CHARTER SCHOOL/LEA ACCOUNTING OF FUNDS.

View NCGA Bill Details2013-2014 Session
House Bill 273 (Public) Filed Monday, March 11, 2013
A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT CHARTER SCHOOLS MAY USE STATE FUNDS FOR OPERATIONAL LEASES AND MAY ASSIGN STATE FUNDS TO OBTAIN FUNDS FOR FACILITIES, EQUIPMENT, AND OPERATIONS; AND TO REQUIRE ACCOUNTING OF CHARTER SCHOOL FUNDS AND A TIME LINE FOR THE TRANSFER OF FUNDS BY LOCAL BOARDS OF EDUCATION TO CHARTER SCHOOLS AND TO PROVIDE FOR ATTORNEYS' FEES, COSTS AND INTEREST IN ACTIONS TO ENFORCE TRANSFERS.
Intro. by Hardister, Malone, Brandon, Stam.

Status: Ref To Com On Education/Higher Education (Senate Action) (May 20 2013)

SOG comments (1):

Long title change

House amendement to the 3rd edition amends the act's long title. The previous title was: A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT CHARTER SCHOOLS MAY USE STATE FUNDS FOR OPERATIONAL LEASES AND MAY ASSIGN STATE FUNDS TO OBTAIN FUNDS FOR FACILITIES, EQUIPMENT, AND OPERATIONS; TO REQUIRE TRANSFER OF SUPPLEMENTAL TAXES FUNDS TO LOCAL CHARTER SCHOOLS OUTSIDE THE TAX DISTRICT ONLY IF SPECIFIC BALLOT LANGUAGE WAS USED WHEN APPROVED BY THE VOTERS; TO ELIMINATE OTHER FUNDS USED TO ACCOUNT FOR LOCAL SCHOOL ADMINISTRATIVE UNIT EXPENSES; AND TO REQUIRE ACCOUNTING OF CHARTER SCHOOL FUNDS AND A TIME LINE FOR THE TRANSFER OF FUNDS BY LOCAL BOARDS OF EDUCATION TO CHARTER SCHOOLS AND TO PROVIDE FOR ATTORNEYS' FEES, COSTS AND INTEREST IN ACTIONS TO ENFORCE TRANSFERS.

H 273

Bill Summaries:

  • Summary date: May 15 2013 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Amends GS 115C-238.29H(b) to restrict the transfer of revenue derived from supplemental taxes only to a charter school located in the tax district for which the taxes are levied and in which the student resides, if the language on the ballot when the supplemental tax was approved by the voters specified that the supplemental taxes were only to be levied for students attending schools in that specific tax district (was, unconditionally repealed the restriction on transferring supplemental tax revenue outside of the tax district, which allowed funds to follow the student).

    Provides that Section 1 of this act, which includes allowing for the awarding of attorneys' fees inactions to enforce the provisions of subsection (b) of GS 115C-238.29H, applies to any judgment entered after the effective date of this act.

    Current lawrequires that the uniform budget format for local school administrativeunits (LEAs)consist of (1) the State Public School Fund, (2) the local current expense fund, and (3) the capital outlay fund.Current law also allows the use of other funds to account for a varietyof reimbursements. Amends GS 115C-426(c) todelete provisions for the use of other funds to account for reimbursements and to provide that other funds may only be used if necessary to comply with a requirement by a donor that the LEA provide an accounting for trust funds and federal grants restricted as to use.

    Amends the bill title.


  • Summary date: May 15 2013 - More information

    House amendment makes the following changes to the 3rd edition:

    Changes the bill title to conform to changes in the bill.

    Amends GS 115C-238.29H(b) by deleting new language at the end of this subsection that limited transfer of supplemental taxes to charter schools based on ballot language.

    Deletes Section 2 of the bill, which amended GS 115C-426(c).

    Amends the effective date clause to delete language applying Section 1 of the act to any judgment entered after the effective date.


  • Summary date: May 14 2013 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 115C-238.29H(a1) to clarify that charter schools may use state funds for operational loans, in addition to facilities and equipment loans. Amends subsection (b) to clarify that if a student attends a charter school, the local school administrative unit (LEA) must transfer an amount equal to the per pupil share of the local current expense fund (was, appropriation) to the charter school within 30 days (was, 15)of the LEA's receipt of its local current expense appropriation. Provides that if the LEA fails to comply with the requirements of subsection (b) in a timely manner, an interest rate of 8% (was 6%) will accrue on the amount required to be transferred tothe charter school until that amount plus any accrued interest is transferred to the charter school. Repeals the restriction on transferring supplemental tax revenue outside of the tax district, which allows funds to follow the student.

    Enacts new subsection (c) to this section to detail the information that must be provided to charter schools on the calculating of the charter school's share of the local current expense fund.

    Enacts new subsection (d) to this section to provide for the award of attorneys'fees andcosts to the prevailing party in an action to enforce the transfer of funds from LEAs to charter schools. Directs the court to order any delinquent funds, costs, fees, and interest to be paid in equal monthly installments with a time for payment in full no later than three years from the entry of the judgment.

    Adds a new subsection (m) to GS 143B-426.40A,making a conforming change to create an exception that allows a charter school to assign state funds for operational loans under GS 115C-238.29H, as amended in this act.

    Amends the title.


  • Summary date: Mar 11 2013 - More information

    Amends GS 115C-238H(b), requiring local school administrative units to provide charter schools with a detailed accounting of the funds to be transferred to the school equal to the per pupil expense appropriations and to transfer those funds based on a preliminary projection of charter school enrollment provided to the unit by the school. Such transfers must occur no later than 15 days after the local school administrative unit receives its local current expense appropriation.  Any adjustments to the amount transferred must be made by the local school administrative unit within 30 days of the State Board of Education's certification of the charter school's daily membership for the school year.  Failure to comply with these requirements will result in interest accruing at the rate of 6% of the amount due to the charter school until the interest and amount due is transferred.

    Effective when the act becomes law and applies beginning with the 2013-2014 school year.


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