§ 115C-1. General and uniform system of schools.

A general and uniform system of free public schools shall be provided throughout the State, wherein equal opportunities shall be provided for all students, in accordance with the provisions of Article IX of the Constitution of North Carolina. Tuition shall be free of charge to all children of the State, and to every person of the State less than 21 years old, who has not completed a standard high school course of study. There shall be operated in every local school administrative unit a uniform school term of nine months, without the levy of a State ad valorem tax therefor.

History

(1955, c. 1372, art. 1, s. 1; 1963, c. 448, s. 24; 1971, c. 704, s. 1; c. 1231, s. 1; 1981, c. 423, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 21; 1985, c. 780, s. 1.)

Cross References. - As to the establishment of the School-Based Child and Family Team Initiative, see notes under G.S. 143B-366.

Local Modification. - (As to Chapter 115C) Cabarrus: 2000-87; (As to Chapter 115C) Caswell: 1987 (Reg. Sess., 1988), c. 1016, s. 12; Cumberland: 1991, c. 445; 1991, c. 445; 1991 (Reg. Sess., 1992), c. 810; Nash: 1989 (Reg. Sess., 1990), c. 903; city of Clinton: 1989 (Reg. Sess., 1990), c. 886; Durham City Board of Education: 1983 (Reg. Sess., 1984), c. 948; Kannapolis City School Administrative Unit: 1983 (Reg. Sess., 1984), c. 963; Monroe City Board of Education: 1985, c. 41; New Hanover County Board of Education: 1983, c. 573.

Transfer of Residential and Preschools for the Deaf and Blind. - Session Laws 2010-31, s. 10.21A(a)-(h), provides: "(a) The General Assembly finds that to improve the educational outcomes for students attending the State's residential schools for the deaf and blind, the State Board of Education shall assume administrative responsibility for the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, Governor Morehead School for the Blind, Early Intervention Services - Preschool, and Governor Morehead Preschool programs. Notwithstanding Part 3A of Article 3 of Chapter 143B of the General Statutes, effective June 1, 2011, the Office of Education Services within the Department of Health and Human Services is dissolved, and the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, Governor Morehead School for the Blind, Early Intervention Services - Preschool, and Governor Morehead Preschool programs within the Department of Health and Human Services, Office of Education Services, are transferred to the Department of Public Instruction. These transfers shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6. Upon transfer, the State Board of Education shall continue the salary supplements authorized by G.S. 143B-146.21, and in effect on June 1, 2011, for teachers, instructional support personnel, and school-based administrators in the residential schools and preschools.

"(b) The State Board of Education shall, in consultation with the Department of Health and Human Services, develop and implement a transition plan that addresses, at a minimum, each of the following:

"(1) Structural adjustments within the Department of Public Instruction.

"(2) Proposed staffing and operating requirements for the provision of appropriate oversight.

"(3) Collaboration with the Department of Health and Human Services in the provision of student health services, life skills/independent living services, and vocational instruction.

"(4) Continuation of educational support services, including curriculum/instructional support, monitoring/evaluation, and licensure, certification, and teacher evaluation assistance to remaining educational programs within the Department of Health and Human Services.

"(5) Targets for student achievement and recommended adjustments to instructional services at the residential schools to improve educational outcomes, including:

"a. End-of-grade (EOG) and end-of-course (EOC) test scores;

"b. Academic pathway graduation rates;

"c. Completion of postsecondary education; and

"d. Postgraduation employment.

"The State Board of Education shall submit the plan to the Joint Legislative Commission on Governmental Operations Subcommittee on Education/Health and Human Services, the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Education/Higher Education, the House of Representatives Appropriations Subcommittee on Education, and the Fiscal Research Division no later than December 1, 2010. The State Board of Education shall present the plan to the Joint Legislative Commission on Governmental Operations Subcommittee on Education/Health and Human Services at its subsequent meeting following submission of the plan.

