Information for Charter Schools. The following six requirements cannot be waived by a charter school:



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Information for Charter Schools Site, Facility, and School Codes There are three codes associated with any school. The site code references the property on which an educational facility is located. Site codes are issued upon the completion of the site approval process. Once a site code is created, it will never change. Facility codes reference the buildings that are located on a site. Once a facility code is created, it will never change. A facility may house more than one school and/or program and therefore have multiple school and/or program codes connected to it. The school code references a school (instructional program) that is housed in a facility. The school code is used for most reporting functions. When a school changes grade configuration, it may be necessary to obtain a new school code. Waivers Charter schools may waive certain portions of O.C.G.A. Section 20: School Law, Georgia Department of Education (GaDOE) rules, and GaDOE guidelines. Regulations concerning life safety cannot be waived and O.C.G.A. outside of Section 20 cannot be waived. When a law, rule, or guideline is waived, the benefits associated with that regulation are not available. If the charter school is housed in a facility owned by a school system, then facilities requirements such as classroom minimum square footage requirements cannot be waived. The following six requirements cannot be waived by a charter school: 1. Site Approval All school sites must be approved by the GaDOE Facilities Unit (FSU) before construction begins. For sites that already have a suitable facility, the site approval must occur three months before the opening of the facility by the charter school. Information about the process to obtain site approval is under the Educational Facility Site section on the Facilities Resources Web Page of the GaDOE website. Existing school sites where the facility has been closed must have that site reapproved before the facility is reopened. After site approval is issued, a site code will be assigned to that site. The FSU will also issue a facility code to facilities (for facilities that do not already have a facility code). Once a facility code is issued, then System Charters will then have their school system to request a school code for the charter school. State and Commission Charters will have the school code assigned by GaDOE FSU. The site code references the land on which a school facility is located. The facility code references the buildings on a site. The school code references the educational program and is used for various reporting functions. Page 1 of 7

2. Certificate of Occupancy All schools must have a current Certificate of Occupancy (CO) as an educational facility issued from the Authority Having Jurisdiction (AHJ) which may be the local Fire Marshall, the State Fire Marshall, and/or the Local Building Inspection Department dependent upon local ordinances and practices. Any charter school located in the educational portion of a religious facility must have that portion of the facility re-inspected by the appropriate AHJ; correct any noted deficiencies sited in the report and maintain a copy of the report, repairs, and the approval of the AHJ of the corrected deficiencies. No school shall be located in any public or private structure that has been closed and unoccupied for any length of time without re-inspection of that facility before students attend school in that facility. A new site approval is also required. 3. Architectural Plan Submittal and Review The GaDOE FSU shall review all waivers of rules in the charter school s charter in conjunction with submitted plans and specifications for the facility in which the charter school will be housed. The plans and specifications must be approved by the GaDOE FSU before a project is advertised for bid. Architectural plans and specifications shall be submitted to the GaDOE FSU for the construction of any new facility, or addition, modification, or renovation to any existing facility. Each submission shall be accompanied by a Charter School Project Data Sheet (see the sample project data sheet at the end of this document). Charters that have waived facilities requirements still must submit architectural plans for review for life safety compliance. Schools that will occupy facilities where no construction is required for the operation of the school shall have a set of As-Built floor plan drawings submitted to the GaDOE FSU before a facility code will be issued. Architectural plans shall be submitted in three stages: preliminary, check set, and final plans and specifications. Under certain circumstances, less than three submittals are permissible as stated in GaDOE Rule: Guideline for Submission of Documents for Review of Planning, Bidding, and Construction of Educational Facilities. The GaDOE FSU shall review and respond to each submittal in writing, approving or not approving (with comments) the submittal. All plans and specifications submitted to the GaDOE FSU must be prepared by a licensed architect or engineer in accordance with Title 43 of Georgia Law. Facilities that house a middle and/or high school may contain Career Technical and Agriculture Education (CTAE) labs. If an application is made to CTAE for an equipment grant for a CTAE lab, the lab must meet the minimum square footage requirements to be eligible for the grant. (See: Guideline for Educational Requirements for Facilities) Page 2 of 7

