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What is the purpose of a charter school?�G.S. §115C-218(a)

(a) Purpose of Charter Schools. - The purpose of this Article is to authorize a system of charter schools to provide opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently of existing schools, as a method to accomplish all of the following:
(1) Improve student learning;
(2) Increase learning opportunities for all students, with special emphasis on expanded learning experiences for students who are identified as at risk of academic failure or academically gifted;
(3) Encourage the use of different and innovative teaching methods;
(4) Create new professional opportunities for teachers, including the opportunities to be responsible for the learning program at the school site;
(5) Provide parents and students with expanded choices in the types of educational opportunities that are available within the public school system; and
(6) Hold the schools established under this Article accountable for meeting measurable student achievement results, and provide the schools with a method to change from rule-based to performance-based accountability systems.

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Charter School Operation�G.S. §115C-218.15

Charter schools are public schools that are accountable to the State Board of Education for ensuring compliance with applicable laws and the provisions of their charters.
All charter schools must have a conflict of interest policy and anti-nepotism policy.
The board of directors of the charter school shall decide matters related to the operation of the school, including budgeting, curriculum, and operating procedures.

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Vance Charter�Anti-Nepotism�Policy

Before any immediate family of any member of the board of directors or a Vance Charter School employee with supervisory authority shall be employed or engaged as an employee, independent contractor, or otherwise by the board of directors in any capacity, such proposed employment or engagement shall be (i) disclosed to the board of directors and (ii) approved by the board of directors in a duly called open‑session meeting. The burden of disclosure of such a conflict of interest shall be on the applicable board member or employee with supervisory authority. If the requirements of this policy are complied with, Vance Charter School may employ immediate family of any member of the board of directors or a Vance Charter School employee with supervisory authority.
For the purposes hereof, the term "immediate family member" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in‑law relationships.

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Open Meetings and Public Records Requirements�G.S. §115C-218.25

Charter Schools are subject to:

Public Records Act, Chapter 132 of the General Statutes,
Open Meetings Law, Article 33C of Chapter 143 of the General Statutes.

Notwithstanding the requirements of Chapter 132 of the General Statutes, inspection of charter school personnel records for those employees directly employed by the board of directors of the charter school shall be subject to the requirements of Article 21A of this Chapter.
School and BOD must use the same schedule established by the Department of Natural and Cultural Resources for retention and disposition of records of local school administrative units.

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Open Meetings Law�Article 33C, Chapter 143 of NCGS

All Board meetings and committee meetings must be open to the public except for allowed closed sessions.
Reasons for closed sessions:

To protect confidential or privileged information.
To prevent the premature disclosure of an honorary degree, scholarship, prize, or similar award.
To consult with an attorney to protect the attorney-client privilege.
Discussing the location or expansion of industries or other businesses in the area served by the public body.
Establishing or instructing staff or agents on the public body’s negotiating position for employment contracts.
To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee.

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Public Records Requirements�Chapter 132 of NCGS

§ 132-1. "Public records" defined.

"Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government.
The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people. Therefore, it is the policy of this State that the people may obtain copies of their public records and public information free or at minimal cost unless otherwise specifically provided by law. As used herein, "minimal cost" shall mean the actual cost of reproducing the public record or public information.

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Primary Function of Charter School BOD-Set Policy and monitor compliance�

Each public charter school is governed by the board of directors of the non-profit organization that holds the charter. The board governs through its adopted policies and clear evaluative metrics. Its primary duties are to ensure that:
The academic programs are successful
The school's operational programs comply with all terms of its charter
The school is compliant in all statutory and regulatory requirements
The school is financially solvent
Competent, professional staff are hired to carry out the operational plan
At every meeting, the board should discuss the financial stability, academic standing, and any compliance situations to ensure it is making adequate progress towards renewal.
http://www.ncpublicschools.org/charterschools/information/topics?role=board&&topic=Charter%20Board%20Responsibilities

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Financial Documents to Review at Each Board Meeting�

The balance sheet (demonstrates current net worth of the organization; assets, liabilities and equity)
Cash flow statement (demonstrates all transactions for a period; what comes in and goes out)
Income and expense statement (makes a miniature budget for the particular period)
The budget versus the actual report (demonstrates whether the school is meeting goals, making a profit, etc.)
http://www.ncpublicschools.org/charterschools/information/topics?role=board&&topic=Charter%20Board%20Responsibilities

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Role of School Leadership Versus Role of Board

School leadership is responsible for leading and developing plans that drive the school's performance and execute the mission of the school.

