GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2023
SESSION LAW 2023-110
HOUSE BILL 618
AN ACT to convert the charter schools advisory board into the charter schools review board, to shift the authority to approve charters from the state board to the review board, and to create a right of appeal to the state board of education from review board decisions.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 115C‑218 reads as rewritten:
"§ 115C‑218. Purpose of charter schools; role of
State Board of Education; establishment of North Carolina Charter Schools Advisory
Review Board and North Carolina Office of Charter Schools.
…
(a1) State Board of Education. – The State Board of Education shall have the following duties regarding charter schools:
(1) Rulemaking. – To establish all rules for the operation and approval of charter schools. Any rule adopted by the State Board shall first be recommended by the Charter Schools Review Board.
(2) Funding. – To allocate funds to charter schools.
(3) Appeals. – To hear appeals from decisions of the Charter Schools Review Board under G.S. 115C‑218.9.
(4) Accountability. – To ensure accountability from charter schools for school finances and student performance.
(b) North Carolina Charter
Schools Advisory Review Board. –
(1) Advisory Review
Board. – There is created the North Carolina Charter Schools Advisory Review
Board, hereinafter referred to in this Article as the Advisory Review
Board. The Advisory Review Board shall be located
administratively within the Department of Public Instruction and shall report
to the State Board of Education.
(2) Membership. – The State
Superintendent of Public Instruction, or the Superintendent's designee, shall
be the secretary of the Advisory Review Board and a nonvoting
member. The Advisory Review Board shall consist of the following
11 voting members:
a. Repealed by Session Laws 2016‑126, 4th Ex. Sess., s. 17, effective January 1, 2017.
b. Four members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, in accordance with G.S. 120‑121.
c. Four members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, in accordance with G.S. 120‑121.
d. Two members appointed by the State Board of Education who are not current members of the State Board of Education and who are charter school advocates in North Carolina.
e. The Lieutenant Governor or the Lieutenant Governor's designee.
(3) Covered board. – The Advisory
Review Board shall be treated as a board for purposes of Chapter
138A of the General Statutes.
(4) Qualifications of
members. – Members appointed to the Advisory Review Board shall
collectively possess strong experience and expertise in public and nonprofit
governance, management and finance, assessment, curriculum and instruction,
public charter schools, and public education law. All appointed members of the Advisory
Review Board shall have demonstrated an understanding of and a
commitment to charter schools as a strategy for strengthening public education.
…
(6) Presiding officers and
quorum. – The Advisory Review Board shall annually elect a chair
and a vice‑chair from among its membership. The chair shall preside over
the Advisory Review Board's meetings. In the absence of the
chair, the vice‑chair shall preside over the Advisory Review Board's
meetings. A majority of the Advisory Review Board constitutes a
quorum.
(7) Meetings. – Meetings of
the Advisory Review Board shall be held upon the call of the
chair or the vice‑chair with the approval of the chair.
(8) Expenses. – Members of
the Advisory Review Board shall be reimbursed for travel and
subsistence expenses at the rates allowed to State officers and employees by
G.S. 138‑6(a).
(9) Removal. – Any appointed
member of the Advisory Review Board may be removed by a vote of
at least two‑thirds of the members of the Advisory Review Board
at any duly held meeting for any cause that renders the member incapable or
unfit to discharge the duties of the office.
(10) Powers and duties. – The Advisory
Review Board shall have the following duties:
a. To make recommendations to the State Board of Education on the adoption of rules regarding all aspects of charter school operation, including time lines, standards, and criteria for acceptance and approval of applications, monitoring of charter schools, and grounds for revocation of charters.
b. To review applications
and make recommendations to the State Board for final approval of charter
applications.and approve or deny charter applications, renewals, and
revocations.
c. To make recommendations
to the State Board on actions regarding a charter school, including renewals
of charters, nonrenewals of charters, and revocations of charters.before
the State Board on appeal under G.S. 115C‑218.9.
d. To undertake any other duties and responsibilities as assigned by the State Board.
