NC CHARTER SCHOOL ADVISORY BOARD (NEW).

View NCGA Bill Details2013-2014 Session
Senate Bill 337 (Public) Filed Thursday, March 14, 2013
A BILL TO BE ENTITLED AN ACT TO CREATE THE NORTH CAROLINA CHARTER SCHOOLS ADVISORY BOARD AND MAKE OTHER CHANGES TO CHARTER SCHOOL LAWS.
Intro. by Tillman, Soucek.

Status: Ch. SL 2013-355 (Senate Action) (Jul 25 2013)

SOG comments (1):

Long title change

The House committee substitute to the 4th edition amends the act's long title. The original long title was: A BILL TO BE ENTITLED AN ACT TO CREATE THE NORTH CAROLINA PUBLIC SCHOOL CHARTER BOARD AND MAKE OTHER CHANGES TO CHARTER SCHOOL LAWS.

Bill History:

S 337/S.L. 2013-355

Bill Summaries:

  • Summary date: Jul 26 2013 - More information

    AN ACT TO CREATE THE NORTH CAROLINA CHARTER SCHOOLS ADVISORY BOARD AND MAKE OTHER CHANGES TO CHARTER SCHOOL LAWS. Enacted July 25, 2013. Section 3 is effective for taxes imposed for taxable years beginning on or after July 1, 2013. Section 7 is effective August 1, 2013. The remainder is effective July 25, 2013. GS 115C-238.29H(d), as enacted by this act, applies to proceedings commenced on or after the effective date.


  • Summary date: Jul 23 2013 - More information

    Withdraws previous conference report #1and instead submits conference report #2, which makes the following changes to the 7th edition but is otherwise identical to the conference report #1.

    Amends GS 115C-238.29F to require at least50% of the charter school's teachers to hold teacher licenses (was, required at least75% of the teachers in grades kindergarten through five and 50% of the teachers in grades six through 12to hold teacher certificates), except requires all teachers in core subject areas of math, science, social studies, and language arts to be college graduates.

    Amends subdivision (1) of new GS 115C-238.29F(e1) to require thatthe board of directors of a charter school that is located in a local school administrative unit (LEA) which has adopted a criminal background check policy under GS 115C-332 to adopt a policy that mirrors that of the LEA andto requireemployment applicants toundergo a criminal history check as defined in GS 115C-332.Deletes language that specifies that the board of directors of a charter school cannot require a jobapplicantto pay for the criminal history check.


  • Summary date: Jul 16 2013 - More information

    Conference report makes the following changes to the 7th edition.

    Amends GS 115C-238.29A by amending the membership of the NC Charter Schools Advisory Board to remove the vice-chair of the Advisory Board from those members appointed by the Governor. Makes conforming changes. Adds that the Advisory Board must annually elect a vice-chair from among its membership. Adds that any appointed member of the Advisory Board may be removed by a vote of at least two-thirds of the members of the Advisory Board at any meeting for any cause that renders the member incapable or unfit to discharge the duties of the office.

    Amends GS 115C-238.29B to add that the State Board of Education (State Board) must establish reasonable fees of no less than $500 and no more than $1,000 for initial and renewal charter applications. Prohibits refunding application fees if the application is rejected or the charter is revoked.

    Amends GS 115C-238.29F to require at least 25% of the charter school's teachers to hold teacher licenses (was, at least 50% of the teachers hold teacher certificates). Deletes proposed changes concerning the racial and ethnic composition of the school's population, enrollment priority, and lottery procedures for siblings.

    Amends GS 115C-238.29G to allow the State Board, in addition to termination or not renewing a charter, to also seek applicants to assume the charter through a competitive bid process upon six specified grounds. Provides that if a charter school is inadequate and has had a charter for more than five years, the State Board is authorized to terminate, not renew, or seek applicants to assume the charter through a competitive bid process (was, authorized to terminate or not renew the charter). Adds that the State Board must adopt rules on the assumption of a charter that include all aspects of the operation of the school. Provides that public assets would transfer to the new entity and not revert to the local school administrative unit where the charter school is located.

    Amends GS 115C-238.29H to delete proposed language concerning interest if a local school administrative unit fails to timely comply with the transfer of required funds for a student attending a charter school and concerning the return by the charter schools of a greater share of funds than what is required.

