The Governor vetoed the act on 08/23/21. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2021/52831/0/H729-BD-NBC-9134
CHARTER SCHOOLS OMNIBUS.
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View NCGA Bill Details | 2021 |
AN ACT TO AUTHORIZE ALL GOVERNING BOARDS OF PUBLIC SCHOOL UNITS TO REQUEST RESIDENCY LICENSES AND TO CHANGE THE MEMBERSHIP OF THE NORTH CAROLINA CHARTER SCHOOLS ADVISORY BOARD AND CREATE A STAGGER FOR THE APPOINTMENTS TO THE BOARD.Intro. by Yarborough, Hardister, Bradford, Brody.
Bill History:
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Wed, 28 Apr 2021 House: Filed
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Thu, 29 Apr 2021 House: Passed 1st Reading
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Tue, 11 May 2021 House: Reptd Fav Com Substitute
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Tue, 11 May 2021 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Tue, 11 May 2021 House: Reptd Fav
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Tue, 11 May 2021 House: Cal Pursuant Rule 36(b)
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Tue, 11 May 2021 House: Added to Calendar
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Tue, 11 May 2021 House: Withdrawn From Cal
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Tue, 11 May 2021 House: Placed On Cal For 05/12/2021
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Wed, 12 May 2021 House: Passed 2nd Reading
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Wed, 12 May 2021 House: Amend Tabled A1
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Wed, 12 May 2021 House: Passed 3rd Reading
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Wed, 12 May 2021 House: Special Message Sent To Senate
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Wed, 12 May 2021 Senate: Special Message Received From House
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Wed, 12 May 2021 Senate: Passed 1st Reading
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Wed, 12 May 2021 Senate: Ref To Com On Rules and Operations of the Senate
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Thu, 15 Jul 2021 Senate: Withdrawn From Com
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Wed, 4 Aug 2021 Senate: Reptd Fav Com Substitute
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Wed, 4 Aug 2021 Senate: Com Substitute Adopted
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Wed, 4 Aug 2021 Senate: Re-ref Com On Rules and Operations of the Senate
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Thu, 5 Aug 2021 Senate: Reptd Fav
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Mon, 9 Aug 2021 Senate: Passed 2nd Reading
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Mon, 9 Aug 2021 Senate: Passed 3rd Reading
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Tue, 10 Aug 2021 Senate: Regular Message Sent To House
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Tue, 10 Aug 2021 House: Regular Message Received For Concurrence in S Com Sub
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Wed, 11 Aug 2021 House: Cal Pursuant 36(b)
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Wed, 11 Aug 2021 House: Added to Calendar
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Wed, 11 Aug 2021 House: Concurred In S Com Sub
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Wed, 11 Aug 2021 House: Ordered Enrolled
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Thu, 12 Aug 2021 House: Ratified
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Fri, 13 Aug 2021 House: Pres. To Gov. 8/13/2021
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Mon, 23 Aug 2021 House: Vetoed 08/23/2021
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Mon, 23 Aug 2021 House: Received from the Governor
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Tue, 24 Aug 2021 House: Ref To Com On Rules, Calendar, and Operations of the House
Bill Summaries:
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Bill H 729 (2021-2022)Summary date: Aug 23 2021 - View Summary
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Bill H 729 (2021-2022)Summary date: Aug 4 2021 - View Summary
Senate committee substitute deletes the content of the 2nd edition and replaces it with the following.
Part I.
Amends GS 115C-270.20(a)(5), which sets forth requirements for a residency license (class of teacher license), to refer to the governing board of a public school unit requesting the license rather than a local board of education. Applies to individuals seeking licensure on or after the date the act becomes law.
Part II.
Amends GS 115C-218(b)(2), Membership of the NC Charter Schools Advisory Board (Board), to make the State Superintendent a voting member and secretary of the Board and to reduce the number of members appointed by the State Board of Education to one member (was, two). Establishes that three members appointed by the General Assembly to fill terms expiring in 2021 will serve two-year terms instead of four-year terms in order to stagger appointments to the Board. Applies to appointments made on or after the date the act becomes law.
