Measuring Up

 



North Carolina

TOTAL SCORE:
157 out of 240

Rank: 14 out of 44

Year Charter School Law Was Enacted: 1996
Estimated Number of Charter Schools in 2016-17: 168
Estimated Number of Charter School Students in 2016-17: 91,800

North Carolina’s law does not cap charter public school growth and provides a fair amount of autonomy and accountability to charter schools, but it includes only a single authorizing path and provides inequitable funding.

Potential areas of improvement include ensuring equitable operational funding and equitable access to capital funding and facilities, providing adequate authorizer funding, ensuring transparency regarding educational service providers, and strengthening accountability for full-time virtual charter schools.

Do North Carolina's laws align to the model law?

Model Law Component

Matches

North Carolina's Charter Law

Score

1. No Caps

weight = 3 | Possible total = 12

North Carolina law does not place any caps on charter school growth.

12

1A. No numeric or geographic limits are placed on the number of charter schools or students.

1B. If caps exist, there is room for growth.

N/A

2. A Variety of Charter Public Schools Allowed

weight = 2 | Possible total = 8

North Carolina law allows new start-ups and public school conversions.

8

2A. New startups.

2B. Public school conversions.

3. Multiple Authorizers Available

weight = 3 | Possible total = 12

North Carolina law requires applicants to get approved by the North Carolina Charter Schools Advisory Board and the North Carolina State Board of Education. There are 165 brick and mortar charter schools and two full-time virtual charter school open in the state.

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3A. The state allows two or more authorizing options (e.g., school districts and a state charter schools commission) for each applicant with direct application to each authorizer.

4. Authorizer & Overall Program Accountability System Required

weight = 3 | Possible total = 12

North Carolina law requires the state board of education to review and evaluate the educational effectiveness of charter schools and the effect of charter schools on the public schools in the local school administrative unit in which the charter schools are located. It requires the state board to report annually no later than January 1 to the Joint Legislative Education Oversight Committee on the following: the current and projected impact of charter schools on the delivery of services by the public schools; student academic progress in the charter schools as measured, where available, against the academic year immediately preceding the first academic year of the charter schools' operation; best practices resulting from charter school operations; and other information the state board considers appropriate.

The ability of the state board of education to continue authorizing can be removed by the North Carolina legislature and governor (the entities that gave it that authority).

12

4A. Registration process for school boards to affirm their interest in authorizing.

N/A

4B. Application process for other eligible authorizing entities (except a state charter schools commission).

N/A

4C. Authorizer submission of annual report.

4D. The ability for the state to conduct a review of an authorizer’s performance.

4E. The ability for the state to sanction an authorizer for poor performance, including suspending an authorizer’s authority to approve new schools.

4F. Periodic formal evaluation of overall state charter school program and outcomes.

5. Adequate Authorizer Funding

weight = 2 | Possible total = 8

North Carolina provides funding for the Office of Charter Schools at the North Carolina Department of Public Instruction, which serves as authorizing staff to the state board and others. The law also requires the state board of education to establish reasonable fees of no less than $500 for initial and renewal charter applications.

The state law provides that a charter school is not required to enter into any other contract.

2

5A. A uniform statewide formula that guarantees annual authorizer funding that is not subject to annual legislative appropriations.

5B. Requirement to publicly report detailed authorizer expenditures.

5C. Separate contract for any services purchased from an authorizer by a school.

5D. Prohibition on authorizers requiring schools to purchase services from them.

6. Transparent Charter Application, Review, and Decisionmaking Processes

weight = 4 | Possible total = 16

North Carolina law contains application elements for all schools. North Carolina law and regulation contains additional application elements specific to conversion schools and replications.

Although this information is not counted within this analysis (since these provisions are not codified in state law or state board policy), the application requires student performance, governance performance, and financial data from other schools managed by the management company and requires that the applicant must demonstrate how the management company is a good fit for the targeted student population. The application also specifically seeks information for charter school replications as to whether the proposed charter school is to be governed by an existing charter school board or a new board.

State board policy allows the board to approve a “fast track” application which grants permission for a charter board to replicate either its own successful model or to employ an educational management organization (EMO) or a charter management organization (CMO) to replicate a successful model currently being operated under the management of the EMO or CMO by foregoing the planning year normally required for newly-approved charter applicants.

State board polices offer additional requirements regarding the application process, including general approval criteria and application submission and approval timelines.

