deciding whether to submit the petition to the local board for its
approval. Each school council within the high school cluster shall appoint two
representatives to a committee that shall conduct the vote.
<ins>The provisions of this</ins> <del>This</del> subsection shall not apply to a system charter school petitioning
to be a conversion charter school.
(b) A charter petitioner seeking to create a start-up charter school <del>must</del> <ins>shall</ins> submit a
petition to the local board of the local school system in which the proposed charter school
will be located. The local board <del>must</del> <ins>shall</ins> by a majority vote approve or deny a petition
no later than 90 days after its submission unless the petitioner requests an extension. A
denial of a petition by a local board shall not preclude the submission <del>to the local board</del> of
a revised petition <ins>to the local board</ins> that addresses deficiencies cited in the denial.
(c) A system charter school's school council or governing council, as applicable, may
petition to become a conversion charter school. The petition shall be submitted to the local
board of the charter system in which the school is located. The local board <del>must</del> <ins>shall</ins> by
a majority vote approve or deny a petition no later than 90 days after its submission unless
the petitioner requests an extension; provided, however, that a denial of a petition by a local
board shall not preclude the submission <del>to the local board</del> of a revised petition <ins>to the local
board</ins> that addresses deficiencies cited in the denial.
(d)(1) A local board shall approve a petition that complies with the rules, regulations,
policies, and procedures promulgated in accordance with Code Section 20-2-2063 and
the provisions of this title and is in the public interest.
<ins>(2)</ins> If a local board denies a petition, it <del>must</del> <ins>shall</ins> within <del>60</del> <ins>ten</ins> days <ins>provide a written
statement of denial to the charter petitioner, the state board, and the Office of Charter
School Compliance</ins> specifically <del>state</del> <ins>stating</ins> the reasons for the denial, <del>list</del> <ins>and listing</ins> all
deficiencies with respect to Code Section 20-2-2063, <ins>detailing existing access to school
choice options for students in the local school system, and assessing the academic
performance of existing local schools in the area the charter school proposed to serve.
Within three days of such written statement being received by the Office of Charter
School Compliance, such written statement shall be published on the public website of
the Office of Charter School Compliance</ins> <del>and provide a written statement of the denial
to the charter petitioner and the state board.
</del> <ins>(3) If a local board denies a local charter school petition and the corresponding state
charter school petition is subsequently approved by the State Charter Schools
Commission as provided in Code Section 20-2-2084:
</ins>
<ins>(A) The Office of Charter School Compliance shall notify the local board of such
approval; and
(B) The state board and the Office of Charter School Compliance shall, upon review
of the local school system's written statement of denial provided for in paragraph (2)
of this subsection and the State Charter Schools Commission's rationale for approving
the charter petition, provide guidance to or recommend authorizer training for the local
school system, as appropriate.
(4)(A) Except as provided for in subparagraph (B) of this paragraph, if the local board
of a local school system with enrollment of more than 10,000 students, based on such
local school system's full-time equivalent program count calculated as provided for in
subsection (b) of Code Section 20-2-160, denies two or more local charter school
petitions, and the corresponding state charter school petitions are subsequently
approved by the State Charter Schools Commission as provided in Code Section
20-2-2084 during the same term of such local school system's charter system contract
or strategic waivers school system contract, such local school system shall not be
eligible or authorized to renew its charter system status granted under Code Section
20-2-2063.2 or any strategic waivers granted under Article 4 of this chapter for up to
three years following the termination or expiration of its current charter system contract
or strategic waivers school systems contract, or until the state board determines the
local school system has demonstrated its commitment to increasing student
performance and encouraging innovation through high quality local charter petition
authorizations.
(B) The provisions of subparagraph (A) of this paragraph shall not apply to a local
school system with a charter system contract or strategic waivers school system
contract that, according to the terms of such contract in place on January 1, 2025, will
expire on or before July 1, 2025, until the term of such local school system's new or
renewed charter system contract or strategic waivers school system contract begins.
</ins>
(e) The state board or the Charter Advisory Committee, if directed by the state board to
do so, may mediate between the local board and a charter petitioner whose petition was
denied to assist in resolving issues which led to denial of the petition by the local board."
SECTION 4.
