§ 20-2-82 — Contract terms for local school systems requesting flexibility

(a) The local board of education and the department shall enter into negotiations on the appropriate terms of the contract, including the accountability, flexibility, and consequences components of the contract in accordance with Code Section 20-2-84 , in consultation with the Office of Student Achievement. The accountability, flexibility, and consequences components may vary between schools and clusters. (b) The flexibility requested by a local school system pursuant to subsection (b) of Code Section 20-2-84 shall result in consequences in accordance with subsection (c) of Code Section 20-2-84 and Code Section 20-2-84.1 for noncompliance with the accountability requirements established pursuant to subsection (a) of Code Section 20-2-84 . (c) The department, in consultation with the Office of Student Achievement, shall make a recommendation to the state board on whether the proposed terms of the contract should be approved by the state board. Such proposed terms of the contract shall require that a local school system has not been designated as a high-risk local school system by the Department of Audits and Accounts pursuant to Code Section 20-2-67 , or if it has been designated as a high-risk local school system, the contract shall require that the local school system has a written corrective action plan in place and that local school system board members and appropriate personnel participate in required training to address the deficiencies. (d) (1) The state board shall have the authority to approve or deny approval of the proposed terms of the contract but shall give all due consideration to the recommendation and input from the Office of Student Achievement. (2) In the event that the state board denies approval of the proposed terms of the contract, the local board of education shall work with the department, in consultation with the Office of Student Achievement, for further revisions and resubmission to the state board. (e) The state board shall be authorized to approve a waiver or variance request of specifically identified state rules, regulations, policies, and procedures or provisions of this chapter upon the inclusion of such request in the local school system's proposed contract and in accordance with subsection (b) of Code Section 20-2-84 . The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any 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; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; the early intervention program provided for in Code Section 20-2-153 ; any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; the requirements of Code Section 20-2-210 ; the requirements of Code Section 20-2-211.1 ; or the requirements in subsection (c) of Code Section 20-2-327 . A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133 , and shall remain open to enrollment in the same manner as before the waiver request.

Legislative History

Amended by 2020 Ga. Laws 389,§ 1-6, eff. 7/1/2021. Amended by 2021 Ga. Laws 158,§ 1, eff. 7/1/2021. Amended by 2015 Ga. Laws 241,§ 2, eff. 7/1/2015. Amended by 2011 Ga. Laws 226,§ 2, eff. 5/13/2011. Amended by 2010 Ga. Laws 408,§ 1C, eff. 7/1/2010. Added by 2008 Ga. Laws 394,§ 1, eff. 4/9/2008.