GENERAL ASSEMBLY OF NORTH CAROLINASESSION 2011S 3SENATE BILL 8Education/Higher Education Committee Substitute Adopted 2/16/11Third Edition Engrossed 2/22/11
Short Title: No Cap on Number of Charter Schools. (Public)Sponsors:Referred to:January 31, 2011
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A BILL TO BE ENTITLED1AN ACT TO INCREASE EDUCATIONAL OPPORTUNITIES FOR THE CHILDREN OF2NORTH CAROLINA BY REMOVING THE CAP ON CHARTER SCHOOLS; AND BY3CREATING A NEW PUBLIC CHARTER SCHOOLS COMMISSION TO APPROVE4AND MONITOR CHARTER SCHOOLS; AND BY STRENGTHENING THE5STANDARDS FOR GRANTING AND RETAINING A CHARTER FOR A CHARTER6SCHOOL; AND BY AUTHORIZING LOCAL BOARDS OF EDUCATION TO7CONVERT SCHOOLS TO CHARTER SCHOOLS WITHOUT FORMING A8NONPROFIT CORPORATION; AND BY CLARIFYING THE FUNDING FORMULA9FOR CHARTER SCHOOLS; AND BY PROVIDING THAT COUNTIES MAY10PROVIDE FUNDING FOR CHARTER SCHOOLS IN THEIR JURISDICTIONS; AND11TO MAKE OTHER CHANGES TO THE STATUTES GOVERNING CHARTER12SCHOOLS.13The General Assembly of North Carolina enacts:14
SECTION 1.
This act shall be known and may be cited as the "Charter Schools Act15of 2011."16
SECTION 2.
Part 6A of Article 16 of Chapter 115C of the General Statutes reads17as rewritten:18"Part 6A. Charter Schools.19"
§ 115C-238.29A. Purpose.
20The purpose of this Part is to authorize a system of charter schools to provide opportunities21for teachers, parents, pupils, and community members to establish and maintain schools that22operate independently of existing schools, as a method to accomplish all ofaccomplish, in the23aggregate, the following:24(1) Improve student learning;learning.25(2) Increase learning opportunities for all students, with special emphasis on26expanded learning experiences for students who are identified as at risk of 27academic failure or academically gifted;gifted.28(3) Encourage the use of different and innovative teaching methods;methods.29(4) Create new professional opportunities for teachers and administrators,30including the opportunities to be responsible for the learning program at the31school site;site.32(5) Provide parents and students with expanded choices in the types of 33educational opportunities that are available within the public school34system;system.35
General Assembly Of North Carolina Session 2011
Page 2 Senate Bill 8-Third Edition(6) Hold the schools established under this Part accountable for meeting1measurable student achievement results, and provide the schools with a2method to change from rule-based to performance-based accountability3systems.4(7) Encourage the replication of successful charter schools.5"
§ 115C-238.29A1. North Carolina Public Charter Schools Commission established.
6(a) Creation.
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There is created the North Carolina Public Charter Schools Commission,7hereinafter referred to as the Commission. The Commission shall exercise its powers and8functions independently of the State Board of Education and the Department of Public9Instruction except as provided in this section.10(b) Purpose.
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The purpose of the Commission is to authorize and oversee high-quality11public charter schools throughout the State, consistent with the purposes of this Part, and to12exercise authority for approval of any charter applicant.13(c) Membership.
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The Commission shall consist of the following eleven members:14(1) Two members appointed by the Governor.15(2) Four members, one of whom shall be a teacher, administrator, or board16member of a charter school or a parent of a child attending a charter school,17appointed by the General Assembly upon the recommendation of the18President Pro Tempore of the Senate in accordance with G.S. 120-121.19(3) Four members, one of whom shall be a teacher, administrator, or board20member of a charter school or a parent of a child attending a charter school,21appointed by the General Assembly upon the recommendation of the22Speaker of the House of Representatives in accordance with G.S. 120-121.23(4) The Superintendent of Public Instruction or the Superintendent's designee.24(d) Qualifications of Members.
