Charter School Omnibus (HB 219/Session Law 2023-107) includes changes that reduce oversight, expand enrollment, and remove guardrails against preferential admissions practices. House Bill was vetoed by Governor Cooper in July 2023. In August the General Assembly voted to override Governor Cooper’s veto and the bill became law on August 16, 2023.
- The law states that the Board “shall not consider any alleged impact on the local school administrative unit or units in the area served by a charter school when deciding whether to grant, renew, amend, or terminate a charter.” Charter schools already contribute to racial and wealth segregation (see our fact sheet), and this provision may accelerate the process.
- All charter schools except low-performing schools are allowed to increase their maximum enrollment annually without review after their second year of operation.
- Low-performing charter schools may increase their maximum enrollment up to 20% annually without review.
- Charter schools can enroll out-of-state students up to 10% of the student population and can charge tuition between 50% and 100% of the local per-pupil allotment.
- Charter schools can also enroll foreign exchange students and charge tuition.
- Enrollment preferences added for selected preschools and children of military families. Up to 10% of a school’s total enrollment can come from a preschool program that has a written agreement with the charter school.
- Counties may now provide capital funds to charter schools to be used for property, furniture, technology, etc. purchases.
Charter School Review Board (HB 618/Session Law 2023-110) shifts authority for approving and reviewing charter school applications and performance away from the State Board of Education to a newly named review board. This bill was also vetoed by Governor Cooper in July 2023. In August the General Assembly voted to override Governor Cooper’s veto and it became law on August 16, 2023.
The North Carolina Charter School Advisory Board is renamed the North Carolina Charter School Review Board and is given most of the State Board of Education’s responsibilities regarding charter schools:
- Review and approve or deny charter applications, renewals, and revocations.
- Make recommendations to the State Board of Education about appeals being considered.
- Recommends to the State Board of Education adoption of rules regarding all aspects of charter school operation including criteria for acceptance, approval, monitoring, and grounds for revoking charters. The State Board of Education may not consider adoption of any rule that is not previously recommended by the Charter schools Review Board.
Membership
- Four members appointed by the General Assembly as recommended by the Senate leader
- Four members appointed by the General Assembly as recommended by the House leader
- Two members appointed by the State Board of Education who are not current members of the Board and who are charter school advocates in North Carolina
- Lieutenant Governor or designee
Parents’ Bill of Rights (SB 49/Session Law 2023-106) enumerates a number of rights already in state law and adds requirements for teachers, schools, and districts. The bill was vetoed by Governor Cooper in July. The General Assembly voted to override his veto and the bill became law on August 16, 2023.
Parents’ Bill of Rights applies to public school units (i.e. traditional public schools and charter schools) but not to private schools, even if the private school receives voucher funds. The bill has three major parts.
Part 1 lists certain rights of parents related to the education, health, privacy, and safety of their child (most are already part of state law). For example, parents can access and review student education records under FERPA and make health care decisions, unless otherwise provided by law.
Part 2 describes the types of parental notifications required and processes to be established when parents have concerns. It requires districts and schools to provide parents with information related to parents’ legal rights such as being able to review statewide standardized assessment results or request an evaluation of their child for identification of a disability, and inspect textbooks and other supplementary instructional materials.
At the beginning of the school year, schools must provide a Parents’ Guide to Student Achievement that includes information on educational progress and how to help their child succeed in school. This includes parental involvement opportunities, student promotion requirements, rights of students with disabilities and other information. Notably, it also requires that the public schools provide parents with a list of all educational choices available, including types of public schools, private schools, and funding opportunities (e.g. vouchers).
The bill also establishes a timeline for parents to request and receive information and steps to be taken if requests are not fulfilled in accordance with the timeline.
A widely discussed provision is the prohibition on curriculum about gender identity and sexuality in K-4. For the purposes of the bill, curriculum includes “the standard course of study and support materials, locally developed curriculum supplemental instruction, and textbooks and other supplementary materials, but does not include responses to student-initiated questions.”
The bill also prohibits school personnel to notify parents if a student wishes to be called by a name or pronoun different from that on school records.
Part 3 prohibits health care practitioners from providing treatment for minors without first obtaining documented consent except in the case of specific circumstances such as immediate danger to the child.
Due to the many questions about the bill and after a special request by Superintendent Truitt for time to develop guidance for the districts and charter schools, full implementation was postponed until January 2024.
Various Statutory Changes (HB 8/Session Law 2023-132) was signed into law in September. It adds a semester course in computer science to high school graduation requirements. The requirement applies to students who enter ninth grade in 2024-25. The bill was signed into law by Governor Cooper in September 2023.
Fairness in Women’s Sports Act (HB 574/Session Law 2023-109) restricts participation in athletic teams designated for females, women, or girls to participants whose biological sex was female at birth. The restriction applies to public schools and private schools that compete in leagues with public schools. The bill was vetoed by Governor Cooper in July. The General Assembly voted to override his veto and the bill became law on August 16, 2023.