Ga. Comp. R. & Regs. R. 160-4-9-.05 - Charter Schools Petition Process
(1)
CHARTER
PETITION PROCESS.
(a)
LETTERS OF
INTENT. All applicants, including renewal applicants, who intend to
submit a charter petition for local board of education (local board)
consideration, shall use the Office of Charter School Compliance (OCSC)
template to submit a letter of intent to both the OCSC and to the appropriate
local board(s) at least six (6) months prior to the date on which the petition
will be submitted to the OCSC. Petitioners should consult the OCSC website and
consult with the applicable local school district(s) (local district) for
timelines and requirements. Failure to submit a letter of intent shall not
preclude an applicant from submitting a petition provided the applicant
requests and receives a waiver for the letter of intent from both the OCSC and
local district(s).
(b)
CHARTER PETITION TIMELINE. By September 1 of each year, every
local district shall publish a timeline for submitting and reviewing start-up
petitions on its respective website. The timeline must:
1. Establish a final petition submission
deadline that is on or before January 1, unless the OCSC approves an
alternative deadline in advance.
2.
Identify the time frame between when the local board approves the charter
petition and when the charter school is expected to begin serving students
(pre-opening period). The pre-opening period shall be at least 6
months.
3. Require the local board
to, by majority vote, approve or deny a petition no later than June
30.
(c)
CHARTER
SCHOOL PETITION. The OCSC shall create and publish the start-up and
renewal charter petitions which must be used by local districts for the local
petition process. No changes may be made to the OCSC petition by local
districts or petitioners. If local districts request information not contained
in the OCSC petition during the local petition process, these requests and the
responses to them must be submitted to the OCSC after approval by the local
board. No local district may require that assurances or agreements be made a
condition of local approval other than those assurances that are part of the
OCSC petition or part of the three-party charter contract issued by the
OCSC.
(d)
CHARTER PETITION
SUBMISSIONS TO LOCAL BOARDS.
1. Local
boards shall adopt policies and publish deadlines regarding submission of
charter petitions that are consistent with the timeline and requirements for
charter petitions as outlined in this Rule. The OCSC may request that a local
board revise any policy that precludes the uniform application of this Rule.
Such policies shall provide for an in-person panel interview by, or a meeting
with, the local district to provide the local district an opportunity to hear
from the petitioner directly about local district concerns or clarifications
the local district needs.
2.
Pursuant to O.C.G.A. §
20-2-2064(a) and
(b), a local board must, by a majority vote,
approve or deny a petition no later than ninety (90) days after its submission,
unless the petitioner and the local board mutually agree, in writing, on a
specific reasonable extension period. Extensions may only be granted for the
purpose of revising or clarifying petitions already reviewed by the local
district. The extension, if granted, may not extend the local board's vote to
approve or deny a petition beyond June 30th without
advance written approval from the OCSC.
3. If the local board denies a petition
directly by a vote of the local board to deny or indirectly by failing to vote
within the requisite ninety (90) day review period, it must, within sixty (60)
days of the denial, provide a written statement of denial to the petitioner and
to the State Board of Education. A written statement of denial shall
specifically state the reasons for denial and include a list of the
deficiencies in the petition relevant to O.C.G.A. §
20-2-2063. If the local board
cites that approval is not in the public interest, the written statement of
denial shall include a detailed description of why approval is not in the
public interest.
4. Unless granted
written approval by the OCSC of an alternate approach to accomplishing these
robust petition review goals, within the ninety (90) days a local district has
to review a charter petition, the local district shall provide a written
statement to the petitioner indicating which of the following four groups the
petitioner is in and, if appropriate, what they must do if they wish to revise
and resubmit their petition:
(i) Rejection
Group: These applications are flawed in some way that is irreparable and will
be rejected for the current school year's Petition Review Cycle.
(I) The local district shall issue a
rejection letter that informs such applicants that their application cannot be
considered during the current school year's Petition Review Cycle.
(II) The rejection letter shall include a
statement of the legal insufficiency that makes the petition
irreparable.
(III) Applicants in
this category are free to submit a brand new application in the following
school year's Petition Review Cycle.
(ii) Revision Group: During the local
district's initial internal review and panel interview with the applicant,
these applicants demonstrate minimum quality and compliance or less, and would
require substantial and material revisions before their petition could be
recommended by the local district for approval by the local board.
(I) The local district shall issue a letter
informing these applicants that they cannot receive an approval recommendation
unless the required material revisions are made within thirty (30) days. This
letter shall include mention of the local district's agreement to the
petitioner's granting the local district ninety (90) additional days to accept
or reject its petition.
(II) If an
applicant chooses to make the substantial and material changes required, they
shall resubmit their petition within the thirty (30) day window. Their
resubmittal letter shall include mention of their granting to the district
ninety (90) additional days beyond the initial 90-day review period to accept
or reject their petition.
(III)
Applicants will have only one opportunity to revise their application to make
the substantial and material changes required.
(IV) Applicants that fail to make required
revisions will have to wait until the following school year's Petition Review
Cycle to submit a new application.
(iii) Clarification Group: During the local
district's initial internal review and panel interview with the applicant,
these applicants demonstrate moderate quality and compliance or better, but
require clarification and supplemental information to be submitted before their
petition could be recommended by the local district for approval by the local
board.
(I) The local district shall issue a
letter informing these applicants what clarification(s) and/or supplemental
information is required. This letter shall include mention of the local
district's agreement to the petitioner's granting the local district ninety
(90) additional days to accept or reject its petition.
(II) If an applicant chooses to provide the
required clarification(s) and/or supplemental information, they shall resubmit
their petition within a thirty (30) day window. Their response letter shall
include mention of their granting to the district ninety (90) additional days
beyond the initial ninety (90) day review period to accept or reject their
petition.
(III) Applicants will
have only one opportunity to provide the required clarification(s) and/or
supplemental information.
(IV)
Applicants that fail to provide the required clarification(s) and/or
supplemental information will have to wait until the following school year's
petition review cycle to submit a new application.
(iv) Approval Group: During the local
district's initial internal review and panel interview with the applicant,
these applicants demonstrate near-perfect quality and compliance. For these
applicants, the local district will make a recommendation to the local board
for approval of the petition without any further action on the part of the
applicant.
5. If a local
board denies a petition, the local board or the petitioner may request
mediation by submitting a written request to the State Board of Education
within thirty (30) days of the final denial. If the other party agrees to the
mediation, the State Board of Education, or Charter Advisory Committee if
directed by the State Board of Education to do so, may assign a mediator to be
paid by the OCSC but reimbursed equally by the local board and the petitioner
to assist in resolving issues which led to the denial of the petition by the
local board.
6. If a local board
approves a petition, within thirty (30) days of the approval:
(i) The local board shall deliver a copy of
the petition they approved to the OCSC.
(ii) The petitioner shall deliver the
approved petition to the OCSC for review by the State Board of Education. The
petition shall be in accordance with all OCSC requirements, including those
related to formatting, as described in this Rule, on the OCSC website, and
within the relevant charter school application.
(e)
CHARTER PETITION SUBMISSIONS TO THE
OCSC.
