A state appeals court found that a proposed online charter school to be run by a Wall Street-traded education company K12, Inc. did not have an automatic right to have its application considered.
The court’s decision puts a halt to any plans to open the virtual charter school, with no applications currently pending with the N.C. Department of Public Instruction.
In an order issued today in the case, N.C. Board of Education v. North Carolina Learns, the three-judge appeals court panel backed the prior rulings made by former Wake Superior Court Judge Abraham Jones that the State Board of Education (SBOE) acted properly when, in 2012, it didn’t act on an application submitted by the online school.
“NCVA [North Carolina Virtual Academy] argues that the SBOE was required to act before the 15 March deadline and thus lost its ability to act by failing to meet the deadline,” N.C Appeals Court Judge Wanda Bryant wrote in the opinion. “We disagree.
“[I]t is clear that the SBOE had no duty to review or otherwise further act on NCVA’s virtual charter school application,” she wrote.
To read the entire appeals court opinion, click here.