Although this information is not counted within this analysis (since these application provisions are not codified in state law or state board policy), a state department of education-created application refers to in-person interviews and meetings occurring for promising applicants and written evaluations of each complete application occurring against a detail standard rubric.

All state board meetings must be open to the public, meaning all charter applications must be reviewed and all approval and denial decisions must be made in a public meeting. The law doesn’t require authorizers to state reasons for denial in writing, though.

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6A. Application elements for all schools.

6B. Additional application elements specific to conversion schools.

6C. Additional application elements specific to using educational service providers.

6D. Additional application elements specific to replications.

6E. Requirement for thorough evaluation of each application, including an in-person interview and a public meeting.

6F. Application approval criteria.

6G. All charter approval or denial decisions made in a public meeting with authorizers stating reasons for denials in writing.

7. Performance-Based Charter Contracts Required

weight = 4 | Possible total = 16

North Carolina law provides that a charter school must operate under the written charter contract signed by the authorizer and the applicant that incorporates 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. It also provides that no other terms may be imposed on the charter school as a condition for receipt of local funds.

North Carolina law allows the state board of education to grant the initial charter for a period not to exceed five years and requires the state board of education to review the operations of each charter school at least at least once prior to the expiration of its charter to ensure that the school is meeting the expected academic, financial, and governance standards.

Although this information is not counted within this analysis (since these provisions are not codified in state law or state board policy), the state’s charter application includes many aspects of the model law’s charter contract requirements, including clear definitions regarding the roles, powers, and responsibilities for the school and its authorizer. In addition, each application must state the measureable academic goals of the schools.

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7A. With such contracts being created as a separate document from the application and executed by the governing board of the charter school and the authorizer.

7B. With such contracts defining the roles, powers, and responsibilities for the school and its authorizer.

7C. With such contracts defining academic, financial, and operational performance expectations by which the school will be judged based on a performance framework.

7D. With such contracts providing an initial term of five operating years.

8. Comprehensive Charter School Monitoring and Data Collection Processes

weight = 4 | Possible total = 16

State policies require charter schools to administer all state assessments and require the state department of public instruction to compile and publish the disaggregated results for each school and compare each school to the state’s average. North Carolina law requires charter schools to report at least annually to the state board of education the information required by the state board. It also requires charter schools to comply with the reporting requirements established by the state board of education in the Uniform Education Reporting System. However, performance data specific to other charter school goals are not annually collected, analyzed, and reported by the authorizer.

North Carolina law provides that charter schools are subject to the financial audits, the audit procedures, and the audit requirements adopted by the state board of education for charter schools, which may include the requirements of the School Budget and Fiscal Control Act.

North Carolina law and state board policies allow the state board of education to review the operations of each charter school annually to ensure that the school is meeting the expected academic, financial, and governance standards.

State board policies provide additional authorizer authority to conduct or require oversight activities and detailed processes dealing with any financial or governance noncompliance issues, including authorizer notification to the schools of perceived problems along with opportunities to remedy such problems and the ability for the authorizer to take appropriate corrective actions.

12

8A. Required annual school performance reports.

8B. Financial accountability for charter schools (e.g., generally accepted accounting principles, independent annual audit reported to authorizer).

8C. Authorizer authority to conduct oversight activities.

8D. Authorizer notification to its schools of perceived problems, with opportunities to remedy such problems.

8E. Authorizer authority to take appropriate corrective actions or exercise sanctions short of revocation.

8F. Authorizer may not request duplicative data submission from its charter schools and may not use performance framework to create cumbersome reporting requirements.

9. Clear Processes for Renewal, Nonrenewal, and Revocation Decisions

weight = 4 | Possible total = 16

State board policies offer renewal application guidance and detail a renewal process which requires schools to apply for renewal by completing their portion of the North Carolina Charter Schools Renewal Report, including a self-study that allows them to present evidence of success and progress towards the goals as outlined in the charter application and contract. State board policies require the state department of public instruction to compile its portion of the renewal report, which includes various performance data collected by the authorizer.

North Carolina law allows the state board of education to 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: failure to meet the requirements for student performance contained in the charter; failure to meet generally accepted standards of fiscal management; violations of law; material violation of any of the conditions, standards, or procedures set forth in the charter; two thirds of the faculty and instructional support personnel at the school request that the charter be terminated or not renewed; or other good cause identified.

The law notes that the state board of education shall identify low-performing charter schools on an annual basis, with such schools being those that receive a school performance grade of D or F and a school growth score of "met expected growth" or "not met expected growth." The board shall also identify continually low-performing charter schools on an annual basis, with such school being a charter school that has been designated by the state board as low-performing for at least two of three consecutive years.