1. Charter petitioners shall
ensure that petitions adhere to all application requirements and related
timelines as established by the OCSC pursuant to O.C.G.A. §
20-2-2063 and as outlined in this
Rule. Petitioners that have applied to a local district must also provide a
copy of their petition to the OCSC within thirty (30) days of submitting their
petition to the local district. Petitioners should consult the OCSC website for
applicable timelines and requirements. Failure to comply with timelines or
requirements may delay or prohibit consideration of the petition until the
following school year's petition review cycle.
(f)
CHARTER PETITION REVIEW PROCEDURES
BY THE OCSC.
1. The OCSC shall process
all charter petitions submitted to the OCSC on behalf of the State Board of
Education as outlined in this Rule.
2. The OCSC shall coordinate with the Charter
Advisory Committee, as applicable, to facilitate their review of petitions and
their subsequent recommendations to the State Board of Education.
3. The OCSC reserves the right to reject
incomplete and/or legally insufficient charter petition submissions.
4. The OCSC staff shall first review
petitions to determine if they are complete and meet the legal requirements for
submission, not so as to require approval but so as to allow further
review.
5. If a charter petition is
deemed to be deficient, the petition shall be rejected and the petitioner
notified of the reasons for that rejection.
6. Those petitioners who have submitted a
petition that is deemed to be complete and to meet the legal requirements for
submission, shall attend an interview with OCSC staff as part of the petition
review process. A majority of the members of the charter school governing board
are required to be in attendance at the interview. The goal of the interview is
to gauge the petitioner's overall capacity to sustain operations of a
high-quality charter school with regard to academics, operations, governance,
finance, and compliance with all non-waivable law, rules, and
guidelines.
7. The OCSC shall make
recommendations to the State Board of Education for approval or denial of a
charter contract and shall specify to the State Board of Education the reasons
for its recommendation.
(i) The maximum term
for both initial and renewed charter contracts approved by the State Board of
Education shall be five years.
8. Existing charter schools may not apply for
renewal to a new authorizer. Existing charter schools seeking to switch
authorizers must apply to the new authorizer as a new petitioner. Existing
charter schools may petition the State Charter Schools Commission (SCSC) for
approval as provided by O.C.G.A §
20-2-2063.3(b)(2)
or by O.C.G.A. §
20-2-2085 and in accordance with
the policies and processes of the SCSC. Existing charter schools that meet the
definition of a "high quality charter school" for the past three years (or over
the life of the school, if the school has been open for fewer than three years)
as established by the OCSC may be eligible for an expedited review in
accordance with policies developed by the OCSC.
9. The local school governing team of a
system charter school may petition to become a conversion charter school, not
subject to the terms of the system charter. In the event that a system charter
school becomes a conversion charter, the system shall reflect that change in
their annual report.
(g)
REVIEW PROCEDURES FOR OCSC REVIEW OF NEW AND RENEWAL CHARTERS GRANTED BY
THE STATE CHARTER SCHOOLS COMMISSION.
1. The OCSC shall review all approved charter
contracts granted by the State Charter Schools Commission (SCSC), including
both initial and renewed charters, along with the related petitions and other
materials presented by SCSC staff to the SCSC members.
2. The OCSC shall make recommendations to the
State Board of Education regarding the State Board of Education's affirmation
or overrule of all new or renewal charters, and where the recommendation is to
overrule the SCSC's decision, shall specify the reasons for its recommendation
to overrule the SCSC.
(2)
CHARTER PETITION APPLICATION
REQUIREMENTS FOR ALL CHARTER APPLICANTS. All charter school petition
applications, including applications for renewal, shall meet the following
minimum requirements pursuant to O.C.G.A. §
20-2-2063. Additionally, Charter
school petition applications shall meet all formatting requirements included in
the application.
(a)
STATEMENT OF
INTENT. A description of how the proposed charter school promotes the
legislative intent of the charter schools program to "increase student
achievement through academic and organizational innovation," in accordance with
O.C.G.A. §
20-2-2061.
(b)
STATEMENT OF GOALS AND
OBJECTIVES. A list and detailed description of the petitioner's specific
performance-based goals and measurable objectives. At a minimum, the list shall
include goals and objectives that are aligned with state and federal assessment
standards, measurable on at least an annual basis, attainable, and reflective
of the mission set forth in the petition. The petition shall demonstrate that
the performance-based goals and measurable objectives will result in continuous
improvement in student achievement and will comply with the Single Statewide
Accountability System. Failure to meet or exceed the specific performance and
measurable objectives as defined in the charter contract may result in charter
termination.
(c)
DESCRIPTION
OF INTENDED USE OF WAIVERS. A description of how the school shall
utilize its broad flexibility from laws, rules, and regulations as permitted by
O.C.G.A. §
20-2-2065(a).
Schools cannot waive any federal, state, and local rules, regulations, court
orders, and statutes relating to civil rights; insurance; protecting physical
and/or mental health and safety of school students, employees, and visitors;
conflicts of interest; unlawful conduct; any reporting requirements of
O.C.G.A.§§
20-2-133,
20-2-210,
20-2-211.1,
20-2-320,
20-2-327(c); or
virtual instruction requirements of O.C.G.A. §
20-2-167.1. The petition shall
include illustrative examples of how the charter school will implement the
flexibility granted by the broad flexibility waiver to meet or exceed the
performance-based goals and to increase student achievement. Petitions shall
explicitly describe what the increased flexibility will allow the petitioner to
accomplish during the course of the charter term.
(d)
PARENTAL AND COMMUNITY
INVOLVEMENT. A description of how parents, members of the community, and
other interested parties contributed to the development of the petition and how
petitioner intends to secure their ongoing involvement in the school and in
what capacity. A charter school shall not require parents or guardians to
volunteer their time and/or contribute money or in-kind to the school as a
condition of enrollment in the school. Any parent or guardian volunteer
commitments must be optional to ensure open enrollment.
(e)
DESCRIPTION OF THE EDUCATIONAL
PROGRAM. A description of the following components of the school's
educational program, including an explanation of how these components shall
contribute to the achievement of the performance-based goals and measurable
objectives:
1. The school's mission;
2. The ages and grades to be
included;
3. The focus of the
curriculum;
4. Instructional
methods to be used, including any distinctive or unique instructional
techniques or educational programs to be employed;
5. For students with disabilities, a
description of how the school shall provide state and federally-mandated
services; ensure individuals employed as special education teachers have a
bachelor's degree and are either certified in special education or hold a
special education license; and comply with all special education laws,
including Section 504 of the Rehabilitation Act of 1973, Title II of the
Americans With Disabilities Act, and the IDEA;
6. For English Language Learners, a
description of how the school shall provide state and federally-mandated
services;
7. A description of how
the school intends to meet the needs of students identified as gifted and
talented;
8. A description of how
the school shall provide supplemental educational services as required by
federal law and pursuant to State Board of Education Rule
160-4-5-.03. Supplemental
Educational Services in Title I Schools, and a description of how the school
shall provide remediation in required cases pursuant to State Board of
Education Rule
160-4-5-.01. Remedial Education;
and
9. The school's proposed annual
calendar and a draft daily school schedule for a typical week.
