§ 20-2-2065 - Waiver of provisions of this title; requirements for operating; control and management
               	 		
O.C.G.A.    20-2-2065   (2010)
   20-2-2065.    Waiver of provisions of this title; requirements for operating; control and management 
      (a)  Except  as provided in this article or in a charter, a charter school, or for  charter systems, each school within the system, shall not be subject to  the provisions of this title or any state or local rule, regulation,  policy, or procedure relating to schools within an applicable school  system regardless of whether such rule, regulation, policy, or procedure  is established by the local board, the state board, or the Department  of Education; provided, however, that the state board may establish  rules, regulations, policies, or procedures consistent with this article  relating to charter schools. A waiver granted pursuant to this Code  section for a charter system shall apply to each system charter school  within the system. In exchange for such a waiver, the charter school  agrees to meet or exceed the performance based goals included in the  charter and approved by the local board or, for the charter system, the  system agrees to meet or exceed the system-wide performance based goals  included in the charter and approved by the state board, including but  not limited to raising student achievement. For a charter system, the  charter shall delineate the performance based goals that the system and  each school will be expected to meet as well as the criteria by which a  system charter may be revoked in addition to those contained in Code  Section 20-2-2068.
(b)  In determining  whether to approve a charter petition or renew an existing charter, the  local board and state board shall ensure that a charter school, or for  charter systems, each school within the system, shall be:
      (1)  A  public, nonsectarian, nonreligious, nonprofit school that is not home  based, provided that a charter school's nonprofit status shall not  prevent the school from contracting for the services of a for profit  entity and that nothing in this Code section shall preclude the use of  computer and Internet based instruction for students in a virtual or  remote setting;
      (2)  Subject to the  control and management of the local board of the local school system in  which the charter school is located, as provided in the charter and in a  manner consistent with the Constitution, if a local charter school;
      (3)  Subject  to the supervision of the state board, as provided in the charter and  in a manner consistent with the Constitution, if a state chartered  special school;
      (4)  Organized and  operated as a nonprofit corporation under the laws of this state;  provided, however, that this paragraph shall not apply to any charter  petitioner that is a local school, local school system, or state or  local public entity;
      (5)  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;
      (6)  Subject to all laws relating to unlawful conduct in or near a public school;
      (7)  Subject  to an annual financial audit conducted by the state auditor or, if  specified in the charter, by an independent certified public accountant  licensed in this state;
      (8)  Subject to  the provisions of Part 3 of Article 2 of Chapter 14 of this title, and  such provisions shall apply with respect to charter schools whose  charters are granted or renewed on or after July 1, 2000;
      (9)  Subject  to all reporting requirements of Code Section 20-2-160, subsection (e)  of Code Section 20-2-161, Code Section 20-2-320, and Code Section  20-2-740;
      (10)  Subject to 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;
      (11)  Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection; and
      (12)  Subject to the provisions of Code Section 20-2-211.1 relating to fingerprint and criminal background checks.