SB 369: "Charter Schools Act of 1998"; completion charter schools; provide

Senate Bill 369

By: Senators Still of the 48th, Esteves of the 35th, Kemp of the 38th and Brass of the 6th AS PASSED

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 require the State Board of Education to adopt definitions, rules, regulations, policies, and procedures to govern the operation of nontraditional education programs; to revise the "Dexter Mosely Act" to allow for virtual school students from qualifying virtual schools to participate in specified extracurricular and interscholastic activities under the sponsorship, direction, and control of the student's resident public school or resident public school system; to provide for requirements of such virtual school student participation; to provide for virtual school qualifications; to provide for definitions; to provide for related matters; to require local boards of education and other public school governing bodies to consider the total cost of ownership and related factors when purchasing school technology devices; to provide for reports; to provide for locally authorized dropout recovery charter schools; to provide for the conversion of existing charter schools to dropout recovery charter schools; to provide for measurable objective performance standards; to provide for separate principles, standards, and reports for dropout recovery charter schools; to revise provisions for incentive grants for local boards of education to approve charter school petitions; to revise provisions for the Office of Charter School Compliance; to revise provisions relative to charter petitions by existing charter schools; to revise provisions relative to state charter school records; to provide for definitions; to provide for related matters; 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.

Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Part 3 of Article 6, relating to educational programs under the "Quality Basic Education Act," by adding a new Code section to read as follows:

"20-2-154.4.

(a)(1) By July 1, 2027, the State Board of Education shall establish definitions, rules, regulations, policies, and procedures to govern the operation of nontraditional education programs and services, including, but not limited to:

(A) Dropout prevention and academic intervention programs;

(B) Programs for high school credit recovery; and

(C) Opportunities for students to schedule classes outside of the traditional school day, school week, and school year.

(2) The definitions, rules, regulations, policies, and procedures provided for under paragraph (1) of this subsection shall require that a nontraditional education program or school provide an explanation of:

(A) The special education services to be provided pursuant to Code Section 20-2-152, the remedial education program services to be provided pursuant to Code Section 20-2-154, and other nontraditional education programs and services to be provided;

(B) The measurable objective performance standards in the areas of academic achievement, student growth, and student retention to be established, monitored, evaluated, and reported; and

(C) The monitoring, evaluating, and reporting procedures in meeting such performance standards.

(b) In the annual report required by paragraph (2) of subsection (a) of Code Section 20-14-27, the Office of Student Achievement shall separately report on the performance of nontraditional education programs and services in local school systems."

SECTION 2.

Said chapter is further amended in Part 14 of Article 6, relating to other educational programs under the "Quality Basic Education Act," by revising Code Section 20-2-319.6, relating to home study student participation in resident school system extracurricular and interscholastic activities, short title, definitions, requirements for participation, impact of student withdrawal, and reporting requirements, as follows:

"20-2-319.6.

(a) This Code section shall be known and may be cited as the 'Dexter Mosely Act.'

(b) As used in this Code section, the term:

(1) 'Athletic association' means any association of schools or any other similar organization which acts as an organizing, sanctioning, scheduling, or rule-making body for interscholastic activities in which public schools in this state participate.

(2) 'Extracurricular activities' means public school-sponsored school sponsored activities in which students take part on a voluntary basis; which do not offer or provide school or course credits; which are generally conducted outside regular school hours or, if conducted in whole or in part during regular school hours, at times agreed to by the participants and approved by a school official; and which are managed and operated under the guidance of a teacher, other school employee, or other adult approved by a school official. Examples of extracurricular activities include but are not limited to intramural and interscholastic athletics; band, chorus, and other musical activities; drama and other theatrical activities; and clubs and organizations as defined in subsection (a) of Code Section 20-2-705.

(3) 'Home study student' means any student in grades six through 12 who is in a home study program that meets the requirements of subsection (c) of Code Section 20-2-690.

(4) 'Interscholastic activities' means extracurricular activities, public school-sponsored school sponsored athletic programs, and other public school-sponsored school sponsored programs that are sanctioned or supported by a state-wide interscholastic activities governing body, including but not limited to an athletic association.

