North Carolina § 115C-218 - 95. Causes for nonrenewal or termination; disputes.

§ 115C-218. 95. Causes for nonrenewal or termination; disputes.

The State Board of Education may terminate, not renew, or seek applicants to assume the charter through a competitive bid process established by the State Board upon any of the following grounds: Failure to meet the requirements for student performance contained in the charter; Failure to meet generally accepted standards of fiscal management; Violations of law; Material violation of any of the conditions, standards, or procedures set forth in the charter; Two-thirds of the faculty and instructional support personnel at the school request that the charter be terminated or not renewed; or Other good cause identified. Repealed by Session Laws 2016-79, s. 1.7(b), effective June 30, 2016, and applicable beginning with the 2016-2017 school year. If a charter school is continually low-performing, the State Board is authorized to terminate, not renew, or seek applicants to assume the charter through a competitive bid process established by the State Board. However, the State Board shall not terminate or not renew the charter of a continually low-performing charter school solely for its continually low-performing status if the charter school has met growth in each of the immediately preceding three school years or if the charter school has implemented a strategic improvement plan approved by the State Board and is making measurable progress toward student performance goals. The State Board shall develop rules on the assumption of a charter by a new entity that includes all aspects of the operations of the charter school, including the status of the employees. Public assets shall transfer to the new entity and shall not revert to the local school administrative unit in which the charter school is located pursuant to G.S. 115C-218.100(b). The State Board of Education shall develop and implement a process to address contractual and other grievances between a charter school and the local board of education during the time of its charter. The State Board and the charter school are encouraged to make a good-faith attempt to resolve the differences that may arise between them. They may agree to jointly select a mediator. The mediator shall act as a neutral facilitator of disclosures of factual information, statements of positions and contentions, and efforts to negotiate an agreement settling the differences. The mediator shall, at the request of either the State Board or a charter school, commence a mediation immediately or within a reasonable period of time. The mediation shall be held in accordance with rules and standards of conduct adopted under Chapter 7A of the General Statutes governing mediated settlement conferences but modified as appropriate and suitable to the resolution of the particular issues in disagreement. Notwithstanding Article 33C of Chapter 143 of the General Statutes, the mediation proceedings shall be conducted in private. Evidence of statements made and conduct occurring in a mediation are not subject to discovery and are inadmissible in any court action. However, no evidence otherwise discoverable is inadmissible merely because it is presented or discussed in a mediation. The mediator shall not be compelled to testify or produce evidence concerning statements made and conduct occurring in a mediation in any civil proceeding for any purpose, except disciplinary hearings before the State Bar or any agency established to enforce standards of conduct for mediators. The mediator may determine that an impasse exists and discontinue the mediation at any time. The mediator shall not make any recommendations or public statement of findings or conclusions. The State Board and the charter school shall share equally the mediator's compensation and expenses. The mediator's compensation shall be determined according to rules adopted under Chapter 7A of the General Statutes. History (1995 (Reg. Sess., 1996), c. 731, s. 2; 1997-430, s. 6; 2011-164, s. 5; 2013-355, s. 1(g); 2014-100, s. 8.34(c); 2014-101, s. 7; 2016-79, s. 1.7(b).) Editor's Note. - This section is former G.S. 115C-238.29G. It has been renumbered as this section at the direction of the Revisor of Statutes, pursuant to Session Laws 2014-101, s. 7. Session Laws 2013-355, s. 8, provides in part: "Nothing in this act shall be construed to affect pending litigation." Session Laws 2014-100, s. 8.34(d), made the amendment to subdivision (a1)(2) by Session Laws 2014-100, s. 8.34(c), applicable to charter schools that submit applications for an initial charter or the renewal of a charter to the State Board of Education on or after August 7, 2014. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2014-101, s. 6, provides: "Upon recommendations by the Office of Charter Schools and the Charter Schools Advisory Board and pursuant to G.S. 115C-239.29G(a1)(2) [G.S. 115C-218.95(b)(2)], the State Board of Education shall adopt a process and rules for the competitive bid process for the assumption of a charter school that has inadequate performance and could have its charter terminated or not renewed by the State Board of Education. At a minimum, the State Board shall require interested entities to meet the following criteria: "(1) Have operated another charter school in the State for three years. "(2) Can provide three years of financially sound audits for the charter school they are currently operating in the State. "(3) Have student academic outcomes that are comparable to the academic outcomes of students in the local school administrative unit in which the currently operating charter school is located. "The State Board of Education shall adopt rules and procedures required by this section by January 15, 2015, and report to the Joint Legislative Education Oversight Committee by February 1, 2015." Session Laws 2014-101, s. 8, provides, in part: "Except as otherwise provided, this act is effective when it becomes law [August 6, 2014] and applies beginning with the 2014-2015 school year." Session Laws 2016-79, s. 1.7(d) provides: "A charter school identified as inadequate that developed and is following a strategic plan required by G.S. 115C-218.95(b)(1) , as repealed by this section, shall not be required to continue the strategic plan during the 2016-2017 school year and thereafter if that charter school has not been identified as low-performing under G.S. 115C-218.94 ." Session Laws 2016-79, s. 4, made the amendments to this section by Session Laws 2016-79, s. 1.7(b), applicable beginning with the 2016-2017 school year. Effect of Amendments. - Session Laws 2013-355, s. 1(g), effective July 25, 2013, rewrote the introductory language of subsection (a), which formerly read "The State Board of Education, or a chartering entity subject to the approval of the State Board of Education, may terminate or not renew a charter upon any of the following grounds"; rewrote subdivision (a1)(2), which formerly read "If a charter school is inadequate and has had a charter for more than five years, the State Board is authorized to terminate or not renew the charter"; and deleted "its chartering entity or" preceding "the local board" in subsection (b). Session Laws 2014-100, s. 8.34(c), effective July 1, 2014, substituted "G.S. 115C- 238.29L(b)" (now "G.S. 115C-218.100(b)") for "G.S. 115C-238.29F(i)" at the end of subdivision (a1)(2) of former G.S. 115C-238.29G (now subdivision (b)(2) of this section). See Editor's note for applicability. Session Laws 2016-79, s. 1.7(b), effective June 30, 2016, deleted subsection (b), pertaining to the adoption of criteria for adequate performance; and added subsection (b1). See editor's note for applicability.