State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-238_29C

§ 115C‑238.29C. Preliminary approval of applications for charter schools.

(a)        The chartering entity that receives a request forpreliminary approval of a charter school shall act on each request receivedprior to November 1 of a calendar year by February 1 of the next calendar year.

(b)        The chartering entity shall give preliminary approval to theapplication if the chartering entity determines that (i) information containedin the application meets the requirements set out in this Part or adopted bythe State Board of Education, (ii) the applicant has the ability to operate theschool and would be likely to operate the school in an educationally andeconomically sound manner, and (iii) granting the application would improvestudent learning and would achieve one of the other purposes set out in G.S.115C‑238.29A. In reviewing applications for the establishment of charterschools within a local school administrative unit, the chartering entity isencouraged to give preference to applications that demonstrate the capabilityto provide comprehensive learning experiences to students identified by theapplicants as at risk of academic failure. If the chartering entity approvesmore than one application for charter schools located in a local schooladministrative unit, the chartering entity may state its order of preferenceamong the applications that it approves.

(c)        If a chartering entity other than the State Boarddisapproves an application, the applicant may appeal to the State Board ofEducation prior to February 15. The State Board shall consider the appeal atthe same time it is considering final approval in accordance with G.S. 115C‑238.29D.The State Board shall give preliminary approval of the application if it findsthat the chartering entity acted in an arbitrary or capricious manner indisapproving the application, failed to consider appropriately the application,or failed to act within the time set out in G.S. 115C‑238.29C.

If the chartering entity, the State Board of Education, or both,disapprove an application, the applicant may modify the application and reapplysubject to the application deadline contained in subsection (a) of thissection. (1995 (Reg. Sess.,1996), c. 731, s. 2.)