(11) Duties of the chair of the
Advisory Review Board. – In addition to any other duties
prescribed in this Article, the chair of the Advisory Review Board,
or the chair's designee, shall advocate for the recommendations of the Advisory
Review Board at meetings of the State Board upon the request of
the State Board.
(c) North Carolina Office of Charter Schools. –
…
(2) Executive Director. – The
Executive Director shall report to and serve at the pleasure of the
Superintendent of Public Instruction at a salary established by the
Superintendent within the funds appropriated for this purpose. The duties of
the Executive Director shall include presenting the recommendations and
decisions of the Advisory Review Board at meetings of the
State Board upon the request of the State Board.
(3) Powers and duties. – The Office of Charter Schools shall have the following powers and duties:
a. Serve as staff to the Advisory
Review Board and fulfill any task and duties assigned to it by the Advisory
Review Board.
…
d. Provide or arrange for
training for charter schools that have received preliminary approval from the State
Review Board.
e. Assist approved charter
schools and charter schools seeking approval from the State Review Board
in coordinating services with the Department of Public Instruction.
…."
SECTION 1.(b) G.S. 115C‑218.2 reads as rewritten:
"§ 115C‑218.2. Opportunity to correct applications;
opportunity to address Advisory Review Board.
(a) The State Board of
Education and the Advisory Review Board shall provide timely
notification to an applicant of any format issues or incomplete information in
the initial application and provide the applicant at least five business days
to correct those issues in the initial application. If the applicant submits
the corrections within the five business days, equal consideration shall be
given to that application.
(b) Before taking action regarding
a charter school or charter school applicant, including recommendations on preliminary
or final approval of charter applications, renewals of charters, nonrenewals of
charters, and revocations of charters, the Advisory Review Board
or a committee of the Advisory Review Board shall provide an
opportunity for the applicant or charter board member to address the Advisory
Review Board or its committee, if present, at a meeting."
SECTION 1.(c) G.S. 115C‑218.3 reads as rewritten:
"§ 115C‑218.3. Fast‑track replication of high‑quality charter schools.
Upon recommendations by the Office
of Charter Schools and the Charter Schools Advisory Review Board,
the State Board of Education shall adopt a process and rules for fast‑track
replication of high‑quality charter schools currently operating in the
State. The State Board of Education shall not require a planning year for
applicants selected through the fast‑track replication process. In
addition to the requirements for charter applicants set forth in this Article,
the fast‑track replication process adopted by the State Board of
Education shall, at a minimum, require a board of directors of a charter school
to demonstrate one of the following in order to qualify for fast‑track
replication:
(1) The board of directors operates charter schools and can demonstrate both of the following:
a. The majority of charter schools in this State governed by the board of directors has student academic outcomes from the three prior school years that are equal to or greater than the student academic outcomes in the local school administrative unit in which each charter school is located.
b. The board of directors can provide three years of financially sound audits for each school it governs.
(2) The board of directors agrees to contract with an education management organization or charter management organization that can demonstrate both of the following:
a. The majority of the charter schools in this State managed by the organization has student academic outcomes from the three prior school years that are equal to or greater than the student academic outcomes in the local school administrative unit in which each charter school is located.
b. The organization can provide three years of financially sound audits for each school it governs.
The State Board of Education shall
ensure that the rules for a fast‑track replication process provide that
decisions by the State Board of Education Review Board on whether
to grant a charter through the replication process are completed in less than
120 days from the application submission date. The State Review Board
shall provide a decision no later than October 15 of the year immediately
preceding the year of the proposed school opening.opening, and any
appeal of the Review Board's decision shall be heard and decided no later than
December 1 of the same year."
SECTION 1.(d) G.S. 115C‑218.5 reads as rewritten:
"§ 115C‑218.5. Final approval of applications for charter schools.
(a) The State Review
Board may grant final approval of an application if it finds the following:
(1) The application meets the requirements set out in this Article and such other requirements as may be adopted by the State Board of Education.
(2) The applicant has the ability to operate the school and would be likely to operate the school in an educationally and economically sound manner.
(3) Granting the application would achieve one or more of the purposes set out in G.S. 115C‑218.
