Analysis of Georgia Charter School Law

AED National Institute for Work and Learning Research Brief

Introduction

In 1991 Minnesota became the first U.S. state to open a charter school, but the idea of charter schools existed long before.  The charter school concept in the U.S. has been attributed to two people—Ray Budde, a former school teacher, and Albert Shanker, a past president of the American Federation for Teachers.[1]  Budde first proposed charter schools as a method of school reform in the 1970s.  In 1998, he published a report, Education by Charter: Restructuring School Districts, to outline his idea.  Budde called for local boards to relinquish control of schools to those who were ultimately responsible for instruction—teachers.  His plan included rigorous academic standards and graduation requirements and applicable training to prepare students for the work place.  High levels of teacher accountability for student performance were required in exchange for autonomy from local boards.  In 1987, Shanker also outlined his ideas in an article, Restructuring Our Schools, after visiting a school in Germany.  The school, in his opinion, had many of the characteristics that American schools needed in order to improve student achievement.  Like Budde, Shanker’s plan also called for autonomy from local boards and more teacher control of instruction, curriculum and organization. Shanker proposed that teams of teachers organize and manage schools in order to use methods that would allow them to meet individual student needs. Parents could voluntarily enroll their children, and local boards would allow the schools to operate for a fixed period as long as parents and teachers approved and the schools showed improved performance.  More than a decade later, 41 states, including the District of Columbia, have enacted charter laws as a method of school reform.  Georgia was one of the earliest states to do so, passing its legislation in 1993. 

This document includes a summary and analysis of the Georgia’s charter school law, explanation of challenges and misconceptions of charter schools, descriptions of supporting organizations in Georgia, and recommendations for those considering starting charter schools.      

Georgia Charter School Statistics (As of June 2004)[2]

• 63 charters have been approved since the 1993 law was enacted
• 36 are still operating (25 start ups, 11 conversions)
• 23 did not renew charters (many of the non-renewals were conversion charters)
•   4 are scheduled to open in the 2004-5 school year
• 13 Georgia counties and Atlanta Public Schools have charter schools

Background

Georgia’s charter law, sponsored by then governor Zell Miller, was passed in 1993 with a vote of 171 to 3.  The law was met with opposition from those who felt the complex application process and the limited autonomy afforded charters would deter many schools from applying. The fear was that the schools most in need of reform would not apply as charters, and only those schools already doing well would have the resources to apply and operate charters.[3]  The 1993 law was amended in 1995, 1998, 2000, 2002, and 2004 to address issues such as legal waivers, eligibility, funding, and governing requirements.[4]

While some believe the start-up process is too difficult and may discourage many potential charters from applying, others believe the process should be difficult in order to “weed out” those who are not serious about operating a quality program that will improve performance.[5]

“Choice, Accountability and Autonomy” are three recurring themes of the charter school movement, and advocates often refer to “school choice” as a primary purpose for charter schools.  But, according to one source, Georgia’s charter school law “ignores the common argument for charter schools for the purpose of establishing school choice and competition”.[6]  The focus of the Georgia law seems to be school improvement rather than competition and choice.  According to Georgia’s Charter Schools Act of 1998, the intent of the law is to provide a means for schools to implement a performance-based contract in the place of specified state and local rules, regulations, policies, procedures.[7]  In other words, charter schools enter a contract to improve school and student performance in exchange for waivers from certain state and local education regulations that may otherwise make it difficult to implement programs and practices that will improve performance.  For example, several existing Georgia public schools applied for charters in order to receive waivers from a few regulations and additional funding to implement new programs at their schools.  Many of these schools were already doing well in areas such as test scores, but felt they needed new programs to reach all students, particularly those with identified special needs. 

Georgia’s original charter law only allowed for conversion charters, but this was amended in 1998 to allow private and individual organizations to start charters.  While the earlier years of Georgia’s charter school law did not allow start-ups, start-up charters now make up the majority of Georgia’s charter schools, as many of the conversion schools chose not to renew their charters at the end of the initial term. 

