RATIONALE/OBJECTIVE:

The Charter Schools Act of 1998, and as amended in 2005, permits a local school system to utilize the flexibility of a performance based contract called a charter in order to increase student achievement through academic and organizational innovation. Petitions for charter schools within the Cobb County School District (District) must be approved by the Cobb County Board of Education (Board) and the State Board of Education.

RULE:

A. PETITION PROCESS:
    The District accepts charter school petitions that focus on performance-based student
    achievement. The charter petition must meet provisions of Chapter 2 of Title 20 of the
    Official Code of Georgia Annotated (O.C.G.A.), state and local Rules, regulations policies
    and procedures except for waivers that may be granted pursuant to State Board of
    Education Rule 160-4-9-.04(5)2(ii). The charter petition must demonstrate the
    curriculum, instruction, and accountability programs combine to create an innovative,
    unique opportunity for student learning which does not duplicate existing District
    programs or exist in any District school(s).

    1. Letter of Intent:
       A one page, double-spaced letter of intent is required to introduce the school’s vision,
       mission, grade levels, anticipated number of students, originality or inventiveness to
       improve student academic achievement and behavior as prerequisite to the submittal
       of petition. This letter of intent for start-up petitions shall be submitted to the Director
       of Alternative Education no later than February 1 to be considered for a May 1^st petition
       due date and conversion petition letter of intent shall be mailed no later than February
       1^st in order to qualify for the petition due date.
    2. Charter Petition:
        a. Submission:
            A charter school petition shall be submitted to the Director of Alternative
            Education Programs (Director).
        b. Review Committee:
            (1) A Charter School Review Committee (Committee), approved by the
                 Superintendent or designee, shall conduct the initial examination of each
                 charter petition. In this initial review, the Committee shall determine:
                 (a) If the petition complies with applicable law, state and local board policy,
                      District Rules and procedures; and
                 (b) If the petition demonstrates the curriculum, instruction, and accountability
                      programs combine to create an innovative, unique opportunity for student
                      learning which does not duplicate existing District programs or exist in any
                      District school(s).
             (2) Upon the completion of the initial review, the Committee shall either:
                  (a) Submit the petition to the Director to continue the process of review and
                       recommendations; or 
                  (b) Return the petition to the petitioner with an indication of its deficiencies
                       and procedures for re-submission. Should the petitioner elect not to
                       resubmit the petition, the Committee will submit the petition with existing
                       deficiencies to the Director to continue the process of review and
                       recommendations.
        c. Director of Alternative Education Programs:
            The Director shall:
            (1) Assure that all required components, as listed in Form IHBHD-1 (Charter
                  Petition Rubric), are included in the petition;
            (2) Request members of the Executive Cabinet or heads of any
                  departments/divisions that would be impacted if the petition is approved rate
                  the petition utilizing Form IHBHD-1 (Charter Petition Rubric);
            (3) Submit the petition to the Board’s attorney for review; and
            (4) Prepare Board of Education agenda items as necessary.
        d. Superintendent:
            Based upon the findings of the Committee, the Superintendent shall make a
            recommendation to the Board.
        e. Board of Education:
            The Board by a majority vote shall approve or deny the petition no later than sixty
            (60) calendar days from the date the petition was submitted to the Director of
            Alternative Education Programs unless the petitioner requests an extension. If the  
            Board denies the petition, it must within sixty (60) calendar days specifically state:
            (1) The reason for the denial;
            (2) List all deficiencies with respect to the requirements of the Charter Schools
                 Act, State Board of Education Rule, and this policy; and
            (3) Provide a written statement of the denial to the charter petitioner and the
                 State Board.
            A denial of the petition by the Board shall not preclude the submission to the Board
            of a revised petition that addresses deficiencies cited in the denial.
       f. Timelines:
           (1) Start-up Charters:
                 Start-up charter school petitions must be received by the Director of
                 Alternative Education Programs prior to May 1, fourteen months in advance of
                 the fiscal year for which approval is being sought. For instance, if approval is
                 sought for 2008-2009, the start-up petition must be received prior to May 1,
                 2007.
           (2) Conversion and Renewal Charters: 
                 Renewal and conversion charter school petitions seeking approval for the
                 succeeding fiscal year must be received by the Director of Alternative
                 Education Programs prior to August 1. For instance, if approval is sought for
                 2008-2009, the renewal or conversion petition must be received prior to
                 August 1, 2007.
           (3) Late Petitions:
                 Any petition submitted after the above due dates will be considered for the
                 fiscal year subsequent to the year proposed in the charter application.
 

