GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	5 

SENATE BILL 297*
Education/Higher Education Committee Substitute Adopted 4/3/97
Pensions & Retirement and Insurance Committee Substitute No. 2 Adopted 4/28/97
Fourth Edition Engrossed 4/30/97
House Committee Substitute Favorable 6/11/97

Short Title:  Amend Charter Sch. Laws.	(Public)

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Sponsors:

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Referred to:  

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March 5, 1997

A BILL TO BE ENTITLED
AN ACT TO AMEND THE LAWS GOVERNING CHARTER SCHOOLS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 115C-238.29B reads as rewritten:
"§ 115C-238.29B.  Eligible applicants; contents of applications; submission of applications for approval.
(a)	Any person, group of persons, or nonprofit corporation seeking to establish a charter school within a local school administrative unit may apply to establish a charter school.  If the applicant seeks to convert a public school to a charter school, the application shall include a statement signed by a majority of the teachers and instructional support personnel currently employed at the school indicating that they favor the conversion and evidence that a significant number of parents of children enrolled in the school favor conversion.
(b)	The application shall contain at least the following information:
(1)	A description of a program that implements one or more of the purposes in G.S. 115C-238.29A.
(2)	A description of student achievement goals for the school's educational program and the method of demonstrating that students have attained the skills and knowledge specified for those student achievement goals.
(3)	The governance structure of the school including the names of the proposed initial members of the board of directors of the nonprofit, tax-exempt corporation or of the board of directors whose members shall be approved by the State Board and the process to be followed by the school to ensure parental involvement.
(3a)	The local school administrative unit in which the school will be located.
(4)	Admission policies and procedures.
(5)	A proposed budget for the school and evidence that the plan for the school is economically sound.
(6)	Requirements and procedures for program and financial audits.
(7)	A description of how the school will comply with G.S. 115C-238.29F.
(8)	Types and amounts of insurance coverage, including bonding insurance for the principal officers of the school, to be obtained by the charter school.
(9)	The term of the contract.
(10)	The qualifications required for individuals employed by the school.
(11)	The procedures by which students can be excluded from the charter school and returned to a public school.  Notwithstanding any law to the contrary, any local board may refuse to admit any student who is suspended or expelled from a charter school due to actions that would lead to suspension or expulsion from a public school under G.S. 115C-391 until the period of suspension or expulsion has expired.
(12)	The number of students to be served, which number shall be at least 65, and the minimum number of teachers to be employed at the school, which number shall be at least three.  However, the charter school may serve fewer than 65 students or employ fewer than three teachers if the application contains a compelling reason, such as the school would serve a geographically remote and small student population.
(13)	Information regarding the facilities to be used by the school and the manner in which administrative services of the school are to be provided.
(14)	A statement of whether the charter school will be operated by the board of directors of a nonprofit, tax-exempt corporation or by a board of directors whose members are approved by the State Board of Education.  In the event the board of directors of a nonprofit, tax-exempt corporation will operate the charter school, the application must specify which employee benefits will be offered to its employees and how the benefits will be funded.
(c)	An applicant shall submit the application to a chartering entity for preliminary approval. A chartering entity may be:
(1)	The local board of education of the local school administrative unit in which the charter school will be located;
(2)	The board of trustees of a constituent institution of The University of North Carolina, so long as the constituent institution is involved in the planning, operation, or evaluation of the charter school; or
(3)	The State Board of Education.
Regardless of which chartering entity receives the application for preliminary approval, the State Board of Education shall have final approval of the charter school.
(c1)	Unless an applicant submits its application under subsection (c) of this section to the local board of education of the local school administrative unit in which the charter school will be located, the applicant shall submit a copy of its application to that local board by November 10.  The local board may offer any information or comment concerning the application it considers appropriate to the chartering entity.  The local board shall deliver this information to the chartering entity no later than January 1 of the next calendar year.  The applicant shall not be required to obtain or deliver this information to the chartering entity on behalf of the local board."
Section 2.  Part 6A of Article 16 of Chapter 115C of the General Statutes is amended by adding the following new section to read:
"§ 115C-238.29C1.  Criminal history checks.
