§ 115C‑218.8.  Nonmaterial revisions of charters.

It shall not be considered a material revision of a charter and shall not require prior approval of the Review Board for a charter school to do any of the following:

(1) Increase its maximum authorized enrollment during the charter school's second year of operation and annually thereafter, provided the school is not identified as low‑performing under G.S. 115C‑218.94. The maximum authorized enrollment is the target enrollment number identified in a school's charter. The maximum authorized enrollment may only be updated once per year and shall not decrease based on actual enrollment.

(2) If a school is low‑performing under G.S. 115C‑105.37A and has planned growth authorized in its charter, increase its maximum authorized enrollment during the charter school's second year of operation and annually thereafter in accordance with planned growth as authorized in its charter.

(3) Expand to offer one grade higher or lower than the charter school currently offers if the charter school has (i) operated for at least three years, (ii) has not been identified as continually low‑performing as provided in G.S. 115C‑218.94, and (iii) has been in financial compliance as required by the rules adopted by the State Board. (2016‑79, s. 1.4; 2017‑173, s. 3(b); 2023‑107, s. 2(c); 2023‑110, s. 1(g).)