N.C. Gen. Stat. § 115C-218.5 : ELEMENTARY AND SECONDARY EDUCATION — EDUCATION PROGRAM — CHARTER SCHOOLS —218.5 - Final approval of applications for charter schools

(a) The State Board may grant final approval of an application if it finds the following:

(1) The application meets the requirements set out in this Article and such other requirements as may be adopted by the State Board of Education.

(2) The applicant has the ability to operate the school and would be likely to operate the school in an educationally and economically sound manner.

(3) Granting the application would achieve one or more of the purposes set out in G.S. 115C-218.

In reviewing applications for the establishment of charter schools within a local school administrative unit, the State Board is encouraged to give preference to applications that demonstrate the capability to provide comprehensive learning experiences to students identified by the applicants as at risk of academic failure.

(b) The State Board shall make final decisions on the approval or denial of applications by August 15 of a calendar year on all applications it receives prior to a date established by the Office of Charter Schools for receipt of applications in that application cycle. The State Board may make the final decision for approval contingent upon the successful completion of a planning period prior to enrollment of students.

(c) The State Board of Education may authorize a school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates the authority is necessary for it to raise working capital. The State Board shall not allocate any funds to the school until the school has obtained space.

(d) The State Board of Education may grant the initial charter for a period not to exceed 10 years.

(e), (f) Repealed by Session Laws 2016-79, s. 1.1, effective June 30, 2016, and applicable beginning with the 2016-2017 school year.

(g) A charter school shall be entitled to automatically extend any deadline to begin operations or commence the term of its charter until the next school year if it notifies the State Board by June 30 that it is seeking land use or development approvals for its selected site or facilities or if it is challenging the denial of any requested land use or development approvals. The term of the charter issued by the State Board shall be tolled during the period of any extension or extensions issued under this section.

N.C. Gen. Stat. § 115C-218.5

Amended by 2022 N.C. Sess. Laws 75,s. 2, eff. 7/1/2022.

Amended by 2016 N.C. Sess. Laws 79,s. 1.1, eff. 6/30/2016.

Amended by 2015 N.C. Sess. Laws 248,s. 5, eff. 9/23/2015 and applicable beginning with the 2015-2016 school year.

Amended by 2014 N.C. Sess. Laws 101,s. 1.5,s. 2,s. 2.5-a, s. 7, eff. 8/6/2014.

Amended by 2013 N.C. Sess. Laws 359,s. 2, eff. 7/26/2013.

Amended by 2013 N.C. Sess. Laws 355,s. 1-d, eff. 7/25/2013.

Amended by 2011 N.C. Sess. Laws 164,ss. 1,2.(a),3, eff. 7/1/2011.

Amended by 2004 N.C. Sess. Laws 0203, s. 45.(a), eff. 8/17/2004.

Amended by 2003 N.C. Sess. Laws 0354, s. 2, eff. 8/1/2003.

Amended by 2001-424, s. 28.26, eff. 7/1/2001.

1995 (Reg. Sess., 1996), c. 731, s. 2; 1997-430, s. 3; 2000-67, s. 8.23.

See 2014 N.C. Sess. Laws 101, s. 2.5-b.