One of the most common criticisms of Georgia’s charter law is that it is restrictive and does not give schools enough autonomy.  According to the Center for Education Reform’s ranking of states’ charter school laws, Georgia ranks 26 out of 41 states.  While Georgia was rated high for not limiting the number of charter schools and allowing for new charters, it lags far behind other states of similar size in the number of existing charter schools.  In addition, the Georgia law is highly criticized for not allowing automatic waivers of education laws, for limiting legal, financial and operational autonomy, for not guaranteeing full per-pupil funding, and for its lack of multiple chartering authorities.[8]  These weaknesses are believed to undermine the purpose of charter schools and limit the schools’ ability to use innovative practices without having to follow the rigid requirements set by state and local districts. 

Other Georgia organizations have communicated goals and recommendations for charter schools.  The Georgia School Boards Association (GSBA) supports charter schools provided they are formed with approval of the local board and are dependent on the local board for funding and renewal.  GSBA also supports strong accountability systems established by local boards.[9]  Based on these beliefs, it appears that GSBA supports the current law.  Another organization, the Georgia Association of Educators (GAE) believes that charter schools should “empower teachers and communities” and “supports charter schools as a way to develop school/community partnerships in order to meet needs of a community”.[10]   GAE also calls for a balance of local board control and autonomy so as not to impede a school’s ability to implement innovative curriculum.

Despite criticism of the Georgia charter law, there are some indications that charter schools are successful.  According to a Georgia Department of Education status report, charter schools have outperformed traditional public schools on state standardized tests as well as on the Scholastic Achievement Test (SAT) and report lower drop out rates than traditional public schools.[11]  It should be noted, however, that comparisons between the conversion schools and traditional public schools were not made using pre-charter data. 

While the goal of many conversion charters is to improve a specific area of student achievement, many start-up charters were created to serve a specific community need or provide learning programs based on themes such as technology or the arts.  For example, Central Education Center in Coweta County provides career and technical education through a dual enrollment program.  Students in this program earn both high school credit and college credit towards a certificate in a specific technical area.  The program was developed because of the local industries’ needs for more skilled workers.[12]  Another example is the International Community School.  The school’s mission is to provide a range of educational programs, including a focus on international themes, to local immigrant and refugee children as well as other children residing in the community.[13]  Both programs have a specific focus and were created to meet specific needs of the communities they serve.

Although many of these charter schools have experienced success, advocates continue to push for adequate funding, more autonomy from local systems, more user-friendly application and operation procedures, and assistance acquiring and maintaining appropriate facilities.

Summary of the Law[14]