    Adds a provision amending GS 105-275 to exclude from the tax base real property that is occupied by a charter school and wholly and exclusively used for educational purposes, regardless of the ownership of the property. Effective for taxes imposed for taxable years beginning on or after July 1, 2013.


  • Summary date: Jul 8 2013 - More information

    House amendment #2 makes the following change to the 6th edition. Prohibits construing any provisions of this act to affect pending litigation.


  • Summary date: Jun 27 2013 - More information

    House amendment makes the following changes to the 6th edition.

    Amends GS 115C-238.29H, State and local funds for a charter school, providing that the local school administrative unit and charter school may use mediation, as provided for in GS 115C-238.29G(c), to resolve differences on calculation and transference of the per pupil share of the local current expense fund.


  • Summary date: Jun 27 2013 - More information

    House committee substitute to the 5th edition makes the following changes.

    Amends GS 115C-238.29A(b) to add the requirement that the NC Charter Schools Advisory Board report to the State Board of Education.

    Deletes proposed changes to GS 105-275, which designated real property occupied by a charter school and used for education purposes as a special class excluded from the tax base.

     


  • Summary date: Jun 25 2013 - More information

    House committee substitute makes the following changes to the 4th edition.

    Amends GS 115C-238-29A to replace the North Carolina Public Charter Schools Board (Charter Board)with the North Carolina Charter Schools Advisory Board (Advisory Board). Locates the Advisory Board within the Department of Public Instruction (DPI). Identifies the powers and duties of the Advisory Boardas follows: (1)to make recommendations to the State Board of Education (SBE)on the adoption of rules regarding all aspects of charter school operation; (2) to review applications and make recommendations to the SBE for final approval of charter applications; (3) to make recommendations to the SBE on actions regarding a charter school, including renewals, non-renewals, and revocation of charters; and (4) to undertake any other duties and responsibilities assigned by the SBE.Requires that the Advisory Board be treated as a board for purposes of GS Chapter 138A. Deletes provisions regarding powers and duties of the previous Charter Board and makes conforming changes deletingallreferences tothe Charter Board and replacing them with Advisory Board. Provides that there be one member appointed to the 11-member Advisory Board by the SBE (was, appointed by the State Treasurer or the Treasurer's designee). Further amends the appointment of members.

    Amends GS 115C-238.29B to remove the fee for initial and renewal charterschool applications.

    Amends GS 115C-238.29D to return authority for granting final approval of a charter school application to the SBE (was, granted authority to the Charter Board). Requires the SBE to act by January 15 (was, March 15) of a calendar yearon all applications and appeals it receives prior to a date established by the Office of Charter Schools for receipt of applications in the prior calendar year (was, received prior to February 15 of the previous calendar year).

    Amends GS 115C-238.29E to reinstate language that makes all charter schools accountable to the SBE (was, the Charter Board) for ensuring compliance with applicable laws and the provisions of their charters. Requires a charter school to operate under the written charter signed by the SBE and the applicant.

    Amends GS 115C-238.29F to require that at minimum, 50% of the teachers employed by a charter school in grades kindergarten through12 must have teaching certificates (was, 75% for teachers of students in grades kindergarten through five).Requires that all teachers of core subjects in grades kindergarten through 12 be college graduates (requirement was limited to teachers of students in grades six through 12).

    Removes authority granted to the CharterBoard in the previous edition regarding funding, supervision, and revocation of charters and restores that authority to the SBE.

    Directs the board of directors of each charter school to adopt a policy as to whether or under what circumstancesa school personnel position job applicant will be required to undergo a criminal history background check. Prohibits a board of directorsfrom requiring an applicant topay for a criminal history check. Clarifies that the SBE's and board of directors of a charter school'simmunity from liability for negligence does not extend to gross negligence, wanton conduct, or intentional wrongdoing.