4. Building Construction Codes The construction of any educational facility shall comply with those codes and ordinances governing construction in the jurisdiction where the work will be performed. Approval of any plans and specifications by the GaDOE FSU does not supersede those approvals required by any local, state, or federal AHJ. 5. Public Works Construction Law The body of law contained in O.C.G.A. 36-91-20 et seq is referred to as the Public Works Construction Act. This law requires the public advertisement of all projects for construction over $100,000 for any public building regardless of funding sources. Charter school boards should engage legal counsel prior to the bidding of any construction for their facility to ensure compliance based on the chosen construction delivery method. 6. Asbestos Hazard Emergency Response Act (AHERA) The Asbestos Hazard Emergency Response Act (AHERA) went into effect in 1986. The Environmental Protection Agency (EPA) developed regulations to enforce this act. These regulations require each local education authority to develop operations and maintenance plans for managing asbestos in its facilities in order to sustain a safe and healthy environment of children. All elementary and secondary schools, public and private, must adhere to these regulations. All schools are required to comply with AHERA. An excerpt from the federal law for AHERA is as follows. A complete copy of the law can be found at : www.epa.gov/asbestos/pubs/2003pt763.pdf Materials in Schools Source: 52 FR 41846, October 30, 1987 unless wise noted. 763.80 Scope and Purpose (a) This rule requires local education agencies to identify friable and nonfriable asbestoscontaining materials (ACM) in public and private elementary and secondary schools by visually inspecting school buildings for such materials, sampling such materials if they are not assumed to be ACM, and having samples analyzed by appropriate techniques referred to in this rule. The rule requires local education agencies to submit management plans to the Governor of their State by October 12, 1988, begin to implement the plans by July 9, 1989, and complete implementation of the plans in a timely fashion. In addition, local education agencies are required to use persons who have been accredited to conduct inspections, re-inspections, develop management plans, or perform response actions. The rule also includes recordkeeping requirements. Local education agencies may contractually delegate their responsibilities under this rule, but they remain responsible for the proper performance of those duties. Additional links on the subject of AHERA: http://www.epa.gov/region2/ahera./e23.pdf Page 3 of 7

http://www.epa.gov/region2/ahera/ampauditchecklist.pdf Written correspondence to the GaDOE FSU should be mailed to: Facilities Services unit 205 Jesse Hill Jr. Drive SE Twin Towers East, Suite 1670 Atlanta, GA 30334 Page 4 of 7

charter school name address city, state, zip code phone: fax: email: charter school contact person name address city state zip code phone: fax: email: Date: Elementary K-5 Middle School (6-8) High School (9-12) FTE count FTE Count FTE Count Other (describe) Site size (acreage) Site Code Facility Code New Construction (new facility) Renovations (to existing facility) As-Built (no construction) New Construction ( addition) Modification (to existing facility) Other (write or attach explanation) Design/Bid/Build Design/Build Construction Manager@ Risk (CM @ Risk) Page 5 of 7 Print name Charter School Principal or Board Chair above

Construction Manager Agent Competitive Seal Proposal Signature of Principal, Board Chair, or Head Master above: date Anticipated Construction Start Date: Anticipated Construction Completion Date: Anticipated Date of Occupancy: GaDOE Form 2010-78 Part One Preliminary Review Submittal Check Set Review Submittal Final Review Submittal Initial Review Initial Review Initial Review Submittal First Re-submittal Second Re-Submittal Second Re-submittal Second e-submittal Re-Submittal of CTAE Labs only Re-Submittal of CTAE Labs only Media Center Cafeteria Kitchen Yes No N/A Yes No N/A Yes No N CTAE LABS Agri-Science Page 6 of 7 Professional Foods

Business Marketing Family and Consumer Science Horticulture Information Technology Early Childhood Education Automotive Service Technology Manufacturing Technology Broadcast Video Construction Technology Drafting and Design Technology Graph Arts Technology Heating, Ventilation, AC, and Refrigeration Health Occupation Middle School Technology High School Technology GaDOE Form 2010-78 Part Two Page 7 of 7