• Eligibility—Georgia’s charter school law allows for an unlimited number of charters.  The original law allowed only existing public schools to apply as conversion charters.  A traditional school’s conversion to a charter requires a majority support of teachers and a majority support of parents present at a meeting called with at least two weeks notice.  During the meeting, parents and teachers vote by secret ballot to determine if the petition for conversion should be submitted.  The results of the vote must be submitted to the local board as a part of the petition to become a charter.  Many schools offer several voting dates to accommodate more parents.  In 1998, the charter law was amended to allow for private individuals and organizations and local education agencies to apply for charters.  (This amendment excludes home school programs, private or religious schools, and web-based schools.)  For-profit organizations can manage or operate charter schools, but cannot apply for a charter. 
• Application Process—Charter applicants submit a petition outlining performance goals; describing curriculum, parent involvement activities, methods of instruction and discipline practices; and explaining operational, financial and accountability procedures.  The application must first be approved by the local board then submitted to the state board for approval.  If a petition is not approved by the local board, the petitioner can seek approval from the state board as a “Special State Charter”.  The initial term for a charter to operate is 3-5 years, depending on the petitioner’s request, unless the petitioner requests a shorter period.  Charters apply for renewal in December of the final year of their charter.
• Enrollment—Charter schools must accept students who live within their districts.  They are not allowed to practice selective admissions based on grades, achievement, etc.  If schools receive more applicants than spaces, the school must conduct a lottery to fill spaces.  Preference can be given to students whose siblings are already enrolled in the school.  Charters can include provisions for accepting students who do not reside in the school’s district but this decision must be made in conjunction with the district in which the student resides.
• Curriculum, Instruction and Assessment—Charters are allowed to develop or adopt an existing curriculum and use various methods of instruction but are still accountable for Georgia state standards, Quality Core Curriculum.  In addition, charter schools can create their own school schedules and implement new programs that may not be offered in the non-charter schools.  Charters may have to seek waivers from certain regulations in order to implement these practices.  Charters are required to administer the standardized test administered by the State; however they have the option of using additional tests to assess student achievement. 
• Accountability—Charter schools are accountable to their local boards, or in the case of special state charters, to the state board of education.  The charter itself serves as a document for which the charter school will be held accountable for its goals.  According to the law, charter schools must provide an annual report of progress to parents, the community and the state and local boards.   The annual report must provide information on the most recent year’s progress toward the performance goals stated in the charter.  Annual reports must also include scores from the state-required assessment and the state mandated accountability indicators.   In addition, all charter schools are required to have annual financial audits conducted by an outside agency and must seek accreditation from an appropriate accrediting agency.
• Services—Individual districts determine whether to provide the charter schools with services such as transportation and meals.  The option is for the schools to find their own service providers and manage the service at the school level. This information is usually written into the charter. 
• Legal Waivers—The 1998 amendment to the charter law gave charter schools a blanket exemption of state and local board educational policies and rules.  A 2000 amendment removed this provision and required schools to include in their charter requests for waivers of the specific rules and policies.  In the request for waivers, the charter petition must explain how the waivers will improve performance.  As per a 2004 amendment to the Georgia Charter Schools Act, charters are exempted from certain articles of chapter 2 of Title 20, the Education section of Georgia’s code.  Under this amendment, charters receive automatic exemption from the following sections of the Official Code of Georgia: State and Local Boards of Education; State and Local School Superintendents; Community Involvement in Education; Additional State Aid; Consolidation of Independent and County School Systems; Local Public School Finances; Contracts and Purchases by Public Schools; Public School Property and Facilities; Education Grants; Education Partnership Act; and School Buses.  Petitioners should refer to the Official Georgia Code for more specific explanations of these articles.  The Georgia Public Policy Foundation’s website (www.gppf.org) offers a waiver checklist for both state and local education rules as a guide for charter petitioners.   Charter schools cannot seek waivers from local, state or federal health, safety and civil rights laws, nor are they exempt from federal special education laws.
• Governing Boards—Charters are required to have a governing board that includes parents.  In the original charter law, the majority of board members had to be parents, but this requirement was eliminated in a later amendment.  The governing board is responsible for carrying out the charter.
• Termination of Charter—The state can terminate a charter upon the request of the local board for any of the following: failing to follow state, local or federal laws; use of unacceptable fiscal management standards; failure to meet the terms of the charter or carry out the plans of the charter.  In such cases the board is required to inform the charter school’s governing board and provide the opportunity for a hearing.  In addition, the local education agency can terminate a charter if the majority of parents or teachers vote to do so. 
• Facilities—Conversion schools maintain the building in which they are housed; start up schools secure facilities on their own and must either include a description of the facilities or provide a timeline for securing facilities in the charter petition.  In 2004, an amendment was added to the law directing the state board to create a facilities fund for charter schools.  This fund will provide aid in leasing, purchasing, renovating or constructing facilities or to purchase transportation vehicles.  Funds for this program would be made available on a per-pupil need basis.  The State Department of Education is working with the Georgia Charter School Association (GCSA) to establish the fund for these capital projects.  The Georgia Department of Education is currently preparing guidelines for application and administration processes, in anticipation of the program, which may be in place by 2005.  More specific information about the fund is not available.    
• Funding[15]—Funding has been a source of confusion for many charter schools.  According to The Georgia Charter Schools Act of 1998, charter schools are included in the local school systems allotment of funds.  The local school systems provide funding for instruction and administration, but have discretion in other areas such as facilities, meals and transportation.  The law requires that the local boards treat charters with the same consideration as traditional public schools when considering funding.  Georgia uses Quality Basic Education formula, which factors grade level, cost to educate, special needs, and number of students to determine school-level funding.  This formula is also used to determine charter school funding, but in many cases, a percentage of funds allotted to a charter school are withheld by the local system for services provided by the district.  As a result, charters may only receive 30—90% of the funding that traditional schools receive, especially when facility and related costs are considered.[16]  Charters also receive federal funding for special education services and other categorical programs for which the school is eligible and are encouraged to seek additional private funding to supplement their allotment.  All approved charters must apply for 501(c) (3) status,   which gives them tax exempt privileges and enables them to apply for grants and donations for which only non-profits are eligible.[17]