Said article is further amended by adding a new Code section to read as follows:
<ins>"20-2-2064.2.
(a) The State Charter Schools Commission shall establish a program for the purposes of
promoting and supporting the approval of new local charter school petitions by local boards
of education and to provide incentive grants to local boards of education that approve new
local charter school petitions. The State Charter Schools Commission shall promulgate
such rules and regulations as it deems necessary to carry out the provisions and intent of
this Code section.
(b)(1) Subject to appropriations, for each new local charter school petition approved by
a local board of education after June 30, 2025, such local board of education shall receive
an incentive grant of $100,000.00 by August 1 of each of the three years following such
approval, provided that such local charter school remains authorized by such local board
of education. In the event that available appropriations are not sufficient to cover the
total amount of such incentive grants provided for in this subsection, the amount of each
such grant shall be reduced proportionally, providing incentive grants in equal amounts
to each such local board of education.
(2) Incentive grants provided for in paragraph (1) of this subsection shall be provided
only for the approval of new local charter school petitions and not for the approval or
renewal of an existing local charter school.
(c) Incentive grants awarded pursuant to subsection (b) of this Code section may be used
by the receiving local board of education for expenses incurred by the local board of
education in its role as a local charter school authorizer, which may include, but shall not
</ins>
<ins>be limited to, hiring qualified personnel and providing for oversight, compliance
monitoring, and professional development related to local charter school authorization.
(d) The Office of Charter School Compliance shall implement and administer the incentive
grant program provided for in subsection (b) of this Code section and shall provide
technical assistance necessary to local school systems in support of compliance with the
requirements of this Code section."
</ins> SECTION 5.
Said article is further amended in Code Section 20-2-2069, relating to the Office of Charter
School Compliance and the Office of District Flexibility, by revising subsection (a) as
follows:
"(a) There is established within the State Charter Schools Commission an Office of Charter
School Compliance, which shall be staffed with personnel as provided for in subsection
(d.1) of Code Section 20-2-2082, who shall report directly to the State Board of Education
for purposes of this subsection. The responsibilities of such office shall be to:
(1) Prepare charter school guidelines to be approved by the state board;
(2) Distribute charter school petition information to inquiring parties;
(3) Process all charter school petitions and coordinate with the Charter Advisory
Committee established pursuant to Code Section 20-2-2063.1 to facilitate its review and
recommendations to the state board;
(4) Administer any state or federal charter school implementation grant program;
(5) Contract with an independent party to evaluate the performance of charter schools,
as such performance relates to fulfilling the terms of their charters;
(6) Compile information necessary to produce the annual report required by Code
Section 20-2-2070, <ins>which shall include, but shall not be limited to, information regarding
the effectiveness of the incentives and the adherence of local school systems to the
requirements provided for in Code Sections 20-2-2064 and 20-2-2064.2;</ins> <del>and
</del>
(7) <ins>Prepare guidelines for local boards of education for the evaluation of charter school
petitions. Such guidelines shall be published on the public website of the Department of
Education and shall include:
(A) Criteria for evaluating the academic, operational, and financial plans of the charter
petitioner;
(B) Best practices for conducting a thorough and objective review of charter petitions;
(C) Procedures for public hearings and community input on charter petitions; and
(D) A standardized evaluation rubric for use by local boards of education during the
evaluation of charter petitions; and
(8) Provide technical assistance to</ins> <del>Assist</del> local school systems as charter school
authorizers <del>as challenges arise,</del> support local school systems as needed to implement best
practices in charter school authorization, and regularly engage with local school systems
to promote charter school authorization at the local level."
SECTION 6.
Said article is further amended by revising Code Section 20-2-2070, relating to annual report
to General Assembly, as follows:
"20-2-2070.
<ins>No</ins> <del>The state board shall report to the General Assembly no</del> later than December 31 <del>of</del> each
year, <ins>the state board shall submit a report</ins> on the status of the charter school program <ins>to the
Speaker of the House of Representatives; the President of the Senate; the chairpersons of
the House Committee on Education, the Senate Education and Youth Committee, the
House Committee on Appropriations, and the Senate Appropriations Committee; and the
Office of Planning and Budget."
</ins>
SECTION 7.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.