In reviewing applications for the
establishment of charter schools within a local school administrative unit, the
State Review Board is encouraged to give preference to
applications that demonstrate the capability to provide comprehensive learning
experiences to students identified by the applicants as at risk of academic
failure.
(b) The State Review
Board shall make final decisions on the approval or denial of applications
by August 15 of a calendar year on all applications it receives prior to a date
established by the Office of Charter Schools for receipt of applications in
that application cycle. The State Review Board may make the final
decision for approval contingent upon the successful completion of a planning
period prior to enrollment of students.
(c) The State Board of
Education Review Board may authorize a school before the applicant
has secured its space, equipment, facilities, and personnel if the applicant
indicates the authority is necessary for it to raise working capital. The State
Board shall not allocate any funds to the school until the school has obtained
space.
(d) The State Board of
Education Review Board may grant the initial charter for a period
not to exceed 10 years.
(e), (f) Repealed by Session Laws 2016‑79, s. 1.1, effective June 30, 2016, and applicable beginning with the 2016‑2017 school year.
(g) A charter school shall
be entitled to automatically extend any deadline to begin operations or
commence the term of its charter until the next school year if it notifies the State
Review Board by June 30 that it is seeking land use or development
approvals for its selected site or facilities or if it is challenging the
denial of any requested land use or development approvals. The term of the
charter issued by the State Board shall be tolled during the period of
any extension or extensions issued under this section."
SECTION 1.(e) G.S. 115C‑218.6 reads as rewritten:
"§ 115C‑218.6. Review and renewal of charters.
(a) The State Board of
Education Review Board shall review the operations of each charter
school at least once prior to the expiration of its charter to ensure that the
school is meeting the expected academic, financial, and governance standards.
(b) The State Board of
Education Review Board shall renew a charter upon the request of the
chartering entity for subsequent periods of 10 years, unless one of the following
applies:
(1) The charter school has not provided financially sound audits for the immediately preceding three years.
(2) The charter school's student academic outcomes for the immediately preceding three years have not been comparable to the academic outcomes of students in the local school administrative unit in which the charter school is located.
(3) The charter school is
not, at the time of the request for renewal of the charter, substantially 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 of Education.Review
Board.
If one of the conditions set forth
in subdivisions (1) through (3) of this subsection applies, then the State Review
Board may renew the charter for a period of less than 10 years or not renew
the charter."
SECTION 1.(f) G.S. 115C‑218.7 reads as rewritten:
"§ 115C‑218.7. Material revisions of charters.
(a) A material revision of
the provisions of a charter shall be made only upon the approval of the State
Board of Education.Review Board.
(b) Enrollment growth of
greater than twenty percent (20%) shall be considered a material revision of
the charter if the charter is currently identified as low‑performing. The
State Review Board shall not approve a material revision for
enrollment growth of greater than twenty percent (20%) for a charter that is
currently identified as low‑performing. Enrollment growth of greater than
thirty percent (30%) shall be considered a material revision of the charter for
any charter school that is not identified as low‑performing. The State
Review Board may approve such additional enrollment growth of
greater than thirty percent (30%) only if it finds all of the following:
(1) The actual enrollment of the charter school is within ten percent (10%) of its maximum authorized enrollment.
(2) The charter school has commitments for ninety percent (90%) of the requested maximum growth.
(3) The charter school is not currently identified as low‑performing.
(4) The charter school meets generally accepted standards of fiscal management.
(5) The charter school is, at
the time of the request for the enrollment increase, substantially in compliance
with State law, federal law, the charter school's own bylaws, and the
provisions set forth in its charter granted by the State Review Board.
(c) For the purposes of
calculating actual enrollment and maximum authorized enrollment under
subdivision (1) of subsection (b) of this section, if a charter school is
pursuing a material revision of enrollment growth based on a proposed capital
expansion of the charter school, but fails to meet the requirements of
subdivision (1) of subsection (b) of this section, the State Review Board
shall have the discretion to investigate and determine whether subdivision (1)
of subsection (b) of this section may be waived to grant the school's material
revision request to allow the capital expansion to move forward. In making such
a determination, the charter school shall provide the State Review Board
with documentation to show evidence that demonstrates sufficiently in the State
Review Board's discretion all of the following:
(1) The requested increase in enrollment growth is within a reasonable margin of the threshold necessary to support the requested material revision.
