NORTH CAROLINA – NEW CHARTER SCHOOL LEGISLATION
Senate Bill 8 – Charter Schools
On Monday evening, Senate Bill 8, “An Act to Remove the Cap on the Number of Charter Schools,” passed the House by a vote of 68 – 51. Despite its unanimous support from Republicans and one courageous Democrat, changes to the charter school legislation have raised questions by some as it now heads to conference. Let’s clarify some of the concerns surrounding Senate Bill 8:
The Cap
For 15 years the number of charter schools has been capped at 100. That cap will be removed.
Both House and Senate versions of the SB 8 remove the cap on charter schools, but the House version places a per year limit on charter creation at 50. While the original Senate version was unlimited, it was vigorously objected too. So the House and Senate bill sponsors, in consultation with charter advocates, suggested a limit of 50 charters per year, not including renewals.
Will the 50 per year limit take away the educational opportunity of students? And will “restart charters” or “charter lite” schools count against the per year limit?
We believe that 50 charters are more than would ever be approved in a year due to the application process. And “restart charters” or “charter lite” schools do not count against the yearly limit. They are not charter schools anyway.
Governance
Does SB 8 weaken charter school autonomy?
The Public Charter School’s Commission, eight of whose thirteen members will be appointed by Speaker Tillis and President Pro Tem Berger, make recommendations that must be considered by the State Board of Education. The consent of the State Board must not be unreasonably withheld. And if the State Board ultimately rejects a recommendation of the Commission; it must not do so in an arbitrary or capricious manner. That is legalese for the applicant can go straight to court if the State Board tries to play games. If the State Board of Education does not act on a commission recommendation within three months, then it is deemed approved.
If the bill only raised the cap on charter schools it would do nothing to improve the governance of charter schools.
Those who favor less interference with charters by the State Board of Education should welcome this new proposal.
Accountability
Will SB 8 unfairly raise the bar for termination and renewal of charters for non-performance?
No. The standards set forth in the current version of the bill are more lenient and practical than current State Board of Education policy which mandates the closing of a school if the charter school, for two or three consecutive school years, does not meet or exceed expected growth and has a Performance Composite below 60%.
Under SB 8, if a charter school is not meeting or exceeding expected growth, then a school improvement plan must be put into place rather than immediate termination. This is important because many charters specifically target “at-risk” students.
Funding
Do charter schools divert resources from traditional public schools?
Let me illustrate mathematically why this is not true. The exact figures may be uncertain but the point is the same regardless.
When a child leaves a traditional public school for a public charter school, approximately 70% – 80% of the funding that child receives goes with him to the charter school he attends. That means 20% – 30% of the money it costs to educate that child stays with the school that he left – in this case a traditional public school. So, the traditional public school no longer has to pay the cost of educating him and still gets to keep 20% – 30% of his allotted funding.
This is why having more public charter schools actually saves traditional public schools money.
However, some say “yes” but the total amount is still less. Not really. Because the growth in enrollment in charter schools is less than the total growth in enrollment of the entire traditional public school system, total resources (as well as per capita resources) have actually grown as well.
Long story short: charters do not divert resources from the public schools despite slogans to the contrary because (1) by law charter schools are public schools and (2) the funding mechanism established for them ensures that traditional public schools get more resources per student as and when more charters are established.
Other Advantages to SB 8 on Funds
Those who oppose the House version of Senate Bill 8 fail to consider the advantages of the current bill that go beyond lifting the cap. The advantages are numerous but chief among them is that for the first time counties would be allowed, at their option, to provide capital money for charters. Failure to include capital funding is what has put charters at a disadvantage financially.
This bill makes it possible for charters to equalize funding.
Today, there is a cap on charter schools in North Carolina. Senate Bill 8 will remove it. Today, only 46 counties have charter schools. Senate Bill 8 will change that. This year thousands of North Carolina parents have no options in educating their children. Senate Bill 8 will give parents a choice.
Sincerely,
Rep. Paul “Skip” Stam
North Carolina House Republican Leader
