1. Waivers OF State Law Granted to School Districts
Strategic waivers School Systems (SWSS) and Charter System Flexibility
October 15, 2018

2. Quiet Revolution
Georgia is undergoing a quiet revolution of accountability-driven school improvement powered by the use of flexibility
The revolution is being led by local school districts using their school system flexibility to waive state laws and rules perceived as barriers to innovation in their classrooms and schools
1/17/2019

3. Flexibility Used to Improve Student Achievement
Student Performance
Innovations
Flexibility/
Waivers
The Flexibility Bargain
SBOE grants flexibility (waivers of state laws and rules)
in exchange for
LBOEs committing to improved student performance
1/17/2019

4. Flexibility Enables Improved Academic Performance
The Flexibility Bargain frees school districts to implement innovative approaches to improve academic results
Districts gain control over how they spend their state funds – which also frees them to improve academic results
The Flexibility Bargain is enshrined in a performance contract between the SBOE and each school district, including:
Performance targets and other obligations to which the School District is committed
Waivers granted by the SBOE to the School District
1/17/2019

5. Quiet Revolution
Three factors came together during the past decade that led to this quiet revolution:
District Flexibility Options Deadline first set in 2008
The Great Recession of
Opportunity School District (2015) and First Priority Act (2017) legislation that created the Chief Turnaround Officer
1/17/2019

6. District Flexibility Options Deadline
In response to past demands for higher academic achievement, local districts said,
“If you could just get the State off our backs we could improve academic results. We spend too much time and effort on responding to State laws and State Board rules rather than focusing on improving things in the classroom.”
1/17/2019

7. District Flexibility Options Deadline
The Lieutenant Governor responded in 2007 with The Charter Systems Act
This new law granted waivers of almost all State laws and State Board rules in exchange for a district accepting academic targets and committing to implement Local School Governance
1/17/2019

8. District Flexibility Options Deadline
The Governor and the Chair of the House Education Committee responded in with HB 1209
This new law granted specific waivers of State law and related State Board rule in exchange for a district accepting school level academic targets set by the Governor’s Office of Student Achievement (GOSA) and consequences for failure to achieve those targets
1/17/2019

9. District Flexibility Options Deadline
The 2008 flexibility law also set a June 30, 2013 deadline (later changed to 2015) for each local school system to notify GaDOE whether it would operate as a:
1. Strategic Waivers School System (formerly IE2 or Investing in Educational Excellence)
2. Charter System, or
3. Title 20/No Waivers School System (formerly Status Quo)
1/17/2019

10. Great Recession
The Great Recession followed the passage of the Charter System Act of 2007 and HB in 2008
Although it has officially ended, the impact of the recession has rippled forward into the present day
School districts increased class sizes, shortened the school year, furloughed teachers, and made other reductions
1/17/2019

11. Great Recession
To counter the recession, the State Board of Education provided school districts with waivers from January 2009 through , including:
Blanket class size waiver
Blanket school year length waiver
Expenditure controls, personnel required, the 65% rule, and others
All such waivers ended on June 30, 2015
Selecting a Flexibility Option other than Status Quo was the only way to get waivers
1/17/2019

12. Great Recession
This means that many districts that might have chosen to be Title 20/No Waivers (Status Quo) districts – to avoid academic targets and the consequences of failing to achieve those targets – selected a Flexibility Option instead
The lingering effects of the Great Recession therefore provided an incentive for many districts to improve CCRPI scores at their schools
1/17/2019

13. Opportunity School District and First Priority Act
In winter 2015, the General Assembly voted to place a constitutional amendment on the 2016 ballot and passed enabling legislation that would have created an Opportunity School District (OSD) in 2017
The OSD would have selected up to 20 schools per year from a list of persistently failing schools (schools with CCRPI scores below 60 for three consecutive years)
1/17/2019

14. Opportunity School District and First Priority Act
Control of schools included within the Opportunity School District would have been taken away from their home school districts
While the OSD was envisioned as a way to help persistently failing schools, the threat of losing those schools to state control also provided an incentive for many districts to improve CCRPI scores at their schools
1/17/2019

15. Opportunity School District and First Priority Act
School districts aggressively worked to raise CCRPI scores at their poor- performing schools to keep them from being on the expected OSD list in – and possibly losing control over their schools – had the amendment passed
Many districts considered how they could use flexibility to implement effective innovations as part of this work
1/17/2019

16. First Priority Act Replaced OSD as an Incentive
Although the First Priority Act created a Chief Turnaround Officer who can designate turnaround schools – and the CTO’s work is envisioned as a partnership with school districts to turn around their worst-performing schools…
1/17/2019

