Bill Summary for H 800 (2017-2018)

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Summary date: 

Apr 12 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 800 (Public) Filed Tuesday, April 11, 2017
AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS AFFECTING CHARTER SCHOOLS.
Intro. by Bradford, Saine, Stone, Grange.

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Bill summary

Part I.

Amends GS 115C-218.45 to allow a charter school to give enrollment priority to children of permanent employees of a charter partner, limited to no more than 50% of the school's total enrollment. Defines a charter partner as any legal entity authorized to transact business in this State under GS Chapters 55, 55A, 55B, 57D, or 59 and that has donated one or more of the following to the charter school: (1) the land on which the school is built; (2) the school building or the space the school occupies (with additional provisions governing when the charter partner is leasing the building or space to the school); or (3) major renovations (as defined in the act) to the existing school building or other capital improvements, including major investments in technology. Requires the charter partner and the charter school to enter into a memorandum of understanding each year that the charter school provides the charter partner with enrollment priority, that specifies the duration of the priority and the methods by which the charter partner will support the charter school. Prohibits implementing the enrollment priority in a way that displaces students who are enrolled at the school at the time the charter application or the material revision providing for the priority is approved by the State Board of Education.

Amends GS 115C-218.1 to require a nonprofit corporation's application to establish a charter school to also include whether the school intends to give enrollment priority to the child of a charter partner, and requires that the partner be identified.

Amends GS 115C-218.7 to consider adoption of the enrollment priority in GS 115C-218.45(f)(3)c (appears to intend the new priority for children of charter partners) as a material revision of the charter.

Amends GS 115C-218.15 to allow a person affiliated with a charter partner to be a member on the board of directors of the charter school that provides enrollment priority and sets parameters related to that membership.

Part II.

Amends GS 115C-218.90 to allow a charter school's board of directors to contract with an education management organization or charter management organization to provide teachers.

Part III.

Enacts GS 115C-218.106 to mandate, for each student enrolled in a charter school, the board of county commissioners of the county in which the local administrative unit is located where the student resides must appropriate to that charter school an amount equal to the per pupil appropriation from the county to the local school administrative unit(s) for local current expenses. Directs the total membership of the charter school of students residing in the county for the budget year to be determined and certified to the charter school and the board of county commissioners by the State Board of Education by October 1 of each school year. Provides that the amount of the per pupil appropriation that consists of revenue derived from supplemental taxes is only to be provided to a charter school located in the tax district for which the taxes are levied and in which the student resides. Directs funds to be transferred from the board of county commissioners to a charter school at the same time that funds are transferred to the local school administrative unit or units. 

Amends GS 115C-218.105 to eliminate all provisions pertaining to local funds for a charter school. Makes conforming change to repeal GS 115C-448(d).

Amends GS 153A-149(b) to provide that each county can levy property taxes without restriction as to the rate or amount for the purpose of providing the county's share of the cost of kindergarten, elementary, and secondary public schools, which includes charter schools chartered under Article 14A of GS Chapter 115C (currently, does not specify charter schools are included), and post-secondary public education.

Amends statutory references in Section 8.35(e) of SL 2014-100, to now require the State Board of Education to provide state funding to a virtual charter school participating in the virtual charter school pilot program as provided in GS 115C-218.105, and to provide the amount of local funds provided to participating charter schools pursuant to GS 115C-218.106 is to be the lesser of $790 per pupil or the amount computed in accordance with GS 115C-218.106.

Applies beginning with county budget ordinances adopted on or after the date the act becomes law. 

Part IV.

Amends Section 6.5 of SL 2014-101, as amended, to require the State Board of Education to ensure that the rules for a fast-track replication process provide that the decision on whether to grant a charter through the replication process be completed in less than 90 days from the application submission date and requires a decision no later than October 15 of the year immediately preceding the year of the proposed school opening.

Part V.

Applies beginning with the 2017-18 school year, unless otherwise provided.