Misconceptions and Challenges of Charter Schools

As more charter schools open nationwide, they face many challenges and must overcome many misconceptions about their organization, purpose and operation.  First, there is often the misconception that charter schools are not public schools.  Although some charter schools are managed and operated by private organizations, charters are publicly funded, tuition-free schools that must practice open admissions.  Charter schools must abide by all federal and many of the same state and local laws as traditional public schools.[18]

Second, many believe that charter schools will draw the best students from the traditional schools and exclude students with special learning needs and minorities.[19]   Again, charter schools must practice open admissions and serve the students residing in their districts without consideration to race, income, religion, or academic achievement.  According to a report by Stanford Research Institute International, “on average more than half of the students in charter schools were members of ethnic minority groups, 12 percent received special education services, and 6 percent were English language learners. In addition, “charter schools often targeted different populations of students than they actually attracted.”[20]  Even if a charter school promotes itself as a college prep school, they cannot deny admission to a student who may not have the grades or characteristics of a typical college prep student.  As public schools, all charter schools must provide services for students with special needs, in accordance with federal law, and charter petitions must include explanations of how the school will serve special needs students.

Another misconception is the belief that charter schools are “special” schools for at-risk students and students with special needs.[21]  While many charter schools do target populations such as learning disabled, second language learners and students at risk of dropping out, by law they must be open to all students residing in their district.  

A fourth misconception is that charter schools will drain financial resources from local school systems, some of which are already struggling fiscally.[22]  In reality, charter schools receive less funding than their traditional school counterparts, particularly when cost for facilities are considered.  When a student leaves a traditional school to enroll in a charter, the funds to educate the student follows him/her to the charter because the local school district is no longer providing educational services for the student.  Despite this fact, many charter schools do not receive their full per pupil allotment from their local districts.  In addition, charter schools can receive federally funded start up funds for costs associated with implementation.  Most charter schools must do additional fundraising and grant writing in order to support new programs and supplement government funding.

In an annual report on Georgia Charter Schools, principals, teachers, and parents discussed the challenges faced by charter schools.[23]   Some of the greatest challenges summarized in the report include the following:

• Funding is the most common problem.  Schools report that they do not receive the full amount of their allotment because districts withhold a percentage of funding to pay for services provided by the district.  In some cases, the charter schools do not even utilize those services.  Charter schools tend to receive less money than the traditional public schools, yet they are expected to do an equal job with less money. 
• Facilities are another major problem for charter schools.  Many start-up charters have trouble securing adequate facilities, and many conversion charters have trouble maintaining their facilities, especially those that are in poor condition.  Securing facilities and the upkeep of facilities can be costly, and start-up charters have difficulty finding appropriate space, especially when schools add grades each year and outgrow the facilities.
• Poor or unclear relationships between charter schools and their local boards is another challenge. Some charter schools complain that the district imposes too many requirements and too much paper work; other schools complain of not receiving adequate services and resources to meet operating and reporting requirements. All of these problems send a message that local districts do not support charters and want to see them fail.  When encountering problems, it is difficult for the schools to challenge the local boards because they are ultimately dependent on them fiscal resources and other services.  This problem is one reason charter school advocates are pushing for states to have multiple chartering authorities in place.  On the other hand, local board administrators often experience frustration when charter operators are unclear about the charter law and/or the guidelines of their own charters. [24]  Often, administrators at the local board must manage tasks that should be handled by the charter school according to its charter due to the schools lack of knowledge or experience. 
• Teacher certification is another challenge for charter schools, especially in areas that experience teacher shortages or for schools that do not offer salaries commensurate with those of the local school system.  Charter school opponents often complain that charters are allowed to hire unqualified (usually meaning uncertified) teachers.  But in some states, even traditional schools employ uncertified or provisionally certified teachers to fill vacant positions.  While some states’ charter laws require that all teachers have certification, others either have no requirements or require only a certain percentage of teachers have certification).  In Georgia, certification requirements are determined in each charter, as the law states that the charter must “provide for matters involving…employment status, certification, and evaluation;”[25]  Schools must, however, comply with the teacher qualification requirements of No Child Left Behind.

