12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT TO REQUIRE CHARTER SCHOOLS REVIEW BOARD APPROVAL OF ALL 2 |
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14 | 15 | | STATE RULES RELATED TO CHARTER SCHOOLS , TO AUTHORIZE THE REVIEW 3 |
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15 | 16 | | BOARD TO HIRE LEGAL COUNCIL, TO EXEMPT CHARTER SCHOOLS FROM 4 |
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16 | 17 | | REPORTING CLASS RANK ON STUDENT TRANSCRIPTS, TO ALLOW CHARTER 5 |
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17 | 18 | | SCHOOLS TO USE ALTERNATE TEACHER EVALUATIONS, TO REQUIRE 6 |
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18 | 19 | | LOW-PERFORMING CHARTERS TO REPORT IMPROVEMENT PLANS TO THE 7 |
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19 | 20 | | REVIEW BOARD ONLY, TO ALLOW THE CHARTER SCHOOLS REVIEW BOARD 8 |
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20 | 21 | | TO REVIEW DECISIONS RELATED TO CHARTER SCHOOL FEDERAL FUNDING , 9 |
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21 | 22 | | TO CREATE AN EXPEDITED APPLICATION PROCESS FOR CERTAIN REMOTE 10 |
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22 | 23 | | CHARTER ACADEMIES, AND TO HAVE REMOTE CHARTER ACADEMIES 11 |
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23 | 24 | | GRADED SEPARATELY . 12 |
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24 | 25 | | The General Assembly of North Carolina enacts: 13 |
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25 | 26 | | SECTION 1.(a) G.S. 115C-218 reads as rewritten: 14 |
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26 | 27 | | "§ 115C-218. Purpose of charter schools; role of State Board of Education; establishment 15 |
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27 | 28 | | of North Carolina Charter Schools Review Board and North Carolina Office of 16 |
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28 | 29 | | Charter Schools. 17 |
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29 | 30 | | … 18 |
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30 | 31 | | (a1) State Board of Education. – The State Board of Education shall have the following 19 |
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31 | 32 | | duties regarding charter schools: 20 |
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32 | 33 | | (1) Rulemaking. – To establish all rules for the operation and approval of charter 21 |
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33 | 34 | | schools. Any rule or policy adopted by the State Board regarding charter 22 |
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34 | 35 | | schools shall first be approved and recommended by the Charter Schools 23 |
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35 | 36 | | Review Board. 24 |
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36 | 37 | | (2) Funding. – To allocate funds to charter schools. 25 |
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37 | 38 | | (3) Appeals. – To hear appeals from decisions of the Charter Schools Review 26 |
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38 | 39 | | Board under G.S. 115C-218.9. 27 |
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39 | 40 | | (4) Accountability. – To ensure accountability from charter schools for school 28 |
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40 | 41 | | finances and student performance. 29 |
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41 | 42 | | (b) North Carolina Charter Schools Review Board. – 30 |
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42 | 43 | | … 31 |
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43 | 44 | | (10) Powers and duties. – The Review Board shall have the following duties: 32 |
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44 | 45 | | a. To make recommendations to the State Board of Education on the 33 |
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45 | 46 | | adoption of propose, recommend, and approve rules and policies 34 |
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46 | 47 | | regarding all aspects of charter school operation, including time lines, 35 |
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49 | 54 | | applications, monitoring of charter schools, and grounds for 1 |
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50 | 55 | | revocation of charters. 2 |
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51 | 56 | | … 3 |
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52 | 57 | | e. To review any decisions or conduct any hearings pursuant to 20 U.S.C. 4 |
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53 | 58 | | § 1231b-2 concerning the provision, repayment, or termination of 5 |
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54 | 59 | | funds provided to a charter school. 6 |
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55 | 60 | | f. To contract for and employ legal counsel, including private counsel, 7 |
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56 | 61 | | to advise, represent, and provide litigation services to the Review 8 |
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57 | 62 | | Board, without need to obtain permission or approval pursuant to 9 |
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58 | 63 | | G.S. 114-2.3 or G.S. 147-17. 10 |
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59 | 64 | | … 11 |
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60 | 65 | | (c) North Carolina Office of Charter Schools. – 12 |
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61 | 66 | | … 13 |
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62 | 67 | | (2) Executive Director. – The Executive Director shall report to and serve at the 14 |
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63 | 68 | | pleasure of the Superintendent of Public Instruction Review Board at a salary 15 |
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64 | 69 | | established by the Superintendent Review Board within the funds 16 |
