This Charter for Cartersville City Schools ("Charter") is entered into by the Cartersville City Board of Education ("Local Board") and the State Board of Education ("State Board") (collectively referred to as "the parties").

WHEREAS, the Local Board approved the petition proposing to establish a charter system pursuant to O.C.G.A. § 20-2-2060 et seq., the Charter Schools Act of 1998 (“Charter Schools Act”);

WHEREAS, the State Board finds that the petition complies with the provisions of the Charter Schools Act, and the rules, regulations, policies and procedures promulgated in accordance with O.C.G.A. § 20-2-2063 and further finds that the petition is in the public interest and promotes school level governance; and,

WHEREAS, pursuant to O.C.G.A. § 20-2-2063.2, the State Board grants this Charter to permit the Local Board to establish a charter system as defined in O.C.G.A. § 20-2-2062 (“Charter System”) in accordance with the terms and conditions of this Charter. 

NOW THEREFORE, in consideration of the promises, mutual agreements, and covenants contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Charter Term.  The State Board grants this Charter to the Local Board to operate a Charter System for a 5-year term beginning on July 1, 2010, and expiring on June 30, 2015.
2. Responsibility. The Local Board shall ultimately be responsible for all duties to be performed by the Charter System and the schools within the Charter System (“System Charter Schools”) under this Charter.
3. System Charter Schools.  The Charter System shall consist of the following schools: 
   1) Cartersville Primary School
   2) Cartersville Elementary School
   3) Cartersville Middle School
   4) Cartersville High School
4. Mission Statement.  The Charter System mission is to  “lead . . .in preparing students for the challenges of progress and change through development of the skills necessary to become lifelong learners in order that they may live successful and productive lives.”
5. Essential Innovative Features.  The Charter System shall implement, but is not limited to, the following innovations: 1) Utilize flexibility of instructional scheduling and delivery to meet the differing needs of individual students; 2) Utilize flexibility in funding expenditures to deliver instruction to meet the differing needs of individual students; 3) Provide nontraditional pathways to identified high school and middle school students to earn academic credit; 4) Increase the number of at-risk students receiving GateKey scholarships with matching public funds; 5) Develop a leadership academy for high school students designed to integrate academic skills and character development.
6. Broad Flexibility Allowed by Law.  In exchange for the Charter System’s agreement to meet or exceed the performance-based goals and measurable objectives set forth in Section 7 below, the State Board shall grant the broad flexibility allowed by law to the Charter System.  Pursuant to O.C.G.A. § 20-2-2065(a), the Charter System shall be entitled to the broad flexibility allowed by state law from the provisions of Title 20 of the Official Code of Georgia Annotated and from any state or local rule, regulation, policy, or procedure established by the Local Board, State Board or the Georgia Department of Education (“Department”).  Notwithstanding this broad flexibility, the Charter System and each System Charter School shall comply with the terms of this Charter, the Charter Schools Act, including the provisions set forth in Section 15 below, and any rules, regulations, policies, or procedures established by the State Board consistent with the Charter Schools Act.
7. Performance-based Goals and Measurable Objectives.  In exchange for the flexibility granted in Section 6 above, the Charter System agrees to meet or exceed the performance-based goals and measurable objectives that are designed to result in improvement of student achievement as set forth in the Appendix attached to this Charter.
8. Assessment and Accountability.  Notwithstanding Sections 6 and 7 above, each System Charter School is subject to all accountability and assessment requirements set forth within Title 20 of the Official Code of Georgia Annotated and any corresponding State Board Rules, including but not limited to the accountability provisions of O.C.G.A. § 20-14-30 through § 20-14-41.  The System Charter Schools further are subject to all federal accountability requirements under No Child Left Behind.
9. Annual Report.  The Charter System shall submit an annual report by October 1 of each year following the first year of operation that complies with all requirements set forth in O.C.G.A. § 20-2-2067.1(c), including but not limited to an indication of the Charter System’s progress towards the goals and objectives stated in Section 7 above and all state-mandated assessment and accountability scores from the previous year.
10. Open Enrollment and Admissions.  The Charter System shall enroll students in its System Charter Schools per the terms of this Charter and in accordance with State Board rules. Each System Charter School shall comply with the open enrollment and admissions provisions set forth in O.C.G.A. § 20-2-2066.  Enrollment shall be open to any student in accordance with the following criteria:
    a. Attendance Zone.  Enrollment shall be open to any student who resides within the attendance zone.  The attendance zone for each System Charter Schools shall be the existing attendance zones determined by the Cartersville City Schools System.