The law also notes that If a charter school is continually low-performing, the state 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 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 Board and is making measurable progress toward student performance goals.

State board policy requires the authorizer to inform a charter school up for renewal about potential concerns and allows that the school may be asked to create a corrective action plan, with such action plan completed prior to the last year of the contract.

At the end of a school’s charter term, North Carolina law provides that the state board of education shall renew the charter 10 years if the charter has not provided financially sound audits for the prior three years, academic outcomes for the past three years have not been comparable to the academic outcomes in the local school district where the charter is located, the charter is not, at the time of the request for renewal of the charter, substantially in compliance with state law, federal law, or the school’s own bylaws or the provisions set forth in the school’s charter. The law also requires the state board of education to review the operations of each charter school at least once every five years to ensure that the school is meeting the expected academic, financial, and governance standards.

All state board meetings must be open to the public, meaning all charter renewal, non-renewal, and revocation decisions must be made in a public meeting. The law does not require authorizers to state reasons for non-renewals and revocations in writing, though.

North Carolina law requires that upon dissolution of the charter school or upon the nonrenewal of the charter, all net assets of the charter school purchased with public funds shall be deemed the property of the local school administrative unit in which the charter school is located. State board policy adds further details to this process and also addresses the integrity of the school’s data and transcripts.

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9A. Authorizer must issue school performance renewal reports to schools whose charter will expire the following year.

9B. Schools seeking renewal must apply for it.

9C. Authorizers must issue renewal application guidance that provides an opportunity for schools to augment their performance record and discuss improvements and future plans.

9D. Ability to have a differentiated process for renewal of high-performing charter schools.

9E. Authorizers must use clear criteria for renewal and nonrenewal/revocation.

9F. Authorizers must ground renewal decisions based on evidence regarding the school’s performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract.

9G. Requirement that authorizers close chronically low-performing charter schools unless exceptional circumstances exist.

9H. Authorizers must have the authority to vary length of charter renewal contract terms based on performance or other issues.

9I. Authorizers must provide charter schools with timely notification of potential revocation or nonrenewal (including reasons) and reasonable time to respond.

9J. Authorizers must provide charter schools with due process for nonrenewal and revocation decisions (e.g., public hearing, submission of evidence).

9K. All charter renewal, nonrenewal, and revocation decisions must be made in a public meeting, with authorizers stating reasons for nonrenewals and revocations in writing.

9L. Authorizers must have school closure protocols to ensure timely parent notification, orderly student and record transitions, and property and asset disposition.

9M. Any transfer of charter contracts from one authorizer to another are only allowed if they are approved by the state.

N/A

10. Transparency Regarding Educational Service Providers (ESPs) Allowed

weight = 2 | Possible total = 8

North Carolina law is generally silent regarding these arrangements, but the state attorney general has ruled that all types of educational service providers may operate all or parts of charter schools.

North Carolina law requires the board of directors of a charter school to adopt a conflict of interest and anti-nepotism policy that includes, at a minimum, the following:

* The requirements of Chapter 55A of the General Statutes related to conflicts of interest;
* A requirement that before any immediate family, as defined in state law, of any member of the board of directors or a charter school employee with supervisory authority shall be employed or engaged as an employee, independent contractor, or otherwise by the board of directors in any capacity, such proposed employment or engagement shall be (i) disclosed to the board of directors and (ii) approved by the board of directors in a duly called open‑session meeting. The burden of disclosure of such a conflict of interest shall be on the applicable board member or employee with supervisory authority. If the requirements of this subsection are complied with, the charter school may employ immediate family of any member of the board of directors or a charter school employee with supervisory authority.
* A requirement that a person shall not be disqualified from serving as a member of a charter school's board of directors because of the existence of a conflict of interest, so long as the person's actions comply with the school's conflict of interest policy established as provided in this subsection and applicable law.

The law requires that similar criminal history record checks and fingerprinting requirements applicable to other public schools shall also be mandatory for on-site employees of ESPs who regularly come into contact with students.

Although this information is not counted within this analysis (since these provisions are not codified in state law or state board policy), the application requires student performance, governance performance, and financial data from other schools managed by the management company and requires that the applicant must demonstrate how the management company is a good fit for the targeted student population. It requires that the proposed management agreement must be provided with the application (and approved by the authorizer), with such agreement including at least the measureable objectives whereby the charter school board can evaluate annually the performance of the management company, and if necessary, terminate the contract without significant obstacles.