(f)
DESCRIPTION OF
ASSESSMENT METHODS. A description of the school's student assessment
plan, including the following components:
1. A
statement detailing how the school shall comply with the accountability
provisions of O.C.G.A. §
20-14-30 through §
20-14-41 and federal
accountability requirements, including the manner in which the school shall
work with the authorizer(s) to participate in statewide assessments.
2. A plan to obtain student performance data
for each student, which shall include how the current baseline standard of
achievement shall be determined in order to meet the petition's
performance-based goals and measurable objectives. The data may include
standardized assessment results from previous school years. For the charter
school's first year, baseline student achievement data shall be collected
within three months from the first day of school.
3. A plan to address how assessments shall
measure improvement and over what period of time.
4. The school's plan for using assessment
data to monitor and improve achievement for all students.
5. For charter high schools, a description of
the method for determining that a student has satisfied the requirements for
high school graduation as defined in SBOE Rule
160-4-2-.48 High School Graduation
Requirements for Students Enrolling in the Ninth Grade for the First Time in
the 2008-09 School Year and Subsequent Years.
(g)
DESCRIPTION OF SCHOOL
OPERATIONS. A description of the school's operations and management
plan, including the following components:
1.
The proposed duration of the charter if for a period of time less than the
maximum five years.
2. The proposed
attendance zone for the school, pursuant to O.C.G.A. §
20-2-2062(1.1).
3. A description of all rules and procedures
that shall govern the admission of students to the charter school, including:
(i) A statement detailing whether the charter
school shall utilize any enrollment priorities pursuant to O.C.G.A. §
20-2-2066(a) and
(b), and if so, their rank order.
(ii) A statement detailing whether the
charter school shall utilize a weighted lottery pursuant to O.C.G.A. §
20-2-2066(a) and
(b) to provide an increased chance of
admission for educationally disadvantaged students.
(iii) A copy of the proposed admissions
application or a description of the application that demonstrates that the
application conforms to the requirements of rule and law, including the
requirement that charter schools have open enrollment.
(iv) A copy of the policy setting annual
enrollment, re-enrollment and lottery deadlines including a description of the
lottery procedures detailing how enrollment preferences will be applied and an
assurance of complete transparency in its procedures. Complete transparency
shall include, at a minimum, publishing the lottery date, time, place and
lottery procedures at least two weeks in advance on the school's website. The
policy shall ensure that only students who reside in the proposed attendance
zone are eligible to participate in the lottery. The policy shall also ensure
open enrollment for each grade served for which space is available and shall
maintain enrollment at the levels described in the charter and approved by the
State Board of Education. A charter school, except for dual language immersion
charter schools, may not adopt any policy which expressly restricts enrollment
to specific grade levels within the grade span served by the school. A charter
school must offer at least one annual enrollment opportunity for each grade
served for which space is available.
4. A description of the steps the charter
school will take to ensure equitable access to the school for students,
faculty, and staff who are representative of the community diversity in the
school's proposed attendance zone, including students who are educationally
disadvantaged as defined in State Board of Education Rule
160-4-9-.04.
5. Rules and procedures concerning student
discipline and dismissal, including code of conduct and student due process
procedures.
6. Rules and procedures
concerning how the school will handle grievances and complaints from students,
parents, and teachers.
7. The
manner in which the school shall be insured, the terms and conditions thereof,
and the amounts of coverage.
8. A
description of the employment procedures and policies of the school. The
description of employment procedures and policies shall include, at a minimum,
the following:
(i) The charter school's
procedures to ensure compliance with the requirement that the school shall not
allow any faculty, staff, or governing board member contact with students
without having annual documentation of a successful background check as well as
the charter school's policies and procedures that establish the requirement
that faculty, staff, and governing board members must immediately disclose to
the school the occurrence of any arrests or other such occurrences which would
have resulted in an unsuccessful background check if they had occurred prior to
the background check. Each school employee must have a clearance certificate
from the Georgia Professional Standards Commission (GaPSC).
9. A description of the facilities
to be used, their location(s), and any pending modifications necessary for
utilization for educational purposes. The description must include the
following components:
(i) Description,
including documentation, of steps petitioner has taken relevant to the Georgia
Department of Education's (DOE) facilities review process.
(ii) A Certificate of Occupancy must be
obtained prior to student occupancy of the proposed facility. The latest
possible date by which the Certificate of Occupancy shall be obtained must be
included in the charter petition.
(iii) The school's emergency safety plan,
which may be a statement that the petitioner will prepare a safety plan in
accordance with O.C.G.A. §
20-2-1185 and submit and obtain
approval from the Georgia Emergency Management Agency by a specified
date.
(iv) A statement that any
future facility used to house students will be subject to approval by the local
board and the DOE prior to occupancy.
(v) Documentation of ownership or a copy of
the lease of the facility. If the facility has not been obtained or the
documentation is not available at the time the petition is submitted, the
petitioner shall provide a timeline for obtaining such facilities or providing
such documentation and shall provide such documentation to the OCSC as soon as
it is available. This does not apply to conversion charter schools.
10. A statement describing whether
the building is new or existing. In the case of a locally approved charter
school, building plans must be approved by the facilities department of the
local board. For all other charter schools, building plans only need to be
approved by the DOE.
11. The manner
in which the school's enrollment count will be determined for purposes of
calculating charter school funding, pursuant to O.C.G.A. §
20-2-2068.1(c) or
§
20-2-2090(d), as
appropriate.
(h)
DEMONSTRATION OF FISCAL FEASIBILITY AND CONTROLS. A description of
the school's financial structure, including the following components:
1. Designation of a chief financial officer
who shall not serve simultaneously as the school leader for the charter school
and possesses the following credentials:
(i) A
baccalaureate or higher degree in business, accounting, or finance from an
accredited college or university and a minimum of four years experience in a
field related to business or finance; or
(ii) Documented experience of ten or more
years in the field of business and financial management.
2. Charter schools as defined by O.C.G.A.
§
20-2-2062 are public schools,
therefore the school shall comply with Governmental Accounting Standards Board
(GASB) Statements and Interpretations, which constitute Generally Accepted
Accounting Principles (GAAP) for financial reporting.
3. A statement that the school shall be
subject to an annual financial audit conducted by an independent Georgia
licensed Certified Public Accountant, in accordance with O.C.G.A. §
20-2-2065(b)(7). The financial reporting format shall comply with
generally accepted government auditing standards (GAGAS).
4. A statement indicating whether the school
shall utilize the local school board for fiscal management or other services;
and, if so, specifics regarding what level of autonomy the school shall have
over budgets and expenditures and/or any other area for which the school has
contracted with the local board to provide services.
5. A statement that the school shall comply
with federal monitoring and federal audits required for schools that receive
federal funds.
6. A statement that
at least ninety (90) percent of QBE funds earned by students in a virtual
charter school whose total student enrollment is composed of more than five (5)
percent of students who reside in another local school system shall be expended
on virtual instruction costs in accordance with O.C.G.A. §
20-2-167.1.
