State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-238_29E

§ 115C‑238.29E.  Charter school operation.

(a)        A charter school that is approved by the State shall be apublic school within the local school administrative unit in which it islocated. It shall be accountable to the local board of education if it appliedfor and received preliminary approval from that local board for purposes ofensuring compliance with applicable laws and the provisions of its charter. Allother charter schools shall be accountable to the State Board for ensuringcompliance with applicable laws and the provisions of their charters, exceptthat any of these charter schools may agree to be accountable to the localboard of the school administrative unit in which the charter school is locatedrather than to the State Board.

(b)        A charter school shall be operated by a private nonprofitcorporation that shall have received federal tax‑exempt status no laterthan 24 months following final approval of the application.

(c)        A charter school shall operate under the written chartersigned by the entity to which it is accountable under subsection (a) of thissection and the applicant. A charter school is not required to enter into anyother contract. The charter shall incorporate the information provided in theapplication, as modified during the charter approval process, and any terms andconditions imposed on the charter school by the State Board of Education. Noother terms may be imposed on the charter school as a condition for receipt oflocal funds.

(d)        The board of directors of the charter school shall decidematters related to the operation of the school, including budgeting,curriculum, and operating procedures.

(e)        A charter school's specific location shall not be prescribedor limited by a local board or other authority except a zoning authority. Theschool may lease space from a local board of education or as is otherwiselawful in the local school administrative unit in which the charter school islocated. If a charter school leases space from a sectarian organization, thecharter school classes and students shall be physically separated from anyparochial students, and there shall be no religious artifacts, symbols,iconography, or materials on display in the charter school's entrance,classrooms, or hallways. Furthermore, if a charter school leases space from asectarian organization, the charter school shall not use the name of thatorganization in the name of the charter school.

At the request of the charter school, the local board of education ofthe local school administrative unit in which the charter school will belocated shall lease any available building or land to the charter school unlessthe board demonstrates that the lease is not economically or practicallyfeasible or that the local board does not have adequate classroom space to meetits enrollment needs. Notwithstanding any other law, a local board of educationmay provide a school facility to a charter school free of charge; however, thecharter school is responsible for the maintenance of and insurance for theschool facility.

(f)         Except as provided in this Part and pursuant to theprovisions of its charter, a charter school is exempt from statutes and rulesapplicable to a local board of education or local school administrative unit. (1995 (Reg. Sess., 1996), c. 731, s. 2; 1997‑430,s. 4.)