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Charter School Law 101 September 2016 Cande Honeycutt, Education Consultant NC Office of Charter Schools.

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Presentation on theme: "Charter School Law 101 September 2016 Cande Honeycutt, Education Consultant NC Office of Charter Schools."— Presentation transcript:

1 Charter School Law 101 September 2016 Cande Honeycutt, Education Consultant NC Office of Charter Schools

2 Purpose Charter School Law Next Steps Agenda Reasons for understanding Charter School Law Review of Charter School Law Homework 2

3 Reason for Understanding Charter School Law 1.Meet the legal requirements for Charter School Operation 2.Prevent legal issues related to non-compliance (both within state agencies and through private litigation) 3.Provide high quality educational options for families. 3

4 NC Charter School Law Where to find the NC Charter School Law: Online: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ ByArticle/Chapter_115c/Article_14A.pdf http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ ByArticle/Chapter_115c/Article_14A.pdf http://www.ncleg.net/Sessions/2015/Bills/House/PDF/H242v6. pdf http://www.ncleg.net/Sessions/2015/Bills/House/PDF/H242v6. pdf Print: 2015 North Carolina Public School Law, available in NCDPI publications 4

5 First Rule in NC Charter School Law Unless the statute specifically states “charter schools” or “all public schools”, the statute does not apply to charter schools. 5

6 Let’s Review What You know! 6

7 115C-218.15 Accountability 7 115C-218.15 Operation

8 115C-218.15 Tax-Exempt Status 8 115C-218.15 Conflict of Interest & Nepotism 115C-218.15 Board Residence 115C-218.25 Open Meetings and Public Records 115C-218.20 Civil Liability & Insurance Requirements

9 115C-218.50 Fees 9 115C-218.55 Nondiscrimination 115C-218.65 NC Report Cards 115C-218.80 Display of Flags and Pledge 115C-218.50 Nonsectarian

10 10 115C-218.75 Health & Safety 115C-218.75 School Risk Management Plan

11 115C-218.85 School Calendar 11 115C-218.85 Student Performance Standards 115C-218.85 Student Assessments 115C-218.85 Students with Disabilities

12 115C-218.90 Employment 12 115C-218.90 Licensure 115C-218.90 Criminal History Checks

13 115C-218.25 Open Meetings and Public Records The nonprofit board of directors shall use the same schedule as established by the Dept. of Natural and Cultural Resources for Records retention and disposition. http://archives.ncdcr.gov/Portals/3/PDF/schedules/Local%20Schedules/L ocal_Education_Agencies_19990219.pdf?ver=2016-03-11-084038603 13

14 115C-218.30 Reporting The school is subject to financial audits. The school shall comply with reporting requirements established by the SBE in the Uniform Education Reporting System (UERS) The school shall report at least annually to the SBE the information required by the SBE. 14

15 115C-218.45 Student Admissions Any child who is qualified under the laws of this State for admission to a public school is qualified for admission to a charter school. 15

16 115C-218.45 Admission Preferences 1. Siblings of currently enrolled students who were admitted to the charter school in a previous year. Siblings include any of the following residing in the same household: half siblings, stepsiblings, and children residing in a family foster home. 16

17 115C-218.45 Admission Preferences 2. 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. 17

18 115C-218.45 Admission Preferences 3. Children of the school’s full-time employees and board of directors as long as the total preference enrollment is not more than 15% of the total school enrollment. 18

19 115C-218.45 Admission Preferences 4. A student who was enrolled in the charter school within the two previous school years but left the school to participate in an academic student abroad program or competitive admission residential program or because of vocational opportunities of the student’s parent. 19

20 115C-218.45 Admission Preferences 5. A student who was enrolled in another charter school in the State in the previous school year that does not offer the student’s next grade level. 20

21 115C-218.45 Admission Preferences 6. A student who was enrolled in another charter school in the State in the previous school year that does not offer the student’s next grade level and both of the charter schools have an enrollment articulation agreement to accept students or are governed by the same board of directors. 21

22 115C-218.45 Sibling Lottery 1. If siblings apply for admission to charter school and a lottery is needed, the charter school may enter one surname into the lottery to represent all siblings applying, then all siblings shall be admitted to the extent that space is available. 22

23 115C-218.45 Sibling Lottery 2. If multiple birth siblings apply for admission to a charter school and a lottery is needed, the charter school shall enter one surname to represent the multiple birth siblings. If the surname is selected, then all of the multiple birth siblings shall be admitted. 23

24 115C-218.45 Weighted Lottery If a procedure for a weighted lottery reflecting the mission of the school has been approved by the SBE as part of the charter and a lottery is needed, then the lottery shall be conducted according to the procedure in the charter. 24

25 115C-218.45 Lottery During each period of enrollment, the charter school shall enroll an eligible student who submits a timely application, unless the number of applications exceeds the capacity of the program, class, grade level, or building. In this case, students shall be accepted by lot. Once enrolled, students are not required to reapply. 25

26 115C-218.45 Suspension/Expulsion A charter school may refuse admission to any student who has been expelled or suspended from a public school until the period of suspension or expulsion has expired. 26

27 115C-218.60 Exclusion A charter school may exclude a student from the charter school and return the student to another school in the local administrative unit in accordance with the terms of its charter after due process. 27

28 Homework Read and familiarize yourself with NC charter school law and all applicable laws or policies associated or referenced within. This presentation did not cover all legal requirements for charter schools. 28

29 Questions Contact Information: Cande Honeycutt, M.A., M.A.Ed. Education Consultant NC Office of Charter Schools 919-807-3493 Cande.Honeycutt@dpi.nc.gov 29


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