H800 - Various Changes to Charter School Laws. (SL 2017-173)

OVERVIEW: S.L. 2017-173 makes various changes to charter school laws and the North Carolina Virtual Public School as follows:

• Allows the board of directors of a charter school to contract with an education management organization or charter management organization to employ and provide teachers for the school.
• Requires the State Board of Education (SBE) to make decisions on fast-track replication applications for charter schools within 120 days of the submission of the application. This change applies beginning with applications submitted for fast-track replication of schools opening in the 2018-2019 school year.
• Provides that enrollment growth of greater than 20% is considered a material revision of a charter for any charter school that is identified as low-performing. The SBE cannot approve a material revision for enrollment growth of greater than 20% for a low-performing charter school.
• Provides that enrollment growth of greater than 25% is considered a material revision of the charter for any charter school that is not identified as low-performing. The SBE may approve enrollment growth of greater than 25% for a charter school that is not low-performing only if it finds all of the following: (i) actual enrollment is within 10% of maximum authorized enrollment; (ii) there are commitments for 90% of the requested maximum growth; (iii) the charter school is not identified as low-performing; (iv) the school meets generally accepted standards of fiscal management; and (v) the school is substantially in compliance with the law, its own by-laws and its charter.
• Allows charter schools that are not low-performing to grow up to 30% without having to apply for a material revision for the charter starting July 1, 2018.
• Allows charter schools to give enrollment priority to students who were enrolled in another charter school in the State in the previous school year and to students who were enrolled in a preschool program in the prior year that was operated by that charter school.
• Directs the Office of Charter Schools to assist charter schools that wish to participate in the NC Pre-K program.
• Creates a new statute that specifies that charter schools may apply to participate in the NC Pre-K program as a local program site and provides for the following:
• A charter school can request assistance from the Office of Charter Schools regarding this application if it meets the following: (i) has operated as a charter school for at least three school years; (ii) is not identified as low-performing; (iii) meets generally accepted standards of fiscal management; and (iv) is in substantial compliance with the law, its own by-laws and its charter.
• The Office of Charter Schools along with the Division of Child Development and Early Education at the Department of Health and Human Services must assist a charter school with determining whether the charter school's proposed program would meet the specific building standards and any other State standards required for the charter school to be licensed as a child care facility and site standards for NC Pre-K.
• Charter schools that otherwise meet all of the requirements for a child care facility license may use an existing or newly constructed classroom for three- and four-year old students without modifications if the classroom meets the following: (i) has at least one toilet and sink for hand washing; (ii) meets kindergarten standards for overhead light fixtures, floors, walls, and ceilings; and (iii) has floors, walls, and ceilings that are mold, mildew, and lead hazard free.
• Makes modifications to the NCVPS to provide that the Director of NCVPS must ensure that course quality standards are met for courses developed by NCVPS and repeal the requirement that all e-learning opportunities are consolidated under NCVPS.
• Allows local school administrative units to partner with providers other than NCVPS for e-learning opportunities as long as these other providers: (i) are accredited by a regional accrediting agency; (ii) employ teachers who hold teaching licenses from states that are in the NASDTEC Educator Identification Clearinghouse; and (iii) ensure that the courses offered to North Carolina students are aligned to the North Carolina Standard Course of Study.
• Reorganizes the statute on State and local funds for charter schools.

EFFECTIVE DATE: Except as otherwise provided in the specific sections, the act become effective July 21, 2017, and apply beginning with the 2017-2018 school year.