Bill Summary – FastDemocracy

H.B. 149
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                               Feb 20, 2023
                                      SESSION 2023                                       HOUSE PRINCIPAL CLERK
     H                                                                                                  D
                                     HOUSE BILL DRH30074-TC-22
     Short Title:   Remote Charter Academies.                                                     (Public)
     Sponsors:      Representative Elmore.
     Referred to:
                                     A BILL TO BE ENTITLED
 AN ACT TO PROVIDE FOR REMOTE CHARTER ACADEMIES AND TO PROVIDE A
     ONE-YEAR EXTENSION OF THE VIRTUAL CHARTER SCHOOL PILOT PROGRAM.
 The General Assembly of North Carolina enacts:
             SECTION 1. Article 14A of Chapter 115C of the General Statutes is amended by
 adding a new Part to read:
                                 "Part 7. Remote Charter Academies.
 "§ 115C-218.120. Remote charter academies.
     (a)     As part of an application or modification of a charter, a nonprofit may apply to the
 State Board of Education for approval to include a remote charter academy that meets the
 requirements of this Part as part of the nonprofit's charter. A charter that includes a remote charter
 academy may enroll students for both in-person instruction and in the remote charter academy.
     (b)     As part of the application or modification of a charter, the nonprofit shall designate
 which of the following enrollment areas the remote charter academy will use to enroll students:
             (1)     A statewide remote charter academy that admits students in accordance with
                     G.S. 115C-218.45.
             (2)     A      regional    remote      charter     academy        that,   notwithstanding
                     G.S. 115C-218.45(a), admits students only from the county in which the
                     charter school is located and the counties of the State geographically
                     contiguous to that county.
     (c)     A remote charter academy provides instruction primarily online through a
 combination of synchronous and asynchronous instruction delivered to students in a remote
 location outside of the school facility. A remote charter academy may include any combination
 of grade levels.
     (d)     Notwithstanding G.S. 115C-84.3, an approved remote charter academy may satisfy
 the minimum required number of instructional days or hours for the school calendar through
 remote instruction.
 "§ 115C-218.121. Remote charter academy enrollment.
     (a)     A student shall not be assigned to attend a remote charter academy without parental
 consent. A charter school shall require an application to secure parental consent prior to
 enrollment of a student in a remote charter academy.
     (b)     A remote charter academy shall identify characteristics for successful remote learning
 and establish criteria for admittance to a remote charter academy and shall make that information
 available to parents.
     (c)     A student enrolled in the charter school may not be denied admission to the remote
 charter academy solely on the basis that the student is a child with a disability. If a student is
                                     *DRH30074-TC-22*
     General Assembly Of North Carolina                                                   Session 2023
 admitted to a remote charter academy, that student's IEP team, as defined in G.S. 115C-106.3, or
 section 504 team, 29 U.S.C. § 794, must plan for a successful student entry and accommodations
 necessary to provide for a free appropriate public education in the remote charter academy.
     (d)     A charter school that provides in-person instruction may reassign a student to
 in-person instruction during the school year if the board of directors determines that in-person
 instruction would better ensure academic success for that student. The board of directors may
 delegate this authority to the chief administrator of the school.
 "§ 115C-218.122. Remote charter academy requirements.
     (a)     Except as provided in this Part, a remote charter academy shall meet the same
 requirements as for other charter schools established by this Article.
     (b)     A remote charter academy shall provide all of the following to enrolled students:
             (1)    Any hardware and software needed to participate in the remote charter
                    academy. Students may not be charged rental fees but may be charged damage
                    fees for abuse or loss of hardware or software under rules adopted by the State
                    Board of Education.
             (2)    Access to a learning management platform that enables monitoring of student
                    performance and school-owned devices, as well as allows video conferencing
                    and supervised text-based chat for synchronous communication.
             (3)    Access to the internet that is available during instructional hours, evenings,
                    and weekends.
             (4)    Technical support that is available during instructional hours.
             (5)    For children with an individualized education program (IEP), as defined in
                    G.S. 115C-106.3, or a section 504 plan, 29 U.S.C. § 794, adaptive or assistive
                    devices, transportation, and in-person services as required by that program or
                    plan.
