NC GOP lawmakers pass bill that could lead to more charter schools being approved

North Carolina Republican lawmakers have passed legislation that’s expected to increase the number of charter schools by putting more authority in the hands of a charter-friendly board.

The state House voted 77-42 on Tuesday to approve a bill transferring the State Board of Education’s power over charter school approvals and renewals to the Charter Schools Advisory Board.

The advisory board, which would be renamed the Charter Schools Review Board, is made up of charter school advocates. Eight of its 11 voting members are chosen by the GOP-led General Assembly.

“This is good legislation to help our charter schools expand, but to make sure that our charter schools are effective, efficient, have financial sound backing and most importantly are ready to educate all of our children,” Rep. Tricia Cotham, a Mecklenburg County Republican and one of the legislation’s primary sponsors, said when the bill was initially approved in May.

The legislation was approved Tuesday mostly along party lines. All Republicans and five Democrats voted for the bill. Most Democrats were opposed. It was approved last week by the Senate along party lines.

“This bill is a violation of our state Constitution,” said Rep. Julie von Haefen, a Wake County Democrat..

House Bill 618 could be vetoed by Democratic Gov. Roy Cooper. But Republicans have enough votes to override Cooper and pass the bill into law.

State board rejects some charter schools

Charter schools are public schools. But they’re exempt from some of the rules that traditional public schools must follow, such as on teacher licensing, budgeting and the school calendar law.

There are more than 200 charter schools open statewide. Enrollment has soared in charter schools at a time when it’s been dropping in traditional public schools.

Currently, the advisory board makes recommendations on charter school applications, renewals and closures. The final decision, though, has rested with the State Board of Education, which now has a majority made up of appointees of Gov. Cooper.

In a letter sent to lawmakers, state board chair Eric Davis said they’ve approved more than 90% of the over 140 applications recommended by the advisory board since 2013.

But earlier this year, the state board rejected a new charter school in Wake County and another in Union County that had been supported by the advisory board,

In the case of the Union County charter, state board members had raised concerns about giving funding to for-profit charter school operators. In contrast, advisory board members say for-profit operators can provide the new schools the start-up money and expertise they need.

Transfer of charter school power

Instead of making recommendations, the renamed review board would make the decisions on charter schools. The state board would be relegated to hearing appeals of decisions made by the review board.

Cotham has said the change would streamline the application process at a time when some charter schools have long waiting lists.

Cheryl Turner, the outgoing chair of the advisory board, recognized the significance of the legislation’s impact at a meeting earlier this month.

“You’re going to have way more power, which means you have more responsibility because schools that are open or renewed are going to be based on what happens here,” Turner told the other board members in a goodbye speech.

State board questions change

In his letter to legislators, Davis said it’s not clear to him why the change is proposed. He said that charter schools are receiving a fair review.

“Moreover, as the only education body with the Constitutional responsibility for all public schools, charter and traditional, the SBE is uniquely positioned to weigh the issues for all NC students within charter requests,” Davis added.

Davis’ argument was echoed Tuesday by von Haefen, the lawmaker.

“If the (state) board no longer has authority to approve or renew or revoke charters for charter schools — which are public schools — then it no longer has the supervisory and administrative authority over the free public school system or the state funds that are provided to charter schools for the education of our public school students,” von Haefen said..