Changes the act's long title.
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Bill H 729 (2021-2022)Summary date: May 11 2021 - View Summary
House committee substitute amends the 1st edition as follows.
Deletes the content of previous Part II., which enacted GS 115C-218.27 providing that a charter school is not obligated to give a local board of education demographic information on its student body or any individual student enrolled at the charter school except to the extent the information is necessary for the local school administrative unit to verify that a student enrolled in the charter school resides within the local school administrative unit. Makes conforming organizational changes to the act.
Part III.
Revises proposed GS 115C-218.107 to state the NCGA's intent to ensure that all State funds (was, funds) for public school students attending charter schools are provided in amounts on a basis comparable (was, that are comparable) to funds provided for public school students attending other public school units.
Part IV.
Revises the proposed changes to GS 115C-270.20, amending the requirements for licensure for a residency license to include when the license is requested by the governing board of a public school unit (was, requested by a charter school board of directors as an alternative to the local board).
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Bill H 729 (2021-2022)Summary date: Apr 29 2021 - View Summary
Part I.
Amends GS 115C-218.85 to allow a charter school to meet the required number of instructional hours/days by providing in-person or blended instruction, with blended instruction referring to a combination of remote and in-person classroom instruction. Amends GS 115C-218.8 by adding that providing blended instruction is not considered a material revision of the charter.
Part II.
Enacts new GS 115C-218.27 providing that a charter school is not obligated to give a local board of education demographic information on its student body or any individual student enrolled at the charter school except to the extent the information is necessary for the local school administrative unit to verify that a student enrolled in the charter school resides within the local school administrative unit.
Part III.
Amends GS 115C-218.100 which requires that upon dissolution of a charter school, all of the school's net assets purchased with public funds be deemed the property of the local school administrative unit in which the charter school is located; now excludes capital-sourced assets from this requirement. Defines capital-sourced assets as including: (1) capital funds provided to a charter school by one or more counties pursuant to new GS 115C-218.105(b1) and (2) net assets purchased or improved with such funds, up to the total amount of the funds provided. Deems capital-sourced assets to be the property of the county or counties providing the funding and, if applicable, divided between the counties in proportion to the funds provided.
Enacts new GS 115C-218.105(b1) allowing counties to provide funds to charter schools by direct appropriation under new GS 153A-460 and limits the use of those funds to: (1) the acquisition of real property for school purposes; (2) the acquisition, construction, reconstruction, enlargement, renovation, or replacement of buildings and other structures; and (3) the acquisition or replacement of furniture and furnishings, instructional apparatus, technology, data-processing equipment, business machines, and similar items of furnishings and equipment. Enacts new (b2) providing that if a charter school uses funds provided in subsection (b1) to acquire or improve property, the amount provided by the county must be evidenced by a promissory note and secured by a deed of trust on the property acquired or improved by the funds. Allows the county to subordinate the deed of trust to other liens to facilitate the acquisition or improvement of the property secured by the deed of trust. If the charter school repays the amount to the county, the county must, for the property acquired or improved by the funds, execute and file a deed of release or other documentation of satisfaction showing the charter school repaid the county in the amount of the capital funds provided.
Amends GS 153A-149 to allow a county to levy property tax for the purpose of providing capital funds for charter schools.
Enacts new GS 150A-460 authorizing counties to appropriate funds and lease real property to charter schools and limits the use of funds to the purposes described above in new GS 115C-218.105(b1).
Part IV.
Enacts new GS 115C-218.107 stating the NCGA's intent to ensure that all funds for public school students attending charter schools are provided in amounts comparable to funds provided for public school students attending other public school units.
Part V.
Amends GS 115C-270.20 by amending the requirement for licensure for a residency license to include when the license is requested by a charter school board of directors.
Part VI.
Specifies that the act applies beginning with the 2021-22 school year.
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Bill H 729 (2021-2022)Summary date: Apr 28 2021 - View Summary
To be summarized.
Senate committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO MAKE CHANGES TO THE LAWS GOVERNING CHARTER SCHOOLS.