B. PETITION REQUIREMENTS:
All charter school petitions submitted to the Director of Alternative Education Programs must include Form IHBHD-1 (Charter School Petition Review) to be considered. The petition itself must include the following elements required by the Charter Schools Act and State Board of Education Rule:
    1. Designate the performance to be improved and how it will be improved through the
        waiver, in whole or in part, of specifically identified state and local rules, regulations,
        policies, procedures, or provisions of Title 20 of the Official Code of Georgia, other
        than the provisions of the Charter Schools Act of 1998;
    2. Describe how the charter school will measure the improvement in such performance
        and over what period of time, provided that such requirement shall not waive the
        accountability provisions of O.C.G.A. § 20-14-30 through § 20-14-41;
    3. Demonstrate how any such waiver does not undermine and is consistent with the
        intent of the waived state and local rules, regulations, policies, and procedures, or the
        provisions of Title 20 of the Official Code of Georgia;
    4. Describe the school’s mission, the students to be served, including students with
        special needs and disabilities, and the ages and grades to be included. For students
        with disabilities, describe how the charter school will provide state and federally
        mandated services;
    5. Address the focus of the curriculum, the instructional methods to be used, and any
        distinctive or unique instructional techniques or educational programs to be
        employed;
    6. State whether the charter school will utilize a local school council, as provided for in
        O.C.G.A. § 20-2-85, or another similar board, which shall be subject to the provisions
        of O.C.G.A. § 50-14-1, et seq. (Open and Public Meetings) and O.C.G.A. § 50-18-70,
        et seq. (Inspection of Public Records). If the charter school elects to utilize a board
        other than a local school council as provided for in O.C.G.A. § 20-2-85, the petition
        shall state its role, function, composition, and how and when members should be
        selected;
    7. Describe the proposed staff qualifications, employee recruitment procedures, hiring
        practices, compensation, and employee evaluation procedures. If the petition
        proposes that students will be taught by individuals other than those certified by the
        Georgia Professional Standards Commission, the petition shall so stated and shall
        generally describe the qualifications of such personnel;
    8. Describe financial policies and procedures proposed that are to be followed by the
        charter school to assure sound fiscal management and by the local board or state
        board to assure a predictable flow of funds to the charter school. Petitioner’s plan
        shall include a financial plan for the first fiscal year and a budget for the full term of
        the proposed charter. The financial plan shall include:
        a. An estimate of all public and private dollars available per student;
        b. Itemized list of working capital and assets, including cash, bonds and real estate;
        c. A monthly cash flow projection detailing revenues and expenditures; and
        d. All potential sources of funding that petitioner is actively pursuing;
    9. Specify the proposed duration of the charter;
    10. Specify the proposed attendance zone for the school and address rules and