The application must also discuss how the charter school board will govern the school independently of the management company and include a description of the relationship that exists between the charter school employees and the management organization. Elsewhere in the application, the applicant must describe the board’s ethical standards and procedures for identifying and addressing conflicts of interest, including the identification of any existing relationships that could pose actual or perceived conflicts if the application was approved and steps that the board will take to avoid any actual conflicts and to mitigate perceived conflicts.

Furthermore, the state board’s charter contract contains the following provisions: no member of the governing board shall be an employee of a company that provides substantial services to the charter school; the members of the nonprofit board of directors affirm that they will adhere to a duly adopted conflict of interest policy, including provisions related to nepotism; the nonprofit shall have ultimate responsibility for employment, management, dismissal and discipline of its employees and in no event shall the governing board delegate or assign its responsibility for fulfilling terms of this charter; the nonprofit shall not enter into or terminate an agreement for comprehensive management services without the prior, explicit approval of the state board; the nonprofit shall comply with all state board requests regarding the management agreement that are reasonably related to compliance with all provisions of this charter agreement and the charter school statute.

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10A. All types of educational service providers (both for-profit and nonprofit) are allowed to operate all or parts of schools.

10B. The charter application requires (1) performance data for all current and past schools operated by the ESP, and (2) explanation and evidence of the ESP’s capacity for successful growth while maintaining quality in existing schools.

10C. A performance contract is required between the independent charter school board and the ESP, with such contract approved by the school’s authorizer.

10D. School governing boards operate as entities completely independent of any ESP, individuals compensated by an ESP are prohibited from serving as voting members on such boards, and existing and potential conflicts of interest between the two entities are required to be disclosed and explained in the charter application.

10E. Provides that charter school governing boards must have access to ESP records necessary to oversee the ESP contract.

10F. An ESP must annually provide information to its charter school governing board on how that ESP spends public funding it receives when the ESP is performing a public function under applicable state law.

10G. Requires that similar criminal history record checks and fingerprinting requirements applicable to other public schools shall also be mandatory for on-site employees of ESPs who regularly come into contact with students.

11. Fiscally and Legally Autonomous Schools with Independent Charter Public School Boards

weight = 3 | Possible total = 12

North Carolina law provides all of the model law's requirements for fiscally and legally autonomous schools with independent charter school boards.

12

11A. Fiscally autonomous schools (e.g., schools have clear statutory authority to receive and disburse funds; incur debt; and pledge, assign, or encumber assets as collateral).

11B. Legally autonomous schools (e.g., schools have clear statutory authority to enter into contracts and leases, sue and be sued in their own names, and acquire real property).

11C. Independent school governing boards created specifically to govern their charter schools.

12. Clear Student Enrollment and Lottery Procedures

weight = 2 | Possible total = 8

North Carolina law requires charters to provide open enrollment to any student in the state.

The law notes that schools cannot limit admission on the basis of intellectual ability, measures of achievement or aptitude, athletic ability, disability, race, creed, national origin, religion, or ancestry.

North Carolina law requires charter schools to hold lotteries if too many students seek enrollment in the school.

North Carolina law provides that conversion charter schools must give preference in the admissions process to students who reside within the former attendance area of that school.

It also specifies that within one year after a charter school begins operation, the charter school must make efforts for the population of the school to reasonably reflect the racial and ethnic composition of the general population residing in the local school administrative unit in which the school is located or the racial and ethnic composition of the special population that the school seeks to serve residing in the local school administrative unit in which the school is located. The law subjects a charter school to any court ordered desegregation plan in effect for the local school administrative unit.

The law allows a charter school to give enrollment priority to siblings of currently enrolled students who were admitted to the charter school in a previous year (but does not require it), siblings of students who have completed the highest grade level offered by that school and who were enrolled in at least four grade levels offered by the charter school or, if less than four grades are offered, in the maximum number of grades offered by the charter school (but does not require it), and a student who was enrolled in the charter school within the two previous school years but left the school to participate in an academic study abroad program or a competitive admission residential program or because of the vocational opportunities of the student’s parent. It also allows a charter school to give enrollment priority to children of the school's full-time employees and to children of the charter school's board of directors – so long as these children are limited to no more than fifteen percent of the school’s total enrollment unless a waiver is granted by the state board of education.

If a procedure for a weighted lottery reflecting the mission of the school has been approved by the state board of education as part of the charter and a lottery is needed at the school, the law allows a charter to use a weighted lottery.