"(c) The Secretary of the Department of Health and Human Services (Secretary) shall, in consultation with the Chair of the State Board of Education, appoint an interim superintendent within the Department of Health and Human Services to oversee operations of the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, Governor Morehead School for the Blind, Early Intervention Services - Preschool, and Governor Morehead Preschool programs no later than October 1, 2010. The interim superintendent shall report directly to the Secretary until a superintendent hired pursuant to subsection (e) of this section assumes administrative responsibility for the schools. The Secretary is authorized to use an existing, temporary position and funds appropriated in this act to the Department of Health and Human Services to support the activities of the interim superintendent. The Secretary shall not reclassify one of the positions designated for elimination in subsection (f) of this section to meet the requirements of this subsection.

"(d) No later than October 1, 2010, the State Board of Education shall establish a search committee to hire a superintendent to oversee the operations of the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, and Governor Morehead School for the Blind within the Department of Public Instruction. The search committee is charged with: (i) identifying prospective applicants and reviewing applications for the position of superintendent; and (ii) recommending qualified applicants to the State Board of Education no later than May 1, 2011. The search committee shall consist of the following:

"(1) The State Superintendent of Public Instruction, or designee.

"(2) The Chair of the State Board of Education, or designated member of the Board.

"(3) The Director of the North Carolina School for the Deaf, or designee.

"(4) The Director of the Eastern North Carolina School for the Deaf, or designee.

"(5) The Director of the Governor Morehead School for the Blind, or designee.

"(6) The Chair of the North Carolina Council for the Deaf and Hard of Hearing, or designee.

"(7) The Chair of the Consumer and Advocacy Committee for the Blind, or designee.

"(8) Two public members with professional expertise in the education of hearing and visually impaired students, appointed by the Governor.

"The Chair of the State Board of Education, or designated member of the Board, shall serve as chair of the search committee. A majority of the members constitutes a quorum. The Committee shall convene no later than November 1, 2010, and shall set its subsequent meeting schedule as determined by the members of the search committee. Members of the search committee shall serve on a voluntary basis, and vacancies shall be filled by the designating or appointing authority. The Department of Public Instruction shall provide requested professional and clerical support to the search committee. The search committee shall terminate no later than May 1, 2011, and make its final recommendations to the State Board of Education upon its termination.

"(e) The State Board of Education (Board) shall, in collaboration with the Office of State Personnel [now the Office of Human Resources], set the duties, recruitment standards, and classification for the position of Superintendent of the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, and Governor Morehead School for the Blind. The Department of Public Instruction shall create the position of superintendent from funds appropriated in this act. The Board shall provide public notice of the position no later than December 1, 2010. Upon considering the recommendations of the search committee, the Board shall hire a superintendent to assume oversight of the residential schools no later than June 1, 2011.

"(f) Effective October 1, 2010, the Office of Education Services' Central Administration and Exceptional Children Support programs are eliminated. The following positions shall be eliminated as part of this action:

"(1) Central Administration:

"a. Executive Assistant I - 60038894

"b. Administrative Off III - 60038895

"c. Business Officer - 60038896

"d. Superintendent Office of Education - 60038897

"e. W Personnel Director I - 60038898

"f. Purchasing Technician - 60038900

"g. School Administrator - 60038903

"h. School Administrator - 60038905

"(2) Exceptional Children Support:

"a. School Administrator - 60038901

"b. School Administrator - 60038902

"c. School Guidance Counselor - 60038904

"d. Human Services Clinical Counselor II - 60039190

"e. School Educator II - 60039306

"f. School Educator - 60039310

"g. Processing Assistant IV - 60039439

"(g) Effective October 1, 2010, the Resource Support, DHHS VI Outreach, and Deaf•lind statewide programs within the Office of Education Services (14424-1601) are transferred to the Department of Public Instruction, Exceptional Children Division. These transfers shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6. The following positions shall also be transferred as part of this action:

"(1) School Administrator - 60089692

"(2) School Educator I - 60039422

"(3) School Educator II - 60039420

"(4) School Educator I - 60039418

"(h) Effective for the 2010-2011 academic year, the Department of Health and Human Services shall reinstate the residential and instructional schedules for the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, and Governor Morehead School for the Blind that were in effect before February 8, 2010. Residential students shall have the opportunity to arrive at their respective schools on the evening of the day before commencement of academic instruction for the week. The Department of Health and Human Services shall also reinstate on-site summer school programming at these schools."