7. A statement from the applicable local
school system that the amount identified in the locally approved petition
budget for base per-pupil funding is based upon the school system's good-faith
estimate of the base per-pupil amount at which it will fund the charter school
as long as the school system receives the state and local revenues upon which
the approved school budget is based.
8. A statement that the school shall submit
any required financial information to the local school system, in accordance
with the policies and deadlines established by the system, for inclusion in the
local school system's annual Financial Review Report (DE046) to the
DOE.
(i)
DESCRIPTION OF GOVERNANCE STRUCTURE. A description of the school's
governance structure, including the following components:
1. A description of how the charter school
shall be governed.
2. A statement
that the governing board shall be subject to the provisions of O.C.G.A. §
50-14-1
et seq.
(Open Meetings Act) and O.C.G.A. §
50-18-70
et seq.
(Open Records Act).
3. A statement
that the governing board shall be subject to the oversight of the local
board.
4. A statement regarding the
governing board's function, duties, composition, how and when members shall be
selected, how members will be representative of the community diversity in the
charter school's proposed attendance zone, how long members shall serve, how
members may be removed from office, how members shall avoid conflicts of
interests, and an assurance that the Governing Board will comply with all laws
and State Board of Education rules and guidelines related to Charter School
Governing Board training. Members of the local board and the superintendent of
the local school system are prohibited from serving on the charter school's
governing board, unless otherwise stipulated by the OCSC. Charter school
employees are prohibited from serving on the school's governing board, unless
otherwise stipulated by the OCSC. The charter school principal may serve only
as an ex officio member of the charter school governing board.
5. A description of how parents, members of
the community, and other interested parties will be involved in the governing
board of the school.
6. A list of
proposed business arrangements or partnerships with existing schools,
educational programs, businesses, or nonprofit organizations and a disclosure
of any potential conflicts of interest. This includes a copy of any intended
contracts for the provision of educational management services or the provision
of supplemental educational services and remediation, and any agreements with
other local schools for the charter school students' participation in
extracurricular activities such as interscholastic sports and clubs.
7. Provide a Roles and Responsibilities chart
between the College and Career Academy governing board, the School System, and
the CCA's higher education and business partners that includes the following:
(i) Information on the CCA's decision making
authority regarding personnel decisions, financial decisions, curriculum and
instruction resource allocation, establishing and monitoring the achievement of
school improvement goals, and school operations,
(ii) Information on how the CCA will be
funded by the District and other strategic partners; and
(iii) Information on the services and
supports to be provided to the CCA by the local district.
8. A description of the method that the local
board and the charter school plan to utilize for resolving conflicts with each
other.
9. Evidence that the locally
approved charter school has been incorporated as a Georgia nonprofit
corporation pursuant to the Georgia Nonprofit Corporation Code, O.C.G.A. §
14-3-101
et seq.,
as required by O.C.G.A. §
20-2-2065(b)(4).
This evidence shall include an official copy of the certificate of
incorporation from the Georgia Secretary of State and a copy of the by-laws for
the Georgia nonprofit corporation. By-laws must specify the duties of governing
boards' members with particularity. This requirement shall apply to both
start-up and conversion charter schools.
(j)
STATEMENT ON ANNUAL REPORT.
A statement that the charter school shall provide an annual report to the OCSC,
the local board of education, and parents and guardians of students enrolled in
the school by November 1 of each year, in accordance O.C.G.A. §
20-2-2067.1(c)
and that such report shall conform to the template provided by the
OCSC.
(3)
ADDITIONAL PETITION REQUIREMENTS FOR CONVERSION APPLICANTS ONLY.
In addition to the requirements of Part 2 of this Rule, all conversion charter
school petitions shall include the following components:
(a) A statement that the petitioner has held
the appropriate votes by secret ballot as required pursuant to O.C.G.A. §
20-2-2064(a)(1) and
(2), and a description of the procedures and
outcome of those votes.
1. For purposes of the
vote required pursuant to O.C.G.A. §
20-2-2064(a)(1)(A),
each faculty or instructional staff member shall have a single vote.
2. For purposes of the vote required pursuant
to O.C.G.A. §
20-2-2064(a)(1)(B),
a student's parent(s) or guardian(s) shall collectively have one vote for each
student enrolled in the school although parents of students at the school who
are eligible to vote as faculty or instructional staff shall also have a single
vote in the vote required pursuant to O.C.G.A. §
20-2-2064(a)(1)(B).
(b) A statement detailing the
innovations that shall materially distinguish the conversion charter from the
school's pre-conversion model and that require the flexibility offered through
the charter model. If an innovation is already implemented at other district
schools, it can still be considered innovative for the charter school
applicant.
(c) A statement
detailing the conversion charter's plan to operate with substantial autonomy.
This statement shall include a description of how financial resources will be
managed, how human resources will be managed, how personnel will be evaluated;
and a description of school governance and the extent to which parents,
community members, and other stakeholders will participate in the governance of
the school. The petition shall describe all policies, procedures, and practices
that will materially distinguish the conversion school from the school's
pre-conversion model.
(d) A
statement from the applicable local school system detailing the district's plan
to ensure the conversion charter school will operate with substantial autonomy,
and how the district will ensure its effective support of the charter school,
including what, if any, changes it will make to its central office to ensure
that the charter school is properly supported and operates with substantial
autonomy.
(4)
CHARTER PETITION REQUIREMENTS FOR STATE CHARTERED SPECIAL SCHOOL
APPLICANTS. In addition to the petition submitted in accordance with
Part 2 of this Rule, the OCSC reserves the right to request supplemental
information, as needed. The content of a state chartered school petition may
not be altered from the content that was submitted to the local board(s) that
denied the petition. All state chartered special schools shall also submit to
the OCSC:
(a) A statement regarding whether
the school intends to request from the OCSC a local referendum pursuant to
O.C.G.A. §
20-2-2068.1(e)
and, if so, the timeline for pursuing such a request.
(b) A copy of the local board's written,
specific reasons for denial of the charter petition and a written response to
the local board's reasons for denial.
(c) Any supplemental documentation the OCSC
may require for review and evaluation of the application.
(5) Charter Petition Requirements for Jointly
Authorized Applicants.
(a) Two or more local
boards may jointly authorize a local charter school pursuant to O.C.G.A. §
20-2-2063(c). The
local boards may authorize the charter school by one of the following methods:
1. Each local board shall approve the charter
petition before it is submitted to the State Board of Education; or
2. One local board shall submit the petition
and enter into an interagency agreement with the other local board(s). Such
interagency agreement must specify how local revenues shall be allocated to the
charter school. The agreement shall become an attachment to the jointly
authorized charter petition.
(b) The OCSC will calculate student
accountability for jointly authorized charter schools and for the authorizing
districts, in accordance with the Single Statewide Accountability
System.
(c) Petitions involving two
or more local boards shall follow the same requirements as other charter
petitions, as outlined in Part 2 above, and shall also include the following
components:
1. A statement specifying which
entity shall be the fiscal agent for the jointly authorized charter
school.
2. A statement from the
applicable local boards guaranteeing that the base per-pupil amount at which it
will fund the charter school is the amount identified in the locally approved
petition budget as long as the school system receives the state and local
revenues upon which the approved school budget is based.
