NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06G .0506
Plain English summary
This regulation establishes a three-stage governance noncompliance framework for charter schools in North Carolina. Charter schools found to have governance deficiencies—such as failure to follow bylaws, maintain enrollment minimums, or meet teacher certification requirements—can be placed on Cautionary, Probationary, or Disciplinary Status, each with defined correction windows. Repeated failure to correct violations can result in monthly state funding restrictions and referral to the Charter Schools Advisory Board.
Key requirements
- Failure of the board to conduct meetings in accordance with schedule in the bylaws or the approved charter application and failure to adopt and follow policies regarding the operation of the charter school including Personnel, Disciplinary, and Parental Grievance policies.
- Failure to show progress towards the educational and organizational goals described in the approved charter school application.
- Failure to maintain minimum student enrollment stated in the charter application or approved waiver to operate under the minimum of 80 students.
- Bylaws violations including, failure to follow the Open Meetings Law, failure to maintain Public Records, failure to implement a Conflict of Interest Policy, failure to adhere to rules of Parliamentary Procedure.
- Charter Agreement violations including, failure to follow State or federal laws, failure to meet the health and safety standards required in G.S. 115C-218.75, failure to make adequate academic progress as described in the charter application, failure to comply with State testing and accountability statutes and rules in this Chapter, and failure to supply all reports and documentation as requested by the Office of Charter Schools to ensure legal compliance with General Statutes, State Board of Education rules in this Chapter, and the Charter Agreement.
- Failure to maintain certification of at least 50 percent of teachers in all grades pursuant to G.S. 115C-218.90 from December 31 of each year through the end of the school calendar year.
- The school remains in cautionary status for 30 calendar days and during that time must correct the exception that caused the warning.
- Failure to correct the exception during the 30 calendar days cautionary period constitutes a second governance warning and the school will be placed on Governance Probationary Status.
- The school remains on Governance Probationary Status for 30 calendar days and during that time must correct the exceptions that caused all of the governance warnings.
- Failure to correct the exception during the 30 calendar days probationary period constitutes a third governance warning and the school will be placed on Governance Noncompliance Status.
- The school remains on Governance Noncompliance Status for 10 calendar days.
- State funds for the school may be allotted on a monthly basis until the exceptions that caused all of the governance warnings are corrected.
- A School placed in Governance Noncompliance Status may be referred to the Charter Schools Advisory Board for appropriate inquiry and action as determined by the State Board of Education.
Affected parties
- charter schools
- charter school boards
- State Board of Education
- Office of Charter Schools
- Charter Schools Advisory Board
- charter school students and parents