6

12A. Open enrollment to any student in the state.

12B. Anti-discrimination provisions regarding admissions.

12C. Required enrollment preferences for previously enrolled students within conversions and for prior-year students within charter schools.

12D. Lottery requirements.

13. Automatic Exemptions from Many State and District Laws and Regulations

weight = 3 | Possible total = 12

North Carolina law states that except as provided in the state's charter school law and pursuant to the provisions of its charter, a charter school is exempt from statutes and rules applicable to a local school board or school district unless the law explicitly states that it also applies to charter schools.

North Carolina law states that at least 50% of a charter school’s teachers must hold teacher licenses.

9

13A. Exemptions from all laws, except those covering health, safety, civil rights, student accountability, employee criminal history checks, open meetings, freedom of information, and generally accepted accounting principles.

13B. Exemption from state teacher certification requirements.

14. Automatic Collective Bargaining Exemption

weight = 3 | Possible total = 12

The law provides that charter school teachers are not subject to school district work rules.

12

14A. Charter schools authorized by nonlocal board authorizers are exempt from participation in any district collective bargaining agreements.

14B. Charter schools authorized by local boards are exempt from participation in any district collective bargaining agreements.

N/A

15. Multischool Charter Contracts and/or Multicharter Contract Boards Allowed

weight = 2 | Possible total = 8

North Carolina state board polices include a definition of a charter school that is to be used in determining whether the status of a charter school or charter school applicant is either one school or actually more than one school and indicates that multiple schools may be approved for funding once such determination is made. In addition, although this information is not counted within this analysis (since these provisions are not codified in state law or state board policy), the application specifically seeks information for charter school replications as to whether the proposed charter school is to be governed by an existing charter school board or a new board. Thus, there are some vague references in state policy to these issues, although nothing specifically indicates that such schools must have independent fiscal and academic accountability for each school.

4

15A. An independent charter school board may oversee multiple schools linked under a single contract with independent fiscal and academic accountability for each school.

15B. An independent charter school board may hold multiple charter contracts with independent fiscal and academic accountability for each school.

16. Extracurricular and Interscholastic Activities Eligibility and Access

weight = 1 | Possible total = 4

North Carolina law is silent about extra-curricular and interscholastic activities eligibility and access for charter school students and employees.

1

16A. Laws or regulations explicitly state that charter school students and employees are eligible to participate in all extracurricular and interscholastic activities available to noncharter public school students and employees.

16B. Laws or regulations explicitly allow charter school students in schools not providing extracurricular and interscholastic activities to have access to those activities at noncharter public schools.

17. Clear Provisions Regarding Special Education Responsibilities

weight = 2 | Possible total = 8

North Carolina law contains a small number of the model law’s provisions regarding special education responsibilities.

North Carolina law provides that the state board of education must allocate to each charter school: an amount equal to the average per pupil allocation for average daily membership from the local school administrative unit allotments in which the charter school is located for each child attending the charter school except for the allocation for children with disabilities and for the allocation for children with limited English proficiency; an additional amount for each child attending the charter school who is a child with disabilities; and an additional amount for children with limited English proficiency attending the charter school, based on a formula adopted by the state board.

Although this information is not counted within this analysis (since these provisions are not codified in state law or state board policy), the state board’s charter application makes it clear that a charter school cannot deny admission to any child eligible for special education services and that the school is required to provide a full continuum of services to meet the unique needs of all students with disabilities and the state board’s charter contract designates the charter school as the LEA for purposes of meeting special education requirements pursuant to the Individuals with Disabilities Education Act.

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17A. Clarity regarding which entity is the local education agency (LEA) responsible for providing special education services.

17B. Clarity regarding the flow of federal, state, and local special education funds to the designated LEA.

17C. Clarity regarding funding for low-incident, high-cost services for charter schools (in the same amount and/or in a manner similar to other LEAs).

17D. Clarity that charter schools have access to all regional and state services and supports available to traditional districts.

18. Equitable Operational Funding and Equal Access to All State and Federal Categorical Funding

weight = 4 | Possible total = 16

North Carolina law provides that the state board of education must allocate to each charter school: an amount equal to the average per pupil allocation for average daily membership from the local school administrative unit allotments in which the charter school is located for each child attending the charter school; an additional amount for each child attending the charter school who is a child with disabilities; and an additional amount for children with limited English proficiency attending the charter school, based on a formula adopted by the state board.

North Carolina law provides that if a student attends a charter school, the local school administrative unit in which the child resides must transfer to the charter school an amount equal to the per pupil share of the local current expense fund of the local school administrative unit for the fiscal year.

