Bill Summaries: H539 (2015-2016 Session)

Tracking:
  • Summary date: Sep 28 2015 - View summary

    Senate amendment makes the following changes to the 2nd edition.

    Deletes proposed changes to GS 115C-218.105(c) which removed the provision that required the portion of the amount that the local school administrative unit in which the child resides that must be transferred to the charter school that consists of revenue from supplemental taxes to be transferred only to a charter school located in the tax district for which those taxes were levied and in which the student resided. 

    Deletes all the proposed changes made to GS 115C-426 and replaces it with language that does the following.

    Deletes the provision concerning the use of other funds and adds that other funds may be used only for the following: (1) moneys received for prekindergarten programs; (2) moneys received for the federal Junior Reserve Officer Training Corps program; (3) Federal grants or appropriations that are restricted as to use and that the federal government requires to be held separately and not co-mingled; (4) rental fees for the use of facilities of public schools; (5) sales tax refunds; (6) tuition; (7) gifts or grants that (a) expressly exclude charter schools; (b) have been expressly restricted by the donor or grantor to an individual school; and (c) were given or pledged prior to October 15, 2015; (8) enterprise funds where the LEA collects a fee for service; (9) fund balances used or accruing for the LEA's current operating expenses; (10) interest income; (11) funds received for participation in federal Child Nutrition Programs, except for indirect costs; (12) Medicare and Medicaid reimbursements; (13) fees for actual costs; and (14) funds for which the local school administrative unit is acting as the fiscal agent and does not derive any benefit.  

    Also amends the subsection that provides that "other moneys made available or accruing to the local school administrative unit," which are included in the funds that make up the local current expense fund, include the following specified items: (1) moneys received for indirect costs; (2) reimbursements, except for Medicare and Medicaid reimbursements; (3) sales tax revenues regardless of how they are distributed; (4) gifts and grants that are not federal grants that are restricted as to use and required by the donor to be held in a specific fund; (5) federal grants and appropriations made directly to local school administrative units.


  • Summary date: Sep 21 2015 - View summary

    Senate committee substitute to the 1st edition deletes all provisions of the previous edition and replaces it with the following.

    Amends GS 115C-218.105(e) to allow the court to also award the prevailing party (1) court costs and (2) liquidated damages in an amount equal to 5% of the money that should have been transferred, in an action where funds equal to an amount equal to the per-pupil share of the local current expense fund of the local school administrative unit for the fiscal year have not been transferred by the local school administrative unit in which the child resides to the charter school within 30 days of the receipt of monies into the local current expense fund. These changes are effective when the act becomes law and applies to any actions filed on or after that date.

    Amends GS 115C-218.105(c) to remove the provision that required the portion of the amount that the local school administrative unit in which the child resides that must be transferred to the charter school that consists of revenue from supplemental taxes to be transferred only to a charter school located in the tax district for which those taxes were levied and in which the student resided.

    Amends GS 115C-426 as follows. The uniform budget format requires the inclusion of the (1) State Public School Fund, (2) local current expense fund, and (3) capital outlay fund. Deletes the provision concerning the use of other funds and add that other funds may be used only for the following: (1) moneys received for prekindergarten programs; (2) moneys received for the federal Junior Reserve Officer Training Corps program; (3) Federal grants that are restricted as to use and required by the donor to be held in a specific fund; (4) rental fees for the use of facilities of public schools other than charter schools; (5) sales tax refunds; (6) tuition; (7) gifts or grants that (a) expressly exclude charter schools; (b) have been expressly restricted by the donor or grantor to an individual school; or (c) were given or pledged prior to July 1, 2015; (8) enterprise funds where the LEA collects a fee for service; (9) fund balances used or accruing for the LEA's current operating expenses; (10) interest income. Also adds that "other moneys made available or accruing to the local school administrative unit," which are included in the funds that make up the local current expense fund, include the following: (1) moneys received for indirect costs; (2) reimbursements, except for Medicare and Medicaid reimbursements for a particular student; (3) fees for actual costs; (4) sales tax revenues, regardless of how they are distributed; (5) gifts and grants that are not federal grants that are restricted as to use and required by the donor to be held in a specific fund; (6) gifts and grants that: (a) do not expressly exclude charter schools; (b) were not expressly restricted by the donor or grantor to an individual school; or (c) were given or pledged after July 1, 2015; and (7) Federal appropriations made directly to LEAs.

    Unless otherwise indicated, effective July 1, 2016, and applies beginning with the 2016-17 school year.

    Makes conforming changes to the act's titles. 


  • Summary date: Apr 2 2015 - View summary

    Amends GS 115C-524 as the title indicates. Provides that the use of outdoor school property must be while the property is not being used for school purposes and be consistent with the proper preservation and care of the outdoor school property. Provides that the school board incurs no liability, individually or collectively, for personal injury suffered as a result of such use of the school property.