Legal Updates - March - the NC Office of Charter Schools Wiki!

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March 2015
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Exceptional Children programmatic issues – from THE FIRST DAY
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Failure to have appropriate policies OR failing to follow them
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Ignoring issues because they “will just go away”
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Test security or implementation
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Enrollment/lottery
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Charter School Law
 115C-218
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State Board policies
 TCS-U series
▪ 003 – 30 day admission cycle
▪ 004 – liability insurance
▪ 006 – $$ impact of not
starting year meeting
certification requirements
▪ 014 – amendment process
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Charter Agreement
 Must have conflict of
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interest and nepotism
policies**
Cannot hire teacher with
revoked license
Notification of default
Fees that LEA charges
SBE may do announced
or unannounced visits
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TCS-U-017 (Bid Process)
 On a case-by-case basis
 Statute says who can
assume a charter:
▪ Comparable to LEA in
academics
▪ Clean financials
▪ Compliant with law,
policies, and bylaws
1. Revision of Renewal policy
2. Recodification
3. Governance policy???
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SBE Strategic Plan
directs OCS to create
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2014-15 is the baseline
year for data
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Held regional meetings
and presented to CSAB
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Will present 3 year trend
1.Academic
2.Operational
3.Finance
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Teacher, employed by the charter school, may be a board member
but that person must be NONVOTING
• Balance this with the Charter Agreement….
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No employee of charter school is immediate family of board member
No employee shall be a voting member of the board
No board member is employee of for-profit company serving the school
Renewal is 10 years unless one of the following:
• Not financially sound audits for 3 years
• Not comparable with LEA academics last three years
• Current compliance issues
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Expand one grade lower without SBE approval if….***
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Academics are comparable to LEA in previous year
• Financial audits are sound previous year
• School in compliance
• Operation for less than 3 years
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Board member preference is no longer reserved for the
first year only
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Cannot exceed 15% (for board and staff children) of total
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If single gender mission, the charter may limit admission on gender
Statutory – Public Records Act and NC Open Meetings Law
• CFO memo and yearly submission
• Follow Retention and Disposition Schedule for LEAs put forward
by Department of Cultural Resources
Funding of charters
• LEAs must provide additional info in local current expense fund
• One year to pay settlement
Permanent plates if you run buses to pick up children
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Annual distribution of school/cyber bullying policies
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Charters are encouraged to have…if you do, then shall provide policy to
staff, students, and parents in student/employee handbooks
You must be thinking about this RIGHT NOW!!
Property insurance system by SBE – stay tuned….
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AP/IB pay testing fees for students (if funds are available)
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Epi-pens and auto-injectors….effective 11/1/2014
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Funds for charter school closure -- $50,000
• Groups that submit initial charters or their renewal
AFTER bill is law
CONSULT WITH YOUR ATTORNEY FOR ADDITIONAL INTERPRETATION
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Students may voluntarily pray, express religious viewpoints at
school (and in assignments), organize prayer groups, and possess or
distribute literature
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Personnel cannot be prohibited from adopting a “religious posture”
during the student-initiated activity
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Student prohibited from the above IF the school needs to do so for
purposes of maintaining order, discipline, or the rights of other
students
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DO NOT FORGET: charter schools have curriculum flexibility
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A curriculum review board is formed to look at the standards
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May keep some components of the common core
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Common Core and Essential Standards remain in place for now
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State Board of Education must approve any new curriculum
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