         procedures concerning admission of students.
    11. Address rules and procedures concerning student discipline and dismissal, including
          the school’s code of conduct;
    12. Identify the manner in which the school will be insured, the terms and conditions
         thereof, and the amounts of coverage;
    13. Describe the facilities to be used and their location. The petition must include
         documentation of ownership or lease of the facility and certification that the building
         is in compliance with all building code standards and regulations and fire, safety,
         environmental and accessibility requirements. If the facilities have not been obtained
         or the documentation is not available at the time the petition is submitted, petitioner
         shall provide a timeline for obtaining such facilities or providing such documentation;
    14. Describe the manner in which annual financial audits will be conducted;
    15. Provide that all personnel employed by the charter school shall be fingerprinted and
         have a criminal record check prior to employment;
    16. Address whether transportation will be provided and, if so, provide a brief
         description of the transportation program for the charter school;
    17. Address whether food service will be provided and, if so, provide a brief description
         of the charter school’s proposed food service program;
    18. Specify that the charter school shall provide an annual report to parents or guardians
         of students attending the charter school, the local board, and the state board. The
         charter school shall make available to the community copies of the annual report.
         The annual report must indicate the progress made in the previous year in meeting
         the performance-based goals identified in the charter and include all state-mandated
         assessment scores and state-mandated accountability indicators.
    19. For start-up charter schools:
         a. Describe how parents, members of the community and other interested parties
             were directly and substantially involved in developing the petition;
         b. Describe how parents, members of the community and other interested parties
             will be involved in the school;
         c. Specify that the charter school will be organized and operated as a nonprofit
             corporation under the laws of Georgia and attach a copy of the Articles of
             Incorporation of the nonprofit corporation, a list of the current board members of
             the nonprofit corporation, and provide the name of a primary contact for the
             petitioner;
         d. If the nonprofit corporation intends to contract or has contracted for the
             services of a for-profit entity, the petition shall so state and petitioner shall
             attach a copy of the contract to the petition. If a contract has not been entered
             into at the time the petition is submitted, petitioner shall include a timeline for
             providing such documentation.
    20. For conversion charter schools:
         a. Describe how parents or guardians of students enrolled in the school, as well as
             the faculty, instructional staff, and the broader community, were and will be