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65 | 70 | | appropriated for this purpose. The duties of the Executive Director shall 17 |
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66 | 71 | | include presenting the recommendations and decisions of the Review Board 18 |
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67 | 72 | | at meetings of the State Board. 19 |
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68 | 73 | | …." 20 |
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69 | 74 | | SECTION 1.(b) G.S. 115C-218.15(c) reads as rewritten: 21 |
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70 | 75 | | "(c) A charter school shall operate under the written charter signed by the State 22 |
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71 | 76 | | Superintendent and the applicant. The terms of the written charter shall be approved by the 23 |
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72 | 77 | | Review Board. A charter school is not required to enter into any other contract. The charter shall 24 |
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73 | 78 | | incorporate the information provided in the application, as modified during the charter approval 25 |
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74 | 79 | | process, and any terms and conditions imposed on the charter school by the Review Board, or if 26 |
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75 | 80 | | the approval is granted through an appeal pursuant to G.S. 115C-218.9, any conditions imposed 27 |
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76 | 81 | | by the State Board of Education. No other terms may be imposed on the charter school as a 28 |
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77 | 82 | | condition for receipt of local funds." 29 |
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78 | 83 | | SECTION 1.(c) G.S. 115C-218.85 is amended by adding a new subsection to read: 30 |
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79 | 84 | | "(d) Notwithstanding G.S. 116-11(10a) or any other provision of law to the contrary, a 31 |
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80 | 85 | | charter school shall not be required to list class rank on a student's official transcript or record." 32 |
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81 | 86 | | SECTION 1.(d) G.S. 115C-218.90(a) is amended by adding a new subdivision to 33 |
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82 | 87 | | read: 34 |
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83 | 88 | | "(7) A charter school may develop and use any evaluation for conducting 35 |
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84 | 89 | | evaluation of teachers provided that it includes standards and criteria similar 36 |
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85 | 90 | | to those used in the North Carolina Professional Teaching Standards and 37 |
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86 | 91 | | North Carolina Teacher Evaluation Process, or such other evaluation standard 38 |
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87 | 92 | | and process required to be used by local school administrative units." 39 |
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88 | 93 | | SECTION 1.(e) G.S. 115C-218.94 is amended by adding a new subsection to read: 40 |
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89 | 94 | | "(c) The Review Board shall require charter schools that are identified as low-performing 41 |
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90 | 95 | | or continually low-performing to prepare and report on plans to improve the performance of the 42 |
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91 | 96 | | school. The requirements of G.S. 115C-105.27 shall not apply to charter schools." 43 |
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92 | 97 | | SECTION 1.(f) G.S. 115C-218.105 reads as rewritten: 44 |
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93 | 98 | | "§ 115C-218.105. State and local funds for a charter school. 45 |
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94 | 99 | | … 46 |
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95 | 100 | | (a2) The State Board shall may withhold or reduce distribution of funds to a charter school 47 |
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96 | 101 | | if any of the following applies: 48 |
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97 | 102 | | (1) The change in funding is due to an annual adjustment based on enrollment or 49 |
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98 | 103 | | is a general adjustment to allocations that is not specific to the charter or 50 |
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99 | 104 | | actions of that charter school. 51 General Assembly Of North Carolina Session 2025 |
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101 | 106 | | (2) The Review Board notifies the State Board that the charter school has 1 |
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102 | 107 | | materially violated a term of its charter, has violated a State statute or federal 2 |
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103 | 108 | | law, or has had its charter terminated or nonrenewed. 3 |
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104 | 109 | | (3) The Superintendent of Public Instruction Review Board notifies the State 4 |
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105 | 110 | | Board that the charter school has failed to meet generally accepted standards 5 |
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106 | 111 | | of fiscal management or has violated a State or federal requirement for receipt 6 |
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107 | 112 | | of funds. 7 |
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108 | 113 | | … 8 |
