A BILL TO BE ENTITLED
AN ACT to require notice to parents prior to closing a charter school or materially revising its charter.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 14A of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C‑218.9.  Notice requirements prior to the material revision of a charter.
(a)	Charter School Mandatory Notice. – At least seven days prior to meeting to consider requesting a material revision to its charter pursuant to G.S. 115C‑218.7, a charter school board of directors shall notify the parents of students enrolled in the charter school by electronic mail or the parents' preferred method of written communication, including (i) details of the date, time, and location of the board of directors' meeting and (ii) a description of the material revision being considered.
(b)	Charter School Discretionary Notice. – A charter school shall be encouraged, but not required, to notify parents of students enrolled in the charter school by electronic mail or the parents' preferred method of written communication of the final action by the State Board regarding a request for material revision of the school's charter."
SECTION 2.  Article 14A of Chapter 115C of the General Statutes is amended by adding new sections to read:
"§ 115C‑218.97.  Notice and hearing requirements prior to nonrenewal of the charter of a continually low‑performing charter school.
(a)	Public Hearing. – As part of the review of the operations of a charter school required by G.S. 115C‑218.6(a), for continually low‑performing charter schools, the Office of Charter Schools shall provide for a public hearing at a location in the local school administrative unit in which the charter school is located. At the hearing, (i) information on at least the academic performance of the charter school shall be presented and (ii) the public, including parents, teachers, and community members, shall be afforded an opportunity to express their views. At least one member of the State Board and the Advisory Board shall attend the hearing.
(b)	Notice of Public Hearing. – At least 20 days prior to a public hearing pursuant to subsection (a) of this section, the Office of Charter Schools shall notify the continually low‑performing charter school of the date, time, location, and methods for parents, teachers, and community members to submit comments.
(c)	Record of Public Hearing. – Prior to taking final action to not renew the charter of a continually low‑performing charter school under G.S. 115C‑218.95, the State Board shall review and consider a record of the public hearing held pursuant to subsection (a) of this section, in addition to any supporting documentation related to the hearing.
(d)	Charter School Requirements. – A continually low‑performing charter school shall notify the parents of students enrolled in the charter school by electronic mail or the parents' preferred method of written communication within five days of receiving notice of any of the following:
(1)	The Office of Charter Schools has scheduled a public hearing pursuant to subsection (a) of this section. The notice to parents shall include details regarding the date, time, location, and how comments may be submitted.
(2)	The State Board's final action on a recommendation to not renew the charter.
"§ 115C‑218.98.  Notice and hearing requirements prior to termination of a charter.
(a)	Advisory Board Requirements. – Prior to a final recommendation by the Advisory Board to terminate a charter under G.S. 115C‑218.95, the Advisory Board shall do the following:
(1)	Notify the charter school that a public hearing will be conducted on the proposed recommendation by the Advisory Board at least 20 days in advance of the hearing, including the date, time, location, and methods for parents, teachers, and community members to submit comments.
(2)	Provide for a public hearing regarding the proposed recommendation at a location in the local school administrative unit in which the charter school is located. At the hearing, (i) information on at least the academic performance of the charter school shall be presented and (ii) the public, including parents, teachers, and community members, shall be afforded an opportunity to express their views. The Advisory Board may direct the Office of Charter Schools to conduct the public hearing, but at least one member of the State Board and the Advisory Board shall attend the hearing.
(3)	Review and consider at least the following information prior to making its final recommendation:
a.	A record of the public hearing conducted pursuant to subdivision (2) of this subsection, in addition to any supporting documentation related to the hearing.
b.	A comparison of the charter school's student academic outcomes for the immediately preceding three years to the academic outcomes of students in the local school administrative unit in which the charter school is located.
c.	An analysis of whether the charter school has met growth or has made measurable progress toward student performance goals under a strategic improvement plan.
d.	Considerations related to transitioning students with disabilities enrolled in the charter school to a new school, should the charter school be closed.
e.	The impact on the capital needs of the public school or schools where students will be assigned if the charter school ceases to operate.
(b)	State Board Requirements. – At least 20 days prior to meeting to take final action on a recommendation of the Advisory Board to terminate a charter, the State Board of Education shall notify the charter school of the date, time, and location of the meeting. In making its final determination, the State Board shall review and consider at least the following:
(1)	Evidence from the meeting at which the Advisory Board made its recommendation.
(2)	Information identified in subdivision (a)(3) of this section.
(c)	Charter School Requirements. – A charter school shall notify the parents of students enrolled in the charter school by electronic mail or the parents' preferred method of written communication within five days of receiving notice of any of the following:
(1)	The Advisory Board has scheduled a public hearing on a proposed recommendation to terminate the charter, including details of the date, time, location, and how comments may be submitted.
(2)	The State Board has scheduled a meeting to take final action on a recommendation to terminate the charter, including the date, time, and location of the meeting.
(3)	The State Board's final action on a recommendation to terminate the charter.
(d)	Exceptions. – The requirements of subsections (a) through (c) of this section shall not apply to an Advisory Board proposed or final recommendation or State Board final action to terminate the charter of a charter school based, in whole or in part, upon the grounds identified in G.S. 115C‑218.95(a)(2) or (3). For actions on those grounds, the following shall be required:
(1)	At least 20 days prior to scheduling a meeting to take final action on a recommendation to terminate the charter, the State Board shall notify the charter school of the date, time, and location of the meeting.
(2)	A charter school shall notify the parents of students enrolled in the charter school by electronic mail or the parents' preferred method of written communication within five days of receiving notice required in subdivision (1) of this subsection, including details of the date, time, and location of the meeting.
(3)	A charter school shall notify parents of students enrolled in the charter school by electronic mail or the parents' preferred method of written communication of the final action by the State Board at the scheduled meeting."
SECTION 3.  G.S. 115C‑218.100 is amended by adding a new subsection to read:
"(c)	Within five days of passing a resolution to voluntarily dissolve, a charter school board of directors shall notify the parents of students enrolled in the charter school by electronic mail or the parents' preferred method of written communication of the decision and the time line for dissolution of the school."
SECTION 4.  G.S. 115C‑47 is amended by adding a new subdivision to read:
"(64)	To Provide a Charter School Closure Impact Statement. – Within 30 days of a request by the State Board of Education pursuant to G.S. 115C‑218.98(a)(3)e., a local board of education shall submit a statement on the capital impact a charter school closure would have on schools within the local school administrative unit."
SECTION 5.  G.S. 150B‑1(e) is amended by adding a new subdivision to read:
"(25)	The State Board of Education with respect to the disapproval, termination, or nonrenewal of charters under Article 14A of Chapter 115C of the General Statutes."
SECTION 6.  Notwithstanding any other provision of law, this act shall apply to virtual charter schools authorized pursuant to Sec. 8.35 of S.L. 2014‑100, as amended by Sec. 8.13 of S.L. 2016‑94 and Sec. 7.13 of S.L. 2018‑5. The charter of a pilot virtual charter school shall not be terminated prior to the end of the pilot unless the requirements of G.S. 115C‑218.98, as enacted by this act, are fulfilled.
SECTION 7.  This act is effective when it becomes law and applies to actions commenced to voluntarily dissolve, terminate, not renew, or materially revise a charter on or after July 1, 2019.