             directly and substantially involved in developing the petition;
         b. Describe how parents or guardians of students enrolled in the school, as well as
             the faculty, instructional staff, and the broader community will be involved in the
             school.
    21. Provide for the charter school to be subject to the control and management of the
          Cobb County Board of Education, as provided in the charter and in a manner
          consistent with the Charter Schools Act of 1998 and the Constitution.
    22. For any charter high school, specify the credits or units to be earned and what
          completion credential will be awarded.
    23. The following Cobb County School District Criteria shall be Met:
          The petition must include the following elements required by the District:
         a. Evidence that the proposed charter school curriculum, assessments, and design
             for learning meet or exceed District and state standards.
         b. The proposed performance-based criteria that will be used during the term of the
              charter to measure the progress of the charter school.
              (1) The petition must specifically identify:
                   (a) The tests to be used,
                   (b) The grades to be tested,
                   (c) How often each test will be administered,
                   (d) How the test results will be reported to the District,
                   (e) The baseline data which will be used to demonstrate that student
                        performance has improved, and
                   (f) The benchmarks and timelines that indicate performance goals to be
                        achieved in specific increments of time.
              (2) The charter school assessment program must, at a minimum, include the
                    standardized tests used by the District.
              (3) Results must be submitted to the District at the end of the school year.
              (4) Evidence must be presented that the proposed charter school academic
                   criteria meet or exceed the standards, expectations, and performance set by
                   the District.
         c. Stipulate that the charter school will obtain accreditation by the Southern
             Association of Colleges and Schools (SACS) in accordance with the following
             schedule and reporting requirements:
             (1) The charter school must make initial contact with SACS no later than October 1
                   if its first year of operation;
             (2) The charter schools must submit monthly reports to the District’s Director of
                  Alternative Education documenting steps taken and progress made towards
                  achieving SACS accreditation.
             (3) The charter school shall obtain SACS accreditation no later than the end of its
                  second year of operation.
         d. Evidence that the proposed charter school program cited in the petition could not
             be achieved through application of the Cobb County School District’s educational
             program.
         e. Evidence that the faculty and instructional staff employed in the charter school, at
             a minimum, hold an appropriate current professional certificate issued by the
             Georgia Professional Standards Commission. Non-certified personnel shall be
             considered "at will" employees and shall not be contracted for specific periods of
             time.
         f. A description of the following practices: plans for resolving employment-related
             issues, employee grievance and termination procedures.
         g. A budget for the term of the charter, including:
            (1) Projections from the Georgia Department of Education of FTE earnings. The
                 Department of Education for budget and cash-flow purposes may provide
                 potential charter school petitioners estimates of state funds to be available
                 per FTE and the basis for the estimates as well as approximate dates of
                 availability of funds.
            (2) Evidence that the proposed budget is economically sound for the charter school
                 and the District and that the petitioner is creditworthy.
         h. A financial statement to the District that discloses the cost of administration,
             instruction, and other spending categories for the charter school that is
             understandable to the general public and that will allow comparison of such cost to
             other schools or other comparable organizations in a format required by the
             District.
         i. A description of how the charter school facility will be funded, and maintained.
            Additionally:
            (1) Charter school housing for students and staff shall comply with all
                 building code standards and regulations adopted by the city and/or county
                 agencies responsible for building safety standards of the city and/or county in
                 which the charter school is located.
            (2) Before the school may begin operation, the District must be provided with
                 documentation of ownership or lease of the facility and certification that the
                 building satisfies all requirements for fire, safety, and accessibility for the
                 disabled.
         j. A description of the type of liability, workers’ compensation, motor vehicle and
            property insurance to be purchased by the charter school.
         k. A provision for appropriate bonding of the governing board and administrators.
         l. Acknowledgement that the insurance and bonding will be obtained and in full
            force and effect at all times during the term of the charter.
         m. A description of the student transportation system and the insurance to be
            purchased in compliance with O.C.G.A. § 20-2-1090. Legal requirements for
            vehicles and drivers shall be met by the charter school petition.
         n. The ways in which the charter school will meet state and federal requirements for
             student immunization, emergency preparedness plans, food inspections, hazardous
             chemicals, and other health and safety issues.
         o. A description of how the charter school shall comply with the constitutional rights
             of students including, but not limited to, due process, prohibition against
             unreasonable searches and seizures, and First Amendment guarantees of freedom
             of speech and religion.
         p. Specification that the charter school is solely responsible for all debts it incurs and
             will acknowledge that it shall not contractually bind the District with any third
             party.
         q. The charter school’s plan for providing services to limited English-proficient
             students, if any.
         r. An indemnification and hold-harmless statement in which the petitioner states
             that it will indemnify and hold harmless the Cobb County Board of Education, the
             Cobb County School District, and any officer or employee for liability for any action
             or inaction on the part of the charter school.
         s. A statement of who will be responsible for winding up the business and affairs of
            the charter school should the charter school cease operation for any reason,
            including non-renewal or termination.
         t. Acknowledgement that the charter school personnel will cooperate fully in the
            winding up of the affairs of the school.

C. FUNDING:
    A charter school that is approved by the Cobb County Board of Education and the State
    Board of Education shall be included in the allotment of funds to the Cobb County School
    District. The following guidelines shall be followed:
    1. The District and the State Board shall treat the charter school no less favorably than
        other District schools with respect to the provisions of funds for instructional and
        administrative programs.
    2. The charter school shall:
        a. Receive local funds according to the formula set out in the Charter Schools Act.
        b. Be eligible for federal funds on the same basis as other schools in the District.
        c. Not charge tuition.
    3. The District will provide no "up-front money" of any kind to charter school petitioners.
    4. Charter school petitioners requesting fiscal autonomy will receive their fair share
        of state and local funds as earned on a pro-rata basis (elementary, middle, or high).
        Funds will be prorated to the charter school just as the state prorates revenues to the
        District.
    5. The charter school is subject to audit by the District’s Internal Audit Services.
    6. A charter may be revoked or not renewed by the Board of Education if the Board
       determines that the charter school failed to meet generally accepted standards of
       fiscal management as described by the District’s Financial Services Division.

Adopted: 5/25/00
Reclassified an Administrative Rule: 9/1/04
Revised: 4/24/03; 3/23/06; 10/26/06; 3/14/07; 8/8/07; 3/12/08