(a)	As used in this section:
(1)	'Criminal history' means a county, State, or federal criminal history of conviction of a crime, whether a misdemeanor or a felony, that indicates an individual (i) poses a threat to the physical safety of students or personnel, or (ii) has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as school personnel.  These  crimes include the following North Carolina crimes contained in any of the following Articles of Chapter 14 of the General Statutes:  Article 5A, Endangering Executive and Legislative Officers; Article 6, Homicide; Article 7A, Rape and Kindred Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material; Article 14, Burglary and Other Housebreakings; Article 15, Arson and Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19, False Pretense and Cheats; Article 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means; Article 20, Frauds; Article 21, Forgery; Article 26, Offenses Against Public Morality and Decency; Article 26A, Adult Establishments; Article 27, Prostitution; Article 28, Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Against the Public Peace; Article 36A, Riots and Civil Disorders; Article 39, Protection of Minors; and Article 60, Computer-Related Crime.  These crimes also include possession or sale of drugs in violation of the North Carolina Controlled Substances Act, Article 5 of Chapter 90 of the General Statutes, and alcohol-related offenses such as sale to underage persons in violation of G.S. 18B-302 or driving while impaired in violation of G.S. 20-138.1 through G.S. 20-138.5.  In addition to the North Carolina crimes listed in this subdivision, such crimes also include similar crimes under federal law or under the laws of other states.
(2)	'School personnel' means any:
a.	Member of the board of directors of a charter school,
b.	Employee of a charter school, or
c.	Independent contractor or employee of an independent contractor of a charter school if the independent contractor carries out duties customarily performed by school personnel,
	whether paid with federal, State, local, or other funds, who has significant access to students or who has responsibility for the fiscal management of a charter school.
(b)	The State Board of Education shall adopt a policy on whether and under what circumstances school personnel shall be required to be checked for a criminal history.  The policy shall not require school personnel to be checked for a criminal history check before preliminary approval is granted under G.S. 115C-238.29B.  The Board shall apply its policy uniformly in requiring school personnel to be checked for a criminal history.  The Board may grant conditional approval of an application while the Board is checking a person's criminal history and making a decision based on the results of the check.
The State Board shall not require school personnel to pay for the criminal history check authorized under this section.
(c)	The Board of Education shall require the person to be checked by the Department of Justice to (i) be fingerprinted and to provide any additional information required by the Department of Justice to a person designated by the State Board, or to the local sheriff or the municipal police, whichever is more convenient for the person, and (ii) sign a form consenting to the check of the criminal record and to the use of fingerprints and other identifying information required by the repositories.  The State Board shall consider refusal to consent when deciding whether to grant final approval of an application under G.S. 115C-238.29D and when making an employment recommendation.  The fingerprints of the individual shall be forwarded to the State Bureau of Investigation for a search of the State criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The Department of Justice shall provide to the State Board of Education the criminal history from the State and National Repositories of Criminal Histories of any school personnel for which the Board requires a criminal history check.
The State Board shall not require school personnel to pay for the fingerprints authorized under this section.
(d)	The State Board shall review the criminal history it receives on an individual.  The State Board shall determine whether the results of the review indicate that the individual (i) poses a threat to the physical safety of students or personnel, or (ii) has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as school personnel and shall use the information when deciding whether to grant final approval of an application for a charter school under G.S. 115C-238.29D and for making an employment recommendation to the board of directors of a charter school.  The State Board shall make written findings with regard to how it used the information when deciding whether to grant final approval under G.S. 115C-238.29D and when making an employment recommendation.
(e)	The State Board shall notify in writing the board of directors of the charter school of the determination by the State Board as to whether the school personnel is qualified to operate or be employed by a charter school based on the school personnel's criminal history.  At the same time, the State Board shall provide to the charter school's board of directors the written findings the Board makes in subsection (d) of this section and its employment recommendation.  If the State Board recommends dismissal or nonemployment of any person, the board of directors of the charter school shall dismiss or refuse to employ that person.  In accordance with the law regulating the dissemination of the contents of the criminal history file furnished by the Federal Bureau of Investigation, the State Board shall not release nor disclose any portion of the school personnel's criminal history to the charter school's board of directors or employees.  The State Board also shall notify the school personnel of the procedure for completing or challenging the accuracy of the criminal history and the personnel's right to contest the State Board's determination in court.
