VARIOUS CHARTER SCHOOL LAW CHANGES (New)

View NCGA Bill Details2015-2016 Session
House Bill 242 (Public) Filed Monday, March 16, 2015
AN ACT TO MAKE VARIOUS CHANGES TO THE CHARTER SCHOOL LAWS.
Intro. by Faircloth, Stam.

Status: Ch. SL 2016-79 (House Action) (Jun 30 2016)

SOG comments (2):

Title Change.

House amendment changes the long title. The previous long title is found below:

AN ACT TO EXPAND THE LIST OF CRIMES FOR WHICH AN INVESTIGATIVE GRAND JURY MAY BE CONVENED.

 

Change Long Title

Senate committee substitute to 3rd edition changed long title.  Long title was AN ACT TO EXPAND THE LIST OF CRIMES FOR WHICH AN INVESTIGATIVE GRAND JURY MAY BE CONVENED AND TO CLARIFY THAT RECORDS GATHERED BY AN INVESTIGATIVE GRAND JURY ARE PART OF THE FILE OF THE PROSECUTOR'S OFFICE AND SUBJECT TO DISCLOSURE TO THE DEFENDANT.

Bill History:

H 242/S.L. 2016-79

Bill Summaries:

  • Summary date: Jul 7 2016 - More information

    AN ACT TO MAKE VARIOUS CHANGES TO THE CHARTER SCHOOL LAWS. Enacted June 30, 2016. Section 2 is effective June 30, 2016, and applies beginning with applications submitted for fast-track replication of schools opening in the 2018-19 school year. The remainder is effective June 30, 2016, and applies beginning with the 2016-17 school year.


  • Summary date: Jun 14 2016 - More information

    House amendment #2 makes the following changes to the 4th edition, as amended.

    Amends GS 115C-218.35, concerning the lease of buildings or land to charter schools, by breaking the existing language into four subsections, (a) through (d).

    Also establishes that, for purposes of the statute, a building or land is available if it is closed, vacant, or otherwise unused for classrooms, administrative offices, or extracurricular activities of the schools of the local board of education. 

    Requires the local board of education (local board) to make a decision on the charter's request to lease a building or land within 90 days of the request. Provides that, if the local board does not make a decision within 90 days of the request of the charter school, the local board of education must provide a written explanation of its reasons for not acting on the request within the 90-day time period to the North Carolina Charter Schools Advisory Board and the Joint Legislative Education Oversight Committee.

    Amends the proposed revision to SL 2014-101, Section 6.5, concerning the fast-track replication process, to require the State Board of Education (Board) to ensure that the rules for a fast-track replication process provide that decisions by the Board on whether to grant a charter through the replication process are completed no later than October 15 of the year immediately preceding the year of the proposed school opening (previously, completed in less than 90 days from the application submission date). Makes conforming changes.


  • Summary date: Jun 13 2016 - More information

    Senate amendment makes the following change to the 4th edition.

    Provides that Section 2 of the act, which amends Section 6.5 of SL 2014-101, concerning the fast-track replication process, applies beginning with the applications submitted for fast-track replication of schools opening in the 2018-19 school year, instead of the 2017-18 school year. 


  • Summary date: Jun 8 2016 - More information

    Senate committee substitute makes the following changes to the 3rd edition.

    Deletes all provisions of the 3rd addition and now provides as follows.

    Replaces the long title with AN ACT TO MAKE VARIOUS CHANGES TO THE CHARTER SCHOOL LAWS.

    Changes the short title.

    Amends GS 115C-218.5 by removing provisions of subsection (d), concerning the renewal of charters for a period of 10 years, as well as all of subsections (e) and (f), concerning material and non-material revisions of charters. 

    Enacts new GS 115C-218.6 to provide for the review and renewal of charters, new GS 115C-218.7 to provide for the material revisions of charters, and new GS 115C-218.8 to provide for the non-material revisions of charters.