    b. Admissions. System Charter Schools may not use admissions criteria or applications that would not otherwise be used at a traditional public school. System Charter Schools may use applications for the purpose of verifying students’ residence within the System Charter School’s attendance zone.  System Charter Schools may gather supplemental information from students after enrollment is determined.
    c. Random Lottery.  If the number of timely applicants who reside in the attendance zone does not exceed the capacity of the System Charter School, the System Charter School shall allow students from outside the attendance zone an equal opportunity to enroll through the use of a random lottery process. 
11. Withdrawal without Penalty. The Charter System and each System Charter School shall comply with the provisions of O.C.G.A. § 20-2-2066(d) for withdrawing students.
12. State and Federally Mandated Educational Services. |
    a) Students with Disabilities.  The Charter System and each System Charter School shall comply with all federal special education laws and regulations, including Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and the Individuals with Disabilities Education Act.
    b) English Language Learners.  The Charter System and each System Charter School shall comply with all applicable state and federal laws and regulations relating to the provision of educational services to English Language Learners.
    c) Supplemental Education.  The Charter System and each System Charter School shall provide supplemental education services in required cases pursuant to State Board of Education Rule 160-4-5-.03 and No Child Left Behind.
    d) Remediation.  The Charter System and each System Charter School shall provide remediation in required cases pursuant to State Board of Education Rule 160-4-5-.01 and No Child Left Behind.
13. Governance Structure.
    a. Governing Body.  Each System Charter School shall utilize a Governing Council as its governing body, which shall operate with the intent and purpose of maximizing school level decision making.   The Governing Council shall be responsible for complying with and carrying out the provisions of this Charter, including compliance with all applicable law.  For the purposes of the Appendix attached to this charter, the Governing Council shall be designated as the School Governance Council.
    b. Level Governance.  The Governing Council shall maximize school level governance, which is defined as decision-making authority in personnel decisions, financial decisions, curriculum and instruction, resource allocation, establishing and monitoring the achievement of school improvement goals, and school operations.
    c. Control and Management by Local Board.  The Governing Council at each System Charter School shall be subject to the control and management of the Local Board. 
    d. Function.  It shall be the function of the Governing Council to maximize school level governance, uphold the Charter System’s mission and vision, set policy for the System Charter School, ensure effective organizational planning, and ensure that Performance-based Goals and Measurable Objectives set forth in Section 7 are met.
    e. Public Meetings.  The Governing Council is subject to and shall comply with the Open and Public Meetings Act, O.C.G.A. § 50-14-1 et seq.  The Governing Council shall conduct regular meetings consistent with principles of transparency and avoidance of actual or apparent conflicts of interest in the governance of the System Charter School. 
    f. Public Records.  The Governing Council is subject to and shall comply with the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq.  The Governing Council shall maintain its adopted policies, budgets, meeting agendas and minutes and shall make such documents available for public inspection.
    g. Conflicts of Interest.  The Charter System shall establish a formal policy to prevent and disclose conflicts of interest.   Members of the Governing Council and System Charter School employees shall abide by such conflicts of interest policy.
    h. Public Status.  The Local Board assures that each System Charter School shall be a public, nonsectarian, nonreligious, nonprofit school organized and operated under the laws of the State of Georgia.  The Local Board further assures that the System Charter Schools shall not be home based.
14. Fiscal Control.
    a. Annual Audit.  The Charter System and each System Charter School shall be subject to an independent annual financial audit conducted by the Georgia Department of Audits and Accounts as required by law.
    b. Federal Monitoring Requirements.  Each System Charter School shall comply with all federal monitoring requirements related to the receipt of federal funds.
    c. Charter School Program Grant Funds Eligibility.  In the event the Charter System seeks grant funds under the federal Charter School Program, the Charter System must satisfy all federal eligibility requirements as a prerequisite to applying for and receiving such funds.
    d. Insurance.  Prior to opening, the Charter System shall secure adequate insurance coverage, and the Charter System shall maintain such coverage throughout the Charter term in accordance with the laws of the State of Georgia.