Other problems worth noting include: the lengthy process required to apply for a charter, including the individual requests for waivers from state and local education laws; problems with students and parents who are not interested or committed to the school’s mission and program, but who enroll because it is convenient; and teacher turnover in some schools where teachers may not be able to adapt to the new schedule, policies or instructional methods used.[26] 

In a U.S. Department of Education report on the state of charter schools, charter schools reported other challenges experienced during implementation.  These challenges included: lack of planning time, difficulty with staff hiring and certification, teacher burnout, and problems with school management and accountability.[27]  The report did not give more specific details about each of these challenges, but many are common to start-up schools where employees are called upon to handle tasks such as curriculum development, hiring of a full staff, setting up an entire facility, and implementing operational procedures.  Some schools may experience trouble if they do not hire staff with appropriate knowledge and experience to manage the fiscal and academic responsibilities of operating a school.

Supporting Organizations

• Several Georgia organizations provide support for charter schools in the form of technical assistance, resources and advocacy.  The Georgia Charter School Association (GCSA) provides services to charter schools by promoting awareness of charter schools, communicating the needs of charter schools to the state and local boards, coordinating collaborative efforts among charters and with other resources nationwide, and developing programs and resources to help charter schools improve accountability and performance.  In addition to advocating at the state and federal level to improve charter school policies, GCSA is also leading several efforts to address funding and facilities issues.  GCSA is working with the National Cooperative Bank Development Corporation to create low-rate lending programs for charter schools and is talking with the Georgia Trust for Historic Preservation to make historic buildings available for charter school use.  The organization is also working with the Georgia Department of Education to establish and manage the facilities fund program.[28] 

• The Georgia Public Policy Foundation provides various resources for charter schools.  The organization’s website provides information on charter schools, legal waiver checklists to assist charter applicants with this portion of the petition and a guide, The Georgia Charter School Handbook, [29] for organizations interested in planning and operating charter schools. 

• The Georgia Department of Education offers federally funded planning and implementation grants for charter schools and works with the GSCA to provide workshops for those in the conception, application and implementation phases of the charter process.  Charter school petitioners can receive planning grants in the amount of $5,000.  Once approved, they can compete for federally funded implementation grants to pay for start up costs such as books, materials, furniture, etc.  Implementation grants are $200,000 for conversion schools, $400,000 for start-up schools and $600,000 for state special schools[30] (which do not receive local funding).  The department also administers federally funded dissemination grants to charter schools that have operated at least 3 years.  The purpose of the grant is to disseminate information about charter schools and best practices in order to replicate successful models and practices in other schools. The grant is available to charter schools that have demonstrated improved student performance, high levels of parent satisfaction, successful leadership and management during the start-up process and sound fiscal practices and stability.

Recommendations

Despite concerns about charter schools and criticisms of the law, there are still many advantages to becoming a charter school including:

• Opportunity to seek waivers from certain state and local regulations and policies in order to implement new programs and practices.
• Ability to manage funding and resources at the school level.  
• Option to adopt alternative curriculum, develop new and innovative curriculum and instructional methods and/or use additional assessments to measure student progress.
• Opportunity to meet community and student needs through innovative programs and partnerships.
• Power to hire faculty and staff at the school level, include staff and parents in decision making and create staff development programs that meet the needs of the school.

In order to overcome some of the challenges and enjoy these advantages, schools should take advantage of resources provided by supporting organizations, employ sound “business” practices, and understand both the charter law and the school’s charter.  Below is a list of recommendations that could be helpful to those considering the charter school option. 

