GENERAL ASSEMBLY OF NORTH CAROLINASESSION 2011S 5SENATE BILL 8Education/Higher Education Committee Substitute Adopted 2/16/11Third Edition Engrossed 2/22/11Fourth Edition Engrossed 2/24/11House Committee Substitute Favorable 3/16/11
Short Title: No Cap on Number of Charter Schools. (Public)Sponsors:Referred to:January 31, 2011
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BILL TO BE ENTITLED1AN ACT TO INCREASE EDUCATIONAL OPPORTUNITIES FOR THE CHILDREN OF2NORTH CAROLINA BY REMOVING THE CAP ON CHARTER SCHOOLS, BY3CREATING A NEW PUBLIC CHARTER SCHOOLS COMMISSION TO APPROVE4AND MONITOR CHARTER SCHOOLS, BY STRENGTHENING THE STANDARDS5FOR GRANTING AND RETAINING A CHARTER FOR A CHARTER SCHOOL, BY6AUTHORIZING LOCAL BOARDS OF EDUCATION TO CONVERT SCHOOLS TO7CHARTER SCHOOLS WITHOUT FORMING A NONPROFIT CORPORATION, BY8CLARIFYING THE FUNDING FORMULA FOR CHARTER SCHOOLS, AND BY9PROVIDING THAT COUNTIES MAY PROVIDE FUNDING FOR CHARTER10SCHOOLS IN THEIR JURISDICTIONS; AND TO MAKE OTHER CHANGES TO THE11GENERAL STATUTES GOVERNING CHARTER SCHOOLS.12The General Assembly of North Carolina enacts:13
SECTION 1.
This act shall be known and may be cited as the "Charter Schools Act14of 2011."15
SECTION 2.
Part 6A of Article 16 of Chapter 115C of the General Statutes reads16as rewritten:17"Part 6A. Charter Schools.18"
§ 115C-238.29A. Purpose.
19The purpose of this Part is to authorize a system of charter schools to provide opportunities20for teachers, parents, pupils, and community members to establish and maintain schools that21operate independently of existing schools, as a method to accomplish all ofaccomplish, in the22aggregate, the following:23(1) Improve student learning;learning.24(2) Increase learning opportunities for all students, with special emphasis on25expanded learning experiences for students who are identified as at risk of 26academic failure or academically gifted;gifted.27(3) Encourage the use of different and innovative teaching methods;methods.28(4) Create new professional opportunities for teachers, teachers and29administrators, including the opportunities to be responsible for the learning30program at the school site;site.31(5) Provide parents and students with expanded choices in the types of 32educational opportunities that are available within the public school33system;system.34
General Assembly Of North Carolina Session 2011
Page 2 Senate Bill 8-Fifth 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 be located administratively8under the State Board of Education, but shall exercise its powers and functions independently9of the State Board of Education and the Department of Public Instruction except as provided in10this section.11(b) Purpose.
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The purpose of the Commission is to authorize and oversee high-quality12public charter schools throughout the State, consistent with the purposes of this Part, and to13exercise authority for approval of any charter applicant.14(c) Membership.
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The Commission shall consist of the following 13 members:15(1) Four members appointed by the Governor.16(2) Four members, one of whom shall be a teacher, administrator, or board17member of a charter school or a parent of a child attending a charter school,18appointed by the General Assembly upon the recommendation of the19President Pro Tempore of the Senate in accordance with G.S. 120-121.20(3) Four members, one of whom shall be a teacher, administrator, or board21member of a charter school or a parent of a child attending a charter school,22appointed by the General Assembly upon the recommendation of the23Speaker of the House of Representatives in accordance with G.S. 120-121.24(4) The Superintendent of Public Instruction or the Superintendent's designee.25(d) Qualifications of Members.
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Members appointed to the Commission shall26collectively possess strong experience and expertise in public and nonprofit governance,27management and finance, public school leadership, assessment, curriculum and instruction,28public charter schools, and public education law. All appointed members of the Commission29shall have demonstrated an understanding of and a commitment to charter schools as a strategy30for strengthening public education.31(e) Terms of Office.