3. An agreement detailing the involvement and
responsibilities of each local board regarding the jointly authorized charter
school.
(6)
Charter Petition Requirements for Charter High School Cluster Applicants.
(a) A high school and all the middle and
elementary schools whose students matriculate to that high school may act as a
single charter petitioner to convert to charter school status pursuant to
O.C.G.A. §
20-2-2063(b). The
charter high school cluster petition may include new and existing start-up
charter schools, conversion charter schools, and renewals thereof. A charter
high school cluster petition must address petition requirements for each school
as described in Part 2 above, as applicable. A high school cluster must be
governed by a nonprofit charter school governing board. In addition, the
petition must include the following components:
1. A statement that the petitioner has held
the appropriate votes by secret ballot as required pursuant to O.C.G.A. §
20-2-2064(a)(1) and
(2), and a description of the procedures and
outcome of those votes.
(i) For purposes of
the vote required pursuant to O.C.G.A. §
20-2-2064(a)(1)(A),
each faculty or instructional staff member shall have a single vote.
(ii) For purposes of the vote required
pursuant to O.C.G.A. §
20-2-2064(a)(1)(B),
a student's parent(s) or guardian(s) shall collectively have one vote for each
student enrolled in the school.
2. A statement detailing the rationale for
petitioning as a high school cluster, such as innovations that will materially
distinguish the charter cluster from the cluster's pre-conversion model and
that require the flexibility offered through the charter model.
3. A description of how the charter high
school cluster as a whole shall be held accountable for performance goals
stated in the charter.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) CHARTER PETITION PROCESS.
(a) LETTERS OF INTENT. All applicants, including renewal applicants, who intend to submit a charter petition for local board of education (local board) consideration, shall use the Department's template to submit a letter of intent to both the Department and to the appropriate local board(s) at least six (6) months prior to the date on which the petition will be submitted to the Department. Petitioners should consult the Charter Schools Division website and consult with the applicable local school district(s) for timelines and requirements. Failure to submit a letter of intent shall not preclude an applicant from submitting a petition provided the applicant requests and receives a waiver for the letter of intent from both the Department and local district(s).
(b) CHARTER PETITION SUBMISSIONS TO LOCAL BOARDS.
1. Local boards shall adopt policies and publish deadlines regarding submission of charter petitions that are consistent with the timeline and requirements for charter petitions as outlined in this Rule. The Department may request that a local board revise any policy that precludes the uniform application of this Rule. Such policies shall provide for an in-person panel interview by, or a meeting with, the district to provide the district an opportunity to hear from the petitioner directly about district concerns or clarifications the district needs.
2. Pursuant to O.C.G.A. § 20-2-2064(a) and (b), a local board must, by a majority vote, approve or deny a petition no later than ninety (90) days after its submission, unless the petitioner offers an extension and the local board accepts the offer.
3. If the local board denies a petition directly by a vote of the local board to deny or indirectly by failing to vote within the requisite ninety (90) day review period, it must, within sixty (60) days of the denial, provide a written statement of denial to the petitioner and to the State Board of Education . A written statement of denial shall specifically state the reasons for denial and include a list of the deficiencies in the petition relevant to O.C.G.A. § 20-2-2063. If the local board cites that approval is not in the public interest , the written statement of denial shall include a detailed description of why approval is not in the public interest .
4. Unless granted written approval by the Department of an alternate approach to accomplishing these robust petition review goals, within the ninety (90) days a local district has to review a charter petition , the district shall provide a written statement to the petitioner indicating which of the following four groups the petitioner is in and, if appropriate, what they must do if they wish to revise and resubmit their petition :
(i) Rejection Group: These applications are flawed in some way that is irreparable and will be rejected for the current school year's Petition Review Cycle.
(I) The local district shall issue a rejection letter that informs such applicants that their application cannot be considered during the current school year's Petition Review Cycle.
(II) The rejection letter shall include a statement of the legal insufficiency that makes the petition irreparable.
(III) Applicants in this category are free to submit a brand new application in the following school year's Petition Review Cycle.
(ii) Revision Group: During the district's initial internal review and panel interview with the applicant, these applicants demonstrate minimum quality and compliance or less, and would require substantial and material revisions before their petition could be recommended by the district for approval by the local board of education.
(I) The local district shall issue a letter informing these applicants that they cannot receive an approval recommendation unless the required material revisions are made within thirty (30) days. This letter shall include mention of the district's agreement to the petitioner's granting the district ninety (90) additional days to accept or reject its petition .
(II) If an applicant chooses to make the substantial and material changes required, they shall resubmit their petition within the thirty (30) day window. Their resubmittal letter shall include mention of their granting to the district ninety (90) additional days beyond the initial 90-day review period to accept or reject their petition .
(III) Applicants will have only one opportunity to revise their application to make the substantial and material changes required.
(IV) Applicants that fail to make required revisions will have to wait until the following school year's Petition Review Cycle to submit a new application.
(iii) Clarification Group: During the district's initial internal review and panel interview with the applicant, these applicants demonstrate moderate quality and compliance or better, but require clarification and supplemental information to be submitted before their petition could be recommended by the district for approval by the local board of education.
(I) The local district shall issue a letter informing these applicants what clarification(s) and/or supplemental information is required. This letter shall include mention of the district's agreement to the petitioner's granting the district ninety (90) additional days to accept or reject its petition .
(II) If an applicant chooses to provide the required clarification(s) and/or supplemental information, they shall resubmit their petition within a thirty (30) day window. Their response letter shall include mention of their granting to the district ninety (90) additional days beyond the initial ninety (90) day review period to accept or reject their petition .
(III) Applicants will have only one opportunity to provide the required clarification(s) and/or supplemental information.
(IV) Applicants that fail to provide the required clarification(s) and/or supplemental information will have to wait until the following school year's petition review cycle to submit a new application.
(iv) Approval Group: During the district's initial internal review and panel interview with the applicant, these applicants demonstrate near-perfect quality and compliance. For these applicants, the district will make a recommendation to the local board of education for approval of the petition without any further action on the part of the applicant.
5. If a local board denies a petition , the local board or the petitioner may request mediation by submitting a written request to the State Board of Education within thirty (30) days of the final denial. If the other party agrees to the mediation, the State Board of Education , or Charter Advisory Committee if directed by the State Board of Education to do so, may assign a mediator to be paid by the Department but reimbursed equally by the local board and the petitioner to assist in resolving issues which led to the denial of the petition by the local board.
6. If a local board approves a petition , within thirty (30) days of the approval:
(i) The local board shall deliver a copy of the petition they approved to the Department.
(ii) The petitioner shall deliver the approved petition to the Department for review by the State Board of Education . The petition shall be in accordance with all Department requirements, including those related to formatting, as described in this Rule, on the Charter Schools Division website and within the relevant charter school application.
(c) CHARTER PETITION SUBMISSIONS TO THE DEPARTMENT OF EDUCATION.
