The North Carolina Board of Education voted Thursday to send Cape View Leadership Academy’s charter appeal back to the Charter Schools Review Board for further, limited consideration.
The move adopts a recommendation from an appeals panel but stops short of reversing the initial decision to block the school. “The board’s recommendation is without any suggestion about what the outcome should be,” Vice Chair Alan Duncan said during a board discussion Wednesday. “It’s simply to make sure that the procedural setting on the hearing is completed.”
The vote followed an appeals hearing Tuesday before a three-member panel of the State Board’s Education Innovation and Charter Schools Committee, made up of Duncan, Jill Camnitz and Chair John Blackburn. They unanimously recommended a narrow remand after weighing whether the review process had been fair.
At the center of the appeal is a dispute over whether the December interview before the review board gave both Cape View’s nonprofit governing board and its proposed management partner, Accel Schools, a fair opportunity to respond to questions and staff evaluations.
Cape View Leadership Academy hopes to open a grades 6–12 career-and-technical school in Pender County. However, the review board blocked the plan in December, pointing to several reasons including a vague academic model and a lack of detail on how the school would serve students with disabilities.
During an appeals hearing Tuesday, Cape View’s attorney Matthew Tilley said the school intentionally deferred some answers because they believed Accel would have its own separate window to testify.
“All we’re asking this board to do is simply … open it back up for reconsideration,” Tilley told the panel.
Ashley Logue, executive director of the Office of Charter Schools, pushed back, saying while applicants with management partners get “additional” time, the rules do not guarantee a separate or standalone session.
“It is telling that the appellant uses the word ‘separate,’” Logue said. She explained that while interviews can run up to 90 minutes, the board isn’t required to use all that time or divide it into distinct segments.
Logue told the panel the December interview ran about an hour and that review board members asked questions of both the applicant board and the management organization during that time. She said the board also relied on written evaluations from internal and external reviewers, including DPI exceptional-children staff who rated Cape View’s educational plan as not meeting standards.
Despite siding with DPI staff on the structure of the interview, the appeals panel concluded that the fairness concern warranted a “limited remedy.”
“This should be for the limited purpose of allowing Accel to make whatever comments that it deems appropriate that it was not able to make based on the presentation that’s been made,” Duncan said during the appeal hearing.
The Charter School Review Board is expected to revisit the matter at its March meeting.
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