---
title: Sen Floor Amend 1 AM 61 0040 to SB 10
collection: amendment
id: amendment:2025-2026/sb10/248101
cite_as: SB 10, Sen Floor Amend 1 AM 61 0040
canonical_url: https://georgiacommons.org/bills/2025-2026/sb10/amendments/248101
md_url: https://georgiacommons.org/bills/2025-2026/sb10/amendments/248101.md
text_url: https://georgiacommons.org/bills/2025-2026/sb10/amendments/248101/text
source_url: https://www.legis.ga.gov/api/legislation/document/20252026/248101
date: 2026-09-25
license: Public record of the Georgia General Assembly, from its website (legis.ga.gov)
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
version: Sen Floor Amend 1 AM 61 0040
version_id: amendment:2025-2026/sb10/248101@248101
---

# Sen Floor Amend 1 AM 61 0040 to SB 10

ADOPTED
Senator Dixon of the 45th offered the following amendment #1:
Amend the House substitute to SB 10 (LC 48 1626S) by replacing lines 1 through the end
with the following:
To amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to
facilities grants for charter schools, purposes for which grants may be used, upkeep of charter
school property, and availability of unused facilities, so as to revise provisions relating to the
use of unused facilities by charter schools and charter school petitioners; to provide for
negotiations between local boards of education and charter schools and charter school
petitioners; to provide for conditions on such use or purchase of unused facilities; to provide
for appeals and petitions; to revise a definition; to provide for an effective date and
applicability; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to facilities
grants for charter schools, purposes for which grants may be used, upkeep of charter school
property, and availability of unused facilities, is amended by revising subsection (h) 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
</del>
<del>included in the local school system's five-year educational facilities plan</del> <ins>for the education
and direct instruction of students in the curriculum and content standards established
pursuant to Part 2 of Article 6 of this chapter.
</ins> (2) <del>Each</del> <ins>If requested by a charter school or charter school petitioner, each</ins> local board
of education shall <ins>negotiate in good faith to</ins> make its unused facilities available <ins>for lease
or purchase</ins> to local charter schools <ins>and state charter schools, 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.</ins> The terms of a <del>local</del> charter school's <ins>or charter school petitioner's</ins> 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 local charter school and shall be memorialized as a separate
agreement. A <del>local</del> charter school <ins>or charter school petitioner</ins> 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> (3) Prior to denying the use <ins>or purchase</ins> 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 or purchase 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
</ins>
<ins>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.
(4) If a local board of education and a state charter school or charter school petitioner do
not agree on terms for use or sale 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 or charter school petitioner 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.
(5) The right of a charter school or charter school petitioner to lease, utilize, or buy the
unused facility shall automatically terminate, effective at the end of the current school
year, 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.
(6) This subsection shall apply only to school buildings that were designed and
constructed for use as school buildings for the purpose of providing direct instruction and
educational services to students. This subsection shall not apply to the central or
administrative offices of local boards of education.
(7) Any sale or conveyance of a school building or site under this subsection shall
comply with Article III, Section VI, Paragraph VI(a) of the Georgia Constitution."
</ins>
SECTION 2.
This Act shall become effective on July 1, 2026, and shall apply to all school years beginning
with the 2026-2027 school year.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.