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109 | 114 | | (c2) The Superintendent of Public Instruction Review Board shall, in consultation with 9 |
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110 | 115 | | charter schools and local school administrative units, create a standardized enrollment 10 |
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111 | 116 | | verification and transfer request document that each charter school shall use to request the per 11 |
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112 | 117 | | pupil share of the local current expense fund from the local school administrative units. Charter 12 |
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113 | 118 | | schools shall only be required to list the name, age, grade, address, date of charter enrollment, 13 |
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114 | 119 | | date of charter withdrawal, district of residence, and student identification number of each student 14 |
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115 | 120 | | as provided to the charter school by the student's parent or guardian in the enrollment verification 15 |
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116 | 121 | | and transfer request document that the charter school submits to the local school administrative 16 |
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117 | 122 | | units. A charter school, in its discretion, may take further steps to confirm the student's residence 17 |
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118 | 123 | | in a particular local school administrative unit. 18 |
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119 | 124 | | (c3) The Superintendent of Public Instruction Review Board shall, in consultation with 19 |
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120 | 125 | | charter schools and local school administrative units, create a standardized procedure that local 20 |
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121 | 126 | | school administrative units shall use when transferring the per pupil share of the local current 21 |
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122 | 127 | | expense fund to charter schools. The standardized procedure for transfer of the per pupil share of 22 |
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123 | 128 | | the local current expense fund shall require, to the extent practicable, that the local school 23 |
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124 | 129 | | administrative units make the transfers by electronic transfer. 24 |
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125 | 130 | | …." 25 |
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126 | 131 | | SECTION 1.(g) G.S. 115C-218.123 is amended by adding a new subsection to read: 26 |
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127 | 132 | | "(c) If a school is operating under a charter that allows for a remote academy as part of the 27 |
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128 | 133 | | charter, and the school enrolls or intends to enroll 250 or more students in the remote academy, 28 |
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129 | 134 | | the school may request that the Review Board grant the remote academy portion of the school a 29 |
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130 | 135 | | separate charter by submitting the information listed under subsection (a) of this section with the 30 |
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131 | 136 | | request. Requests submitted pursuant to this section shall be reviewed through an expedited 31 |
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132 | 137 | | process to be established by the Review Board. The Review Board shall not require a planning 32 |
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133 | 138 | | year for remote academies granted a charter pursuant to this section." 33 |
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134 | 139 | | SECTION 1.(h) G.S. 115C-218.125 reads as rewritten: 34 |
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135 | 140 | | "§ 115C-218.125. Evaluation. 35 |
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136 | 141 | | (a) The State Board of Education shall evaluate the success of remote charter academies 36 |
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137 | 142 | | approved under this Part. Success shall be measured by school performance scores and grades, 37 |
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138 | 143 | | retention rates, attendance rates, and, for grades nine through 12, high school completion and 38 |
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139 | 144 | | dropout rates. The Board shall report by November 15 of each year to the Joint Legislative 39 |
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140 | 145 | | Education Oversight Committee on the evaluation of these academies and on any recommended 40 |
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141 | 146 | | statutory changes. 41 |
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142 | 147 | | (b) If a school is operating under a charter that includes in-person instruction and a remote 42 |
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143 | 148 | | charter academy, the remote charter academy shall receive a separate school performance grade 43 |
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144 | 149 | | and be treated as a separate school for the purposes of assessing the performance of the remote 44 |
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145 | 150 | | charter academy pursuant to G.S. 115C-12(9)c1., 115C-83.15, 115C-218.94, and 115C-218.95." 45 |
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146 | 151 | | SECTION 2. This act is effective when it becomes law and applies beginning with 46 |
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147 | 152 | | the 2025-2026 school year. 47 |
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