1. Cobb County School District Charter Petition Training
Patrick H. Ouzts, Esq.
Gregory, Doyle, Calhoun & Rogers, LLP

2. Disclaimer
This presentation is for informational purposes only. It cannot take the place of specific legal advice tailored to your organization’s needs.
Copyrighted October 2013

3. Overview The Charter Schools Act Governance
Common Petition Deficiencies

4. The Charter Schools Act
O.C.G.A. §
§2064: Approval/Denial of a Petition
§2065: Requirements for Operating
§2066: Enrollment of Students
§2067.1: Amendment of Charter
§2068: Termination of Charter
§2068.1: Funding
§2068.2: Facilities
This law and its interpretive regulations from the Department of Education establish a basic framework for the approval, denial, management, and termination of charter schools in Georgia.

5. The Charter Schools Act
O.C.G.A. § (b): The local board of education must ensure that each charter school shall be:
Public, nonsectarian, nonreligious, nonprofit school that is not home based;
Subject to control and management of the local board, if a local charter school; or subject to the supervision of the state board, if a state chartered special school;
Organized and operated as a nonprofit corporation;
Subject to all federal, state and local rules, regulations, court orders and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct;
cont’d

6. The Charter School Act
Subject to all laws relating to unlawful conduct in or near a public school;
Subject to an annual financial audit conducted by the state auditor or, if specified in the charter, by an independent certified public accountant;
Subject to accountability assessment, as defined by O.C.G.A. § et. seq.;
Subject to certain reporting requirements;
Subject that it shall not charge tuition or fees to its students except as may be authorized by the local board; and
Subject to the requirement of requiring a brief period of quiet reflection.

7. The Charter School Act
O.C.G.A. § provides for a broad flexibility waiver, other than the provisions just described.
You have to provide examples of how you will use these waivers to directly increase the academic achievement of your school.
What do you want to waive? Why?

8. The Charter School Act Termination of a Charter
Parents can initiate it
Staff can initiate it
Local Board can initiate it
State Board can initiate it
Grounds for Termination of Charter
Failure to adhere to charter contract
Failure to meet performance goals
Poor fiscal management
Legal violations
The school is no longer in the public’s best interest

9. The Charter School Act
O.C.G.A. § (d): “A local board shall approve a petition that complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section and the provisions of this title and is in the public interest.”
Complies with the Charter School Act; AND
Is in the Public Interest
Ga BOE Rule (dd): “more likely than not to promote the welfare or well-being of students, staff, the community or the general public, including but not limited to, increased student achievement, financial stability, and positive school climate.”

10. Governance
High quality governance is the make-or-break element in your school’s ultimate success.
Governance is direction, not doing.
State Requirements regarding Board Training and governance
Available Resources

11. Governance Qualities of a Highly Effective Board
Diversity of Skills
Active Participation
Neighborhood Connection
Expertise: Legal, Financial, Educational
Fundraising Know-how
Board Responsibilities:
Mission and Image
Finances
Performance Goals
Legal Compliance

12. Governance Reviewing financial/budget reports
Role of the Board
Role of the School Leadership
Reviewing financial/budget reports
Reviewing academic performance and goals
Selection and oversight of school leader
Managing and obtaining resources
Approving budget
Approving contracts
Day to day management
Implementing board objectives and goals
Selection and oversight of school staff
Informs board of issues

13. Governance Conflict of Interest
Develop a realistic and easy to follow policy (written)
Open and frank conversations at meetings about potential conflicts
Do not divert corporate opportunities for your own gain
By becoming a member of the board, you accept a Duty of Loyalty to the charter school
If you do not follow this policy, you could be sued for what you do or don’t do for the school
Don’t accept a board position if you are not prepared to accept the responsibility.

14. Common Petition Deficiencies
Finances: Unrealistic budget
Student enrollment
Reliance on unrealized fundraising
Unaccounted expenses
CFO qualifications
Controls and audits
Cash flow
Programming
Is it feasible?
Is it supported?
Will it result in improved student performance?
CCRPI and Beating the Odds

15. Common Petition Deficiencies
Special Education
Do you have a plan for complying with the IDEA and 504?
Staff
Resources
Experience
Identifying, evaluating, and providing appropriate special education and related services to any and all of its students with disabilities
Governance
Training
Independence
Effectiveness

16. Common Petition Deficiencies
Contracts with Education Management Organizations
EMOs are for profit and require a strong board to manage
What % of your budget is going to an EMO; What value are you getting in return?
Additional EMO costs for trainings or other resources
Compliance with the Open Records and Meetings Act
The public has a right to inspect/copy public records kept in the course of running your charter school:
This means your s, documents, budgets, etc.
Meetings and their agendas must be announced in advance and open to the public
Only limited discussions in executive session can be exempt from public participation.

17. Common Petition Deficiencies
Enrollment
Can only use the enrollment priorities listed in the statute
Admission by lottery if over-enrolled
Is enrollment high enough?
Facilities
Where will the school be located?
How will the facility be paid for?
What improvements does the facility need?

18. Charter School Petitions
Closing Thoughts:
Your petition is a contract and a proposal
If it’s not in the petition, the local board doesn’t know it
Is your petition thorough and professional