Georgia Supreme Court Stikes Down Charter Schools Act

The Georgia Supreme Court reversed a 2008 act that allowed the state to create a new kind of charter school called a “commission charter.” The fate of schools that have already been created using the act, or those in the process, are now in question. 

According to a Georgia Supreme Court statement, the courts voted 4-3 to strike down the 2008 Georgia Charter Schools Commission Act, saying that the schools do not fit the definition of “special schools” as envisioned in the state Constitution.

The case was brought to the state’s highest court by seven local school districts, including Gwinnett County, who sued former state Superintendent Kathy Cox, the Department of Education, the Charter Schools Commission and three charter schools approved by the Commission, according to the ruling. 

Ivy Preparatory Academy in Norcross was created using the act. Although it was not approved by the Gwinnett County Public Schools, it eventually received approval from the State Board of Education. In 2009, it transitioned to a school approved through the Charter Schools Commission, according to state Department of Education documents.

GCPS CEO/Superintendent J. Alvin Wilbanks said the school system is pleased with the court's decision in a released statement. But he also stressed the Gwinnett Board of Education's involvement does not signify that it doesn't support charters.

"While some tried to paint this lawsuit as an anti-charter school case, nothing could be further from the truth," said Wilbanks. "At its heart, this was a constitutional question, one that has been answered once and for all," said Wilbanks. 

Gwinnett County Public Schools currently has three charter institutions, the School of Advanced Math, Science and Technology, Maxwell High School and New Life Academy. An online campus will begin next year, creating one more charter in the county school system. 

DeKalb County, Bulloch and Candler County, Griffin-Spalding County and Henry County and the Atlanta Independent School System were also involved.  

The State Supreme Court that, “The Act is unconstitutional because it violates the 'special schools' provision in the Georgia Constitution of 1983.” The ruling stated that the Act went against a fundamental principle of public education, exclusive local control.

The ruling went on to say: “The constitutional history of Georgia could not be more clear that, as to general K-12 public education, local boards of education have the exclusive authority to fulfill one of the ‘primary obligation[s] of the State of Georgia,’" 

Since the 2008 Georgia Charter Schools Commission Act went into effect, there were three types of charter schools in Georgia: the “startup” charter, which is locally approved, “state chartered special schools” and “commission approved charter schools.” It is the last type of school that is affected by the Court’s ruling.