(5) 'Qualifying course' means a course facilitated by the home study student's resident school system:

(A) By applying one or more of the mechanisms provided for in paragraphs (1) through (4) of subsection (b) of Code Section 20-2-319.4;

(B) By way of a dual credit course as provided for in Code Section 20-2-161.3; or

(C) By way of an on-site course required for participation in designated extracurricular and interscholastic activities.

(6) 'Qualifying virtual school' means a public school in this state that provides solely virtual instruction and that does not offer to students enrolled in grades six through 12 one or more school sponsored interscholastic athletic programs or other school sponsored programs that are sanctioned or supported by a state-wide interscholastic activities governing body.

(6)(7) 'Resident school' means the public school in which a home study student or virtual school student would be enrolled based on his or her residence. (7)(8) 'Resident school system' means the public school system in which a home study student or virtual school student would be enrolled based on his or her residence.

(9) 'Virtual school student' means a student in grades six through 12 enrolled full-time in a qualifying virtual school.

(c) A home study student shall be eligible to participate in extracurricular activities and interscholastic activities under the sponsorship, direction, and control of the resident school or resident school system, provided that each of the following requirements is met:

(1) At least 30 calendar days before the first school day of the semester in which a home study student will enroll in a qualifying course as provided in paragraph (2) of this subsection, a parent or guardian of the home study student provides to the principal of the resident school and the superintendent of the resident school system:

(A) Written notice that the home study student intends to participate in one or more specified extracurricular or interscholastic activities as a representative of the resident school or resident school system; and

(B) A copy of the home study student's most recent annual progress assessment report, as provided for in paragraph (8) of subsection (c) of Code Section 20-2-690, along with written verification by the home study program instructor that the home study student is currently receiving a passing grade in each home study program course, is maintaining satisfactory progress toward advancement, and meets the requirements for participation in the specified extracurricular or interscholastic activity;

(2) For each semester of the regular school year during any part of which the home study student participates in an extracurricular or interscholastic activity, the home study student enrolls in and attempts to complete one qualifying course;

(3) The home study student meets established age, academic, behavioral, conduct, disciplinary, residence, zoning, and other rules and requirements applicable to all students for participation in the specified extracurricular or interscholastic activity and provides any supporting documentation required by the resident school;

(4) The home study student abides by the same student code of conduct and disciplinary measures and transportation policies as students enrolled at the resident school who are participating in the same extracurricular or interscholastic activity as the home study student;

(5) The home study student completes the tryout process or the equivalent for participation in the specified extracurricular or interscholastic activity applicable to all students for participation in the specified extracurricular or interscholastic activity and provides any supporting documentation required by the resident school; and

(6) For an extracurricular or interscholastic activity which involves a competitive selection process, the home study student is selected.

(c.1) Beginning with the 2027-2028 school year, a virtual school student shall be eligible to participate in extracurricular activities and interscholastic activities under the sponsorship, direction, and control of the resident school or resident school system, provided that each of the following requirements is met:

(1) At least 30 calendar days before the first school day of the semester in which a virtual school student intends to participate in one or more extracurricular or interscholastic activities, a parent or guardian of the virtual school student provides to the principal of the resident school and the superintendent of the resident school system:

(A) Written notice that the virtual school student intends to participate in one or more specified extracurricular or interscholastic activities as a representative of the resident school or resident school system; and

(B) A copy of the virtual school student's most recent report card or its equivalent, along with written verification by the virtual school that the virtual school student is currently receiving a passing grade in each course and meets the requirements for participation in the specified extracurricular or interscholastic activity;

(2) The virtual school student meets established age, academic, behavioral, conduct, disciplinary, residence, zoning, and other rules and requirements applicable to all students for participation in the specified extracurricular or interscholastic activity and provides any supporting documentation required by the resident school;

(3) The virtual school student abides by the same student code of conduct and disciplinary measures and transportation policies as students enrolled at the resident school who are participating in the same extracurricular or interscholastic activity as the virtual school student;

(4) The virtual school student completes the tryout process or the equivalent for participation in the specified extracurricular or interscholastic activity applicable to all students for participation in the specified extracurricular or interscholastic activity and provides any supporting documentation required by the resident school; and

(5) For an extracurricular or interscholastic activity which involves a competitive selection process, the virtual school student is selected.

