(The Center Square) – The state Board of Education is expected to vote on a policy Thursday that critics are concerned will circumvent the intent of recently passed legislation regarding North Carolina’s charter schools.
Strong opposition to a lack of consideration in timing was voiced by the state’s education superintendent and the lieutenant governor.
Allison Schafer, general counsel to the board, outlined a proposed policy at its meeting on Wednesday that would require a newly formed Charter School Review Board to present all approved charter school applications to the state board “for allocation of funding before state or federal funds are disbursed.”
The policy would further require the same for charter school renewals and “all material changes being considered by the Review Board.” It would empower the state board to request reports on charter school finance, legal compliance, and student performance from the review board and other divisions of the Department of Public Instruction.
Lawmakers approved House Bill 618, overriding a veto from Gov. Roy Cooper, on Aug. 16 to convert an existing Charter School Advisory Board into the Charter School Review Board. The legislation tasked the new board with taking over responsibility from the state board for approving, amending, renewing and terminating charter schools, with the goal of streamlining the process.
HB618 also permitted the review board to examine cases of recommended approvals from the advisory board that were later denied by the state board, dating back to July 2022. The review board is expected to exercise that authority next week to review two charter schools that received unfavorable rulings from the state board.
The state board is comprised of Republican Lt. Gov. Mark Robinson, Republican Treasurer Dale Folwell, and 11 members appointed by the Democratic governor who are confirmed by the General Assembly.
Folwell attempted to remove the proposed charter school policy from the agenda, but his motion failed with a vote of 5-2.
State board member John Blackburn csaid “the proposed policy seeks to balance state board’s constitutional statutory duties to supervise and administer charter schools, which are part of the public school system, and to administer or allocate the funds provided to those schools with the new duties legislatively provided to the new review board.”
Board member Olivia Holmes Oxendine, state Superintendent Catherine Truitt, and Robinson all objected to implementing the policy for various reasons.
“My concern with this policy is it seems premature,” said Oxendine, who suggested postponing the adoption to collaborate with the review board.
Oxendine said HB618 rendered the state board an appellate board for charter school decisions, and the two boards need to better flesh out the processes for charter school actions before adopting policies.
“Does that mean we could withhold funding of charters that have been approved by this review board?” she asked. “Our role is huge, and the revision to our role is huge. I just think of all items that have come before this board since … 2013, this one really deserves a discussion not an action on first reading.”
Truitt echoed concerns about rushing the policy, which she said was presented to her office on Thursday with little time for the department’s chief financial officer or Office of Charter Schools to review.
Truitt said the bill passed on June 28, and the board could have foreseen Cooper’s veto and the override.
“The Department of Public Education staff,” she said, “did not see this policy until Thursday, late afternoon.”
Robinson, who is running to replace Cooper, said the policy didn’t get to his office until a few days later.
The timing is “inexcusable and it smacks of political maneuvering,” he said. “It’s ridiculous. This is a serious policy change.”
“We have not had the time to discuss it,” Robinson said. “One day of discussion for a policy change? … When else has that been done on something this serious? It’s not professional. It’s not courteous, and quite frankly is smacks of almost dishonesty.”
