HB1308: HB1308 Education; local and state charter schools have the right to lease, utilize, or buy unused facilities of a local board of education; provide

26 LC 49 2573 House Bill 1308 By: Representatives Silcox of the 53rd, Hilton of the 48th, Jones of the 47th, Rice of the 139th, and Cox of the 28th 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 for local and state charter schools and2 charter school petitioners to have the right to lease, utilize, or buy unused facilities of a local3 board of education, subject to conditions; to provide for such conditions; to provide for4 construction; to revise a definition; to make conforming changes and to modernize certain5 terms; 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 Part 1 of Article 11, relating to powers of local boards10 relative to public school property and facilities, by revising Code Section 20-2-520, relating11 to acquiring and disposing of school sites, building, repairing , renting, and furnishing12 schoolhouses, as follows:13 "20-2-520.14 (a) The county boards Each local board of education shall have the power to purchase,15 lease, or rent real property for use as school sites; build, repair, or rent schoolhouses school16 H. B. 1308 - 1 - 26 LC 49 2573 buildings; purchase maps, globes, and school furniture; and make all arr angements17 necessary to the efficient operation of the schools. Such coun ty boards Local boards of18 education are invested with the title, care, and custody of all schoolho uses or school19 buildings and other real and personal property, with the power to control such property in20 such manner as they think will best serve the interests of the public schools; and when, in21 the opinion of the county board, local board of education, any schoolhouse school site or22 building has become unnecessary or inconvenient, they may sell it in th e name of the23 county board local board of education, subject to the provisions of subsection (h) of Code24 Section 20-2-2068.2 ; and the conveyance for any such sale shall be executed by the25 president or secretary of the county board local board of education, according to the order26 of the county board local board of education . Such county boards Each local board of27 education shall have the power to receive any gift, grant, donation, or devise made for the28 use of the public schools within the respective counties territorial limits of the local school29 system; and all conveyances of real estate property which may be made to such a county30 board local board of education shall vest the property in such county board local board of31 education and its successors in office. Such county board Each local board of education32 may provide for the building of schoolhouses school buildings by a tax on all property33 located in the county and outside the territorial limits of any independent the local school34 system. The construction of all public school buildings must be approved by the county35 local school superintendent and county board local board of education a n d m u s t b e36 according to the plans furnished by the county school authorities local school system and37 the State Board of Education. All public school construction c ontracts in excess of38 $250,000.00 shall be publicly advertised and awarded through an open and competitive39 process, regardless of the funding source.40 (b) If a schoolhouse school building or school s i t e h a s b e c o m e u n n e c e s s a r y o r41 inconvenient, as provided by subsection (a) of this Code sectio n, and if the state or the42 county or municipality whose territorial boundaries include suc h schoolhouse school43 H. B. 1308 - 2 - 26 LC 49 2573 building or school site needs such building or site for any governmental purpose, then the44 county board local board of education may sell or convey such schoolhouse building or site45 to the state or such county or municipality for such considerat ion and subject to such46 conditions, if any, as may be determined by such county board local board of education,47 subject to the provisions of subsection (h) of Code Section 20-2-2068.2.48 (c) In addition to school property and facilities provided for in subsection (a) of this Code49 section, a county board of education or an area local board of education is authorized to50 expend educational funds available to it for the purpose of acq uiring, improving, and51 selling real or personal property in connection with its second ary and postsecondary52 vocational education curricula or program."53 SECTION 2.54 Said chapter is further amended in Article 31, the "Charter Schools Act of 1998," by revising 55 subsection (h) of Code Section 20-2-2068.2, relating to facilities grants for charter schools,56 purposes for which grants may be used, upkeep of charter school property, and availability57 of unused facilities, as follows:58 "(h)(1) As used in this subsection, the term 'unused facilities ' means real property of a59 local board of education, including educational facilities, as defined in Code60 Section 20-2-260, which are not in use or have not been used within the previous two61 school years by the local board of education for the previous two years and which are not62 included in the local school system's five-year educational fac ilities plan a s a n63 educational facility with at least 60 percent of such facility used for direct student64 instruction.65 (2) Each local board of education shall make its unused facili ties available to local66 charter schools and state charter schools . The terms of a local charter school's use or67 purchase