Senate amendments make the following changes to the 2nd edition.
Amendment #1
Amends GS 115C-218.5(f) concerning material revision of a charter school application, adding language that provides that it is not a material revision to expand to offer one grade higher if the charter has operated for at least three years and is not identified as having inadequate performance pursuant to GS 115C-218.95(b) and has been in financial compliance as required by the State Board of Education (previously, did not include the provision concerning financial compliance).
Amendment #2
Enacts GS 115C-218.1(d), concerning charter school applications, providing that, as part of the application review process, the State Board of Education (Board) and the NC Charter Schools Advisory Board are required to evaluate charter school applications based on the content and substance of the application as well as provide timely notification to an applicant concerning any formatting issues or incomplete information regarding the application. Requires at least a five business day window for applicants to correct such issues. Also requires the NC Charter School Advisory Board to allow an applicant at least 10 minutes to address the advisory board prior to any final vote on an application.
Amends GS 115C-218.5, concerning final approval of charter school applications, adding language that requires the State Board of Education to give equal consideration to all applications that were previously denied for being incomplete.
Bill Summaries: S456 (2015-2016 Session)
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Bill S 456 (2015-2016)Summary date: Apr 29 2015 - View summary
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Bill S 456 (2015-2016)Summary date: Apr 28 2015 - View summary
Senate committee substitute makes the following changes to the 1st edition.
Deletes all provisions of the 1st edition and replaces it with the following.
Amends GS 115C-218(b)(10) to require the State Board of Education (State Board) to submit all proposed rules and guidance related to charter schools to the NC Charter School Advisory Board (Advisory Board), and requires the Advisory Board to provide comments and recommendations within 45 days. Prohibits the State Board from adopting any proposed rules and other guidance related to charter schools until comments and recommendations have been received, unless the Advisory Board fails to provide written comments and recommendations within 45 days.
Amends GS 115C-218.1(b)(3) to allow a charter school board of directors to include members who are not state residents, but allows the State Board to require that a majority of the board reside in the state.
Amends GS 115C-218.1(b)(13) to increase the minimum number of students to be served by the charter school from 65 to 80.
Amends GS 115C-218.5 to require the State Board to renew the charter upon the request of the chartering entity for subsequent periods of 10 years (was, allowed renewal for subsequent periods of 10 years). Requires granting approval of a material revision of a charter application for a charter school to increase its enrollment during the charter school's second year of operation and annually thereafter by up to 20% of the school previous year's enrollment unless: (1) the charter school has been notified by the State Board in the previous year of failure to meet requirements for student performance contained in the charter or failure to meet generally accepted standards of fiscal management or (2) the charter school is not in compliance with state law, federal law, the school's own bylaws, or the provisions set forth in its charter granted by the State Board (was, increases in enrollment during the charter school's second year of operation and annually thereafter of up to 20% of the school's previous year's enrollment was not considered a material revision of a charter application).
Amends GS 115C-218.15 to require a charter school board of directors to adopt a conflict of interest and anti-nepotism policy that includes specified provisions.
Amends GS 115C-47 to add a provision concerning the adoption of anti-nepotism policies by local boards of education.
Amends GS 115C-426 to allow other funds to be used to account for reimbursements, including indirect costs, fees for actual costs, and tuition, if necessary to comply with a requirement by a donor of a gift or a grant that the local school administrative unit use a separate fund to account for those funds.
Requires the State Board, upon written recommendation made by the Advisory Board, by September 15, 2015, to amend the process and rules for replication of high‑quality charter schools established in North Carolina State Board of Education Policy TCS‑U‑016 to authorize consideration for fast track replication of a charter application from a board of directors of a North Carolina nonprofit corporation who agrees to contract with an education management organization or charter management organization currently operating a charter school or schools in the State. Requires the State Board to report to the Joint Legislative Education Oversight Committee by November 15, 2015, on the amendment to the process and rules for charter school replication.
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Bill S 456 (2015-2016)Summary date: Mar 25 2015 - View summary
Amends GS 115C-218.5(e) concerning enrollment growth as a material revision of the charter application, providing that the State Board of Education, in its discretion, may approve enrollment growth greater than 20% by considering the specified factors (previously, was required to find all of the specified factors existed). Deletes the requirement that the State Board must find that it is otherwise appropriate to approve enrollment growth in lieu of language that provides that it must consider any other factor it deemed relevant. Effective beginning with the 2015-16 school year.
Amends GS 115C-218.95(b) concerning the adoption of criteria for adequate performance by a charter school, providing that the criteria must include a requirement that a charter school that receives an overall performance grade, calculated pursuant to GS 115C-83.15, of an "F" in any two years in a three-year period is inadequate (previously, included a requirement that a charter school that demonstrated no growth in student performance and had annual performance composites below 60% in any two years in a three-year period was inadequate). Adds language that provides that in cases where the State Board of Education is authorized to terminate or seek applicants to assume the charter school and the school has had a charter for more than five years, the State Board of Education cannot terminate or not renew an inadequate charter for inadequate performance if the academic achievement is comparable to the traditional public school located within a local school administrative unit within a 20 mile radius of the charter school's location or if the school has implemented a strategic plan and is making measurable progress toward adequate student performance goals. Effective beginning with the 2015-16 school year.
Amends GS 115C-218.5(d) to provide that the State Board of Education can renew the charter upon the request of the chartering entity for subsequent periods not to exceed 10 years each (was, periods of 10 years each). Further provides that any renewal must be for a period of 10 years unless one of the specified conditions apply (was, could be for less than 10 years if any of the conditions applied). Applies to any renewal of a charter on or after the date this act becomes law.
Requires the State Board of Education to adopt a process and rules for replication of high-quality charter schools that meet certain requirements, by September 15, 2015. Directs the State Board of Education to report to the Joint Legislative Oversight Committee by November 15, 2015, in regards to the process and rules for charter school replication.