[complete report]

LAW

Year Passed

1998; last amended in 2008.

Rank

15th strongest of the nation's 41 charter laws.

Grade

C

GENERAL DATA

• “Independent authorizer” is only semi-autonomous, operating through the state education agency

• Hostile school boards filed a lawsuit accusing the Commission and charter funding as unconstitutional—decision is pending

• Funding varies based on the authorizer; local boards have control over monies

INDEPENDENT OR MULTIPLE AUTHORIZERS - YES (3)

Approval

School boards, and the Georgia Charter Schools Commission, a quasiindependent board. (The Commission operates through the state education agency and relies on it for staffing and funding.) The State Board of Education may approve the state chartered special schools (in the event that a school district rejects the initial charter application).

Appeal

Yes. The State Board of Education may grant appeals and become the sponsor for schools rejected by the Georgia Charter Schools Commission. The State Board of Education may approve a charter application to be a state chartered special school after being denied by the school board.

NUMBER OF SCHOOLS ALLOWED

Cap

No cap

OPERATIONAL AUTONOMY

State

Yes. Blanket waiver from all state and local rules and regulations. Virtual schools are allowed. Management contracts with ESPs are not restricted.

Local

Yes. Charter schools may be exempt from some district rules. However, districts subject charters to extensive control and oversight including over funding.

Teacher Freedom

Yes. Charter schools are exempt from collective bargaining. All charters are required to participate in and pay to be covered by the state retirement system.

EQUITY

Student Funding

• State's basic funding formula (QBE) applies to all charters—each type of charter is funded differently.

• School districts dictate funding for locally approved charter schools, often resulting in inequities.

• State chartered special schools receive only state and federal funds unless approved by local referendum.

• Funding for virtual schools is so low that the schools approved were unable to open.

• For district charters, funds pass through the district. For all other schools, funds pass through the state.

"Quality basic education formula applies; grants, local tax revenue, and funds from local bonds. (a) A local charter school shall be included in the allotment of QBE formula earnings, applicable QBE grants, applicable non- QBE state grants, and applicable federal grants to the local school system in which the local charter school is located under Article 6 of this chapter. The local board and the state board shall treat a conversion charter school no less favorably than other local schools located within the applicable local school system unless otherwise provided by law. The local board and the state board shall treat a start-up charter school no less favorably than other local schools within the applicable local system with respect to the provision of funds for instruction, school administration, transportation, food services, and, where feasible, building programs." [O.C.G.A. § 20-2-2068.1]

Facilities Funding

Yes. Competitive need-based per-pupil facilities grant program. Approximately 23 charters received funds. [O.C.G.A. § 20-2-2068.2]