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No appointed member shall serve more than seven consecutive32years. The terms of office are as follows:33(1) The initial term of office for members appointed by the Governor shall be34two years until June 30, 2013, and thereafter shall be three years.35(2) The initial term of office for the members appointed by the General36Assembly upon the recommendation of the Speaker of the House of 37Representatives shall be three years until June 30, 2014, and thereafter shall38be three years.39(3) The initial term of office for the members appointed by the General40Assembly upon the recommendation of the President Pro Tempore of the41Senate shall be four years until June 30, 2015, and thereafter shall be three42years.43(f) Officers.
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The Commission shall elect a chair and a vice-chair from among its44membership. In the absence of the chair, the vice-chair shall preside over the Commission's45meetings. All members are voting members, and a majority of the Commission constitutes a46quorum. The Commission shall adopt rules to govern its proceedings.47(g) Meetings.
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Meetings of the Commission shall be held upon the call of the chair or48the vice-chair with the approval of the chair.49(h) Expenses.
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Members of the Commission shall be reimbursed for travel and50subsistence expenses at the rates allowed to State officers and employees by G.S. 138-6(a).51
General Assembly Of North Carolina Session 2011
Senate Bill 8-Fifth Edition Page 3(i) The Commission is subject to the provisions of Chapter 132 ("Public Records") and1Article 33C of Chapter 143 ("Meetings of Public Bodies") of the General Statutes.2(j) Removal.
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Any member of the Commission, other than the Superintendent of 3Public Instruction, may be removed by a vote of at least two-thirds of members at any duly held4meeting for any cause that renders the member incapable or unfit to discharge the duties of the5office. Whenever a vacancy on the Commission exists, the original appointing authority shall6appoint or elect a member for the remaining portion of the term.7(k) Staff.
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The State Board of Education shall assign the Office of Charter Schools as8staff to the Commission.9(l) Powers and Duties.
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The Commission shall have the following duties:10(1) To provide technical assistance, through the Office of Charter Schools and11the Department of Public Instruction, to charter school applicants and to12charter schools that are approved under this Part.13(2) To adopt policies regarding all aspects of charter school operation, including14time lines, standards, and criteria for acceptance and approval of 15applications, monitoring of charter schools, and grounds for revocation of 16charters.17(3) To oversee the process for accepting and approving applications for charters18and to make final approval of charter applications.19(4) To oversee the process for monitoring the operation of charter schools, with20the assistance and counsel of staff from the Department of Public21Instruction.22(5) To take any actions regarding a charter school, including renewals of 23charters, nonrenewals of charters, and revocation of charters.24(6) To undertake any duties and responsibilities consistent with the above25powers and duties and incident thereto.26(m) The State Board shall have the authority to veto any decision of the Commission by27a two-thirds vote.28"
§ 115C-238.29B. Eligible applicants; contents of applications; submission of applications
29
for approval.
30(a) Any person, group of persons, or nonprofit corporation seeking to establish a charter31school may apply to establish a charter school. If the any applicant other than a local board of 32education seeks to convert a public school to a charter school, the application shall include a33statement signed by a majority of the teachers and instructional support personnel currently34employed at the school indicating that they favor the conversion and evidence that a significant35number of parents of children enrolled in the school favor conversion.36(b) The application shall include an executive summary and shall contain at least the37following information:38(1) A description of a program that aligns with State standards and implements39one or more of the purposes in G.S. 115C-238.29A.40(1a) The targeted student population and the community the school intends to41serve, as well as evidence of need and community support for the proposed42charter school.43(2) A description of student achievement goals for the school's educational44program and the method of demonstrating that students have attained the45skills and knowledge specified for those student achievement goals.46(2a) A description of the school's instructional design, including the type of 47learning environment, such as classroom-based or independent study, class48size and structure, curriculum overview, and teaching methods.49(2b) The school's plans for identifying and successfully serving students with50disabilities, students who are English language learners, academically at-risk 51
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