17. First Priority Act Replaced OSD as an Incentive
…the First Priority Act also says that if a turnaround school is not improving, the CTO shall select interventions to be implemented, including:
removal of some personnel or complete reconstitution of the school
complete restructuring of governance and organization
giving responsibility for operating the school to a state charter school or special school, a private nonprofit third-party operator, or a successful school system
mandatory parental option to relocate the student to another public school
1/17/2019

18. First Priority Act Replaced OSD as an Incentive
School districts are therefore continuing their efforts to raise CCRPI scores at their poor- performing schools to avoid CTO intervention
1/17/2019

19. District Flexibility Timeline 2007 to 2016

20. Yellow = Charter System 45
Charter Systems
133
Strategic Waiver School Systems 2
Title 20 / No Waivers School Systems
Map Key
Yellow = Charter System
White = Strategic Waivers School Systems (SWSS)
Pink = Title 20/No Waivers School Systems
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21. What is Waived?
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22. SWSS and Waivers WAIVERS ARE LISTED IN THE SWSS CONTRACT
Each waiver requested is tied to improvement of student performance
Requested waivers must include at least one of the “Big Four” waivers of state class size, expenditure control, certification, or salary schedule requirements
1/17/2019

23. ACADEMIC PROGRAM FLEXIBILITY
SWSS Waivers Granted
ACADEMIC PROGRAM FLEXIBILITY
Alternative education program
Awarding Credit for the purpose of substitution of equivalent or higher level requirements which will assist students in acquiring the knowledge and skills necessary to be successful as they continue their education at the postsecondary level and/or enter the workforce
Competencies and Core Curriculum, Online Learning
Driver education courses
Early Intervention program
Educational Program for Gifted Students
General and career education programs
Graduation Requirements for the purpose of substitution of equivalent or higher level requirements which will assist students in acquiring the knowledge and skills necessary to be successful as they continue their education at the postsecondary level and/or enter the workforce
Health & Physical Education Program except as prohibited by O.C.G.A. § (e)
Instruction in social graces and etiquette may be waived
Limited English proficient program
Organization of Schools; Middle School Programs; Schedule
Promotion & Retention
Public School Choice
Remedial education program
School Attendance, Compulsory Attendance as it relates to the attendance protocol
School climate management program
School Councils
Statewide Passing Score
1/17/2019

24. HUMAN RESOURCES FLEXIBILITY
SWSS Waivers Granted
HUMAN RESOURCES FLEXIBILITY
Certification Requirements
Class-size and Reporting requirements
Employment, Conditions of Employment as it relates to Duty Free Lunch
Fair Dismissal Act
Instructional Extension
Media Programs
Multi-year Contracts
Personnel Required
Professional Learning
Salary Schedule Requirements
School Bus Drivers
School Day and Year for Students and Employees
Substitute Teachers requirements (to the extent it allows for the employment of teachers certified by another state)
Use of Guidance Counselor
1/17/2019

25. FINANCIAL FLEXIBILITY
SWSS Waivers Granted
FINANCIAL FLEXIBILITY
Categorical Allotment requirements, Article 6 of Chapter 2 of Title 20
Common Minimum Facility Requirements to the extent that square footage requirements are not waived in situations where the health and safety of students is jeopardized and only after consultation with Georgia Department of Education Director of Facilities Services, and to the extent that the waiver does not affect state capital outlay funding determinations
Direct Classroom Expenditure Control
QBE Financing except to the extent it relates to funding
Scheduling for Instruction/Program Enrollment & Appropriations (except to the extent it relates to funding)
State Funded K-8 Subjects and 9-12 Course for Students Entering 9th Grade in 2008 and Subsequent Years (except as it relates to funding)
1/17/2019

26. Charter System and Waivers
What is waived?
Charter systems receive a “broad flexibility waiver” – also referred to as a “blanket waiver” – which means that, except for of a small list of items, they can ignore almost all of Title 20 and almost all SBOE rules and GaDOE guidelines
What is not waivable?
Charter Schools Act and associated SBOE Rules
Assessment and Accountability
QBE definitions
1/17/2019

27. What Cannot Be Waived?
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28. Not Waivable by Charter Systems or SWSS
NOT WAIVABLE: Federal, state, and local rules, regulations, court orders, and statutes relating to:
Civil rights
Insurance
Protection of the physical health and safety of school students, employees, and visitors
Conflicting interest transactions
Prevention of unlawful conduct
Unlawful conduct in or near a public school
QBE
Assessment and Accountability
Clearance certificates
Federal laws and regulations
1/17/2019