Citizens Schools Program Pilot. - Session Laws 2008-107, s. 10.17(p), provides: "The sum of six hundred thousand dollars ($600,000) appropriated under this section in the TANF block grant to the Department of Health and Human Services, Division of Social Services, for the 2008-2009 fiscal year shall be used to implement a Citizens Schools Program, a three-year urban/rural dropout prevention pilot program in the Durham and Vance county public school systems. The Citizens Schools Program provides high-quality, extended learning time for middle school students in schools with high percentages of minority students, poor students, or both, and students with other risk factors for dropping out and reduces the rate of teen pregnancy. Students in the Citizens Schools Program receive after-school instruction in groups of eight to 12 students per adult. The instruction includes: (i) 60 minutes of daily academic support with strong study skills and critical thinking components, (ii) four 11-week apprenticeships, using volunteers as leaders focusing on 21 st century skills, and (iii) career exploration and choice time to further explore a variety of interests. Citizens Schools Team Leaders contact each student's family by telephone at least every two weeks to discuss the student's participation and progress.

"North Carolina State University shall evaluate the program to ensure that the program is effectively helping students stay in school and successfully graduate in their four-year cohort. The evaluation shall include a long-term study of the graduation cohort rate increase as well as short-term measures, including attendance, grade point average, discipline, the program dropout rate, credits earned, and postsecondary education matriculation. Not later than January 1, 2009, North Carolina State University shall report to the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division on the results of its evaluation."

Agriscience and Biotechnology Regional School Planning Commission. - Session Laws 2010-183, s. 1, provides: "There is established the Agriscience and Biotechnology Regional School Planning Commission. The purpose of the Commission shall be to develop and plan a regional school of agriscience and biotechnology. The Commission shall be located administratively in the Department of Public Instruction but shall exercise its powers and duties independently of the Department of Public Instruction. The Department of Public Instruction shall provide for the administrative costs of the Commission and shall provide staff to the Commission."

Session Laws 2010-183, s. 2, provides: "The Commission shall consist of up to nine members appointed by the chair of the State Board of Education. Appointments shall be made no later than September 1, 2010."

Session Laws 2010-183, s. 3, provides: "The Agriscience and Biotechnology Regional School Planning Commission shall develop a plan for a regional school of agriscience and biotechnology and shall ensure that the model is replicable, sustainable, and scaleable. In the development of its plan, the Commission shall:

"(1) Consider the regional school's governance, funding for operational and capital needs, personnel, admissions and assignment of students, transportation, school food services, and other issues the Commission deems relevant.

"(2) Solicit proposals from interested regions seeking to host the school and identify a location for the regional school.

"(3) Identify potential business partners for the regional school.

"(4) Consult with North Carolina State University and the NC Research Campus and establish connections between those institutions and the regional school."

Session Laws 2010-183, s. 4, provides: "The Agriscience and Biotechnology Regional School Planning Commission shall report on its recommended plan to the State Board of Education, the Joint Legislative Joining Our Businesses and Schools (JOBS) Study Commission, and the Joint Legislative Education Oversight Committee by January 1, 2011."

NC Virtual Public Schools Program. - Session Laws 2011-145, s. 7.22(a), (b), and (d)-(k), as amended by Session Laws 2012-142, s. 7.12, as amended by Session Laws 2013-360, s. 8.9(a), as amended by Session Laws 2014-115, s. 88, and as amended by Session Laws 2017-173, s. 6(a), provides: "(a) The North Carolina Virtual Public School (NCVPS) program shall report to the State Board of Education and shall maintain an administrative office at the Department of Public Instruction.