1. Charter petitioners shall ensure that petitions adhere to all application requirements and related timelines as established by the Department pursuant to O.C.G.A. § 20-2-2063 and as outlined in this Rule. Petitioners that have applied to a local school district must also provide a copy of their petition to the Department within thirty (30) days of submitting their petition to the school district. Petitioners should consult the Charter Schools Division website for applicable timelines and requirements. Failure to comply with timelines or requirements may delay or prohibit consideration of the petition until the following school year's petition review cycle.
(d) CHARTER PETITION REVIEW PROCEDURES BY THE DEPARTMENT OF EDUCATION.
1. The Department shall process all charter petitions submitted to the Department on behalf of the State Board of Education as outlined in this Rule.
2. The Department shall coordinate with the Charter Advisory Committee , as applicable, to facilitate their review of petitions and their subsequent recommendations to the State Board of Education .
3. The Department reserves the right to reject incomplete and/or legally insufficient charter petition submissions.
4. The Department staff shall first review petitions to determine if they are complete and meet the legal requirements for submission, not so as to require approval but so as to allow further review.
5. If a charter petition is deemed to be deficient, the petition shall be rejected and the petitioner notified of the reasons for that rejection.
6. Those petitioners who have submitted a petition that is deemed to be complete and to meet the legal requirements for submission, shall attend an interview with Department staff as part of the petition review process. A majority of the members of the charter school governing board are required to be in attendance at the interview. The goal of the interview is to gauge the petitioner's overall capacity to sustain operations of a high-quality charter school with regard to academics, operations, governance, finance, and compliance with all non-waivable law, rules, and guidelines.
7. The Department shall make recommendations to the State Board of Education for approval or denial of a charter contract and shall specify to the State Board of Education the reasons for its recommendation.
(i) The maximum term for both initial and renewed charter contracts approved by the State Board of Education shall be five years.
8. Existing charter schools may not apply for renewal to a new authorizer. Existing charter schools seeking to switch authorizers must apply to the new authorizer as a new petitioner. Existing charter schools may petition the State Charter Schools Commission (SCSC) for approval as provided by O.C.G.A § 20-2-2063.3(b)(2) or by O.C.G.A. § 20-2-2085 and in accordance with the policies and processes of the SCSC. Existing charter schools that meet the definition of a "high quality charter school " for the past three years (or over the life of the school, if the school has been open for fewer than three years) as established by the Department may be eligible for an expedited review in accordance with policies developed by the Department.
9. The local school governing team of a system charter school may petition to become a conversion charter school , not subject to the terms of the system charter . In the event that a system charter school becomes a conversion charter , the system shall reflect that change in their annual report.
(e) REVIEW PROCEDURES FOR DEPARTMENT REVIEW OF NEW AND RENEWAL CHARTERS GRANTED BY THE STATE CHARTER SCHOOLS COMMISSION .
1. The Department shall review all approved charter contracts granted by the State Charter Schools Commission (SCSC), including both initial and renewed charters, along with the related petitions and other materials presented by SCSC staff to the SCSC members.
2. The Department shall make recommendations to the State Board of Education regarding the State Board of Education 's affirmation or overrule of all new or renewal charters, and where the recommendation is to overrule the SCSC's decision, shall specify the reasons for its recommendation to overrule the SCSC.
(2) CHARTER PETITION APPLICATION REQUIREMENTS FOR ALL CHARTER APPLICANTS. All charter school petition applications, including applications for renewal, shall meet the following minimum requirements pursuant to O.C.G.A. § 20-2-2063. Additionally, Charter school petition applications shall meet all formatting requirements included in the application.
(a) STATEMENT OF INTENT. A description of how the proposed charter school promotes the legislative intent of the charter schools program to "increase student achievement through academic and organizational innovation," in accordance with O.C.G.A. § 20-2-2061.
(b) STATEMENT OF GOALS AND OBJECTIVES.A list and detailed description of the petitioner's specific performance-based goals and measurable objectives. At a minimum, the list shall include goals and objectives that are aligned with state and federal assessment standards, measurable on at least an annual basis, attainable, and reflective of the mission set forth in the petition . The petition shall demonstrate that the performance-based goals and measurable objectives will result in continuous improvement in student achievement and will comply with the Single Statewide Accountability System.
Failure to meet or exceed the specific performance and measurable objectives as defined in
(c) DESCRIPTION OF INTENDED USE OF WAIVERS. A description of how the school shall utilize its broad flexibility from laws, rules, and regulations as permitted by O.C.G.A. § 20-2-2065(a). Schools cannot waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; protecting physical and/or mental health and safety of school students, employees, and visitors; conflicts of interest; unlawful conduct; any reporting requirements of O.C.G.A.§§ 20-2-133, 20-2-210, 20-2-211.1, 20-2-320, 20-2-327(c); or virtual instruction requirements of O.C.G.A. § 20-2-167.1.
The
(d) PARENTAL AND COMMUNITY INVOLVEMENT.A description of how parents, members of the community, and other interested parties contributed to the development of the petition and how petitioner intends to secure their ongoing involvement in the school and in what capacity. A charter school shall not require parents or guardians to volunteer their time and/or contribute money or in-kind to the school as a condition of enrollment in the school. Any parent or guardian volunteer commitments must be optional to ensure open enrollment.
(e) DESCRIPTION OF THE EDUCATIONAL PROGRAM. A description of the following components of the school's educational program, including an explanation of how these components shall contribute to the achievement of the performance-based goals and measurable objectives:
1. The school's mission;
2. The ages and grades to be included;
3. The focus of the curriculum;
4. Instructional methods to be used, including any distinctive or unique instructional techniques or educational programs to be employed;
5. For students with disabilities, a description of how the school shall provide state and federally-mandated services; ensure individuals employed as special education teachers have a bachelor's degree and are either certified in special education or hold a special education license; and comply with all special education laws, including Section 504 of the Rehabilitation Act of 1973, Title II of the Americans With Disabilities Act, and the IDEA;
6. For English Language Learners, a description of how the school shall provide state and federally-mandated services;
7. A description of how the school intends to meet the needs of students identified as gifted and talented;
8. A description of how the school shall provide supplemental educational services as required by federal law and pursuant to State Board of Education Rule 160-4-5-.03. Supplemental Educational Services in Title I Schools, and a description of how the school shall provide remediation in required cases pursuant to State Board of Education Rule 160-4-5-.01. Remedial Education; and
9. The school's proposed annual calendar and a draft daily school schedule for a typical week.
(f) DESCRIPTION OF ASSESSMENT METHODS. A description of the school's student assessment plan, including the following components:
1. A statement detailing how the school shall comply with the accountability provisions of O.C.G.A. § 20-14-30 through § 20-14-41 and federal accountability requirements, including the manner in which the school shall work with the authorizer(s) to participate in statewide assessments.
2. A plan to obtain student performance data for each student, which shall include how the current baseline standard of achievement shall be determined in order to meet the petition 's performance-based goals and measurable objectives. The data may include standardized assessment results from previous school years. For the charter school 's first year, baseline student achievement data shall be collected within three months from the first day of school.
3. A plan to address how assessments shall measure improvement and over what period of time.
4. The school's plan for using assessment data to monitor and improve achievement for all students.
5. For charter high schools, a description of the method for determining that a student has satisfied the requirements for high school graduation as defined in SBOE Rule 160-4-2-.48 High School Graduation Requirements for Students Enrolling in the Ninth Grade for the First Time in the 2008-09 School Year and Subsequent Years.
