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The first games are scheduled to begin in April and could bring in more than $400 million annually in net profits. The money is supposed to go toward public school construction, efforts to reduce class sizes and expand pre-kindergarten, as well as need-based college scholarships.

Tom Vass, of North Carolina Students for Equitable Lottery Funding, says lawmakers need to fix what he calls a legislative oversight and dedicate a portion of funds to charter schools.

Nearly 100 charter schools in North Carolina serve about 30,000 students. They get state funds based on a per-pupil formula. Traditional public schools also receive local construction funds, but charter schools do not.