HB1257: HB1257 Education; incentive grants for local boards of education to approve charter school petitions; revise provisions

26 LC 49 2710S The House Committee on Education offers the following substitute to HB 1257: 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 revise provisions for incentive grants for local2 boards of education to approve charter school petitions; to revise provisions for the Office3 of Charter School Compliance; to revise provisions relative to charter petitions by existing4 charter schools; to revise provisions relative to state charter school records; to revise5 definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and9 secondary education, is amended in Article 31, the "Charter Sch ools Act of 1998," by10 revising Code Section 20-2-2064.2, relating to promotion of approval of new local charter11 school petitions and incentive grants, as follows:12 "20-2-2064.2.13 (a) The State Board of Education state board, in collaboration with the State Charter14 Schools Commission Office of Charter School Compliance, shall establish a program for15 the purposes of promoting and supporting the approval of new local charter school petitions16 H. B. 1257 (SUB) - 1 - 26 LC 49 2710S by local boards of education and to provide incentive grants to local boards of education17 that approve new local charter school petitions. The State Cha rter Schools Commission18 state board shall promulgate such rules and regulations as it deems necessary to carry out19 the provisions and intent of this Code section.20 (b)(1) Subject to appropriations, for each new local charter school petition approved by21 a local board of education after June 30, 2025, such local board of education shall receive22 an incentive grant of $250,000.00 by August 1 September 1 of each of the first three23 years of such local charter school's operation following such approval, provided that such24 local charter school remains authorized by such local board of education. In the event25 that available appropriations are not sufficient to cover the t otal amount of such the26 incentive grants provided for in this subsection, the amount of each such grant shall be27 reduced proportionally, providing incentive grants in equal amounts to each such local28 board of education.29 (2) Incentive grants provided for in paragraph (1) of this sub section shall be provided30 only for the approval of new local charter school petitions and not for the approval or31 renewal of an existing local charter school.32 (3) The total amount of incentive grants provided under this subsection shall not exceed33 $2.25 million in any fiscal year.34 (c) Incentive grants awarded pursuant to subsection (b) of this Code section may be used35 by the receiving local board of edu cation for expenses incurred by the local board of36 education in its role as a local charter school authorizer, which may include, but shall not37 be limited to, hiring qualified personnel and providing for ove rsight, compliance38 monitoring, and professional development related to local charter school authorization.39 (d) The Department of Education shall implement and administer distribute the incentive40 grant program provided for in grants authorized pursuant to subsection (b) of this Code41 section and the Office of Charter School Compliance shall provide any technical assistance42 H. B. 1257 (SUB) - 2 - 26 LC 49 2710S necessary to local school systems in to support of compliance with the requirements of this43 Code section.44 (e) This Code section shall stand automatically repealed on July 1, 2035."45 SECTION 2.46 Said chapter is further amended in said article by revising paragraph (4) of subsection (b) of47 Code Section 20-2-2065, relating to waiver of provisions of thi s title, requirements for48 operating, and control and management, as follows:49 "(4) Organized and operated as a nonprofit corporation or company under the laws of this50 state; provided, however, that this paragraph shall not apply to any charter petitioner that51 is a local school, local school system, or state or local public entity;"52 SECTION 3.53 Said chapter is further amended in said article by revising sub section (a) of Code54 Section 20-2-2069, relating to the Office of Charter School Com pliance and Office of55 District Flexibility, as follows:56 "(a) There is established within the State Charter Schools Commission an Office of Charter57 School Compliance, which shall be staffed with personnel as pro vided for in58 subsection (d.1) of Code Section 20-2-2082, who shall report directly to the State Board59 of Education state board for purposes of this subsection. The responsibilities of such office60 shall be to:61 (1) Prepare charter school guidelines to be approved by the state board;62 (2) Distribute charter school petition information to inquiring parties;63 (3) Process all charter school petitions and coordinate with t he Charter Advisory64 Committee established pursuant to Code Section 20-2-2063.1 to f acilitate its such65 committee's review and recommendations to the state board;66 H. B. 1257 (SUB) - 3 - 26 LC 49 2710S (4) Administer