"(b) The Director of NCVPS shall ensure that students residing in rural and low-wealth county local school administrative units have access to e-learning course offerings in order to expand available instructional opportunities. E-learning instructional opportunities shall include courses required as part of the standard course of study for high school graduation and AP offerings not otherwise available.

"(d) The State Board of Education shall take the following steps to implement an allotment formula for NCVPS beginning with the 2011-2012 school year:

"(1) Project NCVPS student enrollment by semester and year-long course types for each local school administrative unit and charter school.

"(2) Establish a per course teacher payment structure for the instructional costs of NCVPS. In establishing this payment structure, the Board shall consider the following:

"a. The payment structure is based on a total compensation analysis to ensure NCVPS teacher pay has parity with similar programs. The total compensation analysis shall take into account salaries, benefits, and work effort to ensure valid comparisons between occupations.

"b. The effects any change in NCVPS teacher payments may have on the attraction and retention of NCVPS teachers.

"(3) Develop a per student fee structure for in-State students that is based on the per course teacher pay structure. The fee structure for in-State students shall ensure that the projected cost for local school administrative units and charter schools equals the projected instructional cost for NCVPS courses.

"(4) Multiply the per course fees for in-State students by the projected enrollment by course type to determine the total instructional cost for each local school administrative unit and charter school.

"(5) Transfer a dollar amount equal to seventy-five percent (75%) of the local school administrative unit's or charter school's projected instructional cost from the classroom teacher allotment to NCVPS.

"(6) Repealed by Session Laws 2013-360, s. 8.9(a), effective July 1, 2013.

"(7) Subtract the amount transferred pursuant to subdivision (5) of this subsection from the actual instructional cost for each unit or charter school and transfer the remaining dollar amount owed, up to a maximum of one hundred percent (100%) of the projected cost.

"(8) Develop and implement a policy regarding returning funds to local school administrative units and charter schools in cases where the amount transferred pursuant to subdivision (5) of this subsection exceeds the actual instructional costs.

"NCVPS shall use funds transferred to it to provide the NCVPS program at no cost to all students in North Carolina who are enrolled in North Carolina's public schools, Department of Defense schools, and schools operated by the Bureau of Indian Affairs.

"(e) In establishing the fee structure and payment structure for NCVPS, the State Board shall consider recommendations from the eLearning Commission and the NCVPS Advisory Board.

"(f) The State Board shall establish a separate per student tuition for out-of-state students, home-schooled students, and private school students, which shall be adjusted upward from the in-State student fee structure by an amount determined appropriate by the State Board.

"(g) The Board shall direct NCVPS to develop a plan to generate revenue from the sale of courses to out-of-state educational entities. Revenue generated by NCVPS shall be used to offset instructional costs to local school administrative units and charter schools. NCVPS shall submit its plan to the Board by September 15, 2011.

"(h) Beginning in 2011, the Director of NCVPS shall submit an annual report on NCVPS to the State Board of Education no later than December 15 of each year. The report shall use data from the previous fiscal year and shall include statistics on actual versus projected costs to local school administrative units and charter schools, student enrollment, virtual teacher salaries, and measures of academic achievement.

"The Director of NCVPS shall continue to ensure the following:

"(1) Course quality standards are established and met for courses developed by NCVPS.

"(2) Repealed by Session Laws 2017-173, s. 6(a).

"(3) All courses offered through NCVPS are aligned to the North Carolina Standard Course of Study.