(d) A student who withdraws from a public school to participate in a home study program or enroll in a qualifying virtual school shall be ineligible for participation in any extracurricular or interscholastic activity for 12 months from the date of the declaration of intent to utilize a home study program provided to the Department of Education as provided under paragraph (2) of subsection (c) of Code Section 20-2-690 or enrollment in the qualifying virtual school.

(e) For purposes of this Code section, participation in an extracurricular or interscholastic activity includes participation in the following school-sponsored school sponsored activities related to the extracurricular or interscholastic activity: tryouts; off-season practice, rehearsal, or conditioning; summer and holiday practice, rehearsal, or conditioning; in-season practice, rehearsal, or conditioning; and all exhibitions, contests, and competitions, including scrimmage, preseason, regular season, postseason, and invitational.

(f) A resident school, a resident school system, or an athletic association shall not deny a home study student or a virtual school student the opportunity to try out and participate if selected in any extracurricular or interscholastic activities available at the resident school or in the resident school system if the student meets the requirements contained in subsection (c) or (c.1) of this Code section, respectively, and is not ineligible under subsection (d) of this Code section.

(g) No public high school which receives funding under this article shall participate in, sponsor, or provide coaching staff for interscholastic activities which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association that does not deem eligible for participation a home study student or virtual school student who meets the requirements contained in subsection (c) or (c.1) of this Code section, respectively, and is not ineligible under subsection (d) of this Code section.

(h) Home study students and virtual school students shall participate in extracurricular or interscholastic activities, as authorized under this Code section, on behalf of such home study student's resident school.

(i) The specific assigned program of each home study student enrolled in a qualifying course shall be included for a one-sixth segment of the school day, or the block scheduling equivalent, by the home study student's resident school system in reports made to the Department of Education as provided in subsection (a) of Code Section 20-2-160.

(j) The provisions of this Code section relating to qualifying virtual schools and virtual school students shall apply beginning with the 2027-2028 school year."

SECTION 3.

Said chapter is further amended in Article 19, relating to instructional materials and content, is amended by adding a new Code section to read as follows:

"20-2-1018.

(a) As used in this Code section, the term:

(1) 'Break/fix rate' means the number of school technology devices reported as malfunctioning or needing repair prior to the end of the device's life cycle as stated by the manufacturer due to physical damage, hardware failure, or other breakage incidents which are not covered by insurance or a policy plan period during a school year divided by the total number of school technology devices in operation during the same school year.

(2) 'Department' means the Department of Education.

(3) 'School technology device' or 'device' means electronic or computerized equipment greater than $100.00 in value provided for educational purposes in a public school, including, but not limited to, computers, tablets, and interactive whiteboards, and associated hardware, software, and technical equipment.

(b) When purchasing school technology devices, each local board of education and other public school governing body shall take into consideration the following factors:

(1) The long-term cost of ownership of such devices, including the costs of repairs;

(2) The flexibility for innovation during the life of such devices; and

(3) The anticipated resale or salvage value of such devices compared to the initial purchase cost of such devices.

(c) Beginning in 2027, no later than October 15 of each year, each local board of education and other public school governing body shall submit a report to the department which includes the following information for the respective local school system or public school for the preceding school year:

(1) The total number of school technology devices in operation;

(2) The break/fix rate of school technology devices;

(3) The total number of school technology devices which required repair and the number of such devices that underwent repair or were out of service; and

(4) The total amount spent to repair or replace school technology devices.

(d) Beginning in 2027, no later than December 31 each year, the department shall submit a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Education and the Senate Education and Youth Committee which shall include the information provided to the department pursuant to subsection (c) of this Code section."

SECTION 4.