(2) The charter school has secured financing for its proposed capital expansion conditioned on its obtaining the requested material revision of enrollment growth.
(d) If a charter school
presents evidence of a proposed capital expansion as part of a request for a
material revision of enrollment growth under this section that is granted by
the State Review Board, and the charter school is not able to
realize that capital expansion within two years of the grant of the material
revision, the charter shall reflect the maximum authorized enrollment
immediately preceding that material revision."
SECTION 1.(g) G.S. 115C‑218.8 reads as rewritten:
"§ 115C‑218.8. Nonmaterial revisions of charters.
It shall not be considered a
material revision of a charter and shall not require prior approval of the State
Review Board for a charter school to do any of the following:
(1) Increase its enrollment during the charter school's second year of operation and annually thereafter in accordance with G.S. 115C‑218.7(b).
(2) Increase its enrollment during the charter school's second year of operation and annually thereafter in accordance with planned growth as authorized in its charter.
(3) Expand to offer one grade higher or lower than the charter school currently offers if the charter school has (i) operated for at least three years, (ii) has not been identified as continually low‑performing as provided in G.S. 115C‑218.94, and (iii) has been in financial compliance as required by the rules adopted by the State Board."
SECTION 1.(h) Article 14A of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C‑218.9. Appeals to the State Board of Education.
(a) An applicant, charter school, or the State Superintendent may appeal a final decision of the Review Board to grant, renew, revoke, or amend a charter by submitting notice to the Chair of the State Board of Education within 10 days of the Review Board's decision. Copies of the notice shall be sent to the Executive Director of the Office of Charter Schools, State Superintendent, the Chair of the Review Board, and the applicant or charter school affected.
(b) The State Board shall review appealed decisions de novo. The party submitting the appeal, and the applicant or charter school affected, may provide any information to the State Board the party believes the Board should consider in reviewing the Review Board's decision.
(c) The State Board shall issue a written decision in any matter appealed under this section within 60 days of the date the notice of appeal was submitted. The State Board of Education has the final decision‑making authority on the approval of charter applications, renewals, revocations, and amendments."
SECTION 1.(i) G.S. 115C‑218.15 reads as rewritten:
"§ 115C‑218.15. Charter school operation.
(a) A charter school that is
approved by the State in accordance with this Article shall be a
public school within the local school administrative unit in which it is
located. All charter schools shall be accountable to the State Board and the
Review Board for ensuring compliance with applicable laws and the
provisions of their charters.
…
(c) A charter school shall
operate under the written charter signed by the State Board and the
applicant. State Superintendent and the applicant. A charter school
is not required to enter into any other contract. The charter shall incorporate
the information provided in the application, as modified during the charter
approval process, and any terms and conditions imposed on the charter school by
the State Board of Education. Review Board, or if the approval is
granted through an appeal pursuant to G.S. 115C‑218.9, any
conditions imposed by the State Board of Education. No other terms may be
imposed on the charter school as a condition for receipt of local funds.
(d) The board of directors of the charter school shall decide matters related to the operation of the school, including budgeting, curriculum, and operating procedures.
(e) The board of directors
of the private nonprofit corporation operating the charter school may have
members who reside outside of the State. However, the State Board of Education
may require by policy rule that a majority of the board of
directors and all officers of the board of directors reside within the State.
…."
SECTION 1.(j) G.S. 115C‑218.20(b) reads as rewritten:
"(b) No civil liability shall attach to the State Board of Education, the Charter Schools Review Board, the Superintendent of Public Instruction, or to any of their members or employees, individually or collectively, for any acts or omissions of the charter school."
SECTION 1.(k) G.S. 115C‑218.30 reads as rewritten:
"§ 115C‑218.30. Accountability; reporting requirements to State Board of Education.
