AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS AFFECTING CHARTER SCHOOLS. Enacted July 21, 2017. Effective July 21, 2017, except as otherwise provided.
Bill Summaries: H800 (2017-2018 Session)
Summary date: Jul 25 2017 - View summary
Summary date: Jun 28 2017 - View summary
Senate committee substitute makes the following changes to the 4th edition.
Deletes the proposed changes to GS 115C-218.7(b), and proposed new subsection (b1) in GS 115C-218.7, which authorized the State Board of Education (State Board) to approve additional enrollment growth of 20% for any charter school identified as low-performing, and additional enrollment growth of 25% for any charter school not identified as low-performing, so long as the specified criteria are met.
Current GS 115C-218.7(b) provides that enrollment growth of greater than 20% is considered a material revision of a charter, and authorizes the State Board to approve the additional enrollment growth of greater than 20% if it finds five criteria are met. Amends GS 115C-218.7(b) to now provide that enrollment growth of greater than 20% is considered a material revision of the charter if the charter school is currently identified as low-performing. Prohibits the State Board of Education from approving a material revision for enrollment growth of greater than 20% for a charter that is currently identified as low-performing. Establishes that enrollment growth of greater than 25% is considered a material revision of the charter for any charter school that is not identified as low-performing. Authorizes the State Board to approve additional enrollment growth of greater than 25% if it meets the existing specified criteria. Makes conforming changes to the proposed changes to GS 115C-218.8. Applies to approvals for material changes on or after the date the act becomes law.
Amends GS 115C-218.7(b), as amended by the act, to increase the enrollment growth considered a material revision to any charter school not identified as low-performing from 25% to 30%. Effective July 1, 2018, and applies to approvals for material changes on or after that date.
Summary date: Jun 21 2017 - View summary
Senate committee substitute makes the following changes to the 3rd edition.
Deletes the provisions of previous Part I, amending GS 115C-218.45, GS 115C-218.1(b), GS 115C-218.7, and GS 115C-15, pertaining to charter schools in the workplace.
Makes organizational changes to the act.
Moves the provisions in previous Part II to Part I.
Modifies the proposed changes to Section 6.5 of SL 2014-101, as amended, to require the State Board of Education (State Board) to ensure that the rules for a fast-track replication process provide that the decision on whether to grant a charter through the replication process be completed in less than 120 (previously, 90) days from the application submission date.
Amends GS 115C-218.7(b) to make the provisions of the subsection, which provide that enrollment growth of greater than 20% is considered a material revision of the charter and requires approval of the State Board, apply only to charter schools identified as low-performing (currently, charter schools identified as low-performing cannot be approved by the State Board for this additional enrollment growth). Makes conforming changes.
Enacts GS 115C-217.7(b1), providing that enrollment growth of greater than 25% is considered a material revision of the charter and requires approval of the State Board for any charter school not identified as low-performing. Sets out the findings that must be shown for the State Board to approve additional enrollment growth of more than 25%, which are identical to those set forth in GS 115C-218.7(b) as amended.
Makes conforming changes to GS 115C-218.8 (Nonmaterial revisions of charters).
Applies to approvals for material changes on or after the date the act becomes law.
Amends GS 115C-218.45(f) to add students who were enrolled in another NC charter school in the preceding year to the students to which a charter school can give enrollment priority.
Amends GS 115C-218(c)(3), describing the powers and duties of the Office of Charter Schools, to add the duty to assist certain charter schools seeking to participate in the NC prekindergarten program in accordance with GS 115C-218.115, as enacted by this act.
Further amends GS 115C-218.45(f) to add a student who was enrolled in a preschool program operated by the charter school in the preceding year to the students to which a charter school can give enrollment priority.
Enacts GS 115C-218.115, Operation of NC Pre-K Programs, to permit a charter school to apply to a local contracting agency to participate in the NC prekindergarten (NC Pre-K) program as a local program site offering families a high-quality prekindergarten experience. Allows a charter school seeking to operate as an NC Pre-K program site to request administrative and technical assistance from the Office of Charter Schools with its application to the local contracting agency so long as the charter school meets the following four qualifications: (1) the charter school has operated as a charter school for at least three years; (2) the charter school is not currently identified as low-performing; (3) the charter school meets generally accepted standards of fiscal management; and (4) the charter school is substantially in compliance with State law, federal law, the charter school's own bylaws, and the provisions set forth in its charter granted by the State Board. Provides for the Office of Charter Schools' assistance in determining whether the charter school's proposed program meets building and other state standards, and the standards required to be selected as a site under the NC Pre-K program. Sets forth qualifications that must be met for a charter school otherwise meeting all of the requirements for a child care facility license to be able to use an existing or newly constructed classroom in the charter school for three- and four-year-old preschool students without further modifications.
