Rule 691-2-.06 State Charter School Sites and Facilities

  1. Sites and Facilities in General. All state charter schools must ensure a safe and healthy school environment that creates a conducive learning environment and protects the well-being of students and employees.  Each state charter school must comply with all applicable laws, rules, regulations, and provisions of its charter contract relating to the school’s site and facilities or any material modifications thereto.

  2. Site and Facility Approval. All state charter schools must obtain a site code, facility code, and school code the Georgia Department of Education (GaDOE) prior to utilizing any site or facility for serving students. Each state charter school is responsible for adhering to the process or procedures outlined by GaDOE for the issuance of site codes, facility codes, and school codes.

  3. Required Documents.

    1. Any state charter school that utilizes a facility it does not own shall execute a written lease or rental agreement with the appropriate party to use the facility as a charter school.  State charter schools must submit the final draft lease or rental agreement to the SCSC Executive Director prior to executing any lease or rental agreement.  State charter schools must submit any amendment to a lease or rental agreement to the SCSC Executive Director prior to executing the amendment.

    2. Any state charter school that purchases a facility using proceeds from a loan, bond, or other form of debt shall submit the loan, bond, or other financing agreement to the SCSC Executive Director for review thirty (30) days before closing on the facility’s purchase.

    3. Any state charter school that intends to use, lease, occupy, purchase, remodel, or renovate a site, building, or facility through an arrangement with an Education Service Provider (ESP) shall enter a written agreement for such use, lease, occupancy, purchase, remodel, or renovation. State charter schools shall submit a final draft of the written agreement required by this subsection to the SCSC Executive Director and receive prior written approval before executing the agreement. 

    4. Each state charter school shall obtain and display a Certificate of Occupancy for its facility prior to occupancy.  Each state charter school shall maintain a valid Certificate of Occupancy throughout its entire charter term.  

    5. Each state charter school shall prepare a safety plan in accordance with O.C.G.A. § 20-2-1185 and must submit such plan to the local emergency management agency that oversees the area in which the school is located no later than July 1 each year of its charter term.

    6. Each state charter school shall secure adequate insurance coverage prior to occupancy and maintain adequate coverage throughout the charter term.  

  4. Changing Facilities. A state charter school shall not change facilities without prior written approval from the SCSC Executive Director.

    1. To change facilities means to change the physical location of a charter school building, facility, or site.

    2. A majority vote of the state charter school governing board is required to authorize negotiations to purchase, dispose of, or lease property.

    3. A state charter school shall notify the SCSC no later than twenty-four (24) hours after a vote pursuant to (4)(b) occurs.

    4. A charter school shall not begin negotiations to change facilities less than ten (10) months prior to the beginning of a new school year, except as expressly authorized in writing by the SCSC Executive Director.

    5. A state charter school changing facilities shall adhere to all applicable provisions of this Rule and all SCSC facility requirements.

  5. Adding or Expanding Facilities.  A state charter school shall not add or expand facilities during the term of its charter contract without prior written approval from the SCSC Executive Director. The addition or expansion of facilities must be consistent with the SCSC's rules, guidance, and policies regarding school expansion and replication. A state charter school adding or expanding facilities during the charter term shall adhere to all applicable provisions of this Rule and SCSC facility requirements. State charter schools utilizing multiple sites or facilities must comply with all open enrollment requirements described in O.C.G.A. § 20-2-2066 and SCSC Rule 691-2-.05.

  6. Safety and Security. Each state charter school must take reasonable steps to ensure the safety and security of students, employees, and visitors, including but not limited to, ensuring the facility is clean and in good repair; remediating any visible safety concerns in a timely manner; and taking steps to protect the campus from potential intrusion.

  7. Asbestos Remediation. All state charter schools must comply with the Asbestos Hazard Emergency Response Act (AHERA) and the terms of any applicable asbestos remediation plan.

  8. Onsite Inspection. Each state charter school shall allow the SCSC and its staff to conduct onsite inspections of any and all facilities or property either owned or utilized by the charter school.  The SCSC or its staff may conduct such onsite inspections without prior notification to the charter school.  

  9. Compliance. Failure to comply with the requirements of this Rule may result in one or more of the following:

    1. additional oversight by the SCSC;

    2. point deductions on the SCSC Comprehensive Performance Framework (CPF); 

    3. probation; 

    4. suspension; or,

    5. recommendation for termination.
       

Authority: O.C.G.A. §§ 20-2-2083; 2091.