…
(c) The school shall report at least annually to the Review Board and the State Board of Education the information required by rules adopted by the State Board."
SECTION 1.(l) G.S. 115C‑218.35(c) reads as rewritten:
"(c) The local board of
education shall make a decision on the charter's request to lease a building or
land within 90 days of the request. If the local board of education does not
make a decision within 90 days of the request of the charter school, the local
board of education shall provide a written explanation of its reasons for not
acting on the request within the 90‑day time period to the North Carolina
Charter Schools Advisory Review Board and the Joint Legislative
Education Oversight Committee."
SECTION 1.(m) G.S. 115C‑218.45 reads as rewritten:
"§ 115C‑218.45. Admission requirements.
…
(f) The charter school may give enrollment priority to any of the following:
…
(3) Limited to no more than
fifteen percent (15%) of the school's total enrollment, unless granted a waiver
by the State Board of Education, Review Board, the following:
a. Children or grandchildren of persons (i) employed full time by the charter school or (ii) working full time in the daily operation of the charter school, including children of persons employed by an education management organization or charter management organization for the charter school.
b. Children or grandchildren of the charter school's board of directors.
…
(g1) If a procedure for a
weighted lottery reflecting the mission of the school has been approved by the State
Review Board as part of the charter, and a lottery is needed under
subsection (h) of this section, the lottery shall be conducted according to the
procedure in the charter.
…."
SECTION 1.(n) G.S. 115C‑218.90 reads as rewritten:
"§ 115C‑218.90. Employment requirements.
(a) Employees. –
…
(4) The employees of the
charter school shall be deemed employees of the local school administrative
unit for purposes of providing certain State‑funded employee benefits,
including membership in the Teachers' and State Employees' Retirement System
and the State Health Plan for Teachers and State Employees. The State Board of
Education provides funds to charter schools, approves the original members
of the boards of directors of the charter schools, has the has final
decision‑making authority to grant, supervise, and revoke
charters, on the approval of charter applications, renewals,
revocations, and amendments, and demands full accountability from charter
schools for school finances and student performance. Accordingly, it is the
determination of the General Assembly that charter schools are public schools
and that the employees of charter schools are public school employees.
Employees of a charter school whose board of directors elects to become a
participating employer under G.S. 135‑5.3 are "teachers"
for the purpose of membership in the North Carolina Teachers' and State
Employees' Retirement System. In no event shall anything contained in this
Article require the North Carolina Teachers' and State Employees' Retirement
System to accept employees of a private employer as members or participants of
the System.
…
(b) Criminal History Checks. –
…
(2) There shall be no liability
for negligence on the part of the State Board of Education Education,
the State Superintendent, the Review Board, or the board of directors of
the charter school, or their employees, arising from any act taken or omission
by any of them in carrying out the provisions of this subsection. The immunity
established by this subsection shall not extend to gross negligence, wanton
conduct, or intentional wrongdoing that would otherwise be actionable. The
immunity established by this subsection shall be deemed to have been waived to
the extent of indemnification by insurance, indemnification under Articles 31A
and 31B of Chapter 143 of the General Statutes, and to the extent sovereign
immunity is waived under the Tort Claims Act, as set forth in Article 31 of Chapter
143 of the General Statutes."
SECTION 1.(o) G.S. 115C‑218.95 reads as rewritten:
"§ 115C‑218.95. Causes for nonrenewal or termination; disputes.
(a) The State Board of
Education Review Board may terminate, not renew, or seek applicants
to assume the charter through a competitive bid process established by the
State Board upon any of the following grounds:
(1) Failure to meet the requirements for student performance contained in the charter;
(2) Failure to meet generally accepted standards of fiscal management;
(3) Violations of law;
(4) Material violation of any of the conditions, standards, or procedures set forth in the charter;
(5) Two‑thirds of the faculty and instructional support personnel at the school request that the charter be terminated or not renewed; or
(6) Other good cause identified.
(b) Repealed by Session Laws 2016‑79, s. 1.7(b), effective June 30, 2016, and applicable beginning with the 2016‑2017 school year.
