Rule 691-2-.10 Suspension and Probation

1. Pre-Opening Suspension

   1. The governing board of any non-profit organization approved to operate a start-up, replication, or transfer state charter school must demonstrate that the state charter school is adequately prepared to begin operations by meeting the State Charter Schools Commission's (SCSC) pre-opening requirements and demonstrating the state charter school's ability to meet the obligations of the charter contract.
   2. To demonstrate that the state charter school is adequately prepared to begin operations, the state charter school must meet all SCSC pre-opening requirements in the form and manner prescribed by the SCSC and must demonstrate its compliance with applicable laws; rules of the State Board of Education; rules, and policies of the SCSC; and the charter contract. The SCSC Executive Director shall have the sole discretion to determine whether a state charter school has demonstrated adequate preparation for operations.
   3. If the SCSC Executive Director determines that a state charter school has failed to demonstrate adequate preparation to begin operations, the Executive Director may suspend the state charter school's opening until the SCSC Executive Director determines that the state charter school has demonstrated adequate preparation to begin operations.
   4.  Any pre-opening suspension imposed pursuant to this rule shall not result in the automatic extension of the charter term. 

2. Suspension 

   1. In cases where the physical and/or mental health, safety, or welfare of students or staff of a state charter school is in danger or the SCSC has reasonable suspicion of fraud, waste, or abuse of state charter school funds, the SCSC may, through a regular or called meeting, suspend the operations of the state charter school.

      1. If the SCSC suspends the operations of a state charter school, the state charter school shall not enroll new students or continue to implement its education program, or otherwise provide instruction to enrolled students. The state charter school shall not receive state funding allocations for the period of suspension. The state charter school shall not enter any new contractual agreements without prior written consent from the SCSC Executive Director. The state charter school shall be prohibited from continuing all but essential functions for the period of suspension.

      2. Essential functions include oversight of pre-existing contractual obligations, ensuring the protection of school records, funds, property and equipment, transfer of records to other schools, school districts, or educational providers, and other activities deemed essential by SCSC staff.

   2. If operations are suspended, the state charter school shall be required to provide documents and information to the SCSC in the form and at the time required by the SCSC relevant to school operations, finance, and academics through the period of suspension and until the end of the suspension period or until such time that the charter contract is terminated pursuant to procedures in 691-2-.04(3).

   3. Nothing in this subsection shall prohibit a state charter school placed on suspension from requesting that the SCSC terminate its charter pursuant to SCSC rule 691-2-.04(4). Such request shall be made in writing to the SCSC. The SCSC shall act upon the request for termination without conducting a hearing.

3. Placing a Charter on Probationary Status
   1. The SCSC Executive Director may place a state charter school on probationary status if there is reason to believe that any of the following has occurred or is imminent:
      1. failure to timely remedy noncompliance with any material term of the charter after written notice from the SCSC, including but not limited to, the performance goals set forth in the charter;
      2. repeated failure to adhere to the rules, policies, and guidelines adopted or established by the SCSC;
      3. repeated failure to meet generally accepted government accounting (GAAP) standards;
      4. repeated violations of applicable federal, state, or local laws or court orders;
      5. the existence of substantial evidence that the continued operation of the state charter school could be contrary to the best interest of the students or the community;
      6. the governing board has demonstrated an inability to provide effective leadership or otherwise oversee the state charter school's operation;
      7. failure to disclose material information regarding violations or potential violations of any material term of the charter or applicable federal, state, or local laws or court orders;
      8. failure to disclose to the SCSC the conditions that place the physical health, safety, or welfare of students or staff of the state charter school at risk;
      9. repeated failure to disclose to the SCSC circumstances that may impair or prevent the state charter school from implementing the education program required by the charter;
      10. failure to meet the academic, financial, or operational standards in the SCSC's Comprehensive Performance Framework (CPF) for two consecutive years;
      11. for schools serving students in grades 9 through 12, failure to maintain accreditation and meet the requirements to be an eligible high school as defined in O.C.G.A. § 20-3-519(6)(A) prior to any student's high school graduation from the state charter school; and,
      12. any other reason that would lead to the eventual termination or non-renewal of the charter if not resolved.
   2. If a state charter school is placed on probation, the following shall apply:
      1. the SCSC shall provide written notice to the state charter school of the reasons for such placement and the duration of probation, not later than five (5) days after the placement;
      2. no later than thirty (30) days after the date of such placement, the state charter school shall file with the SCSC a corrective action plan that addresses the reasons outlined for the probation and a timeline for remedying those issues;
      3. the SCSC may approve the corrective action plan as submitted, require specific corrective action, or impose additional terms of probation on the state charter school that it deems necessary;
      4. the state charter school shall implement the corrective action plan and complete any required corrective or other actions that the SCSC requires;
      5. during the term of probation, the SCSC may require the state charter school to file interim reports concerning any matter deemed relevant to the probationary status of the state charter school, non-renewal of the charter, or termination of the charter, including inventory and financial reports or statements; and,
      6. the SCSC may amend the probation length based on its review of the interim reports or corrective actions.
   3. The state charter school may be removed from probation upon fulfilling the terms of its corrective action plan and upon the SCSC's determination that the conditions which precipitated the probation no longer exist and that no new conditions necessitate probationary status.
   4. Failure to implement the corrective action plan within the required time, to produce interim reports in the form and at the time required by the SCSC, or to remediate the conditions that precipitated the probation may result in a recommendation that the SCSC initiate charter termination proceedings consistent with the provisions of SCSC Rule 691-2-.04(3) or a notice to the state charter school of the SCSC's intent not to renew the charter.
   5. If the SCSC notifies the state charter school that it will not renew the charter during the probationary period, the state charter school shall be required to provide documents and information to the SCSC in the form and at the time required by the SCSC relevant to the school's operations, finance, and academics. The SCSC may require the state charter school to communicate specific information to its stakeholders. If the SCSC requires the state charter school to communicate specific information to its stakeholders, the state charter school must do so in the form and at the time required by the SCSC.
   6. The SCSC may consider a state charter school's probationary status at any time, including but not limited to charter renewal or termination, when reviewing a request to expand, add grades, or replicate, or when returning surplus funds from the SCSC's authorized administrative withhold to state charter schools.

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