15. Compliance with Other Laws, Rules, and Regulations.  The Charter System and each System Charter School shall operate in accordance with the United States Constitution, the Constitution of the State of Georgia and all applicable federal, state and local laws that may not be waived pursuant to O.C.G.A. § 20-2-2065, including the following, which are listed by way of example and not by way of limitation.
    a. Civil Rights, Insurance, Health and Safety and Conflicting Interests.  The Charter System and each System Charter School shall operate in accordance with all applicable federal, state, and local rules, regulations, court orders and statutes relating to civil rights; insurance; the protection of the physical health and safety of students, employees, and visitors; conflicting interest transactions and the prevention of unlawful conduct.
    b. Unlawful Conduct.  The Charter System and each System Charter School shall be subject to all laws relating to unlawful conduct in or near a public school.
    c. Student Conduct and Discipline.  The Charter System and each System Charter School shall maintain and implement a written policy regarding student discipline, which policy shall be consistent with due process.
    d. State Board Rules.  The Charter System and each System Charter School shall operate in accordance with all State Board Rules promulgated in accordance with O.C.G.A. § 20-2-240 during the term herein that are not subject to any waiver granted in Section 6 above.
    e. Prohibition on Discrimination.  The Charter System and each System Charter School shall not discriminate against students on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, marital status, the need for special educational services or any other characteristic protected by local, state or federal law. 
    f. Reporting Requirements.  The Charter System and each System Charter School shall be subject to all reporting requirements of O.C.G.A. §§ 20-2-160, 20-2-161(e), 20-2-320 and 20-2-740.
    g. Tuition.  The Charter System and each System Charter School shall not charge tuition or fees to its students except as may be authorized for local boards pursuant to O.C.G.A. § 20-2-133.
    h. Brief Period of Quiet Reflection.  The Charter System and each System Charter School shall comply with O.C.G.A. § 20-2-1050, which requires a brief period of quiet reflection.
    i. Family Educational Rights and Privacy Act. The Charter System and each System Charter School are subject to all provisions of the federal Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.  In the event a System Charter School closes, it shall transmit all official student records in the manner prescribed by the State Board.
16. Employment Matters.  The Local Board shall be the employer of all employees of the Charter System and each System Charter School.  Employees at each System Charter School shall not be considered employees of the State Board or the Department.
    a. Background Checks.  Each System Charter School shall adopt background check procedures and shall ensure that all prospective staff members undergo a fingerprinting and background check prior to beginning employment at the System Charter School.
    b. Teachers’ Retirement System.  All teachers at each System Charter School shall be members of the Georgia Teachers’ Retirement System (TRS) and subject to its requirements.  Each System Charter School is responsible for making arrangements with TRS and making monthly contributions for its teachers in accordance with state requirements.
17. Record Inspection. Subject to state and federal laws, the Local Board, the State Board, its agents, and the state auditor’s office shall have the right to examine and copy all records, reports, documents, and files relating to any activity, program, or student at each System Charter School.
18. Facilities.  Each System Charter School shall obtain a Certificate of Occupancy for the facility in which the System Charter School shall be located.  Each System Charter School shall prepare a safety plan in accordance with O.C.G.A. § 20-2-1185, which plan shall be submitted to the Georgia Emergency Management Agency.
19. Transportation.  The Charter System and each System Charter School shall comply with all applicable laws governing transportation of students.
20. Food Services.  The Charter System and each System Charter School shall comply with all applicable laws governing food service for students.
21. Agreements with Local Board.  This Charter shall not preclude any System Charter School from entering into an agreement with the Local Board; provided no such agreement supersedes, overrides or conflicts with any provision of this Charter.
22. Termination of Charter.
    a. Termination Procedures. The parties acknowledge and agree that this Charter may be terminated following the procedures set forth in O.C.G.A. § 20-2-2068 and the accompanying State Board Rule.
    b. Requests for Termination.  The termination of this Charter may be requested by School Governing Council following the procedures set forth in O.C.G.A. § 20-2-2068
