North Carolina Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in North Carolina, with full citations and the original source on every page.
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Can North Carolina charter schools use the state's Private Capital Facilities Finance Act to raise capital for school buildings?
Yes. Charter schools are eligible to participate in Article 2 of Chapter 159D, the Private Capital Facilities Finance Act. The Act applies to 'institutions for elementary and secondary education,' def…
Can a North Carolina charter school satisfy the state's 180-day instructional requirement by running a five-month residential program with extended daily hours that adds up to 1000 instructional hours, instead of operating across the traditional nine-month school year?
No. AG Mike Easley's office concluded that G.S. § 115C-238.29F(d)(1) requires charter schools to offer instruction for at least 180 days, and the requirement cannot be satisfied by compressing those d…
When a NC public charter school enrolls students from a school district that levies a supplemental school tax, does the charter school get a per-pupil share of that supplemental tax revenue or only state funding?
It gets a share. The Charter School Act requires the local school administrative unit to transfer to the charter school a pro-rata share of its 'local current expense appropriation' for each enrolled …
If a group is applying to start a North Carolina charter school, can it run an enrollment period and admission lottery for the next school year before the State Board of Education grants final charter approval?
No. Under the Charter School Act, only an approved 'charter school' may enroll students or conduct an admission lottery. Up until final approval by the State Board of Education, the entity is an 'appl…
In North Carolina, can a school principal leave a school district to work at a charter school and use the same protected leave-of-absence statute that classroom teachers use, so they can come back later with their old career status?
No. N.C.G.S. § 115C-238.29F(e)(3) requires a local school administrative unit to grant an extended leave of absence to a teacher who wants to teach at a charter school. The AG concluded the term 'teac…
Can a North Carolina county board of commissioners directly appropriate county funds to a charter school for building construction or other capital projects?
No. NC counties have only the powers the General Assembly expressly delegates. The Charter School Act assigns specific funding mechanics: the State allocates State funds, and the local school administ…
If a nonprofit charter school board hires a for-profit management company to run the day-to-day school, can it hand over hiring and firing of teachers to that company, or does the board itself have to keep final say?
The board has to keep final say over teachers. Under G.S. 115C-238.29F(e), the charter school's board must employ and contract with teachers. The board can delegate the initial recommendation and disc…
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Attorney general opinions in North Carolina are written by the North Carolina Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.