     (c)     A remote charter academy may require students to attend in person to fulfill
 State-mandated student assessments. A remote charter academy may conduct optional in-person
 meetings between students and instructors or parents and instructors at a charter school facility.
     (d)     The employees of a remote charter academy shall meet the same licensure and
 evaluation requirements as required for in-person employees of charter schools. The remote
 charter academy shall ensure sufficient digital teaching and learning support staff, including, at
 a minimum, the following:
             (1)    An instructional technology facilitator.
             (2)    A school library media coordinator.
             (3)    A data manager.
             (4)    Sufficient remote technicians to ensure technical support throughout the
                    instructional day for staff and students.
 "§ 115C-218.123. Remote charter academy approval process.
     (a)     A nonprofit seeking to provide a remote charter academy shall submit to the State
 Board of Education as part of the application for approval or modification of a charter a plan that
 provides for the following:
             (1)    Whether the enrollment area of the remote charter academy will be statewide
                    or regional.
             (2)    The range of grades for which the remote charter academy will offer courses.
             (3)    The method by which the remote charter academy will monitor calendar
                    compliance, enrollment, daily attendance, course credit accrual, progress
                    toward graduation, and course completion.
             (4)    Hardware, software, and learning management platforms that support online
                    learning.
             (5)    The measures used to ensure that both synchronous and asynchronous remote
                    instruction time, practice, and application components support learning
     Page 2                                                                         DRH30074-TC-22
     General Assembly Of North Carolina                                                   Session 2023
                      growth that continues toward mastery of student achievement goals for the
                      school's educational program.
              (6)     The professional development that will be provided to those teaching in the
                      remote charter academy related to the pedagogy of providing remote
                      instruction.
              (7)     The identified characteristics for successful remote learning and criteria for
                      admission to the remote charter academy. The board of directors shall identify
                      the means by which information will be communicated to the parents and legal
                      guardians of prospective applicants and current enrollees about the remote
                      charter academy and those characteristics and criteria to allow for informed
                      decisions about enrollment.
              (8)     Any school nutrition services or transportation services that will be provided
                      to students.
     (b)      The State Board of Education shall review and approve a charter or charter
 modification for the creation of a remote charter academy that meets the requirements established
 in this Part for a term of five years. The State Board of Education shall approve a minimum of
 two statewide remote charter academies that meet the qualifications of this Part.
 "§ 115C-218.124. Operation and renewal of remote charter academies.
     (a)      Each approved remote charter academy shall adhere to the plan submitted to and
 approved by the State Board of Education as part of the approved charter unless the board of
 trustees obtains a charter modification.
     (b)      Each approved remote charter academy shall receive a school code.
     (c)      A nonprofit may apply for renewal of the remote charter academy for additional terms
 of five years. The State Board shall consider compliance with the requirements of this Part and
 success of the remote charter academy in the prior five years in determining whether to approve
 a request for renewal of a remote charter academy.
 "§ 115C-218.125. Evaluation.
     The State Board of Education shall evaluate the success of remote charter academies
 approved under this Part. Success shall be measured by school performance scores and grades,
 retention rates, attendance rates, and, for grades nine through 12, high school completion and
 dropout rates. The Board shall report by November 15 of each year to the Joint Legislative
 Education Oversight Committee on the evaluation of these academies and on any recommended
 statutory changes."
              SECTION 2. G.S. 115C-218, 115C-218.1, 115C-218.2, 115C-218.3, 115C-218.5,
 115C-218.6, 115C-218.7, and 115C-218.8 are codified into Part 1 of Article 14A of Chapter
 115C of the General Statutes, Governance and Applications for Charter Schools.
 G.S. 115C-218.10, 115C-218.15, 115C-218.20, 115C-218.25, 115C-218.30, 115C-218.35,
 115C-218.37, 115C-218.40, 115C-218.42, 115C-218.45, 115C-218.50, 115C-218.55,
 115C-218.60, 115C-218.65, 115C-218.70, 115C-218.75, 115C-218.80, 115C-218.85, and
 115C-218.90 are codified into Part 2 of Article 14A of Chapter 115C of the General Statutes,
 Operation of Charter Schools. G.S. 115C-218.94, 115C-218.95, and 115C-218.100 are codified
 into Part 3 of Article 14A of Chapter 115C of the General Statutes, Evaluation of Charter Schools.