(f)	All the information received by the State Board of Education or the charter school in accordance with subsection (e) of this section through the checking of the criminal history is privileged information and is not a public record but is for the exclusive use of the State Board of Education or the board of directors of the charter school.  The State Board of Education or the board of directors of the charter school may destroy the information after it is used for the purposes authorized by this section after one calendar year.
(g)	There shall be no liability for negligence on the part of the State Board of Education or the board of directors of the charter school, or their employees, arising from any act taken or omission by any of them in carrying out the provisions of this section.  The immunity established by this subsection shall not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable.  The immunity established by this subsection shall be deemed to have been waived to the extent of indemnification by insurance, indemnification under Articles 31A and 31B of Chapter 143 of the General Statutes, and to the extent sovereign immunity is waived under the Tort Claims Act, as set forth in Article 31 of Chapter 143 of the General Statutes."
Section 3.  G.S. 115C-238.29D(b) reads as rewritten:
"(b)	The State Board shall authorize no more than five charter schools in one local school administrative unit. The State Board shall authorize no more than 100 charter schools statewide. If more than five charter schools in one local school administrative unit or more than 100 schools statewide meet the standards for final approval, the State Board shall give priority to applications that are most likely to further State education policies and to strengthen the educational program offered in the local school administrative units in which they are located."
Section 4.  G.S. 115C-238.29D(d) reads as rewritten:
"(d)	The State Board of Education may grant the initial charter for a period not to exceed 10 years and may renew the charter upon the request of the chartering entity for subsequent periods not to exceed five years each.  If the State Board grants the initial charter for a period greater than five years, the Board shall review the status of the charter school five years after it grants the initial charter.  A material revision of the provisions of a charter application shall be made only upon the approval of the State Board of Education.  The State Board shall establish a policy to enable a charter school to increase the number of students to be served in years following the initial year of a charter school's operation in a manner that would not be considered a material revision of a charter application and would not require the Board's approval.  Nonrenewal of a charter operated by a board of directors whose members are approved by the State Board of Education shall constitute a termination of that board of directors."
Section 5.  G.S. 115C-238.29E reads as rewritten:
	"(a)	A charter school that is approved by the State shall be a public school within the local school administrative unit in which it is located. It shall be accountable to its chartering entity, or to the State Board if the chartering entity denied preliminary approval, for purposes of ensuring  compliance with applicable laws and the provisions of its charter.
(b)	A charter school shall be operated in one of the following ways:
(1)	By a board of directors of a nonprofit corporation that receives federal tax-exempt status no later than 24 months after final approval of the application.
(2)	By a board of directors whose members are approved by the State Board of Education.  The board of directors shall be composed of no more than 25 members.  The initially proposed members shall serve terms no longer than the length of the charter granted by the State Board.  Subsequently proposed members shall serve terms no longer than five years.  No member may serve more than two full terms.  Appointments to the board of directors, including those necessary to fill vacancies, shall be recommended by the current board of directors and approved by the State Board of Education.
In the event a charter school receives final approval from the State Board of Education by March 31, 1997, the State Board shall provide the opportunity for the school to be operated by a board of directors whose members are approved by the State Board.
(c)	A charter school shall operate under a written contract signed by the entity to which the charter school is accountable under subsection (a) of this section and the applicant.  The contract shall incorporate at a minimum the information provided in the application, as modified during the charter approval process, and any terms and conditions imposed on the charter school by the State Board of Education.
(d)	The board of directors of the charter school shall decide matters related to the operation of the school, including budgeting, curriculum, and operating procedures.
(e)	A charter school's specific location shall not be prescribed or limited by a local board or other authority except a zoning authority.  The school may lease space from a local board of education or as is otherwise lawful in the local school administrative unit in which the charter school is located.  At the request of the charter school, the local board of education of the local school administrative unit in which the charter school will be located shall lease any available building or land to the charter school unless the board demonstrates that the lease is not economically or practically feasible or that the local board does not have adequate classroom space to meet its enrollment needs.  In the event that a public school converts to a charter school, the local board of education of the local school administrative unit in which the school is located shall lease to the charter school the school facilities that have been used by that public school unless the board demonstrates that the lease is not economically or practically feasible or that the local board does not have adequate classroom space to meet its enrollment needs.  Notwithstanding any other law, a local board of education may provide a school facility to a charter school free of charge; however, the charter school shall be responsible for the maintenance of and insurance for the school facility.
