Bill Summary for H 729 (2021-2022)
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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.
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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.
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.
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).
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.
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.
Specifies that the act applies beginning with the 2021-22 school year.