The Democrat-controlled North Carolina Board of Education is calling a new bill, which would expand the authority of the Charter Schools Review Board to approve rules and policies for charter schools, unconstitutional.
Senate Bill 254 passed the state Senate June 25 in a party-line vote. The same day, it cleared the state House with eight Democrats joining all Republicans in support. Gov. Josh Stein, a Democrat, vetoed the bill on July 2.
SB 254 would transfer more oversight authority from the Board of Education to the Charter Schools Review Board, empowering the latter to approve, renew, and revoke the charters of public schools operating independently of traditional school districts. It also minimizes the state Board of Education’s role in charter school operations.
In reaction, Democrats are questioning the measure’s alignment with the state constitution. On July 2, State Board of Education Chair Eric Davis and Superintendent of Public Instruction Mo Green issued a joint statement calling the bill “unconstitutional.”
“Charter schools are public schools,” Davis and Green said. “Several provisions in Senate Bill 254 unconstitutionally propose to transfer core responsibilities of oversight, accountability and rulemaking for charter schools from the North Carolina State Board of Education and North Carolina Superintendent of Public Instruction — the constitutionally established authorities entrusted with the responsibilities to supervise and administer our state’s public school system.”
Their primary concern centers on what they see as an improper delegation of constitutional authority to what they call a “non-constitutional body” — the Charter Schools Review Board.
The constitutional argument hinges on the specific language in North Carolina’s state constitution regarding education oversight. The state constitution assigns responsibility for supervising and administering the public school system to the State Board of Education and the state superintendent.
Davis and Green argue that transferring these duties to the Charter Schools Review Board would “severely hinder” their ability to fulfill their constitutional mandates. They worry this could compromise their responsibility to ensure all public school students receive the education guaranteed by the state constitution.
“These provisions threaten the SBE and state superintendent’s ability to ensure that all public-school students, regardless of setting, receive the education to which they are constitutionally entitled,” they stated.
Republicans have enough Democrat support in the House to override the veto.
The Republican-led General Assembly created the Charter School Review Board in 2023 to address ongoing conflicts with the State Board of Education over charter school approvals.
Under the previous system, new public charters required authorization from the Charter Schools Advisory Board and a majority vote from the State Board of Education. The new Charter School Review Board, composed of 11 voting members — including representatives from the Senate, House, State Board of Education, and the lieutenant governor — was established to evaluate and approve new charters, with its decisions subject to appeal to the State Board of Education.
Charter schools in North Carolina continue to experience significant growth and diversification. They remain the fastest-growing segment of K-12 education, with a 5% enrollment increase between 2023 and 2024, while traditional public schools saw a slight decline. Meanwhile, over 74,000 students are on waitlists to join charters.
Additionally, these schools have become more racially diverse. While white students continue to represent the largest demographic group, the percentage has dropped from over 60% in 2010 to 46.2% in 2024. Meanwhile, Hispanic enrollment has nearly tripled, rising from 5.8% in 2010 to 14.8% in 2024. Similarly, Asian student enrollment has more than doubled, increasing from 2.0% to 5.1%; and students identifying as two or more races jumped from 2.8% to 7.0%.