(b1) If a charter school is
continually low‑performing, the State Review Board is
authorized to terminate, not renew, or seek applicants to assume the charter
through a competitive bid process established by the State Board. However, the State
Review Board shall not terminate or not renew the charter of a
continually low‑performing charter school solely for its continually low‑performing
status if the charter school has met growth in each of the immediately
preceding three school years or if the charter school has implemented a
strategic improvement plan approved by the State Review Board and
is making measurable progress toward student performance goals. The State Board
shall develop rules on the assumption of a charter by a new entity that
includes all aspects of the operations of the charter school, including the
status of the employees. Public assets shall transfer to the new entity and
shall not revert to the local school administrative unit in which the charter
school is located pursuant to G.S. 115C‑218.100(b).
(c) The State Review
Board of Education shall develop and implement a process to address
contractual and other grievances between a charter school and the local board
of education during the time of its charter.
(d) The State Review
Board and the charter school are encouraged to make a good‑faith
attempt to resolve the differences that may arise between them. They may agree
to jointly select a mediator. The mediator shall act as a neutral facilitator
of disclosures of factual information, statements of positions and contentions,
and efforts to negotiate an agreement settling the differences. The mediator
shall, at the request of either the State Review Board or a
charter school, commence a mediation immediately or within a reasonable period
of time. The mediation shall be held in accordance with rules and standards of
conduct adopted under Chapter 7A of the General Statutes governing mediated
settlement conferences but modified as appropriate and suitable to the
resolution of the particular issues in disagreement.
Notwithstanding Article 33C of
Chapter 143 of the General Statutes, the mediation proceedings shall be
conducted in private. Evidence of statements made and conduct occurring in a
mediation are not subject to discovery and are inadmissible in any court
action. However, no evidence otherwise discoverable is inadmissible merely
because it is presented or discussed in a mediation. The mediator shall not be
compelled to testify or produce evidence concerning statements made and conduct
occurring in a mediation in any civil proceeding for any purpose, except
disciplinary hearings before the State Bar or any agency established to enforce
standards of conduct for mediators. The mediator may determine that an impasse
exists and discontinue the mediation at any time. The mediator shall not make
any recommendations or public statement of findings or conclusions. The State
Review Board and the charter school shall share equally the
mediator's compensation and expenses. The mediator's compensation shall be
determined according to rules adopted under Chapter 7A of the General Statutes."
SECTION 1.(p) G.S. 115C‑218.105 reads as rewritten:
"§ 115C‑218.105. State and local funds for a charter school.
…
(c4) The local school
administrative unit and charter school may use the process for mediation of
differences between the State Review Board and a charter school
provided in G.S. 115C‑218.95(d) to resolve differences on
calculation and transference of the per pupil share of the local current
expense fund. In the event the local school administrative unit and the charter
school disagree on the amount owed to the charter school, the local school
administrative unit may delay transfer of the disputed amount but shall not
delay the transfer of the undisputed amount. The amount transferred under this
subsection that consists of revenue derived from supplemental taxes shall be
transferred only to a charter school located in the tax district for which
these taxes are levied and in which the student resides.
(d) The local school administrative unit shall also provide each charter school to which it transfers a per pupil share of its local current expense fund with all of the following information within the 30‑day time period provided in subsection (c) of this section:
(1) The total amount of monies the local school administrative unit has in each of the funds listed in G.S. 115C‑426(c).
(2) The student membership numbers used to calculate the per pupil share of the local current expense fund.
(3) How the per pupil share of the local current expense fund was calculated.
(4) Any additional records requested by a charter school from the local school administrative unit in order for the charter school to audit and verify the calculation and transfer of the per pupil share of the local current expense fund.
In addition, the local school
administrative unit shall provide to the State Board of Education and the
Review Board all of the information required by this subsection for each
charter school to which it transfers a per pupil share of its local current
expense fund. This information shall be provided to the State Board of
Education by November 1 of each year. The State Board shall adopt a policy rules,
as recommended by the Review Board, to govern the collection of this
information. The State Board shall issue a letter of noncompliance to a local
school administrative unit that does not provide the State Board and Review
Board with the information required by this subsection.