    New GS 115C-218.6 requires the State Board of Education (Board) to review the operations of each charter school at least once prior to the expiration of its charter (previously, in GS 115C-218.6(d), was once every five years) to ensure that the school is meeting the expected academic, financial, and governance standards. Moves identical language removed from GS 115C-218.5(d), with subdivisions (1) through (3), to new GS 115C-218.6(b), which requires the Board to renew a charter upon request of the chartering entity for subsequent periods of ten years, unless subdivisions (1) through (3) apply. Makes clarifying changes.  Establishes that, if one of the conditions set forth in subdivisions (1) through (3) of the statute applies, then the Board may renew the charter for a period of less than 10 years or not renew the charter.

    New GS 115C-218.7 recodifies the provisions removed from GS 115C-218.5(e) as subsections (a) and (b) of the new statute. Provides that a material revision of the provisions of a charter are to be made only upon approval of the Board. Establishes that enrollment growth of greater than 20% is to be considered a material revision of the charter. Authorizes the Board to approve such additional enrollment growth of greater than 20% only if it finds that subdivisions (1) through (5) apply; these are the same five stipulations that were in GS 115C-218.5(e).

    Enacts new provisions in subsections (c) and (d) of new GS 115C-218.7. Grants the Board discretion to investigate and determine whether subdivision (1) of subsection (b) of the statute, which requires the actual enrollment of the charter school to be within 10% of its maximum authorized enrollment, may be waived to grant the school's material revision request to allow the capital expansion to move forward in the event a charter school pursuing a material revision of enrollment growth, based on a proposed capital expansion of the charter school, fails to meet the requirement of (b)(1). Requires the charter school to supply the Board with documentation to show evidence that demonstrates sufficiently in the Board's discretion that (1) the requested increase in enrollment growth is within a reasonable margin of the threshold necessary to support the requested material revision and (2) the charter school has secured financing for its proposed capital expansion conditioned on its obtaining the requested material revision of enrollment growth. Provides that, in the event the Board grants the request for material revision of enrollment growth based on a proposed capital expansion and the school is not able to realize that capital expansion within two years of the grant of the material revision, the charter must reflect the maximum authorized enrollment immediately preceding that material revision.

    New GS 115C-218.8 recodifies all of the language removed from GS 115C-218.5(f), including subdivisions (1) through (3), concerning non-material revisions of charters. Changes the third subdivision, now subsection (c), as follows. Allows a charter school, without prior approval of the Board, to expand to offer one grade higher or lower than the charter school currently offers if the charter school has (1) operated for at least three years; (2) has not been identified as continually low-performing as provided in GS 115C-218.94, as enacted by the act; and (3) has been in financial compliance as required by the Board.

    Amends GS 115C-218.45(f), authorizing a charter school to give enrollment priority to four categories of persons, by adding two new categories of persons who may be given priority: (1) a student who was enrolled in another charter school in the State in the previous school year that does not offer the student's new grade level and (2) a student who was enrolled in another charter school in the State in the previous school year that does not offer the student's next grade level and both of the charter schools have an enrollment articulation agreement to accept students or are governed by the same board of directors.

    Enacts new GS 115C-218.94 to direct the Board to identify low-performing charter schools on an annual basis. Defines low-performing charter schools as those that receive a school performance grade of D or F and a school growth score of met expected growth or not met expected growth as defined in GS 115C-83.15. Directs the Board to identify continually low-performing charter schools on an annual basis. Defines a continually low-performing charter school as a charter school that has been designated by the State Board as low-performing for at least two of three consecutive years.

