State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-238_29g

§ 115C‑238.29G. Causes for nonrenewal or termination; disputes.

(a)        The State Board of Education, or a chartering entity subjectto the approval of the State Board of Education, may terminate or not renew acharter upon any of the following grounds:

(1)        Failure to meet the requirements for student performancecontained in the charter;

(2)        Failure to meet generally accepted standards of fiscalmanagement;

(3)        Violations of law;

(4)        Material violation of any of the conditions, standards, orprocedures set forth in the charter;

(5)        Two‑thirds of the faculty and instructional supportpersonnel at the school request that the charter be terminated or not renewed;or

(6)        Other good cause identified.

(b)        The State Board of Education shall develop and implement aprocess to address contractual and other grievances between a charter schooland its chartering entity or the local board of education during the time ofits charter.

(c)        The State Board and the charter school are encouraged tomake a good‑faith attempt to resolve the differences that may arisebetween them. They may agree to jointly select a mediator. The mediator shallact as a neutral facilitator of disclosures of factual information, statementsof positions and contentions, and efforts to negotiate an agreement settlingthe differences. The mediator shall, at the request of either the State Boardor a charter school, commence a mediation immediately or within a reasonableperiod of time. The mediation shall be held in accordance with rules andstandards of conduct adopted under Chapter 7A of the General Statutes governingmediated settlement conferences but modified as appropriate and suitable to theresolution of the particular issues in disagreement.

Notwithstanding Article 33C of Chapter 143 of the General Statutes, themediation proceedings shall be conducted in private. Evidence of statementsmade and conduct occurring in a mediation are not subject to discovery and areinadmissible in any court action. However, no evidence otherwise discoverableis inadmissible merely because it is presented or discussed in a mediation. Themediator shall not be compelled to testify or produce evidence concerningstatements made and conduct occurring in a mediation in any civil proceedingfor any purpose, except disciplinary hearings before the State Bar or anyagency established to enforce standards of conduct for mediators. The mediatormay determine that an impasse exists and discontinue the mediation at any time.The mediator shall not make any recommendations or public statement of findingsor conclusions. The State Board and the charter school shall share equally themediator's compensation and expenses. The mediator's compensation shall bedetermined according to rules adopted under Chapter 7A of the General Statutes.(1995 (Reg. Sess., 1996),c. 731, s. 2; 1997‑430, s. 6.)