 G.S. 115C-218.105 is codified into Part 4 of Article 14A of Chapter 115C of the General Statutes,
 Funding of Charter Schools. G.S. 115C-218.110 is codified into Part 5 of Article 14A of Chapter
 115C of the General Statutes, Reporting on Charter Schools. G.S. 115C-218.115 is codified into
 Part 6 of Article 14A of Chapter 115C of the General Statutes, Charter Schools Pre-K Programs.
              SECTION 3.(a) Section 8.35 of S.L. 2014-100, as amended by Section 8.13 of S.L.
 2016-94, Section 7.13 of S.L. 2018-5, and Section 7.13 of S.L. 2022-74, reads as rewritten:
     "SECTION 8.35.(a) Notwithstanding G.S. 115C-218.5 or any other provision of law to the
 contrary, the State Board of Education shall establish a pilot program to authorize the operation
 of two virtual charter schools serving students in kindergarten through twelfth grade. The State
     DRH30074-TC-22                                                                              Page 3
     General Assembly Of North Carolina                                                    Session 2023
 Board shall establish an application process to allow student enrollment in the selected virtual
 charter schools beginning with the 2015-2016 school year. A virtual charter school participating
 in the pilot may serve any grade span of students in kindergarten through twelfth grade. The pilot
 program shall continue for a period of 10 11 school years and shall end with the 2024-2025
 2025-2026 school year.
     "SECTION 8.35.(b) The virtual charter schools participating in the pilot program authorized
 by this section shall be subject to the statutes and rules applicable to charter schools pursuant to
 Article 14A of Chapter 115C of the General Statutes, except as follows:
              (1)    The maximum student enrollment in any participating school shall be no
                     greater than 1,500 in its first year of operation and may increase by twenty
                     percent (20%) for each participating school up to a maximum student
                     enrollment of 2,592 in the fourth year of the pilot. The State Board of
                     Education may waive this maximum student enrollment threshold, beginning
                     in the fourth year of the school's operation, if the State Board determines that
                     doing so would be in the best interest of North Carolina students.for the
                     2023-2024 school year shall be the authorized student enrollment for that
                     participating school for the 2021-2022 school year plus enrollment growth of
                     up to twenty percent (20%) of that enrollment. For the remaining years of the
                     pilot, the participating schools may increase enrollment in accordance with
                     G.S. 115C-218.7(b).
              …
     "SECTION 8.35.(e) The State Board of Education shall provide State funding to a virtual
 charter school participating in the pilot program as provided in G.S. 115C-218.105(a) and
 G.S. 115C-218.105(b). The amount allocated pursuant to G.S. 115C-218.105(a)(1) shall not,
 however, include the allocation for low-wealth counties supplemental funding and the allocation
 for small county supplemental funding. Virtual charter schools participating in the pilot program
 shall also be subject to the requirements in G.S. 115C-218.105(c) through G.S. 115C-218.105(e).
 The amount of local funds provided to participating schools pursuant to G.S. 115C-218.105(c)
 shall be the lesser of seven hundred ninety dollars ($790.00) per pupil or the amount computed
 in accordance with G.S. 115C-218.105(c).
     …."
              SECTION 3.(b) A virtual charter school that participated in the pilot program
 authorized by Section 8.35 of S.L. 2014-100, as amended by Section 8.13 of S.L. 2016-94,
 Section 7.13 of S.L. 2018-5, Section 7.13 of S.L. 2022-74, and this section, shall be eligible to
 apply to the State Board of Education for a charter renewal as a remote charter academy as
 provided in Article 14A of Chapter 115C of the General Statutes.
              SECTION 3.(c) This section is effective when it becomes law and applies beginning
 with the 2023-2024 school year.
              SECTION 4. Except as otherwise provided, this act is effective when it becomes law
 and applies to applications for new charters and charter modifications beginning with the
 2023-2024 school year.
     Page 4                                                                          DRH30074-TC-22
Statutes affected: 
Edition 2: 115C-84.3
Edition 3: 115C-84.3, 115D-3