Bill Summary for H 618 (2023-2024)
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View NCGA Bill Details | 2023-2024 Session |
AN ACT TO CONVERT THE CHARTER SCHOOLS ADVISORY BOARD INTO THE CHARTER SCHOOLS REVIEW BOARD, TO SHIFT THE AUTHORITY TO APPROVE CHARTERS FROM THE STATE BOARD TO THE REVIEW BOARD, AND TO CREATE A RIGHT OF APPEAL TO THE STATE BOARD OF EDUCATION FROM REVIEW BOARD DECISIONS.Intro. by Cotham, Moore, D. Hall, Willis.
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Bill summary
Amends GS 115C-218, pertaining to the purposes of charter schools and various administrative bodies related to charter schools, as follows. Changes the NC Charter Schools Advisory Board to the NC Charter Schools Review Board (Review Board). Expands the Review Board’s powers to review and approve or deny charter applications, renewals, and revocations and to make recommendations to the State Board of Education (Board) on matters on appeal before the Board as provided by the act. (Currently, can only make recommendations to the Board and no specification about advising on appeal). Expands the membership of the Review Board from 11 to 12, to include the Superintendent of Public Instruction (SPI) or their designee. Specifies that the Board has the following duties regarding charter schools: (1) establishing all rules for the operation and approval of charter schools so long as those rules are first approved by the Review Board before adoption; (2) allocation funds to charter schools; (3) to hear appeals stemming from decisions of the Review Board; and (4) ensuring accountability from charter schools for school finances and performance. Amends the duties of the Chair of the Review Board to advocate for recommendations of the Review Board at meetings of the Board (currently, can only do so upon the Board’s request). Makes conforming changes to account for new name and role.
Enacts new GS 115C-218.9, providing for a de novo appeal of a decision to grant, renew, revoke, or amend a charter to the Board from the Review Board.
Amends GS 115C-218.20 (civil liability and insurance requirements) to add the Review Board to the list of entities immune from civil liability under the statute. Amends GS 115C-218.90 to provide immunity to the SPI and the Review Board, in addition to the Board, for negligence pertaining to criminal history checks.
Makes conforming changes to GS 115C-218.2 (opportunity to correct applications), GS 115C-218.3 (fast-track replication of high quality charter schools), GS 115C-218.5 (final review of application for charter schools), GS 115C-218.6 (review and renewal of charters), GS 115C-218.7 (material revisions of charters), GS 115C-218.8 (nonmaterial revisions of charters), GS 115C-218.15 (charter school operation), GS 115C-218.30 (reporting requirements), GS 115C-218.35 (pertaining to leases of land), GS 115C-218.45 (admission requirements), GS 115C-218.90 (employment requirements), GS 115C-218.95 (causes for nonrenewal or termination and disputes), GS 115C-218.105 (state and local funds for a charter school), GS 115C-218.110 (pertaining to distribution of information about the charter school process), GS 115C-296.2 (defining public school), GS 135-5.3 (Optional participation in TSERS for certain charter schools) to account for new name and revised powers of the Review Board and Board.
Further amends GS 115C-218.3 to require that an appeal of any decision on a fast-track replication process be issued by the Board by no later than December 1 of the same year the process was initiated.
Amends GS 115-218.20 to provide immunity from civil liability for Review Board members for acts or omissions of the charter school.
Amends GS 135-48.54 (optional participation in state health plan for certain charter schools) to require that the election on whether to become a participating employer in the state health plan be filed with the Review Board, in addition to other entities already listed.
Specifies that the current members of the NC Charter Schools Advisory Board will be the initial members of the Review Board. Sets the following replacement schedule upon expiration of the current members’ terms: (1) one term expiring in 2023 will be replaced with an appointment by the General Assembly upon the recommendation of the Speaker of the House of and (2) two terms expiring in 2023 will be replaced with an appointment by the General Assembly upon the recommendation of the President Pro Tempore of the Senate for two-year terms. As those terms expire in 2025 and thereafter, or as vacancies occur prior to the expiration of those terms, those members on the Review Board will be appointed in accordance with GS 115C-218.
Permits for any applicant or charter school that had an application, charter amendment, renewal, or termination submitted on or after July 1, 2022, that the NC Charter Schools Advisory Board recommended be decided in the applicant or charter school's favor and that the Board then subsequently decided against the NC Charter Schools Advisory Board's recommendation to apply for the decision to be reconsidered by the Review Board. Sets forth process for reconsideration.
Applies beginning with the 2024-25 school year.