·        Since the primary goal of school reform is to improve performance, performance goals and the plan for improvement are the most important parts of the charter petition.  Charter schools are accountable for the goals written in the charter, and therefore must have a plan in place to both achieve and measure the goals.  Petitioners should consult experts in the field to develop goals that are clear, feasible and measurable.  Expertise also may be needed to develop implementation plans and evaluate programs and performance.  In addition, petitioners should research best practices and adopt programs with a proven record of success in schools with similar populations.  Charters should also keep in mind that performance is not limited to standardized tests.  Other performance goals common among charters are: improved attendance, parent and student satisfaction, decreased dropout rate, increased parent involvement, percentage of diplomas awarded, number of students accepted to college, etc.[31]  Schools can use a variety of instruments (surveys, portfolios, database printouts, review of records, etc.) to measure performance. 

·        Fiscal management is one of the most scrutinized aspects of a charter school.  In order to be successful in this area, charter schools must hire staff or consultants that not only are well versed in the charter school law but also have strong fiscal management skills.  Since charters are required to provide information on sound fiscal management practices in their charter petition, it also makes sense to consult experts during the planning phases.

• Before planning a charter, potential petitioners should research the needs of the population and community that the school will serve.  Is there a need for a specific program or service?  What other schools or organizations in the area, if any, already address the need and are they successful? How will the charter school program meet those needs?  Is a charter school the most effective way to meet the needs?
• Use resources provided by supporting organizations and currently operating charter schools to write the charter petition.  Much of this information, including sample petitions, examples of mission statements, waiver checklists, can be found on the organizations’ websites.

·        To supplement state and federal funds seek grants, conduct fundraisers, collect admissions fees for special school activities, approach local businesses for in-kind donations and services that would ordinarily be paid for with the schools allotment.

• Develop partnerships with businesses and community organizations that support the mission of the school.  These groups will be useful in providing resources, expertise and services to the school to help reach the goals set in the charter.
• Consider outside contractors that may provide services (such as cleaning, meals, maintenance, etc.) at a cost lower than that which the district charges.  Also, when feasible, collaborate with other charter schools or organizations to share resources (including facilities).  Collaborating with other groups may allow you to negotiate discounts with service providers.
• Charters schools that experience the most success tend to have better relationships with their local systems.  If the relationship between the two entities is unclear or competitive problems and misunderstandings can occur.  First, the charter school should understand the law and the operation process thoroughly.  According to the law, the local board’s primary role is that of fiscal agent, but the local board’s role should be determined and defined in the charter “in a manner consistent with the Constitution”.[32]  Both charter schools and the local board must understand the school’s charter and adhere to the relationship as it is defined in the charter.  It is often difficult for individual schools to handle problems with their local boards because they are ultimately dependent on the board for resources and approval.  Charter schools should take advantage of resources provided by organizations that advocate for charters at the district and state level.

Conclusion

While Georgia’s charter law has been in place for more than a decade, it has undergone several changes.  These amendments have allowed for organizations other than public schools to apply for charters and have provided clarification and changes regarding waivers, accountability and funding.  This is an indication that Georgia is attentive to the voices of charter schools and their advocates, while attempting to ensure that charters are accountable and effective.  Also, it shows that states can learn from the performance and operation of charters during the earlier years in order to improve their charter programs in the future. 

Increased federal support has allowed states to address some of the challenges charter schools face.  Federal funds have allowed states to establish grant programs for facilities and dissemination grants to replicate charter school successes in other schools.  Other efforts and programs established by supporting agencies help guide organizations as they plan and implement charters.  With the growing support at the federal and local levels and improvements in the charter law, the doors of opportunity are open for schools, individuals and private organizations to use charters as a route to school reform.  Given this opportunity, charter schools must begin with a strong plan for improvement, practice sound operational procedures, use effective instructional programs, and implement a thorough accountability plan.  In addition, charter schools must work cooperatively with their local boards and the community to secure appropriate resources and services for their schools.  When all of these elements are in place, it should lead to the intended goal of the Charter Schools Act of 1998—improved performance.  

End Notes