of a facility owned by a local board of education shall be subject to negotiation68 between the local board and the local charter school and shall be memorialized as a69 H. B. 1308 - 3 - 26 LC 49 2573 separate agreement. A local charter school that is allowed to use such a facility under70 such an agreement shall not sell or dispose of any interest in such property without the71 written permission of the local board of education . A local charter school may not be72 charged a rental or leasing fee for the existing facility or for property normally used by73 the public school which became the local charter school. A loc al charter school that74 receives property from a local board may not sell or dispose of such property without the75 written permission of the local board. If a local board of education and a state charter76 school do not agree on terms for use of an unused facility after negotiations between the77 parties, or if such parties dispute whether the facility is an unused facility as provided for78 in paragraph (1) of this subsection, the charter school shall b e permitted to submit a79 written petition to the Office of Charter School Compliance requesting that the Office of80 Charter School Compliance determine in writing whether the parties acted in good faith81 during such negotiations. The Office of Charter School Compliance shall be authorized82 to attempt to resolve any dispute between the parties to negoti ate a contract to lease or83 sell the unused facility84 (3) Prior to denying the use by a local charter school of an unused facility, or if the local85 board of education and the charter school dispute whether the facility is an unused facility86 as provided for in paragraph (1) of this subsection, the local charter school shall have the87 right to a hearing before the local board of education in accor dance with Code Section88 20-2-1160, including the right to appeal an adverse local board decision. 89 Notwithstanding any provision in Code Section 20-2-1160 to the contrary, the local90 charter school shall be permitted to appeal the decision by a local board of education to91 deny the use by a local charter school of an unused facility to the Office of Charter92 School Compliance. Such appeal to the Office of Charter School Compliance shall not93 be construed or applied to foreclose, waive, or otherwise prejudice any right of the local94 charter school provided for in Code Section 20-2-1160.95 H. B. 1308 - 4 - 26 LC 49 2573 (4)(A) A local or state charter school that either currently o perates a charter school96 with an attendance zone that includes an unused facility or a state charter school that97 submits a petition pursuant to Code Section 20-2-2064 or 20-2-2084 to operate a charter98 school with a proposed attendance zone that includes an unused facility shall be offered99 the right to lease, utilize, or buy the unused facility by the local board of education.100 (B) The right to lease, utilize, or buy an unused facility provided for in this subsection101 shall:102 (i) Include both the right of first offer and the right of first refusal;103 (ii) Be exercisable by the charter school or charter school petitioner at any time and104 notwithstanding the current use of the unused facility, except as provided in105 paragraph (3) of this subsection; and106 (iii) Be subject to the following conditions:107 (I) The charter school petitioner submits the charter petition in a good faith effort108 seeking approval of such charter petition with the intent to operate a charter school;109 (II) The charter petition substantially complies with the rules, regulations, policies,110 and procedures promulgated in accordance with Code Section 20-2-2063;111 (III) The terms and conditions o f the right to lease, utilize, or buy the unused112 facility shall be subject to good faith negotiations by and between the charter school113 or charter school petitioner and the local board of education;114 (IV) The right of a charter school or charter school petitione r to lease, utilize, or115 buy the unused facility shall automatically terminate upon the adoption of a116 resolution by the local board of education to reopen the school previously operated117 at the unused facility or to open a new school at the unused facility, provided that118 the attendance zone of such reopened school or new school shall comprise at least119 90 percent of the attendance zone of the school previously operated at the unused120 facility. Upon the termination of the right of a charter schoo l or charter school121 petitioner to lease, utilize, or buy an unused facility under this paragraph, the charter122 H. B. 1308 - 5 - 26 LC 49 2573 school or charter school petitioner shall be entitled to compen sation by the local123 board of education for the consideration provided by the charter school or charter124 school petitioner in exchange for such right; and125 (V) A charter school petitioner's right to lease, utilize, or buy the unused facility126 shall automatically terminate upon the denial by all possible a uthorizers of the127 charter school petition. Upon the termination of the right of a charter school or128 charter school petitioner to lease, utilize, or buy an unused f acility under this129 paragraph, the charter school o r charter school petitioner shal l be entitled to130 compensation by the local board of education for the consideration provided by the131 charter school or charter school petitioner in exchange for such right."132 SECTION 3.133 All laws and parts of laws in conflict with this Act are repealed.134 H. B. 1308 - 6 -