NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06G .0510
Plain English summary
This regulation establishes a two-tier approval process for charter amendments by existing public charter schools in North Carolina. Material amendments such as grade expansion, relocation beyond 5 miles, charter transfers, and management company changes require State Board of Education approval, while lesser amendments such as bylaw changes, school name, curriculum, and scheduling changes require only Department of Public Instruction staff approval. The Department of Public Instruction retains discretion to escalate any proposed amendment to the SBE for review regardless of tier.
Key requirements
- Grade expansion beyond increases contemplated in G.S. 115C-218.8(3) requires SBE approval prior to implementation.
- Relocation outside a 5-mile radius or outside of the Local Education Agency (LEA) identified in the charter requires SBE approval prior to implementation.
- Transferring the charter to another non-profit entity requires SBE approval prior to implementation.
- Altering the mission or targeted student population requires SBE approval prior to implementation.
- Employing or terminating a management company requires SBE approval prior to implementation.
- Change to the charter application with respect to the National School Lunch program requires SBE approval prior to implementation.
- Enrollment growth, consistent with requirements in G.S. 115C-218.7, requires SBE approval prior to implementation.
- In determining whether to approve a material charter amendment, the SBE shall consider: demonstrated need for the amendment by the charter school; impact of the amendment on the student population, governing board of directors, and staff; and impact on the LEA.
- Bylaws, name of the charter school, Articles of Incorporation, relocation within a 5-mile radius, class sizes, length of school day, length of academic year, curriculum changes, student transportation changes, food service plan changes, requests to delay opening by one year, and enrollment changes due to an approved one year delay require Department of Public Instruction staff approval prior to implementation but do not require further approval from the SBE.
- In determining whether to approve a charter amendment, Office of Charter Schools staff shall consider: demonstrated need for the amendment by the charter school; impact of the amendment on the student population, governing board of directors, and staff; and impact on the LEA.
- Notwithstanding the foregoing, the Department of Public Instruction may submit any proposed amendment to the SBE for its review and approval or denial.
Affected parties
- Public charter schools
- State Board of Education
- Department of Public Instruction
- Office of Charter Schools
- Local Education Agencies (LEAs)
- Charter school governing boards
- Charter school staff
- Charter school student populations