29. Not Waivable by Charter Systems or SWSS
NOT WAIVABLE: (continued)
Tuition
Brief Period of Quiet Reflection
Individual Graduation Plans
Family Educational Rights and Privacy Act
Annual Performance Evaluation
Asbestos Remediation
Student Conduct and Discipline
Written policy consistent with due process
Reporting requirements related to student discipline and disciplinary actions
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30. Not Waivable by Charter Systems
What is not waivable for Charter Systems only?
The Charter Schools Act and associated SBOE Rules
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31. What Are The Targets?
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32. Performance Targets
CCRPI and Beating the Odds are the performance measures for both Charter System and SWSS
The Beating the Odds analysis predicts a range within which each school’s CCRPI is statistically expected to fall – given the school’s size, grade cluster, student demographics (including race/ethnicity, disability, English Learners, and poverty), and student mobility.
If an individual school’s actual CCRPI is above the predicted range, then that school Beat the Odds.
1/17/2019

33. SWSS Targets
SWSS contracts have a single goal – but four possible ways to achieve that goal: SWSS Goal: Each District School will demonstrate proficiency and/or improvement on the CCRPI. Here are the four ways to achieve SWSS school success:
CCRPI 3% Target: On CCRPI, without the inclusion of Challenge Points, the school shall annually increase by 3% of the gap between the baseline year CCRPI score and 100
CCRPI Top Quartile Target: Schools with initial CCRPI scores , without the inclusion of Challenge Points, in the top quartile of the state within each grade cluster will be required to maintain or improve that level of performance
Pulled from Exhibit C Template
1/17/2019

34. SWSS Targets
CCRPI Trend Target: Schools demonstrating a trend of improvement, and meeting the equivalent of three years of targeted improvement by the end of the contract, will be deemed as meeting the accountability requirements of the contract
SECOND LOOK TARGET: Beating the Odds
If a school fails to meet its CCRPI target score, the school will be deemed as meeting its yearly performance target if the school is determined to be “Beating the Odds”
1/17/2019

35. Charter System Targets
Charter System contracts have the five goals with related performance measures
Goal 1: Beating the Odds. During each year of its charter term, each charter system school shall “beat the odds” – but it will be counted as success if the number of schools beating the odds increases each year and all schools beat the odds in the fourth year of the contract
Goal 2: CCRPI. The Charter System will demonstrate proficiency and/or improvement on it’s average CCRPI Single Score without Challenge points
Measure 1: Using Year 1 of the charter term as the baseline, the District’s CCRPI score shall be equal to or better than the State in Year 2, and better than the State in Years 3-5 of the charter contract
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36. Charter System Targets
Goal 2: CCRPI (continued)
Measure 2: If Charter System’s first year CCRPI score is lower than the State, it shall have until the end of Year 2 of the charter term to close the gap between the district and the State
Measure 3: In Years 3-5 of the charter term, the Charter System’s CCRPI score shall be better than the State
Goal 3: School Climate. Promote a positive school experience by providing a safe school environment
Measure 1: The District’s School Climate Star Ratings at all schools shall be equal to four or five stars at all schools by Year 4
1/17/2019

37. Charter System Targets
Goal 3: School Climate (continued)
Measure 2: From a baseline established in Year 1 of the charter term, the charter system will increase parent satisfaction annually by 5% as measured on the annual parent perception survey until parent satisfaction measures 90% at which time the Charter System shall maintain the 90% satisfaction rate
Measure 3: From a baseline established in Year 1, the Charter System will increase parent participation annually by 5% up to 90% at which time the Charter System shall maintain the 90% participation rate
Goal 4: Economic Sustainability
Measure 1: Each year, the charter system will operate in a fiscally sound manner as measured by an external audit
Measure 2: Actual and proposed budgets for each school year will demonstrate effective allocation of resources
1/17/2019

38. Charter System Targets
Goal 4: Economic Sustainability (continued)
Measure 3: Yearly balance sheets will demonstrate that the charter system maintains adequate cash reserves
Measure 4: The charter system will meet all Generally Accepted Governmental Accounting Standards (GAGAS) as demonstrated by external, annual audit reports
Goal 5: Implement school-level governance.
Measure 1: All School Governing Teams will undergo annual governance training
Measure 2: All School Governing Teams will meet a minimum of six times during the school year
Measure 3: All School Governing Teams will have representation from a variety of stakeholders (teachers, parents, community leaders)
Measure 4: System will create a spreadsheet listing the decisions being made by each School Governing Team
1/17/2019