    c. Termination Grounds.  In accordance with Sections 22(a) and (b), the State Board may terminate this Charter based on any of the following grounds: i) The Charter System’s failure to comply with any recommendation or direction of the State Board with respect to O.C.G.A. § 20-14-41; ii) The Charter System’s failure to adhere to any material term of this Charter, including but not limited to the performance goals set forth in Section 7 above; iii) The Charter System’s failure to meet generally accepted standards of fiscal management; iv) The Charter System’s violation of applicable federal, state, or local laws, or court orders; v) The existence of competent substantial evidence that the continued operation of the Charter System would be contrary to the best interests of the students or the community; vi) The Charter System’s failure to comply with any provision of O.C.G.A. § 20-2-2065; vii) The existence of conditions that place the health, safety or welfare of students or staff of the Charter System in danger; or, viii) Other sufficient grounds the State Board finds appropriate to terminate the Charter as a result of evidence presented at the hearing on a request for termination.
23. Suspension.
    a. Pre-Opening Suspension.  In the event the Charter System fails to comply with any provision set forth in this Charter that requires compliance prior to the opening of any System Charter School, the conversion to a Charter System may be suspended until a time after all requirements have been fulfilled by the Charter System and as determined by the Department.  Suspension shall not result in an extension of the Charter term set forth above in Section 1.
    b. Emergency Suspension.  In the event of an emergency, as solely determined by the State Board, the State Board, through a regular or special-called meeting, may suspend the operations of the Charter System until a termination hearing can be conducted, as set forth in O.C.G.A. § 20-2-2068 and the accompanying State Board Rule.
24. Renewal, Non-Renewal and Probationary Status.
    a. Renewal.  The Charter may be renewed by agreement of the parties following the procedures set forth in the Charter Schools Act and accompanying State Board Rule.
    b. Non-Renewal.  Any grounds for termination stated in Section 22(c) above also may be grounds for non-renewal.  In addition, the State Board may elect not to renew the Charter if the petition for renewal does not comply with the Charter Schools Act and the rules, regulations, policies and procedures promulgated in accordance with the Charter Schools Act or if the State Board deems that the Charter System or a System Charter School has not sufficiently increased student achievement or is no longer in the public interest.
    c. Probationary Term.  In the event the State Board determines that the Charter System has failed to comply with any provision of this Charter, the State Board may elect to grant a renewal for a probationary term, within which term the Charter School must come into compliance satisfactory to the Department.
25. Amendments to Charter.  Any material term of this Charter, to be determined by the Department, may be amended in writing upon the approval of the Local Board and the State Board.  Any proposed amendment shall be made in accordance with O.C.G.A. § 20-2-2067.1 and the accompanying State Board Rule. 
26. Administrative Clarifications.  Any request for a clarification to a non-material term of this Charter, to be determined by the Department, shall be submitted in writing to the Department for review.  Any non-material term of this Charter may be clarified upon written approval of the State Superintendent of Schools or designee.
27. Non-Agency.  Nothing in the Charter shall be construed as creating or constituting the relationship of a partnership, joint venture, (or other association of any kind or agent and principal relationship) between the parties thereto.  No party to the Charter has the authority to enter into any contract or create an obligation or liability on behalf of, in the name of, or binding upon another party to the Charter.
28. Delegation.  The parties agree and acknowledge that the functions and powers of each party may be exercised only by each party and may not be delegated to a third party without written agreement by the Local Board and the State Board.
29. Application of Amended Law.  This Charter is subject to applicable state and federal laws and shall be deemed amended to reflect applicable changes to those laws upon the effective date of any such change.
30. Non-Waiver.  No waiver of any breach of this Charter shall be held as a waiver of any other or subsequent breach.
31. Severability.  If any provision of the Charter is determined to be unenforceable or invalid for any reason, the remainder of the Charter shall remain in full force and effect.
32. Governing Law and Venue.  This Charter shall be governed by, subject to, and construed under the laws of the State of Georgia.  This Charter shall be interpreted in accordance with O.C.G.A. § 20-2-2060 et seq., as amended within the term of this Charter.  Any action brought by one party to this Charter against another party shall be brought in the Superior Court of Fulton County.
33. Entire Agreement.  This Charter sets forth the entire agreement between the Local Board and the State Board with respect to the subject matter of this Charter.  All prior contracts, representations, statements, negotiations, understandings, and undertakings between the Local Board and the State Board are superseded by this Charter. The petition submitted to and approved by the Local Board serves only as the formal application for a Charter System and does not constitute a contract between the State Board and the Local Board. This Charter supersedes any conflicting provision contained in the petition.