    Requires that within one year orafter a charterschoolbegins operations, the school's population should reasonablyreflect the racial and ethnic composition of the populationthat the school intends to serve that is residing within the LEA where the school is located. Permits a charter school to give enrollment priority to: (1)the siblings of currently enrolled students who wereadmitted toa charter school in a previous year; (2) children of all school employees; (3) the children of the board of directors for a limited three years of operations and limits the number of these children to no more than 10% of the population or 20 students, whichever is less;(4) a student previously enrolled in the charter schoolwho left to participate in an extraordinary educational opportunity or because of a vocational opportunity for the student's parent; and (5) children of the school's principal, teachers, and teachers assistants. Specifies lottery procedures for siblings seeking admission to a charter school and clarifies the definition of siblings for the purposes of this section.

    Provides that upon dissolution of a charter school or the non-renewal of a charter, all of the net assets of the charter school that were purchased with public funds are the property of the LEA in which the charter school is located (was, property of the state and returned to the General Fund).

    Amends GS 115C-236.29G to declare that the SBE may terminate or not renew a charter based on a list of specified grounds (was, vested authority to not renew a charter or seek charter applicants in the Charter Board). Deletes additional changes from the previous edition regarding authority to not renew or terminate a charter and replaces the amended provisions with current law.

    Amends GS 115C-238.29H, which directs an LEA to transfer the per-pupil share of the local current expense fund to a charter school when a student that would otherwise attend that LEA attendsa charter school. Requires the LEA to transfer the funds to the charter school within 30 days of receipt of the funds into the local current expense fund and to make necessary adjustments within 30 days (was, within 30 daysof certification of the average daily membership (ADM) by the SBE). Also requires a charter schoolreceiving a greater share of funds than is requiredunder this sectionto return those funds within 30 days unless the LEA and the charter school have another agreement regarding the overpayment of funds. Provides that interest at the legal rate will accruefrom the date of the delinquency on funds not transferred by either the LEA or the charter school as appropriate within the 30-dayrequirement. Provides that before beginning an action based on a failure to transfer funds as required under this section, that the complaining party givethe other party 15 days' written notice ofthe alleged violation.

    Makes a conforming change, deleting amendments to GS 135-5.3(b) and GS 135-48.54(b) to remove references to the Charter Board, dissolved in this act.

    Amends GS 143B-426.40A, adding a new subsection (m) to provide that thisstatute does not apply to assignments to charter schools to obtain funds for facilities, equipment, or operations under GS 115C-238.29H.

    Amendsthe initial appointments to the Advisory Board by the Governorto include the vice-chair and the chair.Initial appointments also include one member appointed by the SBE to serve until June 30, 2015.

    Provides that Section 7 of this act, which abolishes the North Carolina Charter School Advisory Council as established by the SBE on August 4, 2011, by Policy TCS-B-006 is effective August 1, 2013.

    Amends this act's long title.


  • Summary date: May 7 2013 - More information

    Senate amendments make the following change to the 3rd edition.

    Amendment #1 makes the following changes.

    Deletes proposed GS 115C-238.29A1, North Carolina Public Charter Schools Board established, from the previous edition.

    Amends GS 115C-238.29A, renaming Chapter to Purpose of charter schools and establishment of North Carolina Public Charter Schools Board.  Creates the 11-member North Carolina Public Charter Schools Board (Charter Board), located in the Department of Public Instruction but exercising its powers and duties independently of the State Board of Education and Department of Public Instruction. Includes the State Superintendent of Public Instruction as a secretary and nonvoting member. Sets out membership qualifications, terms of office, filling of vacancies, and meeting times and provides for officers and removal of members. Sets the Office of Charter Schools as the principal administrative unit under the direction of the Charter Board. Establishes the Charter Board's duties, including overseeing the process for accepting and approving applications for charters and overseeing the process for monitoring the operation of charter schools. Gives the State Board of Education veto power (with three-fourths vote) over any action adopted by vote of the Charter Board if the State Board's veto is taken within 45 days of the date of the Charter Board's vote to adopt the action. Makes a conforming change.

    Senate amendment #2 makes the following changes to the 3rd edition.

    Provides that during its first year of operation, a charter school may give enrollment priority to children of the initial members of the charter school's board of directors, so long as (i) these children are limited to no more than 10% of the school's total enrollment or to 20 students, whichever is less, and (ii) the charter school is not a former public school (was, is not a former public or private school).

    Senate amendment #3 makes the following changes to the 3rd edition.

