AN ACT TO MAKE VARIOUS CHANGES TO THE CHARTER SCHOOL LAWS AND TO MAKE A TECHNICAL CORRECTION TO HOUSE BILL 712. Enacted August 6, 2014. Effective August 6, 2014, except as otherwise provided.
Bill Summaries: S793 (2013-2014 Session)
Tracking:
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Bill S 793 (2013-2014)Summary date: Aug 14 2014 - View summary
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Bill S 793 (2013-2014)Summary date: Jul 24 2014 - View summary
Conference report makes the following changes to the 5th edition:
Changes the long title.
Amends GS 115C-238.29D(f), providing that a charter school can, without prior approval of the State Board of Education, expand to offer one grade higher or lower (previously, could only expand a higher grade) than the charter school currently offers if the charter school meets specified criteria. Makes a clarifying change. Adds language to the required criteria that a charter school must meet, now requiring that the charter school must have been in operation for less than three years. Makes conforming changes.
Amends proposed GS 115C-238.29F(b1) to provide that a charter school cannot discriminate against any student on the basis of ethnicity, national origin, gender, or disability (previously, could not discriminate with respect to any category protected under the US Constitution or under federal law applicable to the states).
Amends GS 115C-238.29F(g)(5), substituting the word "sex" for the word"gender" in proposed language that now provides that a charter school whose mission is single-sex education can limit admission on the basis of sex.
Amends proposed GS 115C-238.29F(m), making a clarifying change and providing that inspection of charter school personnel records for those employees directly employed by the board of directors of the charter schools can be subject to the requirements of GS Chapter 115C, Article 21A (previously provided that the inspection of charter school employee personnel records is subject to the requirements of GS 115C, Article 21A). Deletes language that previously provided that information contained in GS 115C-320(a)(1) (names of local board of education employees) is not open to inspection. Adds language that provides that the charter school and board of directors of the private nonprofit corporation that operates the charter school must use the same schedule established by the Department of Cultural Resources for retention and disposition of records of local school administrative units.
Amends proposed GS 20-84(b)(3a), concerning permanent registration plates for motor vehicles owned and exclusively operated by a nonprofit corporation that operates a charter school, providing that the motor vehicle can only be used for student transportation and official charter school-related activities.
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Bill S 793 (2013-2014)Summary date: Jun 26 2014 - View summary
House amendments make the following changes to the 4th edition, as amended.
Amendment #8
Amends proposed GS 115C-238.29F, concerning the charter school and board of directors being subject to the Public Records Act, to provide that information contained in GS 115C-320(a)(1) (employee names) is not open to inspection.
Amendment #9
Adds a new provision which provides that if H 712 of the 2013 Regular Session becomes law, then the lead-in language for Section 7 of that act will be amended by deleting the citation to "Article 9 of Chapter 115 of the General Statutes" and replace it with "Article 9 of Chapter 115C of the General Statutes."
Amendment #10
Amendment #10 makes changes to amendment #5, deleting proposed language to GS 115C-238.29D(f) providing for charter school grade expansion. Amendment provides new language that allows a charter school, without prior approval of the State Board of Education (Board), to offer one grade higher than the charter school currently offers if the charter school meets three criteria: (1) the school has student academic outcomes comparable to outcomes of students in the local school administrative unit; (2) the school has provided financially sound audits for the year prior to the expansion; and (3) the school is in compliance with State law, federal law, the school's own bylaws, and the provisions set out in its charter granted by the Board.
Also requires the charter school to provide documentation of the requirements above to the Board. The charter school is permitted to expand to offer a higher grade unless the Board finds that the charter school has failed to meet any of the requirements above or other exceptional circumstances exist.
Amends the effective date as provided for in Amendment #5, now providing that GS 115C-238.29D(f)(4), as enacted above, will expire on September 1, 2015.