Amends Section 7.22(h) of SL 2011-145, as amended, directing the Director of the NC Virtual Public School (NCVPS) program to continue to ensure course quality standards are established and met for courses developed by NCVPS. Removes the requirement that the Director ensure all e-learning opportunities other than virtual charter schools offered by State-funded entities to public students are consolidated under the NCVPS program, eliminating course duplication.
Instead, authorizes local school administrative units to partner with eligible providers other than the NCVPS for e-learning opportunities. Sets requirements for eligible providers, including being accredited by a regional accrediting agency.
Makes organizational change to GS 115C-218.105(b) concerning the use of state and local funds by schools.
Removes the application provision of the act.
Summary date: Apr 25 2017 - View summary
House amendment #1 makes the following change to the 2nd edition:
Amends GS 115C-218.45 to amend the definition of charter partners to exclude entities that donate any of the listed properties or services to a charter school in an amount of less than $50,000.
Summary date: Apr 24 2017 - View summary
House committee substitute makes the following changes to the 1st edition.
Deletes Part III of the act, thereby deleting new GS 115C-218.106, which required a county board of commissioners to appropriate to a charter school in that county an amount equal to the per pupil appropriation from the county to the local school administrative unit or units for the local expense.
Summary date: Apr 12 2017 - View summary
Amends GS 115C-218.45 to allow a charter school to give enrollment priority to children of permanent employees of a charter partner, limited to no more than 50% of the school's total enrollment. Defines a charter partner as any legal entity authorized to transact business in this State under GS Chapters 55, 55A, 55B, 57D, or 59 and that has donated one or more of the following to the charter school: (1) the land on which the school is built; (2) the school building or the space the school occupies (with additional provisions governing when the charter partner is leasing the building or space to the school); or (3) major renovations (as defined in the act) to the existing school building or other capital improvements, including major investments in technology. Requires the charter partner and the charter school to enter into a memorandum of understanding each year that the charter school provides the charter partner with enrollment priority, that specifies the duration of the priority and the methods by which the charter partner will support the charter school. Prohibits implementing the enrollment priority in a way that displaces students who are enrolled at the school at the time the charter application or the material revision providing for the priority is approved by the State Board of Education.
Amends GS 115C-218.1 to require a nonprofit corporation's application to establish a charter school to also include whether the school intends to give enrollment priority to the child of a charter partner, and requires that the partner be identified.
Amends GS 115C-218.7 to consider adoption of the enrollment priority in GS 115C-218.45(f)(3)c (appears to intend the new priority for children of charter partners) as a material revision of the charter.
Amends GS 115C-218.15 to allow a person affiliated with a charter partner to be a member on the board of directors of the charter school that provides enrollment priority and sets parameters related to that membership.
Amends GS 115C-218.90 to allow a charter school's board of directors to contract with an education management organization or charter management organization to provide teachers.
Enacts GS 115C-218.106 to mandate, for each student enrolled in a charter school, the board of county commissioners of the county in which the local administrative unit is located where the student resides must appropriate to that charter school an amount equal to the per pupil appropriation from the county to the local school administrative unit(s) for local current expenses. Directs the total membership of the charter school of students residing in the county for the budget year to be determined and certified to the charter school and the board of county commissioners by the State Board of Education by October 1 of each school year. Provides that the amount of the per pupil appropriation that consists of revenue derived from supplemental taxes is only to be provided to a charter school located in the tax district for which the taxes are levied and in which the student resides. Directs funds to be transferred from the board of county commissioners to a charter school at the same time that funds are transferred to the local school administrative unit or units.
Amends GS 115C-218.105 to eliminate all provisions pertaining to local funds for a charter school. Makes conforming change to repeal GS 115C-448(d).
Amends GS 153A-149(b) to provide that each county can levy property taxes without restriction as to the rate or amount for the purpose of providing the county's share of the cost of kindergarten, elementary, and secondary public schools, which includes charter schools chartered under Article 14A of GS Chapter 115C (currently, does not specify charter schools are included), and post-secondary public education.
Amends statutory references in Section 8.35(e) of SL 2014-100, to now require the State Board of Education to provide state funding to a virtual charter school participating in the virtual charter school pilot program as provided in GS 115C-218.105, and to provide the amount of local funds provided to participating charter schools pursuant to GS 115C-218.106 is to be the lesser of $790 per pupil or the amount computed in accordance with GS 115C-218.106.
Applies beginning with county budget ordinances adopted on or after the date the act becomes law.
Amends Section 6.5 of SL 2014-101, as amended, to require the State Board of Education to ensure that the rules for a fast-track replication process provide that the decision on whether to grant a charter through the replication process be completed in less than 90 days from the application submission date and requires a decision no later than October 15 of the year immediately preceding the year of the proposed school opening.
Applies beginning with the 2017-18 school year, unless otherwise provided.