RALEIGH - Facing flak from parents who want more charter schools and public school supporters who hate the idea, a blue-ribbon commission is borrowing a page from the playbook that agents and general managers use to skirt the salary limits in professional sports.

At issue is a statewide cap that restricts the number of publicly funded charter schools to 100. Rather than raise the cap and risk the ire of legislators and public school supporters, the Blue Ribbon Commission on Charter Schools proposed loopholes that could add more charter schools to the state without actually raising the limit.

How would the loopholes work? Under the commission's recommendation, up to six schools a year could apply for charter status, a measure that creates the appearance of breaking the cap. But the commission is also recommending that existing charter schools that achieve high academic performance not be counted against the statewide cap. Also, new charter schools in counties that didn't previously have one would also be exempted.

The recommendation means the state could see more than 100 charter schools or less depending upon the number of schools that are deemed exempt.

"This is a compromise, and it opens up room for more charter schools," said Raleigh Charter High School principal Tom Humble, who served on the commission.

The commission stopped short of removing the cap, as some members felt the legislators would reject such a recommendation.

But others argued that the commission shouldn't worry about potential political fallout. They said it was the their duty to make a strong recommendation and forward it to the state Board of Education.

"We shouldn't try to second-guess what they're thinking," said Bob Luddy, a critic of public schools and founder of the popular Franklin Academy charter school in Wake Forest. "I was in favor of a much bolder move."

Increasing the number of charter schools has been a scalding issue between parents who want alternatives to traditional public schools and some education groups that have lobbied the General Assembly to hold fast on the cap. Earlier this year, bills aimed at eliminating the charter school cap stalled in the face of opposition.

Started 10 years ago in North Carolina, charter schools receive public funding but aren't bound by rules that apply at traditional public schools. They are independent schools typically run by private boards and administrators and have freedom to implement their own curriculum guidelines.

Sheri Strickland, vice president of the N.C. Association of Educators, said the group has not been in favor of lifting the charter school cap because the schools have not lived up to their initial promise. Strickland said when they were created 10 years ago, they were supposed to be innovative and serve as a model for traditional public schools.

"In many cases, that hasn't been the case," she said.

For other groups that have supported lifting the cap, Wednesday's recommendation was seen as a small victory.

"This is a positive recommendation," said Terry Stoops, an education policy analyst at the John Locke Foundation. "It's a recommendation that will address there is a demand for charter schools."

Wake County has 13 charter schools, the most of any county in the state. In total, there are 26 charter schools in the Triangle, with more than 6,500 students.

"This will open up the application pool," said Jack Moyer, director of the Office of Charter Schools with the Department of Public Instruction.

The commission's recommendation still needs approval from the state Board of Education and the legislature.

The commission has been meeting since June to study the status of charter schools and determine where charter schools can improve academically. The commission is also looking at procedures for renewing and closing charter schools.

The commission didn't finish all of its business on other charter school issues Wednesday. Discussions will continue in December.