In a national study of charter school funding (University of Arkansas, Charter School Funding: Inequity Expands, 2014), North Carolina charter schools were receiving on average $7,829 per pupil in public funds, while district public schools would have received $9,643 for those students. As a result, the state's charter schools were receiving $1,814 per pupil – or 18.8% - less than what the district public schools would have received for those students. This figure includes all sources of funding, and analysis reveals some significant inequities for both operational and capital funding (see component 19 for information on capital issues).

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18A. Equitable operational funding statutorily driven.

18B. Equal access to all applicable categorical federal and state funding and clear guidance on the pass-through of such funds.

18C. Funding for transportation similar to school districts.

18D. Annual report offering district and charter public school funding comparisons and including annual recommendations to the legislature for any needed equity enhancements.

19. Equitable Access to Capital Funding and Facilities

weight = 4 | Possible total = 16

North Carolina law contains a small number of the model law’s provisions regarding equitable access to capital funding and facilities.

North Carolina law provides that charter schools are eligible for tax-exempt bond financing through the North Carolina Capital Facilities Finance Authority.

North Carolina law provides that at the request of a charter school, a local board of education of the local school administrative unit in which the charter school will be located shall lease any available building or land to the charter school unless the board demonstrates that the lease is not economically or practically feasible or that the local board does not have adequate classroom space to meet its enrollment needs. The law also allows a local board of education to provide a school facility to a charter school free of charge; however, the charter school is responsible for the maintenance of and insurance for the school facility. The law also states that if a charter school has requested to lease available buildings or land and is unable to reach an agreement with the local board of education, the charter school shall have the right to appeal to the board of county commissioners in which the building or land is located. The board of county commissioners shall have the final decision-making authority on the leasing of the available building or land.

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Facilities Funding

19A. A per-pupil facilities allowance that annually reflects actual average district capital costs.

19B. A state grant program for charter school facilities.

19C. Equal access to existing state facilities programs available to noncharter public schools.


Access to Public Space

19D. A requirement for districts to provide school district space or funding to charter schools if the majority of that school’s students reside in that district.

19E. Right of first refusal to purchase or lease at or below fair market value a closed, unused, or underused public school facility or property.


Access to Financing Tools

19F. A state loan program for charter school facilities.

19G. Equal access to tax-exempt bonding authorities or allowing charter schools to have their own bonding authority.

19H. Pledging the moral obligation of the state to help charter schools obtain more favorable bond financing terms.

19I. The creation and funding of a state charter school debt reserve fund.

19J. The inclusion of charter schools in school district bonding and mill levy requests.

19K. A mechanism to provide credit enhancement for charter school facilities.


Other

19L. Charter schools allowed to contract at or below fair market value with a school district, a college or university, or any other public or for-profit or nonprofit private entity for the use of facility for a school building.

19M. Certain entities allowed to provide space to charter schools within their facilities under their preexisting zoning and land use designations.

19N. Charter school facilities exempt from ad valorem taxes and other assessment fees not applicable to other public schools.

20. Access to Relevant Employee Retirement Systems

weight = 2 | Possible total = 8

North Carolina law provides charter schools access to the relevant employee retirement systems, but does not require them to participate.

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20A. Charter schools have access to relevant state retirement systems available to other public schools.

20B. Charter schools have the option to participate (i.e., not required).

21. Full-Time Virtual Charter School Provisions (if such schools allowed by state)

weight = 3 | Possible total = 12

North Carolina law does not include any of the model law’s provisions regarding full-time virtual charter schools.

0

21A. An authorizing structure whereby full-time virtual charter schools that serve students from more than one district may be approved only by an authorizer with statewide chartering jurisdiction and authority, full-time virtual charter schools that serve students from one school district may be authorized by that school district, and a cap is placed on the total amount of funding that an authorizer may withhold from a full-time virtual charter school.

21B. Legally permissible criteria and processes for enrollment based on the existence of supports needed for student success.

21C. Enrollment level provisions that establish maximum enrollment levels for each year of a charter contract, with any increases in enrollment from one year to the next based on whether the school meets its performance requirements.

21D. Accountability provisions that include virtual-specific goals regarding student enrollment, attendance, engagement, achievement, truancy, and attrition.

21E. Funding levels per student based on costs proposed and justified by the operators.

21F. Performance-based funding whereby full-time virtual charter schools are funded via a performance-based funding system based on meeting the accountability performance provisions.