16 ncac 06g .0513         Fast Track Replication of High Quality Charter Schools – Eligibility

(a)  A non-profit corporation board that operates a charter school in North Carolina is eligible to apply to fast-track replicate its existing model only if the non-profit corporation board's current school or schools demonstrate a consistent track record of academic, financial, and operational success. If the board operates more than one school, each school shall meet this standard. To meet this standard, the non-profit corporation board shall meet each of the following conditions at all times while its application is pending:

(1)           Each school operated by the non-profit corporation shall:

(A)          have academic outcomes comparable to or better than those of the students enrolled in the LEAs in which the charter schools are located; or

(B)          meet or exceed growth for the three years preceding the application at issue, by measures contemplated by G.S. 115C-83.15;

(2)           Each school operated by the non-profit corporation shall have unqualified audits for the three years preceding the application.

(3)           Each school operated by the non-profit corporation shall have resolved any failures to comply with obligations in statute, rules, or the charter agreement cited by the Department of Public Instruction during the three years preceding the application.

(4)           A majority of the non-profit corporation board members and a majority of the board officers shall be North Carolina residents.

(b)  A non-profit corporation board that does not operate a charter school in North Carolina is eligible to apply to replicate through fast-track replication an existing model operated by an EMO or CMO. The non-profit corporation board is eligible to apply only if the schools operated by the EMO or CMO have a consistent track record of academic, financial, and operational success. The non-profit corporation board is eligible to replicate an existing model operated by the EMO or CMO only if the non-profit corporation board shows that each of the following conditions at all times while its application is pending:

(1)           The non-profit corporation board shall demonstrate that each school managed by the EMO or CMO:

(A)          have academic outcomes at least comparable to or better than those of the students enrolled in the LEAs in which the charter schools are located; or

(B)          meets or exceeds growth for the three years preceding the application at issue based on the growth scores calculated using NC Accountability data.

(2)           The non-profit corporation board shall demonstrate that the schools operated in other states by the EMO or CMO meet similarly rigorous standards for academic performance through the presentation of academic performance data from the respective state board of education.

(3)           The non-profit corporation board shall demonstrate that each school managed by the EMO or CMO have unqualified audits for three years immediately preceding the application.

(4)           The non-profit corporation board shall demonstrate that the schools operated in other states by the EMO or CMO meet similarly rigorous standards for financial performance through the presentation of annual audit data.

(5)           A majority of the non-profit corporation board members and at least 50 percent of the board officers shall be North Carolina residents.

(c)  "Comparable" means a proficiency score that is no more than five points below the LEA's Grade-Level Proficiency (GLP) score based on NC Accountability data as described in G.S. 115C-83.15, 83.16 and 83.17.

History Note:        Authority G.S. 115C-218.3;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.