Education

Cooper vetoes NC bill that would allow more students at charter schools

Gov. Roy Cooper speaks at Washington Magnet Elementary School in Raleigh on May 23, 2023.
Gov. Roy Cooper speaks at Washington Magnet Elementary School in Raleigh on May 23, 2023. tlong@newsobserver.com

A bill that would make a host of changes to charter school laws, including allowing the admission of out-of-state and foreign exchange students, has been vetoed by Gov. Roy Cooper.

House Bill 219, if it becomes law, would make it easier for charter schools to grow.

Republicans united to back the measure, joined by state Sen. Mike Woodard, a Democrat and candidate in the Durham mayoral race, and Democratic state Reps. Cecil Brockman, Garland Pierce, Shelly Willingham and Michael Wray.

“This bill allowing more students to attend failing charter schools risks their education and their future,” Cooper wrote in his veto message.

Specifically, HB 219 would expand charter schools by:

  • Allowing counties to use property taxes to fund charter schools.
  • Preventing the impacts potential charter schools may have on local education agencies from being considered in charter approvals and renewals.
  • Removing restrictions on the growth of charter schools that are not low-performing.
  • Allowing the State Board of Education to consider growth “greater than 20%” for charter schools that are low-performing.
  • Prohibiting local boards of education from discriminating against charter school students.
  • Allowing admission of out-of-state and foreign exchange students to charter schools.
  • Allowing the “pre-lottery” admission of students to charter schools if they come from certain preschools that have agreements with the charter or are children of active duty military.

In his veto message, Cooper addressed some of the bill’s specifics, writing that “the State Board of Education should continue to oversee the enrollment growth of charter schools to assure success.”

“North Carolina should continue to cap the enrollment growth of low-performing charter schools until they can show that they improve student achievement,” he wrote. “Finally, diverting local resources to build charter schools without clear authority on who owns them risks financial loss to county taxpayers who have no recourse.”

HB 219 would complement another charter school related bill, House Bill 618, which was also vetoed by Cooper earlier this month. That bill, which had support from a few Democrats in the House, would transfer the State Board of Education’s power over charter school approvals and renewals to a Charter Schools Review Board, whose appointees would primarily be chosen by the General Assembly. The Board of Education currently has a majority consisting of Cooper appointees. HB 618 would likely lead to an increase in charter schools in the state.

“This is good legislation to help our charter schools expand, but to make sure that our charter schools are effective, efficient, have financial sound backing and most importantly are ready to educate all of our children,” Rep. Tricia Cotham, a Mecklenburg County Republican and one of the legislation’s primary sponsors, said of HB 618 when the bill was initially approved in May.

Rep. Tricia Cotham, a Mecklenburg County Republican and former Democrat, mouths the words “I see you,” as demonstrators are escorted from the House gallery by General Assembly police after a vote to override Gov. Roy Cooper’s veto of an abortion restriction bill Tuesday, May 16, 2023, at the Legislative Building in Raleigh, N.C.
Rep. Tricia Cotham, a Mecklenburg County Republican and former Democrat, mouths the words “I see you,” as demonstrators are escorted from the House gallery by General Assembly police after a vote to override Gov. Roy Cooper’s veto of an abortion restriction bill Tuesday, May 16, 2023, at the Legislative Building in Raleigh, N.C. Travis Long tlong@newsobserver.com

In his veto message of HB 618, Cooper called the move a “legislative power grab” that created a “commission of political friends and extremists,” and suggested that it violated the North Carolina Constitution as it “clearly gives the State Board of Education the oversight authority for public schools, including charter schools.” He also wrote that “oversight of charter schools should be conducted by education experts not partisan politicians.”

In response to that veto message, the North Carolina Coalition for Charter Schools wrote in a press release that Cooper used “unnecessarily charged language to attack public charter school supervisors.”

The General Assembly now has the opportunity to override both of Cooper’s vetoes, an outcome that is likely due to the support of a few Democrats on top of a Republican supermajority. House Speaker Tim Moore told reporters Thursday that veto overrides would be put on the House calendar for Aug. 7.

There are currently more than 200 charter schools in the state, and enrollment in charter schools has increased dramatically alongside a drop at traditional public schools. Charter schools are also public schools, but are exempt from certain rules that traditional public schools have to follow, such as teacher licensing requirements.

This story was originally published July 21, 2023 at 2:17 PM.

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Jazper Lu
The News & Observer
Jazper Lu is a politics reporting intern for The News & Observer’s state government news service, the NC Insider. He is a rising junior at Duke University, where he serves as managing editor for Duke’s independent student newspaper, The Chronicle.
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