    Amends GS 115C-238.29E(e), to provide that if a charter school has requested to lease available buildings or land and is unable to reach an agreement with the local board of education, the charter school has the right to appeal to the board of commissioners of the jurisdiction in which the building or land is located. The board will have the final decision-making authority on the leasing of the available building or land (previously, provided that at the request of the charter school, a local board of education in the LEA where the charter school will be located must lease any available land or building to the charter school for $1 per year unless the board demonstrates that such a lease is not economically or practically feasible.  Also provided that if the local board leases the facility to a charter school for $1.00 per year, the charter school is responsible for maintenance and insurance for the school facility).

    Senate amendment #5 makes the following changes to the 3rd edition.

    Amends GS 115C-238.29F(e), Employees, deleting the proposed provisions in subsection (6) and providing that if the local board of education where the charter school is located adopts policies requiring criminal history checks under GS 115C-332, then the board of directors of each charter school in that LEA must adopt a policy mirroring the local board of education's requirement of criminal history checks. Directs each charter school board of directors to apply its mirroring policy uniformly to applicants for employment. Allows conditional employment while checking a person's criminal history and making a decision based on the check.

     

     

     


  • Summary date: May 1 2013 - More information

    Senate committee substitute makes the following changes to the 2nd edition.

    Reinstates the requirement that all teachers employed by a charter school who teach core subject areas of math, science, social studies, and language arts in grades six through 12 be college graduates. Provides that a charter school's board of directors may discharge teachers andemployees who are not licensed(was, noncertificated). Directs the NC Public Charter Schools Board (Charter Board) to adopt rules establishing the circumstances under which a charterschool must check the criminal history of a job applicant before making the applicant an unconditional job offer (was, required each charter school board of directors to adopt a policy on whether and under what circumstances to conduct a criminal history check on anapplicant for employment). Directs each charter school board of directors toapply the rules uniformly tojob applicants.

    Clarifies that the appropriation or use of a fund balance or of interest income by a local school administrative unit (LEA) is not to be construed as a local current expense appropriation that is included as a part of the local current expense fund.

    Abolishes the North Carolina Charter School Advisory Council, established by the State Board of Education on August 4, 2011.

    Deletes changes to GS 105-278.4(a), which conferred tax exempt status on buildings used wholly and exclusively for educational purposes by the owner, a nonprofit educational institution occupying the building, and a charter school even if the charter did not own the building. Instead, amends GS 105-275 to include real property occupied by a charter school and used wholly and exclusively for educational purposes, as defined in GS 105-278.4(f), in the classes of property designated as special classes under Article V. �_ 2(2) of the NC Constitution and excluded from tax regardless of who owns the property. Effective for taxable years beginning on or after July 1, 2013.


  • Summary date: Apr 3 2013 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Provides that the State Treasurer and the Lieutenant Governor may fill their seats on the 11-member Charter Board with their designees.

    Permits the removal of any appointed member of the Charter Board by a vote of at least two-thirds of the board members.Deletes the exception for the Lieutenant Governor and the Superintendent of Public Instruction.

    Makes a clarifying change to GS 115C-238.29E to provide that a charter school operates under the written charter signed by the Charter Board and the applicant (was, operates undera written charter signed by the charter school and the entity to which the charter school is accountable).

    Amends GS 115C-238.29F to reinstate provision that the State Board of Education (SBE) provides funds to charter schools.

    Provides in GS 115C-238.29H(d) that the court is to award reasonable attorneys' fees and costs to the prevailing party in an action to enforce the provisions that require the local administrative unit (LEA) in which the child resides to transfer to the charter school that the child attends an amount equal to the per pupil share of the local current expense fund of that LEA. Deletes provision that directs that the above provision applies to any final judgment entered from and after the effective date of the above provision. Makes organizational changes, re-labeling the subsections. Provides that GS 115C-238.29H(d) applies to proceedings begun on or after the effective date of this act.

    Makes conforming changes to GS GS 135-5.3(b) and GS 135-48.45(b) to incorporate reference to the Charter Schools Board established in this act.

    Provides that initial appointments to the Charter Board are to be made by the Governor and General Assembly no later than August 1, 2013 (was, April 1, 2013).


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