Appendix to Charter for Cartersville City Schools

Table 1
The Cartersville City Schools will adopt the following goals under the charter:

1. All students will meet high academic standards by 2013-2014.
2. The percentage of students who exceed high academic standards in reading, math, language arts, science and social studies will increase by at least 10% by 2014-2015.
3. The high school graduation rate will increase by at least 10% by 2014-2015.
4. The achievement gap in ethnicity will be reduced by 2014-2015.
5. At least 92% of families of the Cartersville City School System will rate the school system and its schools as a “B” or higher in overall satisfaction on a perception survey by 2014-2015.

Goal 1:  All students will meet high academic standards by 2013-2014.
Based upon current data (FY2009) and where the school system desires to be at the conclusion of the five-year charter, Cartersville City Schools will increase the percentage of students who meet state standards annually.  Because this is such a wide-sweeping goal, it is necessary to have specific target objectives under this goal.  Each target objective supports the system’s effort to attain the overall goal of increased student performance and achievement.  Although current Cartersville City data indicates relative success toward the goal, there are some pockets across the system where there has not been as much success.  At these data points the performance objectives will be a larger stretch for the school system and its schools.  To add to the challenge, the new state GPS curriculum has only a short history and consequently valuable trend data is not especially reliable at this point.  Despite the challenges, however, the school system is confident it can achieve the established goals and objectives of the charter. The percentage of students meeting academic standards will increase throughout the charter period as measured on the CRCT, GHSGT, GHSWT, and EOCT by the end of the charter. 

Target Objective 1.1 – 100% of all grade 1-8 students will meet or exceed academic standards on the CRCT-Reading, Language Arts and Math
Target Objective 1.2 – 90% or more of all grade 3-8 students will meet or exceed academic standards on the CRCT – Science and Social Studies
Target Objective 1.3 – 100% of high school students will meet or exceed academic standards on the GHSGT – English, Math, Science, Social Studies and on the GHSWT
Target Objective 1.4 – The percentage of students meeting or exceeding standards on each required high school EOCT will increase annually

The charts below indicate the details of the Target Objectives supporting Goal 1.

Target Objective 1.1 ~ 100% of all grade 1-8 students will meet or exceed academic standards on the CRCT-Reading, Language Arts and Math.

Target Objective 1.2 ~ 90% or more of all grade 3-8 students will meet or exceed academic standards on the CRCT – Science and Social Studies.

Target Objective 1.3 ~ 100% of high school students will meet or exceed academic standards on the GHSGT – English, Math, Science, Social Studies and on the GHSWT.

Target Objective 1.4 ~ The percentage of students meeting or exceeding standards on each required high school EOCT will increase annually.
The improvement in performance on each EOCT will be at least a 10% increase in students meeting standards.

Goal 2:  The percentage of students who exceed high academic standards in reading, math, language arts, science and social studies will increase by at least 10% by 2014-2015.
The second charter goal is based upon the intent to increase the percentage of students exceeding minimum standards. The school system is not just interested in getting all students to a minimum threshold level, but to raise the bar so that students are challenged to excel and reach their highest level of achievement. 

Target Objective 2.1 – The percentage of grade 1-8 students exceeding academic standards on each of the CRCT-Reading, Language Arts, Math, Science and Social Studies assessments will increase by at least 10%.
Target Objective 2.2 – The percentage of students exceeding academic standards on each of the GHSGT-English, Math, Science and Social Studies assessments, and the GHSWT will increase by at least 10%.
Target Objective 2.3 – The percentage of students exceeding academic standards on each of the high school EOCT assessments will increase by at least 10%.

The charts below indicate the details of the Target Objectives supporting Goal 2.

Target Objective 2.1 ~ The percentage of grade 1-8 students exceeding academic standards on each of the CRCT-Reading, Language Arts, Math, Science and Social Studies assessments will increase by at least 10%.