39. What Are The Consequences of Failing to Meet the Targets?
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40. Consequences Charter System and SWSS have different consequences
For Charter Systems, loss of flexibility is the consequence of not meeting contract goals
For SWSS, loss of governance at schools that do not meet contract goals is the consequence of not meeting contract goals
Parallel to the consequences in Charter System and SWSS contracts are the GaDOE interventions and potential school takeovers possible under existing Georgia law
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41. Charter System Consequences
Charter systems that fail to ensure that conditions for success have been put in place at schools that did not meet their CCRPI and Beating the Odds goals face being put on probation.
Charter systems that fail to be removed from probation because they did not subsequently ensure that necessary conditions have been put in place at their nonperforming schools are subject to non-renewal or early termination of their charter system contract.
1/17/2019

42. SWSS Consequences
The following consequences are designed to ensure that the District sufficiently addresses the achievement deficiencies at all of its non-performing schools.
At schools that miss their first- and/or second-year targets, a school improvement plan that includes a targeted plan to address the specific achievement deficiencies will be incorporated into the annual school strategic planning process and implemented.
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43. SWSS Consequences
At schools that do not achieve three years of growth in the first three years, the District will apply direct school management support and intensive teacher development support as outlined in a jointly-developed school improvement plan between the school leadership and the district leadership staff.
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44. SWSS Consequences
At schools that do not achieve three years of growth in five years, the District will apply the consequences recommended by GOSA and approved by the State Board of Education. Recommendations could include:
Continued or enhanced interventions including direct school management support and intensive teacher development support
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45. SWSS Consequences
Conversion of the school to charter status with independent school level governance and a governance board with strong parental involvement
Operation of the school by a successful school system, as defined by GOSA, and pursuant to funding criteria established by the SBOE
Note: Items b and c above are from O.C.G.A (a)
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46. SWSS Consequences
Operation of the school by a private entity (nonprofit or for-profit) pursuant to a request for proposals issued by the Department
Note: Item d above is from O.C.G.A (a)
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47. How does being an SWSS or Charter System help DISTRICTS to relentlessly innovate?
SWSS and Charter Systems can INNOVATE without approval from the state because they can ignore the waived portions of Georgia Education Law (Title 20), State Board Rule, and GaDOE Guidelines
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48. What innovations have districts implemented?
ACADEMIC PROGRAM FLEXIBILITY
College and Career Readiness
Expansion of dual-enrollment/post-secondary opportunities
Creation of a College and Career Academy
Youth Entrepreneurship Program/Workforce Investment Act Program
1/17/2019

49. What innovations have districts implemented?
ACADEMIC PROGRAM FLEXIBILITY
Education Programs
Alternate instructional approaches for males
Alternatives to retention for students who have not mastered the grade-level standards by the end of the traditional grading period by bridging students across grade levels, including greater use of online learning.
Blended/ hybrid learning/flexible scheduling
Increase fine arts opportunities including enhanced foreign language programs in elementary schools
1/17/2019

50. What innovations have districts implemented?
ACADEMIC PROGRAM FLEXIBILITY
Graduation Requirements
Alternative ways for students to earn credit
Expand pathways to graduation through BYOT and technology integration, blended learning with FTE awarded for virtual learning, credit bearing internships and alternative graduation programs
Creation of credit recovery programs
Provide opportunities for accelerated instructions
1/17/2019

51. What innovations have districts implemented?
ACADEMIC PROGRAM FLEXIBILITY
Flexible Scheduling
Use of intervention periods and extended day opportunities to enhance curricular offerings, help students remain grade appropriate, and give students the opportunity to accelerate their learning
Develop the serve by 'need not label' model of support
Hybrid-block scheduling
Implement alternative schedules and calendars to tailor instruction to each student’s rate of learning
Utilize Flexible Service Models
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52. What innovations have districts implemented?
HUMAN RESOURCES FLEXIBILITY
Compensation alignment
Modify calendar designed for collaborative planning, professional development, and instructional enrichment;
Certification requirements
1/17/2019

53. What innovations have districts implemented?
FINANCIAL FLEXIBILITY
Allocations based on needs
Establish a governance team at each school giving them the authority to budget and spend all QBE Charter System funds.
Reuse space phased out at the BOE and high school facility.
Resource management (i.e., using school governance teams to set budget priorities);
Class-size and Reporting requirements
School day and year for students and employees
1/17/2019

54. What innovations have districts implemented?
OTHER
Increase effectiveness in the use of community partnerships
Community and local business participation on school teams
Work with local business to provide industry instructors, teacher externships, student apprenticeships, and student internships
1/17/2019

55. Additional Information
Louis Erste
Associate Superintendent
Policy, Charter Schools,
District Flexibility, and Governmental Affairs
Garry McGiboney, Ph.D.
Deputy Superintendent External Affairs
Allen Mueller
Director
District Flexibility and Charter Schools
Kerry Pritchard
Accountability Manager