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New Laws for Public Charter Schools (adapted in part from information provided by NC Alliance for Public Charter Schools & directly from SB 337) |
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From the office of Senator Angela Bryant:
SB 337, signed by Governor McCrory on July 25, officially became law on August 1st. The property tax portion of the bill became effective July 1, 2013. A basic summary of the new law and the ratified version of the bill is below:
Advisory Board: The primary intent of the bill was to create a ‘supportive’ Advisory Board for Charter Schools. The Board has equal appointments from the Governor, House and Senate. The Board is charged with the main responsibility of reviewing the new applications for Charters and making recommendations to the State Board of Education (SBE) concerning Charter School policy. The criterion for a board member appointment is that each member must be actively engaged in, and familiar with, Charter operations.
Professional Application Review: The new Board along with the SBE will decide on a fee for processing new Charter School applications. The fee is warranted in that a review procedure by paid subject-matter professionals must be put in place to assure fair assessment of applications. Legislators recognized that a board applying for a Charter will have the fiduciary responsibility for millions in state tax dollars and therefore the applicant should be willing to register their corporation with Secretary of State and be willing to share the cost for accountants, attorneys, and other professionals to review all applications. With the cap removed and hundreds of charter applications being made to the State, we agreed this would be the responsible thing to do and asked that any fee be capped at $1,000. The fee can be between $500 and $1,000 based on the new law and the actual cost of a professional application review processes.
No LEA Impact Statement: In the application process, the LEA (local education authority/local school system) impact statement requirement has been removed. Multiple authorizers for Charter Schools have also been removed from the bill with the final process being what has been common practice since 1996. Neither the NC University System nor the LEAs have shown any interest in being authorizers of Charters. Nothing in the new law prevents a college or LEA from working with a local group to apply for a charter and cooperate or share in its management and operation.
Teacher Licensure/College Graduate Requirement Reduced: The bill changes the requirements for teacher licensure to 50% for all grades, K-12. All teachers in grades six through 12 who are teaching in the core subject areas of mathematics, science, social studies, and language arts shall be college graduates. The NC Alliance for Public Charters feels strongly that charters should be able to hire the best qualified college graduates (can have up to 50% non-college graduates) to teach, regardless of certification.
Background Checks to Match LEA Requirements: The law on criminal background checks has also changed in this bill. The mandate was repealed and replaced by language allowing the Charter to follow the lead of the LEA. Traditional public schools are not required to do criminal background checks statewide. It is left up to the local boards of education. Likewise, Charter Boards must now adopt a policy on criminal background checks.
Equitable Funding and LEA Accountability: On the funding issues, new language allows an easier process for borrowing operating capital. Also, another big win for charter schools is the mandate that the LEA shall pay the Charter within 30 days of receipt of pass-thru funding and to offer a detailed formula in accounting of those funds. Moreover, buildings and property housing the charter school are exempt from county or city property tax, no matter who owns the property, if it is used exclusively for a Charter School. These savings should be passed along to the school in negotiations with the landlord. Lastly, 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.
Reassignment of Failing Charters: Another important item is the assignability of a failing Charter to another group through a bid process rather than an out-right closure of the school. If a charter school fails due to poor financial management, this provision would allow the school to continue operation under new management and board and not disrupt the education of the students.
Below please link to the ratified version of the new law for your review. http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S337v8.pdf