AN ACT TO PERMIT CERTAIN TOWNS TO OPERATE CHARTER SCHOOLS. Enacted June 7, 2018. Effective June 7, 2018.
Bill Summaries: H514 (2017-2018 Session)
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Bill H 514 (2017-2018)Summary date: Jun 7 2018 - View summary
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Bill H 514 (2017-2018)Summary date: Jun 4 2018 - View summary
Senate amendment makes the following changes to 4th edition. Amends GS 115C-218.90, removing proposed subsection (4a), which permitted the board of directors of a municipal charter school to elect to become a participating employer in the Teachers' and State Employees' Retirement System and the State Health Plan for Teachers and State Employees. Deletes Section 7, amending GS 135-4(cc) by removing provision for employees of a charter school operated by a municipality to participate in the retirement system for teachers and State employees. Deletes Section 8, amending GS 135-5.3 to remove provision for the board of directors of a charter school operated by a municipality to elect to become a participating employer in the State employees retirement system. Deletes Section 9, amending GS 135-48.47, removing provision that prevented employees of a charter school operated by a municipality from participating in the State Health Plan. Deletes Section 10, amending GS 135-48.54, to remove provision for the board of directors of a charter school operated by a municipality to elect to become a participating employer in the State employees retirement system.
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Bill H 514 (2017-2018)Summary date: May 31 2018 - View summary
Senate committee substitute makes technical changes to the 3rd edition.
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Bill H 514 (2017-2018)Summary date: May 30 2018 - View summary
Senate committee amendment makes the following changes to the 2nd edition.
Amends GS 115C-218.90 to deem the employees of a charter school operated by a nonprofit (was, the employees of the charter school board of directors of the nonprofit corporation) as employees of the local school administrative unit for purposes of providing certain state-funded benefits. Also provides that the board of directors of a municipal charter school may elect to become a participating employer in the Teachers' and State Employees' Retirement System and the State Health Plan for Teachers and State Employees (was, employees of a charter school operated by a municipality are deemed municipality employees and are eligible for employee benefits).
Deletes proposed changes to GS 105-228.90(b)(1) and to GS 160A-209(c).
Amends GS 135-4 to provide that any member may purchase creditable service for any employment as an employee of a charter school operated by a municipality whose board of directors did not elect to participate in the Retirement System under GS 135-5.3 (optional participation for charter schools operated by private nonprofit corporations) after completion of five years of membership service by making a lump-sum payment. Makes conforming changes.
Amends GS 135-5.3 to allow a charter school operated by a municipality that has received State Board of Education approval to become a participating employer in the Teachers' and State Employees' Retirement System. Makes conforming changes.
Amends GS 135-48.47 by adding that the statute, concerning participating in the State Health Plan by local government employees and dependents, does not apply to the employees of a charter school operated by a municipality.
Amends GS 135-48.54 to allow charter schools operated by municipalities to elect whether to become a participating employer in the State Health Plan for Teachers and State Employees in accordance with Article 3B of GS Chapter 135. Makes additional conforming and clarifying changes.
Expands the scope of the act to include Cornelius and Huntersville in addition to Matthews and Mint Hill.
Adds a severability clause.
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Bill H 514 (2017-2018)Summary date: Apr 24 2017 - View summary
House committee substitute makes the following changes to the 1st edition:
Clarifies definitions in new GS 115C-218(a1) to provide that the definition of a charter school board includes the governing body of a municipality serving ex officio as the charter school board. Defines nonprofit corporation to be a private nonprofit corporation that receives federal tax exempt status no later than 24 months following final approval of the charter.
Clarifies that the information in the charter school application under GS 115C-218.1 about the governance structure of a municipal charter school board includes the names of the municipality's governing board, if serving ex officio as the charter school board, or other board members. Adds that for municipal applicants, the application must also include the process that the school will follow to ensure parental involvement.
Clarifies amendment to GS 115C-218.15(b) to provide that a charter school shall be operated by either a nonprofit corporation or a municipality, makes technical conforming change to subsection (b2), and deletes change to subsection (d).
Makes technical changes to amendments to GS 115C-218.25 and GS 115C-218.90.
Deletes Sections 3, 5, 8, 9, 10, 12, 13, 15, and 16 of the bill and renumbers the remaining sections accordingly.
Amends GS 160A-209 to allow a city to levy property taxes in order to, among other allowable purposes, provide for a municipally operated charter school.
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Bill H 514 (2017-2018)Summary date: Mar 28 2017 - View summary
Amends the following statutes pertaining to charter schools, applicable only to the Town of Matthews and the Town of Mint Hill.
Amends GS 115C-218, to add new subsection (a1) defining the terms board of a charter school and board of the charter school for the purposes of Article 14A of GS Chapter 115C (Charter Schools) to include (1) the board of directors of a private nonprofit corporation and (2) the governing body of a municipality or a board appointed to operate a charter school by the governing body of a municipality. Makes conforming change to the statute's title. Further, amends subsection (c)(3), setting out the powers and duties of the Office of Charter Schools, to include providing technical assistance and guidance to municipalities seeking to operate charter schools within the State.
Amends GS 115C-218.1, concerning eligible applicants to establish a charter school, and the content and submission of applications for approval, to make the statute's provisions applicable to a municipality seeking to establish a charter school. Requires the application by a municipality seeking to establish a charter school to include the names of the members of the governing body of the municipality. Makes clarifying change providing that a teacher employed by the board of directors of a private nonprofit corporation to teach in the charter school can serve as a nonvoting member of the board of directors for the charter school.
Amends GS 115C-218.15, concerning charter school operation, to provide for the operation of a charter school by a governing body of a municipality. Makes changes to reorganize existing language into new subsection (b1), concerning the required adoption of a conflict of interest and anti-nepotism policy, clarifying the provisions are applicable to a private nonprofit corporation's board of directors operating a charter school. Adds new subsection (b2) requiring the governing body of a municipality operating a charter school to adopt a conflict of interest and anti-nepotism policy related to the charter school that includes the requirements of subdivisions (2) and (3) of subsection (b1), concerning prior disclosure and approval of any immediate family of any member of the board or charter school employee for employment as an employee, independent contractor, or as otherwise engaged or employed by the board of directors in any capacity, and disqualification from serving as a member of the charter school's board of directors because of the existence of a conflict of interest.
Amends GS 115C-218.45(f) to allow a charter school that is operated by a municipality to give enrollment priority to domiciliaries of the municipality.
Amends GS 115C-218.90(a), concerning employment requirements, to make the requirements of subdivision (1) applicable to both the charter school's board of directors or the governing body of a municipality. Makes changes to clarify that the provisions of subdivision (4) apply to a charter school operated by a private nonprofit corporation. Adds new subdivision (a4) deeming the employees of a charter school operated by a municipality to be employees of that municipality and eligible for any employee benefits including retirement and health benefits provided to other employees of that municipality.
Makes conforming changes to GS 115C-218.2(b), GS 115C-218.15(d), GS 115C-218.20(a), GS 115C-218.25, GS 115C-218.45(f), GS 115C-218.50(b)(2), GS 115C-218.70, GS 115C-218.75(a), GS 115C-218.90(b), GS 20-11(n)(4)d, GS 20-84(b)(3a), GS 105-228.90(b)(1), GS 115C-75.12(a)(4)a, and GS 115C-375.3 to remove references to the board of directors, board of directors of the nonprofit corporation, charter school board of directors, charter board member, and nonprofit corporation to instead refer to the board of a charter school, the board of the charter school, member of a board of a charter school, or an entity chartered under GS 115C-218.5.
Applies to applications to establish a charter school submitted on or after that date.