Bill Summary for H 514 (2017-2018)

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Summary date: 

Mar 28 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 514 (Local) Filed Tuesday, March 28, 2017
AN ACT TO PERMIT CERTAIN TOWNS TO OPERATE CHARTER SCHOOLS.
Intro. by Brawley.

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Bill summary

Amends the following statutes pertaining to charter schools, applicable only to the Town of Matthews and the Town of Mint Hill.

Amends GS 115C-218, to add new subsection (a1) defining the terms board of a charter school and board of the charter school for the purposes of Article 14A of GS Chapter 115C (Charter Schools) to include (1) the board of directors of a private nonprofit corporation and (2) the governing body of a municipality or a board appointed to operate a charter school by the governing body of a municipality. Makes conforming change to the statute's title. Further, amends subsection (c)(3), setting out the powers and duties of the Office of Charter Schools, to include providing technical assistance and guidance to municipalities seeking to operate charter schools within the State.

Amends GS 115C-218.1, concerning eligible applicants to establish a charter school, and the content and submission of applications for approval, to make the statute's provisions applicable to a municipality seeking to establish a charter school. Requires the application by a municipality seeking to establish a charter school to include the names of the members of the governing body of the municipality. Makes clarifying change providing that a teacher employed by the board of directors of a private nonprofit corporation to teach in the charter school can serve as a nonvoting member of the board of directors for the charter school.

Amends GS 115C-218.15, concerning charter school operation, to provide for the operation of a charter school by a governing body of a municipality. Makes changes to reorganize existing language into new subsection (b1), concerning the required adoption of a conflict of interest and anti-nepotism policy, clarifying the provisions are applicable to a private nonprofit corporation's board of directors operating a charter school. Adds new subsection (b2) requiring the governing body of a municipality operating a charter school to adopt a conflict of interest and anti-nepotism policy related to the charter school that includes the requirements of subdivisions (2) and (3) of subsection (b1), concerning prior disclosure and approval of any immediate family of any member of the board or charter school employee for employment as an employee, independent contractor, or as otherwise engaged or employed by the board of directors in any capacity, and disqualification from serving as a member of the charter school's board of directors because of the existence of a conflict of interest. 

Amends GS 115C-218.45(f) to allow a charter school that is operated by a municipality to give enrollment priority to domiciliaries of the municipality.

Amends GS 115C-218.90(a), concerning employment requirements, to make the requirements of subdivision (1) applicable to both the charter school's board of directors or the governing body of a municipality. Makes changes to clarify that the provisions of subdivision (4) apply to a charter school operated by a private nonprofit corporation. Adds new subdivision (a4) deeming the employees of a charter school operated by a municipality to be employees of that municipality and eligible for any employee benefits including retirement and health benefits provided to other employees of that municipality. 

Makes conforming changes to GS 115C-218.2(b), GS 115C-218.15(d), GS 115C-218.20(a), GS 115C-218.25, GS 115C-218.45(f), GS 115C-218.50(b)(2), GS 115C-218.70, GS 115C-218.75(a), GS 115C-218.90(b), GS 20-11(n)(4)d, GS 20-84(b)(3a), GS 105-228.90(b)(1), GS 115C-75.12(a)(4)a, and GS 115C-375.3 to remove references to the board of directors, board of directors of the nonprofit corporation, charter school board of directors, charter board member, and nonprofit corporation to instead refer to the board of a charter school, the board of the charter school, member of a board of a charter school, or an entity chartered under GS 115C-218.5.

Applies to applications to establish a charter school submitted on or after that date.