School leadership should routinely answer “how will” questions.

The Board is responsible for making sure that the school performs through clear evaluative measures.

It ensures that the mission of the school is achieved.
The board of directors should routinely ask “how well” questions.

http://www.ncpublicschools.org/charterschools/information/topics?role=board&&topic=Charter%20Board%20Responsibilities

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Four Things The Board Should Evaluate Annually

Each year, the Board should evaluate:

its goals in the approved charter application
its progress toward charter agreement renewal
the performance of the school leader
the performance of the board
http://www.ncpublicschools.org/charterschools/information/topics?role=board&&topic=Charter%20Board%20Responsibilities

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The Family Educational Rights and Protection Act�“FERPA”

FERPA is a federal law that, among other things, protects the confidentiality of student records. With limited exceptions, FERPA requires signed and dated written consent from a parent or eligible student before a school can disclose personally identifiable information from the student’s “education records.” 34 CFR § 99.30. Education records include any records that directly relate to a student and are maintained by an educational agency or institution. Id. Personally identifiable information, or PII, includes information which can alone, or in combination, allow a reasonable person in the school community to identify the student with reasonable certainty. 34 CFR § 99.3.
Practically speaking, a student’s name on a grade report, attendance record, or discipline record would be protected PII from an education record. Other information included in a record, such as the student’s grade level, student ID number, address, or date of birth may also meet the definition of protected PII. For a board member to access student records that include PII, written consent is required unless the disclosure falls under one of the narrow exceptions. In this context, the most relevant exception would be the “school official exception.”
https://www.ksbschoollaw.com/blog/2017/10/27/ignorance-is-bliss-board-members-and-student-records

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Board Members and �“FERPA”

One of the exceptions to the prior written consent requirement in FERPA allows “school officials,” including teachers, within a school to obtain access to personally identifiable information contained in education records provided the school has determined that they have “legitimate educational interest” in the information. Although the term “school official” is not defined in the statute or regulations, this Office generally interprets the term to include parties such as: professors; instructors; administrators; health staff; counselors; attorneys; clerical staff; trustees; members of committees and disciplinary boards; and a contractor, volunteer or other party to whom the school has outsourced institutional services or functions.
A school must inform eligible students of how it defines the terms “school official” and “legitimate educational interest” in its annual notification of FERPA rights. A school official generally has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
https://studentprivacy.ed.gov/sites/default/files/resource_document/file/for-eligible-students.pdf (emphasis added).

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Board Members and �“FERPA” cont’d

The “need to review” standard usually excludes board members from being eligible for the school official exception. Given the usual responsibilities of board members, it is unlikely that a member would need to review an education record in order to fulfill his or her professional responsibility.
An example of when a board member would have a legitimate educational interest to access student records would be when a student appeals a disciplinary action. In this context, a board member, in order to fulfill his or her professional responsibility, would most likely need access to specific education records related to behavior and discipline. However, this educational interest probably would not extend to all of the student’s records.
https://www.ksbschoollaw.com/blog/2017/10/27/ignorance-is-bliss-board-members-and-student-records

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Board Members Fiduciary Duties

All non-profit corporation board members have fiduciary duties to the corporation:
There are three fiduciary duties. The duty of care describes the attention and judgment you are expected to exercise in performing your board member functions. The duty of loyalty arises when you or another board member has a personal interest that conflicts with the nonprofit’s interests. The duty of obedience requires board members to comply with the nonprofit’s governing principles as contained in its corporate documents.
https://www.ncnonprofits.org/resources/guidebook-boards-directors-north-carolina-nonprofits

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