House committee substitute replaces the content of the 2nd edition with the following.

Part I.

Amends GS 115C-84.3, which prohibits public school units from using remote instruction to satisfy minimum instructional day and hour requirements, to account for new Part 3A, Remote Academies, to Article 16, GS Chapter 115C, as enacted. 

Repeals the June 30th, 2022, sunset of Section 3, SL 2021-130, which enacts GS 115C-84.3, permitting public school units to use remote instruction up to a certain threshold to meet school calendar requirements, and makes GS 115C-84.3 apply to charter schools, innovative schools, regional schools, laboratory schools, and renewal school systems. Instead, makes the Section applicable beginning with the 2021-22 school year, with no sunset given.

Part II.

Enacts Part 3A, Remote Academies, to Article 16, GS Chapter 115C, as follows. Allows for public school units to apply to the State Board of Education (State Board) for approval of remote academies, defined as a public school whose instruction is primarily online through a combination of synchronous and asynchronous learning, and may include any combination of grade levels. Prohibits public schools from providing the majority of instructional hours through remote instruction except as provided in new Part 3A. Details requirements for student enrollment, with an emphasis on parental consent and student success. Sets an enrollment cap for local school administrative units only, limiting enrollment in remote academies to 15% of the total student enrollment of the unit, and requires local units to comply with class size laws. Allows local units to reassign students during the school year based on academic success, with authority to delegate this duty to the superintendent. Requires remote academies to meet all other requirements of the type of school required by GS Chapter 115C. Lists five instruments and services remote academies must provide to enrolled students, including any required hardware and software for participation at no cost except for instances of damage or loss, access to the Internet, and specified services required by children with an individualized education program. Provides for limited in-person requirements, such as State-mandated student assessments. Details requirements for remote academy employees, including licensure and evaluation requirements of in-person employees of the type of public school, and requires provision of sufficient digital teaching and learning support staff. 

Details the remote academy approval process, including submission of a plan that addresses seven required components, with review and approval by the State Board. Requires adherence to the approved plan unless written approval for modification is obtained from the State Board. Requires approved remote academies to receive a school code; excludes an academy in a unit with less than 100 students in final average daily membership from being entitled to 12 months of employment for a principal. Provides for annual evaluation of remote academies by the State Board; directs the State Board to annually report to the specified NCGA committee on the evaluations. 

Directs the State Board to make its first evaluation report by November 15, 2024.

Repeals SL 2021-130, Section 3B(c), which bars public school units from using virtual instruction to satisfy the minimum required number of instructional days or hours after June 30, 2022, without express authorization from the General Assembly, except for local school administrative units that were assigned a school code to operate a school with virtual instruction as the primary means of instruction as of May 1, 2021. Instead, allows a public school unit assigned a school code to operate a school with virtual instruction as the primary means of instruction as of May 1, 2021, to continue to operate that school for the 2022-23 school year, and a public school unit that submitted a virtual instruction plan for the 2021-22 school year to the Department of Public Instruction to continue to provide virtual instruction in accordance with that plan for the 2022-23 school year.

Applies beginning with the 2023-24 school year. 

Part III.

Amends GS 115C-218.1 to require a charter school that will be a remote academy to include the remote academy plan required under new GS 115C-234.15 in the school's charter application.

Regarding the State Board's review and renewal of charters under GS 115C-218.6, for comparing a remote academy charter school's academic outcomes, requires comparing the remote academy's immediately preceding three years to the average of three comparable local units with similar student populations, measured by school-level metrics collected by the State. 

Permits charter schools, beginning with the 2023-24 school year, to become remote academies by submission of a plan approved by the State Board pursuant to new GS 115C-234.15, or submission of the plan with the charter application or renewal. 

Repeals Section 8.35, SL 2014-100, as amended, which enacts the Virtual Charter School Pilot Program. Requires the pilot to end with the 2021-22 school year, and the two participating schools to be deemed approved as charter schools by the State Board and operate as charter schools, as specified. Provides for the schools' increase in enrollment by up to 20% beginning with 2022-23 without the increase being considered a material revision of their charter. Provides for the schools' contracts to be for five additional years, ending after the 2026-27 school year, whereby the contracts can be renewed for a subsequent 10-year term under GS 115C-218.6, as amended.

Part IV. 

Applies beginning with the 2022-23 school year.