ATLANTA (AP) — Georgia voters will get a chance in November to decide whether to change the state Constitution to allow the state to create charter schools.

The constitutional amendment passed the Georgia Senate 40-16 Monday. It goes on the ballot as a referendum.

The measure would clarify state law after a May ruling by the state Supreme Court that outlawed the Georgia Charter Schools Commission. The court ruled the commission was illegally creating charter schools over the objection of districts.

The measure passed the House last month. Since then, GOP leadership has been working to gain enough Democratic votes for it to get the required two-thirds majority in the Senate.

Opponents say the state should not create charter schools when public schools are facing $1 billion in cuts and dwindling tax revenue.