Amendment #11
Amends proposed GS 115C-238.29F(b1), rewriting the proposed language to provide that a charter school will not discriminate against any student with respect to any category protected under the US Constitution or under federal law applicable to the states (deleted language that prohibited discrimination only on the basis of ethnicity, national origin, gender, or disability).
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Bill S 793 (2013-2014)Summary date: Jun 24 2014 - View summary
House amendments 1, 2, 3, and 5 make the following changes to the 4th edition.
Amends the bill's long title to better reflect the bill's content.
Amends GS 20-84(b), to add a new subdivision (3a), which makes charter schools eligible to receive permanent registration plates. Repeals this section July 1, 2015.
Amends Section 6.5 of this act to direct the State Board of Education not to require applicants selected by the fast-track replication process as prescribed in this act to engage in a planning year. Requires the applicants under the fast-track replication process to meet the requirements in Part 6A of Article 16 of GS Chapter 115C and the additional requirements as specified in this section.
Amends GS 115C-238.29D(f) to provide that it is not a material revision of a charter application and does not require prior approval of the State Board for a charter school to offer one grade higher than the charter school currently offers. Prohibits a charter school from increasing enrollment in an expansion grade level added under this subdivision. Expires July 1, 2018.
Clarifies that except as otherwise provided, this act is effective when it becomes law and applies beginning with the 2014-15 school year.
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Bill S 793 (2013-2014)Summary date: Jun 23 2014 - View summary
House committee substitute makes the following changes to the 3rd edition.
Amends GS 115C-238.29H(c) to require a local school administrative unit (LEA) to provide each charter school to which the LEA transfers a per-pupil share of its local current expense fund with any additional records (was, additional information) the charter school requests from the LEA for use in auditing and verifying the calculation and transfer of the per-pupil share of the local current expense fund. Makes a conforming change to the bill title.
Clarifies that the State Board of Education (SBE) is required to develop a competitive bid process for the assumption of a charter school by a new entity if the charter school shows inadequate performance and could have its charter terminated or not renewed by the SBE.
Clarifies that provisions in Section 6.5 of this act which direct or require action on the part of existing charter schools are expressly directed to the board of directors of the charter school. Requires the SBE to ensure that the decision on whether to grant a charter via a fast-track replication process be made in less than 150 days (was, 120 days).
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Bill S 793 (2013-2014)Summary date: Jun 16 2014 - View summary
Senate amendment makes the following changes to the 2nd edition.
Inserts a Section 1.5 in this act to amend GS 115C-238.29D(a) by making stylistic and organizational changes to that subsection.
Amends the date by which the State Board of Education must make final decisions approving or denying charter school applications. Directs the SBE to make its decision to approve or deny a charter application by August 15 of a calendar year (was, January 15 of a calendar year) on all applications that the SBE receives before a date set by the Office of Charter Schools by which applications must be received in that application cycle.
Amends GS 115C-238.29D(d) to include as a basis for which a charter may be renewed for a period less than 10 years that the charter school is not in compliance with state law, federal law, the school's own by-laws, or the provisions set forth in its charter granted by the SBE.
Amends GS 115C-238.29F(g)(5a) to extend priority enrollment for the children of the charter school's board of directors beyond the first year of the charter's operation.
Amends GS 115C-238.39H(c) to add a new requirement that local school administrative units provide, within the specified 30-day time period and to charter schools receiving a per pupil share, any additional information that is requested by a charter school so that the charter school can audit and verify the calculation and transfer of the per pupil share of the local current expense fund.
Amends GS 115C-238.39H(d) to provide that the court must, in regards to the mediation process allowed in GS 115C-238.39H(b), order delinquent funds, costs, fees and interest to be paid in full no later than one year (was, three years) from the entry of any judgment.
Amends the competitive bid process for schools that show inadequate performance, providing that interested entities must have operated another charter school in North Carolina for at least three years (was, five years).
Makes technical changes.