(g) DESCRIPTION OF SCHOOL OPERATIONS. A description of the school's operations and management plan, including the following components:
1. The proposed duration of the charter if for a period of time less than the maximum five years.
2. The proposed attendance zone for the school, pursuant to O.C.G.A. § 20-2-2062(1.1).
3. A description of all rules and procedures that shall govern the admission of students to the charter school , including:
(i) A statement detailing whether the charter school shall utilize any enrollment priorities pursuant to O.C.G.A. § 20-2-2066(a) and (b), and if so, their rank order.
(ii) A statement detailing whether the charter school shall utilize a weighted lottery pursuant to O.C.G.A. § 20-2-2066(a) and (b) to provide an increased chance of admission for educationally disadvantaged students .
(iii) A copy of the proposed admissions application or a description of the application that demonstrates that the application conforms to the requirements of rule and law, including the requirement that charter schools have open enrollment.
(iv) A copy of the policy setting annual enrollment, re-enrollment and lottery deadlines including a description of the lottery procedures detailing how enrollment preferences will be applied and an assurance of complete transparency in its procedures. Complete transparency shall include, at a minimum, publishing the lottery date, time, place and lottery procedures at least two weeks in advance on the school's website. The policy shall ensure that only students who reside in the proposed attendance zone are eligible to participate in the lottery. The policy shall also ensure open enrollment for each grade served for which space is available and shall maintain enrollment at the levels described in the charter and approved by the State Board of Education . A charter school , except for dual language immersion charter schools, may not adopt any policy which expressly restricts enrollment to specific grade levels within the grade span served by the school. A charter school must offer at least one annual enrollment opportunity for each grade served for which space is available.
4. A description of the steps the charter school will take to ensure equitable access to the school for students, faculty, and staff who are representative of the community diversity in the school's proposed attendance zone, including students who are educationally disadvantaged as defined in State Board of Education Rule 160-4-9-.04.
5. Rules and procedures concerning student discipline and dismissal, including code of conduct and student due process procedures.
6. Rules and procedures concerning how the school will handle grievances and complaints from students, parents, and teachers.
7. The manner in which the school shall be insured, the terms and conditions thereof, and the amounts of coverage.
8. A description of the employment procedures and policies of the school. The description of employment procedures and policies shall include, at a minimum, the following:
(i) The charter school 's procedures to ensure compliance with the requirement that the school shall not allow any faculty, staff, or governing board member contact with students without having annual documentation of a successful background check as well as the charter school 's policies and procedures that establish the requirement that faculty, staff, and governing board members must immediately disclose to the school the occurrence of any arrests or other such occurrences which would have resulted in an unsuccessful background check if they had occurred prior to the background check. Each school employee must have a clearance certificate from the Georgia Professional Standards Commission (GaPSC).
9. A description of the facilities to be used, their location(s), and any pending modifications necessary for utilization for educational purposes. The description must include the following components:
(i) Description, including documentation, of steps petitioner has taken relevant to the Department's facilities review process.
(ii) A Certificate of Occupancy must be obtained prior to student occupancy of the proposed facility. The latest possible date by which the Certificate of Occupancy shall be obtained must be included in the charter petition .
(iii) The school's emergency safety plan, which may be a statement that the petitioner will prepare a safety plan in accordance with O.C.G.A. § 20-2-1185 and submit and obtain approval from the Georgia Emergency Management Agency by a specified date.
(iv) A statement that any future facility used to house students will be subject to approval by the local board and the Department prior to occupancy.
(v) Documentation of ownership or a copy of the lease of the facility. If the facility has not been obtained or the documentation is not available at the time the petition is submitted, the petitioner shall provide a timeline for obtaining such facilities or providing such documentation and shall provide such documentation to the Department as soon as it is available. This does not apply to conversion charter schools.
10. A statement describing whether the building is new or existing. In the case of a locally approved charter school , building plans must be approved by the facilities department of the local board. For all other charter schools, building plans only need to be approved by the Department.
11. The manner in which the school's enrollment count will be determined for purposes of calculating charter school funding, pursuant to O.C.G.A. § 20-2-2068.1(c) or § 20-2-2090(d), as appropriate.
(h) DEMONSTRATION OF FISCAL FEASIBILITY AND CONTROLS.A description of the school's financial structure, including the following components:
1. Designation of a chief financial officer who shall not serve simultaneously as the school leader for the charter school and possesses the following credentials:
(i) A baccalaureate or higher degree in business, accounting, or finance from an accredited college or university and a minimum of four years experience in a field related to business or finance; or
(ii) Documented experience of ten or more years in the field of business and financial management.
2. Charter schools as defined by O.C.G.A. § 20-2-2062 are public schools, therefore the school shall comply with Governmental Accounting Standards Board (GASB) Statements and Interpretations, which constitute Generally Accepted Accounting Principles (GAAP) for financial reporting.
3. A statement that the school shall be subject to an annual financial audit conducted by an independent Georgia licensed Certified Public Accountant, in accordance with O.C.G.A. §20-2-2065(b)(7). The financial reporting format shall comply with generally accepted government auditing standards (GAGAS).
4. A statement indicating whether the school shall utilize the local school board for fiscal management or other services; and, if so, specifics regarding what level of autonomy the school shall have over budgets and expenditures and/or any other area for which the school has contracted with the local board to provide services.
5. A statement that the school shall comply with federal monitoring and federal audits required for schools that receive federal funds.
6. A statement that at least ninety (90) percent of QBE funds earned by students in a virtual charter school whose total student enrollment is composed of more than five (5) percent of students who reside in another local school system shall be expended on virtual instruction costs in accordance with O.C.G.A. § 20-2-167.1.
7. A statement from the applicable local school system that the amount identified in the locally approved petition budget for base per-pupil funding is based upon the school system's good-faith estimate of the base per-pupil amount at which it will fund the charter school as long as the school system receives the state and local revenues upon which the approved school budget is based.
8. A statement that the school shall submit any required financial information to the local school system , in accordance with the policies and deadlines established by the system, for inclusion in the local school system 's annual Financial Review Report (DE046) to the Department.
(i) DESCRIPTION OF GOVERNANCE STRUCTURE.A description of the school's governance structure, including the following components:
1. A description of how the charter school shall be governed.
2. A statement that the governing board shall be subject to the provisions of O.C.G.A. § 50-14-1 et seq. (Open Meetings Act) and O.C.G.A. § 50-18-70et seq. (Open Records Act).
3. A statement that the governing board shall be subject to the oversight of the local board.
4. A statement regarding the governing board 's function, duties, composition, how and when members shall be selected, how members will be representative of the community diversity in the charter school 's proposed attendance zone, how long members shall serve, how members may be removed from office, how members shall avoid conflicts of interests, and an assurance that the Governing Board will comply with all laws and State Board of Education rules and guidelines related to Charter School Governing Board training. Members of the local board and the superintendent of the local school system are prohibited from serving on the charter school 's governing board , unless otherwise stipulated by the Department. Charter school employees are prohibited from serving on the school's governing board , unless otherwise stipulated by the Department. The charter school principal may serve only as an ex officio member of the charter school governing board .