            Table Continued

Target Objective 2.2 ~ The percentage of students exceeding academic standards on each of the GHSGT-English, Math, Science and Social Studies assessments, and the GHSWT will increase by at least 10%.

Target Objective 2.3 ~ The percentage of students exceeding academic standards on each of the high school EOCT assessments will increase by at least 10%.

Goal 3:  The high school graduation rate will increase by at least 10% by 2014-2015. 
The school system will show incremental increases in the graduation rate over the charter period.

Target Objective 3.1 – By the end of Year 2 of the charter, Cartersville High School will have a graduation rate of 82% or higher.
Target Objective 3.2 – By the end of Year 4 of the charter, Cartersville High School will have a graduation rate of 86% or higher.
Target Objective 3.3 – By the end of Year 5 of the charter, Cartersville High School will have a graduation rate of 94% or higher.

Goal 4: The achievement gap in ethnicity will be reduced by 2014-2015.
The school system understands that if improvement in overall student performance is going to happen, then the achievement gap between ethnic groups must decrease.  Historical data indicates Cartersville City has done relatively well across the board with its assessment results in reading, mathematics, and language arts.  However, when results of specific subgroups are analyzed there are ethnic achievement gaps to be addressed.  For example, Spring 2009 CRCT results for all third grade students showed that 95% met or exceeded standards in reading, 90% in language arts, and 82% in math.  Comparable minority (black) students showed results of 88%, 81%, and 67% respectively.  Fifth grade students showed 89% met or exceeded standards in reading, 94% in language arts, and 84% in math.  Comparable minority (black) students showed results of 82%, 91%, and 66% respectively.  Similar results were displayed for eighth grade students with 96% in reading, 95% in language arts and 72% in math with the minority (black) student subgroup indicating 70%, 97%, and 67.  Therefore, the school system will increase the percentage of minority (black) students exceeding standards on the respective assessments by 2-3% annually over the period of the charter.

Target Objective 4.1 – The achievement gap between minority (black) students and white students on the CRCT assessments will decrease annually in such a way that 100% of students are meeting or exceeding standards.
Target Objective 4.2 - The achievement gap between minority (black) students and white students on the GHSGT assessments and the GHSWT will decrease annually in such a way that 100% of students are meeting or exceeding standards.
Target Objective 4.3 – The percentage of minority (black) students who exceed standards on the CRCT assessments will increase by at least 10%.
Target Objective 4.4 – The percentage of minority (black) students who exceed standards on the GHSGT assessments and the GHSWT will increase by at least 10%.

Target Objective 4.1 ~ The achievement gap between minority (black) students and white students on the CRCT will decrease annually in such a way that 100% of students are meeting or exceeding standards.

Table Continued

Target Objective 4.2 ~ The achievement gap between minority (black) students and white students on the all sections of the GHSGT and the GHSWT will decrease annually in such a way that 100% of students are meeting or exceeding standards.

Target Objective 4.3 ~ The percentage of minority (black) students who exceed standards on the CRCT assessments will increase by at least 10%.

Target Objective 4.4 ~ The percentage of minority (black) students who exceed standards on the GHSGT assessments and the GHSWT will increase by at least 10%.

Goal 5:  At least 92% of families of the Cartersville City School System will rate the school system and its schools as a “B” or higher in overall satisfaction on a perception survey by 2014-2015.
Target Objective 5.1 – By the end of 2011-2012, Cartersville City Schools will develop or cause to develop a parent/community perception survey method and instrument.
Target Objective 5.2 – At the end of 2012-2013 and thereafter annually, Cartersville City Schools will survey parents and the community as to their overall satisfaction of the school system and its schools with the intent that at least 92% of respondents will rate the school system and its schools with a “B” or higher.

In addition to the five goals of the charter petition, Cartersville City has three additional goals included in the 5-Year System Strategic Plan.

1. By the end of 2014-2015, all Cartersville City Schools’ media centers will be identified as “Exemplary” as defined by H.W. Wilson standards.
2. The school system will reduce utility usage by 5% by 2014-2015.
3. The school system will develop a 20-year plan for facility construction by 2011-2012.