Directs the State Board of Education (Board) to adopt processes and rules for fast tracking replication of high-quality charter schools that are operating in North Carolina. Requires charter schools to meet one of these two requirements to qualify for the fast-tracking replication: (1) has student academic outcomes comparable to outcomes of students in the local school administrative unit and can provide three years of financially sound audits or (2) agrees to contract with an education/charter management organization that can demonstrate that it can replicate high-quality charter schools in North Carolina. Requires the Board to ensure that the rules for the replication process provide that decisions on whether to grant a charter through the process are completed in less than 120 days. Requires the Board to adopt rules and procedures for the process by December 15, 2014. Also requires the Board to report to the Joint Legislative Education Oversight Committee by February 15, 2015.
Provides that the act is effective on ratification and applies beginning with the 2014-15 school year, with Section 5.6 of the act applying to actions filed on or after the effective date.
Makes conforming changes to the long title.
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Bill S 793 (2013-2014)Summary date: Jun 11 2014 - View summary
Senate committee substitute makes the following changes to the 1st edition.
Deletes changes in the 1st edition to the following sections: (1) GS 115C-238.29A(b), requiring the Charter School Advisory Board to inform applicants of a denial of a charter school application in writing and to allow applicants to petition the State Board of Education (SBE) regarding a denied charter school application; (2) GS 115C-238.29B(e), requiring the SBE to assess a $1,000 fee for initial and renewal charter applications; (3) GS 115C-238.29B, requiring the SBE to adopt rules in accordance with Article 2A of GS Chapter 150B regarding charter school operations; and (4) GS 115C-238.29D(a), requiring the SBE to make final decisions on the approval or denial of charter school applications by June 15 for all applications it receives by the deadline established by the Office of Charter Schools for the receipt of applications.
Amends GS 115C-238.29B(b) to provide that a teacher may serve as a non-voting board member at a charter school where that teacher is employed by the board of directors.
Amends GS 115C-238.29D(d) to allow the SBE to renew charter schools for less than 10 years if the charter school has not provided financially sound audits for the prior three years or its student academic outcomes for the past three years have not been comparable to the academic outcomes of students in the local school administrative unit in which the charter is located.
Clarifies in GS 115C-238.29F(g)(5) that charter schools with a mission of single-gender education may limit admission on the basis of gender. However, maintains provision that discrimination against any student by a charter school based on ethnicity, national origin, gender, or disability is prohibited.
Directs the SBE to adopt a process and rules for a competitive bid process for the assumption of a charter school that shows inadequate progress. Delineates the criteria, which at minimum, the SBE must require entities interested in assuming operation of the inadequately performing charter school to meet. Directs the SBE to adopt the rules and procedures required by this section by January 15, 2015, and report to the Joint Legislative Education Oversight Committee by February 1, 2015.
Makes conforming changes to the bill title.
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Bill S 793 (2013-2014)Summary date: May 19 2014 - View summary
Amends GS 115C-238.29A(b) to set out minimum standards for the review and recommendation process for charter applications by the NC Charter Schools Advisory Board, including requiring specific factual support for the final recommendation of approval or denial. Amends GS 115C-238.29B to set the application fee at $1,000 (was, no less than $500 and no more than $1,000). Also amends the statute to require the State Board of Education (State Board) to adopt rules according to Article 2A of GS Chapter 150B regarding all aspects of charter school operation. Amends GS 115C-238.29D to require the State Board to make final decisions on the approval or denial of applications by June 15 of a calendar year on all applications received before a date established by the Office of Charter Schools for the reciept of applications in the prior calendar year (was, required the State Board to act by January 15 of a calendar year on all applications and appeals received prior to a date set by the Office of Charter Schools for receipt of applications in the prior calendar year). Allows the State Board to make a final decision for approval contingent on successful completion of a planning year. Allows final decisions denying an application to be appealed by commencing a contested case in the Office of Administative Hearings. Amends GS 115C-238.29F to make the charter school, and the board of directors of the nonprofit operating the charter, subject to the Public Recrods Act and the Open Meetings Law. Applies beginning with the 2014-15 school year.