…
(h) Notwithstanding
G.S. 115C‑218.15(b) and solely with respect to the North Carolina
Medicaid program, a charter school that is approved by the State in
accordance with this Article as a public school pursuant to this Article
shall be deemed a local government entity that is responsible, or assumes
responsibility, either directly or indirectly through an agency or other political
subdivision, for the payment of the nonfederal share for reimbursable medical
services, if any, provided by the charter school. The nonfederal share shall
consist exclusively of public funds. For purposes of this subsection,
"reimbursable medical services" means services, including
administrative activities related to those services, that are medically
necessary and for which federal payment is available under the North Carolina
Medicaid Program established under Part 6 of Article 2 of Chapter 108A of the
General Statutes. For the purposes of this subsection, "nonfederal
share" means the share of expenditures for the reimbursable medical
services that draws down federal financial participation."
SECTION 1.(q) G.S. 115C‑218.110(a) reads as rewritten:
"(a) The State Board of Education Charter
Schools Review Board shall distribute information announcing the
availability of the charter school process described in this Article to each
local school administrative unit and public postsecondary educational
institution and, through press releases, to each major newspaper in the
State."
SECTION 1.(r) G.S. 115C‑296.2(b)(1) reads as rewritten:
"(1) A "North
Carolina public school" is a school operated by a local board of
education, the Department of Health and Human Services, the Division of
Juvenile Justice of the Department of Public Safety, or The University of North
Carolina; a school affiliated with The University of North Carolina; or a
charter school approved by the State Board of Education.in accordance
with Article 14A of this Chapter."
SECTION 1.(s) G.S. 135‑5.3(b1) reads as rewritten:
"(b1) The board of
directors of a charter school operated by a private nonprofit corporation or a
charter school operated by a municipality that has received State Board of
Education approval under G.S. 115C‑218.5 Article 14A
of Chapter 115C of the General Statutes may elect to become a participating
employer in the Retirement System in accordance with this Article."
SECTION 1.(t) G.S. 135‑48.54(b) reads as rewritten:
"(b) No later than two
years after both parties have signed the written charter under G.S. 115C‑218.15,
the board of directors of a charter school operated by a private nonprofit
corporation or a charter school operated by a municipality shall elect whether
to become a participating employer in the Plan in accordance with this Article.
This election shall be in writing and filed with the Plan Plan, the
Charter Schools Review Board, and the State Board of Education. This
election is effective for each charter school employee as of the date of that
employee's entry into eligible service."
SECTION 2. The current members of the Charter Schools Advisory Board shall serve as initial members of the Charter Schools Review Board. Notwithstanding G.S. 115C‑218(b), as amended by this act, upon the expiration of the current term of the Charter School Review Board members, (i) one term expiring in 2023 shall be replaced with an appointment by the General Assembly upon the recommendation of the Speaker of the House of Representatives, in accordance with G.S. 120‑121, and (ii) two terms expiring in 2023 shall be replaced with an appointment by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, in accordance with G.S. 120‑121. Those members shall be appointed for two‑year terms. As those terms expire in 2025 and thereafter, or as vacancies occur prior to the expiration of those terms, those members on the North Carolina Charter Schools Review Board shall be appointed in accordance with G.S. 115C‑218.
SECTION 3. Any applicant or charter school that received a decision on an application, charter amendment, renewal, or termination from the State Board of Education after July 1, 2022, that differed from the decision recommended by the Charter Schools Advisory Board may apply for the decision to be reconsidered by the Charter Schools Review Board. The applicant or charter school shall request reconsideration within 60 days of the date this act becomes law, and the Review Board shall issue a decision on the reconsideration at the first meeting of the Review Board after it receives the reconsideration request.
SECTION 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 28th day of June, 2023.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
VETO Roy Cooper
Governor
Became law notwithstanding the objections of the Governor at 6:33 p.m. this 16th day of August, 2023.
s/ Ms. Sarah Holland
Senate Principal Clerk