November 28, 2012

The Honorable Jerry W. Tillman, Co-Chair The Honorable Bryan R. Holloway, Co-Chair The Honorable Linda Johnson, Co-Chair Joint Legislative Education Oversight Committee North Carolina General Assembly State Legislative Building 16 W. Jones Street Raleigh, NC 27601-1030 VIA ELECTRONIC MAIL AND HAND DELIVERY Dear Senator Tillman, Representatives Holloway and Johnson, I am responding to your letter of November 13, 2012, regarding the proposed virtual charter policy that is currently on the agenda for consideration by the State Board of Education (SBE) at its December meeting. To be clear, the State Board of Education has not yet considered or acted upon this policy. The proposed virtual charter policy was not intended to conflict with any laws enacted by the General Assembly or usurp the authority of the General Assembly to act in this area. Pursuant to Article IX of the Constitution the SBE has the authority to act in areas setting forth public education policy where the General Assembly has been silent. At this point in time, Chapter 115C is silent with regard to the establishment of virtual charter schools and its plain language is only directed at traditional brick and mortar charter schools. There appears to be substantial interest statewide with regard to responsibly introducing virtual charter schools in North Carolina. Accordingly, the State Board of Education directed the Department of Public Instruction (DPI) to study the issue of virtual charter schools nationwide with an emphasis on the particular problems that have arisen in those states. The SBE further directed DPI to gather input from North Carolina stakeholders, including that of the NC Public Charter School Advisory Council and to draft an application and State Board policy that adequately addresses those concerns. The deadline for applications for the next cycle of charter school applicants is March 1, 2013. The State Board of Education was hopeful to have a policy in place to enable virtual charter applicants to apply for charters sooner rather than later.

OFFICE OF THE STATE BOARD OF EDUCATION

William C. Harrison, Ed.D., Chairman | bill.harrison@dpi.nc.gov 6302 Mail Service Center, Raleigh, North Carolina 27699-6302 | (919) 807-3441 | Fax (919) 807-3445
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER

Senator Tillman, Representatives Holloway and Johnson November 28, 2012 Page 2

I welcome the opportunity to more fully address the concerns raised in your letter in person. I believe we can accomplish a great deal by discussing the collective wisdom in this area. After all, our obligation is to institute successful learning opportunities that enhance elementary and secondary public education in North Carolina. Sincerely,

William C. Harrison c: Senator Phil Berger Speaker Thom Tillis Superintendent June Atkinson