any state or federal charter school implementation grant program grant67 programs;68 (5) Contract with an independent party to evaluate the performance of charter schools,69 as such performance relates to fulfilling the terms of their charters;70 (6) Compile information necessary to produce the annual report required by Code71 Section 20-2-2070, which shall include, but shall not be limited to, information regarding72 the effectiveness of the incentives incentive grants and the adherence of local school73 systems to the requirements provided for in Code Sections 20-2-2064 and 20-2-2064.2;74 (7) Prepare guidelines for local boards of education for the evaluation of charter school75 petitions. Such guidelines shall be published on the public website of the Department of76 Education and shall include:77 (A) Criteria for evaluating the academic, operational, and financial plans of the charter78 petitioner;79 (B) Best practices for conducting a thorough and objective review of charter petitions;80 (C) Procedures for public hearings and community input on charter petitions; and81 (D) A standardized evaluation rubric for use by local boards of education during the82 evaluation of charter petitions; and83 (8) Provide technical assistance to local school systems as ch arter school authorizers,84 support local school systems as needed to implement best practi ces in charter school85 authorization, and regularly engage with local school systems to promote charter school86 authorization at the local level."87 SECTION 4.88 Said chapter is further amended in Article 31A, relating to state charter schools, by revising89 paragraph (4) of Code Section 20-2-2081, relating to definitions, as follows:90 "(4) 'Governing board' means the governing board of the nonprof it organization or a91 subsidiary under its exclusive control which is the charter petitioner for a state charter92 H. B. 1257 (SUB) - 4 - 26 LC 49 2710S school and which is the same as the governing board of the state charter school which is93 involved in school-level school level governance of the state charter school."94 SECTION 5.95 Said chapter is further amended in said article by revising Code Section 20-2-2085, relating96 to petitions by existing charter schools, as follows:97 "20-2-2085.98 A petition may be submitted pursuant to this Code section by an existing charter school99 approved by a local board of education or the State Board of Education, provided that the100 obligations of its charter with the local board of education or State Board of Education will101 expire prior to entering into a new charter with the commission. The commission shall not102 act on a petition submitted pursuant to this Code section unless the local board of education103 that authorizes the charter school has voted to terminate or nonrenew the charter contract104 or otherwise fails to renew the charter contract by a date established by the State Board of105 Education. Upon the existing charter school's request, a local board of education or the106 State Board of Education in the case of a state chartered speci al school may agree to107 rescind or waive the obligations of a current charter to allow a petition to be submitted by108 an existing charter school pursuant to this Code section. An existing charter school that is109 established as a state charter school pursuant to this Code sec tion shall be allowed to110 continue the use of all facilities, equipment, and other assets it used prior to the expiration111 or rescission of its charter with a local board of education; provided, however, that the local112 board of education shall be authorized to charge or continue to charge a reasonable fee for113 use of the facilities."114 H. B. 1257 (SUB) - 5 - 26 LC 49 2710S SECTION 6.115 Said chapter is further amended in said article by revising sub section (b) of Code116 Section 20-2-2088.1, relating to ownership and maintenance of state charter school records,117 as follows:118 "(b) In the event that a state charter school ceases operations for any reason, including, but119 not limited to, the termination, nonrenewal, or abandonment of the state charter school's120 charter, the nonprofit entity which held the charter contract s hall retain ownership,121 including all incumbent responsibilities of an operational state charter school, of all records122 for a period of one year 180 days from the later of the date the charter contract expired, the123 date the charter contract was terminated, or the date the state charter school ceased124 operations. Incumbent responsibilities include, but are not limited to, transferring student125 records to public or private schools, schools operated by the D epartment of Juvenile126 Justice, and the local school system or schools from which the records are requested. After127 the one-year 180 day period, the nonprofit entity which held the charter contract s hall128 transfer all records, including student records, to the commission in the format and manner129 specified by the commission."130 SECTION 7.131 All laws and parts of laws in conflict with this Act are repealed.132 H. B. 1257 (SUB) - 6 -