(f)	Except as provided in this Part and pursuant to the provisions of its contract, a charter school is exempt from statutes and rules applicable to a local board of education or local school administrative unit."
Section 6.  G.S. 115C-238.29F reads as rewritten:
"§ 115C-238.29F.  General requirements.
(a)	Health and Safety Standards. – A charter school shall meet the same health and safety requirements required of a local school administrative unit.
(b)	School Nonsectarian. – A charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations and shall not charge tuition and fees. A charter school shall not be affiliated with a nonpublic sectarian school or a religious institution.
(c)	Civil Liability and Insurance. – 
(1)	The board of directors of a charter school may sue and be sued.  The State Board of Education shall adopt rules to establish reasonable amounts and types of liability insurance that the board of directors shall be required by the contract to obtain.  The board of directors shall obtain at least the amount of and types of insurance required by these rules to be included in the contract.  The liability in tort of the charter school, the board of directors or organization that operates the charter school, including any member, officer, or director of that board or organization, and the charter school's employees shall not be covered under the Tort Claims Act, as set out in Article 31 of Chapter 143 of the General Statutes, and the State shall not provide for the defense of any civil or criminal action or proceeding brought against any charter school, any board of directors or organization that operates the charter school or any of its members, officers, or directors, or any charter school employee.  Any sovereign immunity of the charter school, of the board of directors or organization that operates the charter school or its members, officers, or directors, or of the employees of the charter school or the board of directors or organization that operates the charter school, is waived to the extent of indemnification by insurance.
(2)	No civil liability shall attach to any chartering entity, to the State Board of Education, or to any of their members or employees, individually or collectively, for any acts or omissions of the charter school. The immunity established by this subdivision shall be deemed to have been waived to the extent of indemnification by insurance, indemnification under Articles 31A and 31B of Chapter 143 of the General Statutes, and to the extent sovereign immunity is waived under the Tort Claims Act, as set forth in Article 31 of Chapter 143 of the General Statutes.
(d)	Instructional Program. – 
(1)	The school shall provide instruction each year for at least 180 days.
(2)	The school shall design its programs to at least meet the student performance standards adopted by the State Board of Education and the student performance standards contained in the contract.
(3)	A charter school shall conduct the student assessments required for charter schools by the State Board of Education.
(4)	The school shall comply with policies adopted by the State Board of Education for charter schools relating to the education of children with special needs.
(5)	The school is subject to and shall comply with Article 27 of Chapter 115C of the General Statutes, except that a charter school may also exclude a student from the charter school and return that student to another school in the local school administrative unit in accordance with the terms of its contract.
(e)	Employees. – 
(1)	An employee of a charter school is not an employee of the local school administrative unit in which the charter school is located.  The charter school's board of directors shall employ and contract with necessary teachers to perform the particular service for which they are employed in the school; at least seventy-five percent (75%) of these teachers in grades kindergarten through five, at least fifty percent (50%) of these teachers in grades six through eight, and at least fifty percent (50%) of these teachers in grades nine through 12 shall hold teacher certificates.  The board also may employ necessary employees who are not required to hold teacher certificates to perform duties other than teaching and may contract for other services.  The board may discharge teachers and noncertificated employees.
(2)	No local board of education shall require any employee of the local school administrative unit to be employed in a charter school.
(3)	If a teacher employed by a local school administrative unit makes a written request for an extended leave of absence to teach at a charter school, the local school administrative unit shall grant the leave.  The local school administrative unit shall grant a leave for any number of years requested by the teacher, shall extend the leave for any number of years requested by the teacher, and shall extend the leave at the teacher's request. For the initial year of a charter school's operation, the local school administrative unit may require that the request for a leave or extension of leave be made up to 45 days before the teacher would otherwise have to report for duty.  For subsequent years, the local school administrative unit may require that the request for a leave or extension of leave be made up to 90 days before the teacher would otherwise have to report for duty.  A teacher who has career status under G.S. 115C-325 prior to receiving an extended leave of absence to teach at a charter school may return to a public school in the local school administrative unit with career status at the end of the leave of absence or upon the end of employment at the charter school if an appropriate position is available.  If an appropriate position is unavailable, the teacher's name shall be placed on a list of available teachers and that teacher shall have priority on all positions for which that teacher is qualified in accordance with G.S. 115C-325(e)(2).