    Amends GS 115C-218.95 by repealing subsection (b), which directed the Board to adopt criteria for adequate performance by a charter school and identify charter schools with inadequate performance, and enacting new subsection (b1). Authorizes the Board to terminate, not renew, or seek applicants to assume the charter through a competitive bid process established by the Board if a charter school is continually low-performing. Prohibits the Board from terminating or not renewing the charter of a continually low-performing charter school solely for its continually low-performing status if the charter school has met growth in each of the immediately preceding three school years or if the charter school has implemented a strategic improvement plan approved by the Board and is making measurable progress toward student performance goals. Requires the Board to develop rules on the assumption of a charter by a new entity that includes all aspects of the operations of the charter school, including the status of employees. Provides that public assets will transfer to the new entity and not revert to the local school administrative unit in which the charter school is located pursuant to GS 115C-218.100(b).

    Makes conforming change to the statutory reference in GS 135-5.3(b7)(3).

    Provides that a charter school identified as inadequate that developed and is following a strategic plan required by GS 115C-218.95(b)(1), as repealed by Section 1 of the act, is not required to continue the strategic plan during the 2016-17 school year and thereafter if that charter school has not been identified as low-performing under GS 115C-105.94, as enacted by the act.

    Makes conforming change to GS 115C-218.105(a) to replace the statutory reference to GS 115C-218.5(d) with GS 115C-218.7 and GS 115C-218.8, as enacted by the act.

    Amends GS 115C-218.105(d), concerning the requirements of a local administrative unit when it transfers a per-pupil share of its local current expense fund to a charter school, by adding additional requirements as follows. Requires the local school administrative unit to provide to the Board all of the information required by subsection (d) for each charter school to which it transfers a per-pupil share of its local current expense fund. Requires the information to be provided to the Board by November 1 of each year. Directs the Board to adopt a policy to govern the collection of this required information. Requires the Board to issue a letter of non-compliance to a local school administrative unit that does not provide the Board with the required information.

    Effective when the act becomes law and applies beginning with the 2016-17 school year, except as otherwise provided.

    Amends SL 2014-101, Section 6.5, to establish that the State Board of Education must ensure that the rules for a fast-track replication process, provided for in Section 6.5, provide that decisions by the Board on whether to grant a charter through the replication process are completed in less than 90 days from the application submission date (was, 150 days). Adds that the Board is to provide a decision no later than October 15 of the year immediately preceding the year of the proposed school opening. Establishes that the Board must adopt rules and procedures required by the section within 90 days of the effective date of the act (was, by December 15, 2014), and report to the Joint Legislative Oversight Committee within 120 days of the effective date of the act (was, by February 15, 2015). Applies beginning with applications submitted for fast-track replication of schools opening in the 2017-18 school year.


  • Summary date: Mar 25 2015 - More information

    House amendment #1 makes the following changes to the 2nd edition.

    Changes the long title.

    Amends GS 15A-623(h) to provide that any records gathered in the course of the grand jury investigation as well as the record of the examination of witnesses become part of the file of the prosecutor's office as those terms are defined in GS 15A-903(a)(1).


  • Summary date: Mar 24 2015 - More information

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

    Removes violations of GS 14-230 (failing to discharge duties) from the list of violations for which an investigative grand jury can be convened. 

     


  • Summary date: Mar 16 2015 - More information

    Amends GS 15A-622(i) to expand the list of violations for which an investigative grand jury can be convened to also include allegations of the commission of, attempt to commit or solicitation to commit, or a conspiracy to commit a violation of GS 90-95(h) (specified crimes involving controlled substances), GS 90-95.1 (continuing criminal enterprise), GS Chapter 14, Article 29 or 30 (concerning bribery and obstructing justice), GS 14-228 (buying and selling of offices), GS 14-230 (failing to discharge duties), or GS 14-234 (public officers or employees benefiting from public contracts).  Amends GS 15A-622 providing that a grand jury will be convened if a three-judge panel determines that a submitted written petition for the convening of a grand jury alleges the commission or a conspiracy to commit any of the crimes listed above and found in GS 15A-622(i) [was, if the petition alleges the commission or a conspiracy to commit a violation of GS 90-95(h) (specified crimes involving controlled substances) and GS 90-95.1 (continuing criminal enterprise)].

    Makes conforming and technical changes. 

    Effective October 1, 2015.


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