Said chapter is further amended in Article 31, the "Charter Schools Act of 1998," by adding a new paragraph to Code Section 20-2-2062, relating to definitions, to read as follows: "(4.01)(A) 'Dropout recovery charter school' means a charter school authorized by a local board of education and the State Board of Education that enrolls students in any of grades six through 12 and provides:

(i) Special education services as provided for in Code Section 20-2-152;

(ii) Remedial education program services as provided for in Code Section 20-2-154; and

(iii) Nontraditional education programs and services, including, but not limited to:

(I) Dropout prevention and academic intervention programs;

(II) Programs for high school credit recovery; and

(III) Opportunities for students to schedule classes outside of the traditional school day, school week, and school year.

(B) Such term shall not include a school that serves students in any of grades kindergarten through five."

SECTION 5.

Said article is further amended in Code Section 20-2-2063, relating to charter petitions, by adding a new subsection to read as follows:

"(e)(1) The State Board of Education shall establish rules, regulations, policies, and procedures to govern the contents of a charter petition for a dropout recovery charter school.

(2) The State Board of Education shall establish rules, regulations, policies, and procedures to provide for charter petitions for a dropout recovery charter school. Such rules, regulations, policies, and procedures shall require that a charter petition and the charter contain an explanation of:

(A) The special education services to be provided pursuant to Code Section 20-2-152, the remedial education program services to be provided pursuant to Code Section 20-2-154, and other nontraditional education programs and services to be provided; and

(B) The measurable objective performance standards in the areas of academic achievement, student growth, and student retention that will be established, monitored, evaluated, and reported.

(3) The State Board of Education shall establish policies, rules, and regulations to provide for an existing charter school to convert its current charter to a dropout recovery charter school charter, which shall be subject to the initial term restriction provided for in subsection (b) of Code Section 20-2-2067.1."

SECTION 6.

Said article is further amended in Code Section 20-2-2063.3, relating to code of principles and standards for charter school authorizers, by revising subsection (a) as follows: "(a)(1) The State Board of Education and the State Charter Schools Commission shall jointly establish a code of principles and standards of charter school authorizing to guide local boards of education, the state board, and the State Charter Schools Commission in meeting high-quality authorizing practices. The principles and standards established by the state board and the State Charter Schools Commission shall, as applicable, include: (1)(A) Maintaining high standards for approving charter petitions; (2)(B) Establishing high academic, financial, and operational performance standards for charter schools;

(3)(C) Annually monitoring, evaluating, and reporting charter school progress in meeting academic, financial, and operational performance standards, including ensuring that a local school system has not been designated as a high-risk local school system by the Department of Audits and Accounts pursuant to Code Section 20-2-67, or if it has been designated as a high-risk local school system, that it has a written corrective action plan in place and that local school system board members and appropriate personnel participate in required training to address the deficiencies; (4)(D) Upholding charter school autonomy in school governance, instructional program implementation, personnel, and budgeting;

(5)(E) Protecting students and holding charter schools accountable for their obligations to all students; and

(6)(F) Protecting the public interest and holding charter schools accountable for their obligations of governance, management, and oversight of public funds.

(2) Notwithstanding any provision of paragraph (1) of this subsection to the contrary, the principles and standards established by the state board and the State Charter Schools Commission shall establish separate principles and standards for dropout recovery charter schools, which may include the same or similar principles and standards provided for in paragraph (1) of this subsection, but which shall include provisions for:

(A) Establishing measurable objective performance standards in the areas of academic achievement, student growth, and student retention; and

(B) Monitoring, evaluating, and reporting progress in meeting such performance standards.

(3) In the annual report required by paragraph (2) of subsection (a) of Code Section 20-14-27, the Office of Student Achievement shall separately report on the performance of dropout recovery charter schools."

SECTION 7.

Said article is further amended by revising Code Section 20-2-2064.2, relating to promotion of approval of new local charter school petitions and incentive grants, as follows:

"20-2-2064.2.

(a) The State Board of Education state board, in collaboration with the State Charter Schools Commission Office of Charter School Compliance, 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 state board 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 $250,000.00 by August 1 September 1 of each of the first three years of such local charter school's operation 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 the 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.