(4)	
	The employees of a charter school operated by a board of directors whose members are approved by the State Board are public employees and are 'teachers' within the meaning of G.S. 135-1(25) to the same extent as if they were employees of a local school administrative unit.  Employees of a charter school operated by a nonprofit, tax-exempt corporation are not public employees and are not 'teachers' within the meaning of G.S. 135-1(25).
(f)	Accountability. – 
(1)	The school is subject to the financial audits, the audit procedures, and the audit requirements adopted by the State Board of Education for charter schools.
(2)	The school shall comply with the reporting requirements established by the State Board of Education in the Uniform Education Reporting System.
(3)	The school shall report at least annually to the chartering entity and the State Board of Education the information required by the chartering entity or the State Board.
(g)	Admission Requirements. – 
(1)	Any child who is qualified under the laws of this State for admission to a public school is qualified for admission to a charter school.
(2)	No local board of education shall require any student enrolled in the local school administrative unit to attend a charter school.
(3)	Admission to a charter school shall not be determined according to the school attendance area in which a student resides, except that any local school administrative unit in which a public school converts to a charter school shall give admission preference to students who reside within the former attendance area of that school.
(4)	Admission to a charter school shall not be determined according to the local school administrative unit in which a student resides.
(5)	A charter school shall not discriminate against any student on the basis of ethnicity, national origin, gender, or disability. Except as otherwise provided by law or the mission of the school as set out in the contract, the school shall not limit admission to students on the basis of intellectual ability, measures of achievement or aptitude, athletic ability, disability, race, creed, gender, national origin, religion, or ancestry.  Within one year after the charter school begins operation, the population of the school shall reasonably reflect the racial and ethnic composition of the general population residing within the local school administrative unit in which the school is located or the racial and ethnic composition of the special population that the school seeks to serve residing within the local school administrative unit in which the school is located. The school shall be subject to any court-ordered desegregation plan in effect for the local school administrative unit.
(6)	The school shall enroll an eligible student who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. In this case, students shall be accepted by lot.
(7)	Notwithstanding any law to the contrary, a charter school may refuse admission to any student who has been expelled or suspended from a public school under G.S. 115C-391 until the period of suspension or expulsion has expired.
(h)	Transportation. – The charter school may provide transportation for students enrolled at the school.  The charter school shall develop a transportation plan so that transportation is not a barrier to any student who resides in the local school administrative unit in which the school is located.  The charter school is not required to provide transportation to any student who lives within one and one-half miles of the school.  The local board of the local school administrative unit in which the charter school is located is encouraged to contract with the charter school for the provision of transportation if the board operates a school bus transportation system.
(i)	Assets. – Upon dissolution of the charter school or upon the nonrenewal of the charter, all net assets of the charter school purchased with public funds shall be deemed the property of the local school administrative unit in which the charter school is located."
Section 7.  Part 6A of Article 16 of Chapter 115C of the General Statutes is amended by adding the following new section:
"§ 115C-238.29F1.  Powers of board of directors whose members are approved by State Board.
(a)	In addition to the powers enumerated in this Part as well as the obligations and duties imposed on it by the State Board, its contract, and its charter, the board of directors whose members are approved by the State Board of Education shall have the following powers:
(1)	The powers of a corporate body, including the power to sue and be sued, to make contracts, to adopt and use a common seal, and to alter the adopted seal as needed.
(2)	To enter into operational leases for real property or mobile classroom units under G.S. 115C-238.29H.
(3)	To purchase, acquire, own, maintain, or dispose of personal property.
(4)	To purchase, acquire, or own real property, and to establish, construct, or purchase any structure or facility necessary for the operation of the charter school, so long as State funds are not used.
(5)	To maintain, equip, and operate any structure or facility necessary for the operation of a charter school.
(6)	To pay all necessary costs and expenses in the formation, organization, administration, and operation of the charter school.
