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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 20. EDUCATION |
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Chapter 2. ELEMENTARY AND SECONDARY EDUCATION |
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Article 31A. STATE CHARTER SCHOOLS |
| § 20-2-2080. Legislative findings and intent |
| § 20-2-2081. Definitions |
| § 20-2-2082. State Charter Schools Commission; members; operations |
| § 20-2-2083. Powers and duties of commission |
| § 20-2-2084. Petition for charter schools; requirements of school; governing board membership; annual training |
| § 20-2-2085. Petitions by existing charter schools |
| § 20-2-2086. Information to parents |
| § 20-2-2087. Annual report of chairperson |
| § 20-2-2088. Debts of non-renewed or terminated charter schools |
| § 20-2-2089. Funding for state charter schools |
| § 20-2-2090. Collaborative efforts on matters related to authorization of state charter schools; administration |
| § 20-2-2091. Rules and regulations for implementation of article |
REFS & ANNOS
TITLE 20 Chapter 2 Article 31A NOTE
EFFECTIVE DATE. --This article became effective January 1, 2013.
EDITOR'S NOTES. --Ga. L. 2012, p. 1298, § 3/HB 797, not codified by the General Assembly, provided that this article shall be repealed effective January 1, 2013, and that a new article shall be enacted, only if a Constitutional amendment expressly authorizing the General Assembly to create state charter schools as special schools was ratified at the November 2012, general election. Ga. L. 2012, p. 1364/HR 1162 was ratified at the election held on November 6, 2012.
Ga. L. 2012, p. 1298, § 1/HB 797, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 20-2-2080 through 20-2-2092, relating to the Georgia Charter Schools Commission, and was based on Code 1981, §§ 20-2-2080--20-2-2092, enacted by Ga. L. 2008, p. 603, § 1/HB 881; Ga. L. 2009, p. 8, § 20/SB 46.
LAW REVIEWS. --For article on the 2012 enactment of this article, see 29 Ga. St. U.L. Rev. 1 (2012).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, decisions under former Article 31A, Code Section 20-2-2080 et seq., which was subsequently repealed but was succeeded by provisions in this article, are included in the annotations for this Code section.
CONSTITUTIONALITY. --Georgia Charter Schools Commission Act, O.C.G.A. § 20-2-2081 et seq., violated the special schools provision of Ga. Const. 1983, Art. VIII, Sec. V, Para. VII(a) by authorizing a state commission to establish competing state-created general K-12 schools under the guise of being special schools. The special schools authorized by the constitution were not competitors with locally controlled schools in regard to the education of general K-12 students; rather, the constitutionally significant matters that made a school "special" were directly related to the school itself, the school's student body and the school's curriculum. Gwinnett County Sch. Dist. v. Cox, 289 Ga. 265, 710 S.E.2d 773 (2011) (decided under former O.C.G.A. § 20-2-2080 et seq.).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, opinions under former Article 31A, Code Section 20-2-2080 et seq., which was subsequently repealed but was succeeded by provisions in this article, are included in the annotations for this Code section.
MEMBERSHIP IN THE TEACHERS RETIREMENT SYSTEM. --Unless and until the General Assembly adopts clarifying legislation, it is within the sound discretion of the Teachers Retirement System Board of Trustees to determine whether teachers who are employed not less than half-time by commission charter schools must be members of the Teachers Retirement System. 2010 Op. Att'y Gen. No. 2010-5 (decided under former O.C.G.A. § 20-2-2080 et seq.).
EDITOR'S NOTES. --Ga. L. 2012, p. 1298, § 3/HB 797, not codified by the General Assembly, provided that this article shall be repealed effective January 1, 2013, and that a new article shall be enacted, only if a Constitutional amendment expressly authorizing the General Assembly to create state charter schools as special schools was ratified at the November 2012, general election. Ga. L. 2012, p. 1364/HR 1162 was ratified at the election held on November 6, 2012.
Ga. L. 2012, p. 1298, § 1/HB 797, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 20-2-2080 through 20-2-2092, relating to the Georgia Charter Schools Commission, and was based on Code 1981, §§ 20-2-2080--20-2-2092, enacted by Ga. L. 2008, p. 603, § 1/HB 881; Ga. L. 2009, p. 8, § 20/SB 46.
LAW REVIEWS. --For article on the 2012 enactment of this article, see 29 Ga. St. U.L. Rev. 1 (2012).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, decisions under former Article 31A, Code Section 20-2-2080 et seq., which was subsequently repealed but was succeeded by provisions in this article, are included in the annotations for this Code section.
CONSTITUTIONALITY. --Georgia Charter Schools Commission Act, O.C.G.A. § 20-2-2081 et seq., violated the special schools provision of Ga. Const. 1983, Art. VIII, Sec. V, Para. VII(a) by authorizing a state commission to establish competing state-created general K-12 schools under the guise of being special schools. The special schools authorized by the constitution were not competitors with locally controlled schools in regard to the education of general K-12 students; rather, the constitutionally significant matters that made a school "special" were directly related to the school itself, the school's student body and the school's curriculum. Gwinnett County Sch. Dist. v. Cox, 289 Ga. 265, 710 S.E.2d 773 (2011) (decided under former O.C.G.A. § 20-2-2080 et seq.).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, opinions under former Article 31A, Code Section 20-2-2080 et seq., which was subsequently repealed but was succeeded by provisions in this article, are included in the annotations for this Code section.
MEMBERSHIP IN THE TEACHERS RETIREMENT SYSTEM. --Unless and until the General Assembly adopts clarifying legislation, it is within the sound discretion of the Teachers Retirement System Board of Trustees to determine whether teachers who are employed not less than half-time by commission charter schools must be members of the Teachers Retirement System. 2010 Op. Att'y Gen. No. 2010-5 (decided under former O.C.G.A. § 20-2-2080 et seq.).