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Short Title:        No Cap on Number of Charter Schools.



Senators Stevens;  Allran, Apodaca, Bingham, Brock, Brown, Brunstetter, Clary, Goolsby, Graham, Gunn, Harrington, Hise, Hunt, Meredith, Newton, Pate, Preston, Rouzer, Soucek, Tillman, and Tucker.

Referred to:

Education/Higher Education.

January 31, 2011


AN ACT to remove the cap on the number of charter schools.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 115C-238.29D(b) is repealed.

SECTION 2.  G.S. 115C-105.37B(a)(2) reads as rewritten:

"(a)       Notwithstanding any other provision of this Article, the State Board of Education is authorized to approve a local board of education's request to reform any school in its administrative unit which the State Board of Education has identified as one of the continually low-performing schools in North Carolina.

If the State Board of Education approves a local board of education's request to reform a school, the State Board of Education may authorize the local board of education to adopt one of the following models in accordance with State Board of Education requirements:

(2)        Restart model, in which the State Board of Education would authorize the local board of education to operate the school with the same exemptions from statutes and rules as a charter school authorized under Part 6A of Article 16 of this Chapter, or under the management of an educational management organization that has been selected through a rigorous review process. A school operated under this subdivision remains under the control of the local board of education, and employees assigned to the school are employees of the local school administrative unit with the protections provided by G.S. 115C-325. This subdivision shall not be interpreted to increase the maximum number of charter schools provided in G.S. 115C-238.29D(b). No school authorized under this subsection shall count against the limit provided for charter schools in G.S. 115C-238.29D(b)."

SECTION 3.  This act is effective when it becomes law.