(7)	To apply for, accept, and administer loans and grants of money from any federal agency, from the State or its political subdivisions, or from any other public or private sources available, to expend the money in accordance with the requirements imposed by the lender or donor, and to give any evidences of indebtedness that are required.  The charter school shall not use State funds to secure any indebtedness under this subdivision.  No indebtedness of any kind incurred or created by the board of directors shall constitute an indebtedness of the State or its political subdivisions, and no indebtedness of the board of directors shall involve or be secured by the faith, credit, or taxing power of the State or its political subdivisions.
(8)	To execute financing agreements, security documents, and other instruments necessary in exercising its power under this Part, so long as State funds are not used as security or to pay interest or other debt service costs.
(9)	To employ, elect, or appoint officers, employees, and agents of the board of directors, define their duties, and fix their compensation.
(10)	To receive and use allocations from the State Board and local board.
The board of directors shall not have the authority to levy taxes, issue bonds, or acquire property by eminent domain.
(b)	Leases, contracts, and other agreements entered into by a board of directors whose members are approved by the State Board of Education shall be for terms no longer than the length of the charter that the State Board of Education has granted or renewed. They are subject to approval by the Local Government Commission under Article 8 of Chapter 159 of the General Statutes if they meet the standards set out in G.S. 159-148(a)(1), 159-148(a)(2), and 159-148(a)(3).  For the purpose of determining whether the standards set out in G.S. 159-148(a)(3) have been met, only the five hundred thousand dollar ($500,000) threshold shall apply."
Section 8.  G.S. 115C-238.29H(a) reads as rewritten:
"(a)	The State Board of Education shall allocate to each charter school (i) an amount equal to the average per pupil allocation for average daily membership from the local school administrative unit allotments in which the charter school is located for each child attending the charter school except for the allocation for children with special needs and (ii) an additional amount for each child attending the charter school who is a child with special needs.  In accordance with its policy adopted under G.S. 115C-238.29D(d), the State Board shall allow for annual adjustments to the amount allocated to a charter school based on its enrollment growth in school years subsequent to the initial year of operation.
In the event a child with special needs leaves the charter school and enrolls in a public school during the first 60 school days in the school year, the charter school shall return the additional State funds allocated for that child to the State Board, and the State Board shall reallocate those funds to the local school administrative unit in which the public school is located.
(a1)	Funds allocated by the State Board of Education may be used to enter into operational leases for real property or mobile classroom units for use as school facilities for charter schools.  State funds shall not be used to obtain any other interest in real property or mobile classroom units, to pay interest or other debt service costs, or to secure any indebtedness.  As used in this subsection, the term 'operational leases' is defined according to generally accepted accounting principles. The school may own land and buildings it obtains through non-State sources."
Section 9.  G.S. 115C-238.29J(a) reads as rewritten:
"(a)	Local boards of education are authorized and encouraged to provide administrative and evaluative support to charter schools located within their local school administrative units."
Section 10.  G.S. 143-291 is amended by adding the following new subsection:
"( d)	Charter schools as authorized under Part 6A of Article 16 of Chapter 115C of the General Statutes and the boards of directors or organizations authorized to operate these charter schools are not State agencies for purposes of this Article, and their liability in tort is not subject to this Article."
Section 11.  Article 31A of Chapter 143 of the General Statutes is amended by adding the following new section:
"§ 143-300.4A.  Defense of charter school personnel.
Notwithstanding any other provisions of this Article, the State shall not provide the defense of any civil or criminal action or proceeding brought against any charter school authorized under Part 6A of Article 16 of Chapter 115C of the General Statutes, any board of directors or organization that operates a charter school or its members, officers, or directors, or any charter school employee, individually or collectively."
Section 12.  Article 31B of Chapter 143 of the General Statutes is amended by adding the following new section:
"§ 143-300.15A.  Defense of charter school personnel.
Notwithstanding any other provisions of this Article, the State shall not provide the defense of any civil or criminal action or proceeding brought against any member, director, or officer of a board of directors or an organization that operates a charter school authorized under Part 6A of Article 16 of Chapter 115C of the General Statutes, or any employee of a charter school, individually or collectively."
Section 13.  This act is effective when it becomes law.