The Governor vetoed the act on 08/23/21. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2021/52831/0/H729-BD-NBC-9134
Bill Summaries: H729 CHARTER SCHOOLS OMNIBUS.
Summary date: Aug 23 2021 - View Summary
Summary date: Aug 4 2021 - View Summary
Senate committee substitute deletes the content of the 2nd edition and replaces it with the following.
Amends GS 115C-270.20(a)(5), which sets forth requirements for a residency license (class of teacher license), to refer to the governing board of a public school unit requesting the license rather than a local board of education. Applies to individuals seeking licensure on or after the date the act becomes law.
Amends GS 115C-218(b)(2), Membership of the NC Charter Schools Advisory Board (Board), to make the State Superintendent a voting member and secretary of the Board and to reduce the number of members appointed by the State Board of Education to one member (was, two). Establishes that three members appointed by the General Assembly to fill terms expiring in 2021 will serve two-year terms instead of four-year terms in order to stagger appointments to the Board. Applies to appointments made on or after the date the act becomes law.
Changes the act's long title.
Summary date: May 11 2021 - View Summary
House committee substitute amends the 1st edition as follows.
Deletes the content of previous Part II., which enacted 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. Makes conforming organizational changes to the act.
Revises proposed GS 115C-218.107 to state the NCGA's intent to ensure that all State funds (was, funds) for public school students attending charter schools are provided in amounts on a basis comparable (was, that are comparable) to funds provided for public school students attending other public school units.
Revises the proposed changes to GS 115C-270.20, amending the requirements for licensure for a residency license to include when the license is requested by the governing board of a public school unit (was, requested by a charter school board of directors as an alternative to the local board).
Summary date: Apr 29 2021 - View Summary
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.
Summary date: Apr 28 2021 - View Summary
To be summarized.