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The John Locke Foundation
is a501(c)(3) nonprot, nonpartisan researchinstitute dedicated to improving public policy debate in North Carolina. Viewpoints expressed by authors do not necessarilyrefect those o the sta or board o the Locke Foundation.
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phone:
919-828-3876
ax:
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n August 2009, the State Board o Education created the Ad Hoc Char-ter School Task Force “to improve the academic accountability o charterschools and to clariy existing procedures or charter applicants to ol-low.”1 By December, State Board o Education unanimously adopted three newpolicies or charter schools, including a policy that allows the State Board o Education to close charter schools that do not meet perormance standards onstate tests or two out o three years.The new “Revocation o Charter or Lack o Academic Perormance” policyis one o the most punitive policies ever approved by the State Board o Educa-tion. It states the ollowing:The State Board o Education shall revoke the chartero any charter school when, or two o three consecutiveschool years, the charter school does not meet or exceedexpected growth and has a Perormance Composite be-low 60%.For purposes o this policy, the frst year test scores will
No. 382 – February 3, 2010
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The State Board of Education should regard all public schools as equals
key facts:• Undr h nw “Rvoion o chrr or L o  admi Prormn” poli, onl low-prorming hrr hool r ub- j o lour b h Nc s Bord o eduion. thr i no quivlnpoli or diri hool.• thi ud  h quion: How mn publi hool would lo i h iniud h poli hr r go nd pplid o hrr nd dirihool li?• aording o  ing rul or h l hr r, h s Bordo eduion would b ord o lo 164 publi hool.• O h 164 ol hool, 155 o h lod hool would b diri hool,hr o hm would b lrniv diri hool, nd ix o hm would bhrr hool. Ovrll, h  would lo 6.5 prn o h ol dirind diri lrniv hool in Norh crolin nd 6.2 prn o h’ hrr hool.
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be rom the 2009-2010 school year.This policy does not prohibit the State Board rom taking any action against a charter that isotherwise legal and appropriate pursuant to G.S. 115C-238.29G.
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 Both district and charter schools are public schools. Charters receive state, local, and ederal unds and are subjectto many o the regulations established or district schools. For example, all charter school students are required to takestate standardized tests, regardless o the academic ocus o the school. Scores rom these tests determine i the schoolmeets or exceeds growth expectations set by the state and the Perormance Composite.Under the “Revocation o Charter or Lack o Academic Perormance” policy, only low-perorming charter schoolsare subject to closure. There is no equivalent policy or district schools. District schools that do not meet or exceedexpected growth and that have a Perormance Composite below 60 percent or two o three consecutive school yearsare not subject to closure. Instead, the Department o Public Instruction deploys additional resources and support tothese schools.But what i we leveled the playing feld and subjected district schools to the same kinds o policies imposed oncharter schools? Specifcally, how many public schools would close i the “Revocation o Charter or Lack o AcademicPerormance” policy were instituted three years ago and applied to charter and district schools alike? O course, thisis purely a theoretical exercise, albeit a useul one because it exposes the way that the State Board o Education sys-tematically created privileged (district) and disadvantaged (charter) classes o public schools.
Glorchrr hool
– Charter schools provide parents a choice in the education o their children. They are publicschools but are subject to less regulation and oversight than conventional or district schools.Public tax dollars are the primary unding sources or charter schoolsLocal, state, and ederal dollars ollow the child to a charter schoolCharter schools are tuition reeSchools have open enrollment with no discrimination and no religious associationsI they have more applicants than available slots, the school must use an open lotteryThe state requires 75% o charter school teachers in elementary school to be certifedThe state requires 50% o charter teachers in middle and high school to be certifed All charter school students are required to take the state mandated testsThe state caps the number o charter schools at 100 schools statewide
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Prormn compoi
– The percentage o the test scores in the school at or above a set standard o prof-ciency.
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Growh
– An indication o the rate at which students in the school learned over the past year. The standard isequivalent to a year’s worth o growth or a year o instruction.
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1.2.3.4.5.6.7.8.9.
 
 According to testing results or the last three years, the State Board o Education would close 164 public schoolsunder the “Revocation o Charter or Lack o Academic Perormance” policy (See Tables 1, 2, and 3, ollowing pages).O the 164 total schools, 155 o the closed schools would be district schools, three o them would be alternative districtschools, and six o them would be charter schools. Overall, the state would close 6.5 percent o the total district anddistrict alternative schools in North Carolina and 6.2 percent o the state’s charter schools.The tables o the ollowing pages are not lists o schools that the State Board o Education
should
close or sanc-tion. Ideally, the state would base these decisions on an independent review o perormance data and extensive inputrom school personnel, parents, and members o the community. It is reasonable or state education ofcials to estab-lish policy exceptions or alternative district and charter schools. This report’s only recommendation is that the StateBoard o Education regard all regular public schools – district, charter, and charter-like without charters – as equals.
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 Substantive policies should apply to all o them or none o them.
Terry Stoops is Director o Education Studies at the
John Locke Foundation.
end No
1. Minutes o the North Carolina State Board o Education (SBE), December 3, 2009, p. 10. The ormation o the committee does not appear inthe August 2009 SBE minutes.2. State Board o Education Policy Manual, Revocation o Charter or Lack o Academic Perormance (Policy ID Number TCS-U-010), December3, 2009. There are two points o clarifcation that need to be made. First, the State Board o Education may revoke a charter i the school doesnot meet or exceed expected growth and has a Perormance Composite below percent or
any two
o three consecutive years. For example, thetwo years o low perormance may be the frst and third o three consecutive years. Second, the school must ail to meet or exceed expectedgrowth and have a Perormance Composite below 60 percent in the
same year
in order or that year to be subject to the policy. Schools that,at minimum, meet or exceed growth
or
earn a Perormance Composite above 60 percent in a given year are not subject to the policy.3. Ofce o Charter Schools, North Carolina Department o Public Instruction (NC DPI), “Frequently Asked Questions,” at
www.dpi.state.nc.us/charterschools/aqs
.4. Division o Accountability Services, NC DPI, “ABCs/AYP 2009 Accountability Report Background Packet,” 2008, p. 3.5.
 Ibid.
6. In North Carolina’s Race to the Top application, the state calls North Carolina’s virtual, magnet, early college, and STEM schools “charter-like schools without charters.” The report gives Lt. Governor Walter Dalton credit or the phrase (p. 154). See Ofce o the Governor o NorthCarolina, “Race to the Top Application: State o North Carolina,”
racetothetop.nc.gov
, January 2010.7. Consistent with the policy, the two years that the school does not meet growth expectations are also years that the school does not have aPerormance Composite above 60 percent.8. NC DPI, “The ABCs Accountability Model,” available at
abcs.ncpublicschools.org/abcs/index.jsp?pYear=2006-2007 
.9. NC DPI, “The ABCs Accountability Model,” available at
abcs.ncpublicschools.org/abcs/index.jsp?pYear=2007-2008
.10. NC DPI, “The ABCs Accountability Model,” available at
abcs.ncpublicschools.org/abcs
.

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