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Members appointed to the Commission shall25collectively possess strong experience and expertise in public and nonprofit governance,26management and finance, public school leadership, assessment, curriculum and instruction,27public charter schools, and public education law. All appointed members of the Commission28shall have demonstrated an understanding of and a commitment to charter schools as a strategy29for strengthening public education.30(e) Terms of Office.
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No appointed member shall serve more than seven consecutive31years. The terms of office are as follows:32(1) The initial term of office for members appointed by the Governor shall be33two years until June 30, 2013, and thereafter shall be three years.34(2) The initial term of office for the four members appointed by the General35Assembly upon the recommendation of the Speaker of the House of 36Representatives shall be three years until June 30, 2014, and thereafter shall37be three years.38(3) The initial term of office for the four Commission members appointed by the39General Assembly upon the recommendation of the President Pro Tempore40of the Senate shall be four years until June 30, 2015, and thereafter shall be41three years.42(f) Officers.
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The Commission shall elect a chair and a vice-chair from among its43membership. In the absence of the chair, the vice-chair shall preside over the Commission's44meetings. All members are voting members, and a majority of the Commission constitutes a45quorum. The Commission shall adopt rules to govern its proceedings.46(g) Meetings.
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Meetings of the Commission shall be held upon the call of the chair or47the vice-chair with the approval of the chair.48(h) Expenses.
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Members of the Commission shall be reimbursed for travel and49subsistence expenses at the rates allowed to State officers and employees by G.S. 138-6(a).50
General Assembly Of North Carolina Session 2011
Senate Bill 8-Third Edition Page 3(i) Removal.
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Any member of the Commission, other than the Superintendent of 1Public Instruction, may be removed by a vote of at least two-thirds of members at any duly held2meeting, for any cause that renders the member incapable or unfit to discharge the duties of the3office. Whenever a vacancy on the Commission exists, the original appointing authority shall4appoint or elect a member for the remaining portion of the term.5(j) Staff.
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The State Board of Education shall assign the Office of Charter Schools as6staff to the Commission.7(k) Powers and Duties.
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The Commission shall have the following duties:8(1) To provide technical assistance, through the Office of Charter Schools and9the Department of Public Instruction, to charter school applicants and to10charter schools that are approved under this Part.11(2) To adopt policies regarding all aspects of charter school operation, including12time lines, standards, and criteria for acceptance and approval of 13applications, monitoring of charter schools, and grounds for revocation of 14charters.15(3) To oversee the process for accepting and approving applications for charters16and to make final approval of charter applications.17(4) To oversee the process for monitoring the operation of charter schools, with18the assistance and counsel of staff from the Department of Public19Instruction.20(5) To take any actions regarding a charter school, including renewals of 21charters, nonrenewals of charters, and revocation of charters.22(6) To undertake any duties and responsibilities consistent with the above23powers and duties and incident thereto.24(l) The State Board shall have the authority to veto any decision of the Commission by25a three-fourths vote.26"
§ 115C-238.29B. Eligible applicants; contents of applications; submission of applications
27
for approval.
28(a) Any person, group of persons, or nonprofit corporation seeking to establish a charter29school may apply to establish a charter school. If the any applicant other than a local board of 30education seeks to convert a public school to a charter school, the application shall include a31statement signed by a majority of the teachers and instructional support personnel currently32employed at the school indicating that they favor the conversion and evidence that a significant33number of parents of children enrolled in the school favor conversion.34(b) The application shall include an executive summary and shall contain at least the35following information:36(1) A description of a program that aligns with State standards and implements37one or more of the purposes in G.S. 115C-238.29A.38(1a) The targeted student population and the community the school hopes to39serve, as well as evidence of need and community support for the proposed40charter school.41(2) A description of student achievement goals for the school's educational42program and the method of demonstrating that students have attained the43skills and knowledge specified for those student achievement goals.44(2a) A description of the school's instructional design, including the type of 45learning environment, such as classroom-based or independent study, class46size and structure, curriculum overview, and teaching methods.47(2b) The school's plans for identifying and successfully serving students with48disabilities, students who are English language learners, academically at-risk 49students, and academically gifted students, including, but not limited to,50compliance with applicable laws and regulations.51
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