SB475: SB475 Charter School Funding; local boards of education to treat local charter schools no less favorably than other local schools; expenditure of the proceeds of a special purpose local option sales tax; require

26 LC 49 2848S The House Committee on Education offers the following substitute to SB 475: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to1 elementary and secondary education, so as to provide that a petition signed by 10 percent of2 the qualified voters in an independent school system shall be r equired in order to hold an3 election to determine whether to annul the special law of the independent school system so4 that it becomes a part of the respective county school system or systems in which the territory5 of the independent school system is located; to repeal outdated terms and provisions; to make6 conforming changes; to require local boards of education to treat local charter schools no less7 favorably than other local schools with respect to the expenditure of the proceeds of a special8 purpose local option sales tax for education; to provide for an effective date; to provide for9 related matters; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and13 secondary education, is amended in Article 8, relating to consolidation of independent and14 county school systems, by revising Code Section 20-2-370, relating to referendum on repeal15 of special school law and consolidation of systems, as follows:16 S. B. 475 (SUB) - 1 - 26 LC 49 2848S "20-2-370.17 Whenever the citizens of a municipality or qualified voters of the territory included in an18 independent school system district authorized by law to establish and maintain a system19 of schools by local taxation in whole or in part are operating a system of public schools20 independent of the county school system and wish to annul their special school the local21 law establishing such independent school system and become a part of the each respective22 county school system in which such territory is located, they shall present and file with the23 governing authority of the city in which such independent schoo l system is located a24 petition signed by one-fourth 10 percent of the qualified voters of their the territory25 included in the independent school system ; and the such governing authority shall then26 submit the question at an election to be held in accordance with Chapter 2 of Title 21. A27 majority of those voting shall be necessary to carry the electi on. Only qualified voters28 residing within the municipality or district territory included in the independent school29 system for six months prior to the election shall vote. An election shall not be held for the30 same purpose more often than every 12 months."31 SECTION 2.32 Said chapter is further amended in said article by revising Code Section 20-2-371, relating33 to proceedings when vote favors repeal and consolidation, as follows:34 "20-2-371.35 When the results of an election held under Code Section 20-2-37 0 are declared and36 published in favor of repealing such independent school system, making the territory37 included in the independent school system thereby to become a part of the each respective38 county school system in which such territory is located, such independent or local school39 system shall continue to function under its local laws, organizations, and regulations until40 the each respective county board of education shall arrange for the operation by t hem of41 S. B. 475 (SUB) - 2 - 26 LC 49 2848S such school or schools within the local independent school system as a part of their public42 each respective county school system in which such territory is located."43 SECTION 3.44 Said chapter is further amended in said article by revising Code Section 20-2-372, relating45 to effect of repeal and consolidation, as follows:46 "20-2-372.47 Where any local or independent school system is repealed by and in the manner provided48 for in Code Sections 20-2-370 and 20-2-371, the territory formerly included in such49 independent school system shall become and constitute a school district part of the each50 county school system in which it such territory is located and shall enjoy the same51 privileges and shall be governed by the same laws as other school districts in the existing52 parts of such county school system or systems, including the authority to levy local taxes53 for school purposes; provided, however, that the rate for such taxation shall not exceed the54 rate allowed by law to other similar school districts."55 SECTION 4.56 Said chapter is further amended in Article 31, the "Charter Schools Act of 1998," by adding57 a new subsection to Code Section 20-2-2068.1, relating to charter school funding, to read as58 follows:59 "(c.4) A local board of education shall treat a local charter school no less favorably than60 other local schools within the applicable local school system w ith respect to the61 expenditure of the proceeds of a sales tax for educational purp oses authorized by62 Article VIII, Section VI, Paragraph IV of the Constitution of Georgia; provided, however,63 that a local school system shall have no obligation to expend proceeds of such sales tax for64 the purchase or improvement of property or facilities owned by any entity other than the65 local school system or a local charter school."66 S. B. 475 (SUB) - 3 - 26 LC 49 2848S SECTION 5.67 This Act shall become effective upon its approval by the Governor or upon its becoming law68 without such approval.69 SECTION 6.70 All laws and parts of laws in conflict with this Act are repealed.71 S. B. 475 (SUB) - 4 -