(3) The total amount of incentive grants provided under this subsection shall not exceed $2.25 million in any fiscal year.

(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 be limited to, hiring qualified personnel and providing for oversight, compliance monitoring, and professional development related to local charter school authorization.

(d) The Department of Education shall implement and administer distribute the incentive grant program provided for in grants authorized pursuant to subsection (b) of this Code section and the Office of Charter School Compliance shall provide any technical assistance necessary to local school systems in to support of compliance with the requirements of this Code section.

(e) This Code section shall stand automatically repealed on July 1, 2035."

SECTION 8.

Said article is further amended by revising paragraph (4) of subsection (b) of Code Section 20-2-2065, relating to waiver of provisions of this title, requirements for operating, and control and management, as follows:

"(4) Organized and operated as a nonprofit corporation or company under the laws of this state; provided, however, that this paragraph shall not apply to any charter petitioner that is a local school, local school system, or state or local public entity;"

SECTION 9.

Said article is further amended by revising subsection (a) of Code Section 20-2-2069, relating to the Office of Charter School Compliance and Office of District Flexibility, 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 state board 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 such committee's review and recommendations to the state board;

(4) Administer any state or federal charter school implementation grant program grant programs;

(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, which shall include, but shall not be limited to, information regarding the effectiveness of the incentives incentive grants and the adherence of local school systems to the requirements provided for in Code Sections 20-2-2064 and 20-2-2064.2;

(7) 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 local school systems as charter school authorizers, 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 10.

Said chapter is further amended in Article 31A, relating to state charter schools, by revising paragraph (4) of Code Section 20-2-2081, relating to definitions, as follows: "(4) 'Governing board' means the governing board of the nonprofit organization, or the parent corporation of such nonprofit organization if such parent corporation is the sole member of such nonprofit organization, which is the charter petitioner for a state charter school and which is the same as the governing board of the state charter school which is involved in school-level school level governance of the state charter school."

SECTION 11.

Said chapter is further amended in said article by revising Code Section 20-2-2085, relating to petitions by existing charter schools, as follows:

"20-2-2085.

A petition may be submitted pursuant to this Code section by an existing charter school approved by a local board of education or the State Board of Education, provided that the obligations of its charter with the local board of education or State Board of Education will expire prior to entering into a new charter with the commission. The commission shall not act on a petition submitted pursuant to this Code section unless the local board of education that authorizes the charter school has voted to terminate or nonrenew the charter contract or otherwise fails to renew the charter contract by a date established by the State Board of Education. Upon the existing charter school's request, a local board of education or the State Board of Education in the case of a state chartered special school may agree to rescind or waive the obligations of a current charter to allow a petition to be submitted by an existing charter school pursuant to this Code section. An existing charter school that is established as a state charter school pursuant to this Code section shall be allowed to continue the use of all facilities, equipment, and other assets it used prior to the expiration or rescission of its charter with a local board of education; provided, however, that the local board of education shall be authorized to charge or continue to charge a reasonable fee for use of the facilities."

SECTION 12.

Said chapter is further amended in said article by revising subsection (b) of Code Section 20-2-2088.1, relating to ownership and maintenance of state charter school records, as follows:

"(b) In the event that a state charter school ceases operations for any reason, including, but not limited to, the termination, nonrenewal, or abandonment of the state charter school's charter, the nonprofit entity which held the charter contract shall retain ownership, including all incumbent responsibilities of an operational state charter school, of all records for a period of one year 180 days from the later of the date the charter contract expired, the date the charter contract was terminated, or the date the state charter school ceased operations. Incumbent responsibilities include, but are not limited to, transferring student records to public or private schools, schools operated by the Department of Juvenile Justice, and the local school system or schools from which the records are requested. After the one-year 180 day period, the nonprofit entity which held the charter contract shall transfer all records, including student records, to the commission in the format and manner specified by the commission."

SECTION 13.

This Act shall become effective on July 1, 2026.

SECTION 14.

All laws and parts of laws in conflict with this Act are repealed.