5. A description of how parents, members of the community, and other interested parties will be involved in the governing board of the school.
6. A list of proposed business arrangements or partnerships with existing schools, educational programs, businesses, or nonprofit organizations and a disclosure of any potential conflicts of interest. This includes a copy of any intended contracts for the provision of educational management services or the provision of supplemental educational services and remediation, and any agreements with other local schools for the charter school students' participation in extracurricular activities such as interscholastic sports and clubs.
7. Provide a Roles and Responsibilities chart between the College and Career Academy governing board , the School System, and the CCA's higher education and business partners that includes the following:
(i) Information on the CCA's decision making authority regarding personnel decisions, financial decisions, curriculum and instruction resource allocation, establishing and monitoring the achievement of school improvement goals, and school operations,
(ii) Information on how the CCA will be funded by the District and other strategic partners; and
(iii) Information on the services and supports to be provided to the CCA by the local district.
8. A description of the method that the local board and the charter school plan to utilize for resolving conflicts with each other.
9. Evidence that the locally approved charter school has been incorporated as a Georgia nonprofit corporation pursuant to the Georgia Nonprofit Corporation Code, O.C.G.A. § 14-3-101et seq., as required by O.C.G.A. § 20-2-2065(b)(4). This evidence shall include an official copy of the certificate of incorporation from the Georgia Secretary of State and a copy of the by-laws for the Georgia nonprofit corporation. By-laws must specify the duties of governing boards' members with particularity. This requirement shall apply to both start-up and conversion charter schools.
(j) STATEMENT ON ANNUAL REPORT. A statement that the charter school shall provide an annual report to the Department, the local board of education, and parents and guardians of students enrolled in the school by November 1 of each year, in accordance O.C.G.A. § 20-2-2067.1(c) and that such report shall conform to the template provided by the Department.
(3) ADDITIONAL PETITION REQUIREMENTS FOR CONVERSION APPLICANTS ONLY.In addition to the requirements of Part 2 of this Rule, all conversion charter school petitions shall include the following components:
(a) A statement that the petitioner has held the appropriate votes by secret ballot as required pursuant to O.C.G.A. § 20-2-2064(a)(1) and (2), and a description of the procedures and outcome of those votes.
1. For purposes of the vote required pursuant to O.C.G.A. § 20-2-2064(a)(1)(A), each faculty or instructional staff member shall have a single vote.
2. For purposes of the vote required pursuant to O.C.G.A. § 20-2-2064(a)(1)(B), a student's parent(s) or guardian(s) shall collectively have one vote for each student enrolled in the school although parents of students at the school who are eligible to vote as faculty or instructional staff shall also have a single vote in the vote required pursuant to O.C.G.A. § 20-2-2064(a)(1)(B).
(b) A statement detailing the innovations that shall materially distinguish the conversion charter from the school's pre-conversion model and that require the flexibility offered through the charter model. If an innovation is already implemented at other district schools, it can still be considered innovative for the charter school applicant.
(c) A statement detailing the conversion charter 's plan to operate with substantial autonomy . This statement shall include a description of how financial resources will be managed, how human resources will be managed, how personnel will be evaluated; and a description of school governance and the extent to which parents, community members, and other stakeholders will participate in the governance of the school. The petition shall describe all policies, procedures, and practices that will materially distinguish the conversion school from the school's pre-conversion model.
(d) A statement from the applicable local school system detailing the district's plan to ensure the conversion charter school will operate with substantial autonomy , and how the district will ensure its effective support of the charter school , including what, if any, changes it will make to its central office to ensure that the charter school is properly supported and operates with substantial autonomy .
(4) CHARTER PETITION REQUIREMENTS FOR STATE CHARTERED SPECIAL SCHOOL APPLICANTS. In addition to the petition submitted in accordance with Part 2 of this Rule, the Department reserves the right to request supplemental information, as needed. The content of a state chartered school petition may not be altered from the content that was submitted to the local board(s) that denied the petition . All state chartered special schools shall also submit to the Department:
(a) A statement regarding whether the school intends to request from the Department a local referendum pursuant to O.C.G.A. § 20-2-2068.1(e) and, if so, the timeline for pursuing such a request.
(b) A copy of the local board's written, specific reasons for denial of the charter petition and a written response to the local board's reasons for denial.
(c) Any supplemental documentation the Department may require for review and evaluation of the application.
(5) CHARTER PETITION REQUIREMENTS FOR JOINTLY AUTHORIZED APPLICANTS
(a) Two or more local boards may jointly authorize a local charter school pursuant to O.C.G.A. § 20-2-2063(c). The local boards may authorize the charter school by one of the following methods:
1. Each local board shall approve the charter petition before it is submitted to the State Board of Education ; or
2. One local board shall submit the petition and enter into an interagency agreement with the other local board(s). Such interagency agreement must specify how local revenues shall be allocated to the charter school . The agreement shall become an attachment to the jointly authorized charter petition .
(b) The Department will calculate student accountability for jointly authorized charter schools and for the authorizing districts, in accordance with the Single Statewide Accountability System.
(c) Petitions involving two or more local boards shall follow the same requirements as other charter petitions, as outlined in Part 2 above, and shall also include the following components:
1. A statement specifying which entity shall be the fiscal agent for the jointly authorized charter school .
2. A statement from the applicable local systems guaranteeing that the base per-pupil amount at which it will fund the charter school is the amount identified in the locally approved petition budget as long as the school system receives the state and local revenues upon which the approved school budget is based.
3. An agreement detailing the involvement and responsibilities of each local board regarding the jointly authorized charter school .
(6) CHARTER PETITION REQUIREMENTS FOR CHARTER HIGH SCHOOL CLUSTER APPLICANTS
(a) A high school and all the middle and elementary schools whose students matriculate to that high school may act as a single charter petitioner to convert to charter school status pursuant to O.C.G.A. § 20-2-2063(b). The charter high school cluster petition may include new and existing start-up charter schools, conversion charter schools, and renewals thereof. A charter high school cluster petition must address petition requirements for each school as described in Part 2 above, as applicable. A high school cluster must be governed by a nonprofit charter school governing board . In addition, the petition must include the following components:
1. A statement that the petitioner has held the appropriate votes by secret ballot as required pursuant to O.C.G.A. § 20-2-2064(a)(1) and (2), and a description of the procedures and outcome of those votes.
(i) For purposes of the vote required pursuant to O.C.G.A. § 20-2-2064(a)(1)(A), each faculty or instructional staff member shall have a single vote.
(ii) For purposes of the vote required pursuant to O.C.G.A. § 20-2-2064(a)(1)(B), a student's parent(s) or guardian(s) shall collectively have one vote for each student enrolled in the school.
2. A statement detailing the rationale for petitioning as a high school cluster , such as innovations that will materially distinguish the charter cluster from the cluster's pre-conversion model and that require the flexibility offered through the charter model.
3. A description of how the charter high school cluster as a whole shall be held accountable for performance goals stated in the charter .