"(i) The State Board of Education shall reduce each local school administrative unit's or charter school's classroom teacher allotment, or other allotment, as determined by the State Board of Education, on the basis of ADM in grades 6-12 to provide the sum of two million eight hundred sixty-six thousand nine hundred twenty-three dollars ($2,866,923) for the State-level operations and administration of NCVPS for the 2011-2012 fiscal year. The allotment reduction for State-level operations and administration shall continue in future fiscal years and be adjusted annually based upon the percentage growth in NCVPS enrollment, ensuring the expansion of services due to increased virtual student enrollment.

"(j) For fiscal year 2011-2012, the State Board of Education shall reduce each local school administrative unit's or charter school's classroom teacher allotment, or other allotment, as determined by the State Board of Education, on the basis of ADM in grades 6-12 to provide the sum of two million dollars ($2,000,000) in order to create an NCVPS enrollment reserve. The NCVPS enrollment reserve shall be used to cover the NCVPS instructional costs of local school administrative units or charter schools with enrollments exceeding projected NCVPS enrollment.

"Beginning in fiscal year 2012-2013, and annually thereafter, the State Board of Education shall reduce each local school administrative unit's or charter school's classroom teacher allotment, or other allotment, as determined by the State Board of Education, on the basis of ADM in grades 6-12 an amount that is the difference between two million dollars ($2,000,000) and the balance of the NCVPS enrollment reserve.

"Amounts available in the NCVPS enrollment reserve shall not revert.

"(k) The only funds that may be used for the instructional costs of NCVPS are the following:

"(1) Funds provided through the North Carolina Virtual Public Schools Allotment Formula.

"(2) Funds provided through the NCVPS enrollment reserve as set forth in this section.

"(3) Local funds.

"(4) Federal funds.

"(5) Special State Reserve Funds for Children and Youth with Disabilities.

"(6) ADM Contingency Reserve."

For similar prior provisions, see Session Laws 2005-276, s. 7.41(a)-(e).

Transfer of Summer Food Service Program to Department of Public Instruction. - Session Laws 2014-100, s. 12E.9(a), provides: "The North Carolina Summer Food Service Program is hereby transferred from the Department of Health and Human Services, Division of Public Health, to the Department of Public Instruction, by a Type I transfer, as defined in G.S. 143A-6."

Pilot Program for Integrated Community-Based Adapted Sports Program for K-12 Students with Disabilities. - Session Laws 2015-291, s. 3, effective July 1, 2015, provides: "Of the funds appropriated to the Department of Public Instruction or State Aid for Public Schools for the 2015-2017 fiscal biennium, the Department may use up to three hundred thousand dollars ($300,000) each fiscal year to develop and implement a pilot program for an integrated community-based adapted sports program for students with disabilities in grades kindergarten through 12. If the Department uses funds for this purpose, the pilot program shall be consistent with the 'Dear Colleague' letter addressing equal access to extracurricular athletics for students with disabilities released by the U.S. Department of Education, Office for Civil Rights, on January 25, 2013. The pilot program shall also include specific strategies to overcome barriers to the participation of students with disabilities in extracurricular athletics and incorporate a philosophy of personal empowerment for those students. The pilot program may be conducted in one or more local school administrative units and provide for collaboration with universities and community colleges and other community organizations to achieve the purposes of the program."

Participation in Investing in Innovation Grants. - Session Laws 2015-241, s. 8.27(b)-(d), as amended by 2015-268, s. 3.1, provides: "(b) The federal Investing in Innovation Fund Grant: Validating Early College Strategies for Traditional Comprehensive High Schools awarded to the North Carolina New Schools Project for 2012-2020 requires students to enroll in a community college course in the tenth grade. Notwithstanding any other provision of law, specified local school administrative units may offer one community college course to participating sophomore (tenth grade) students. Participating local school administrative units are Alleghany, Beaufort, Bladen, Duplin, Hertford, Harnett, Jones, Madison, Martin, Richmond, Rutherford, Scotland, Surry, Warren, and Yancey County Schools.

"(c) Grant funds shall be used to pay for all costs incurred by the local school administrative units and the community college partners to implement the grant, including community college FTE. Community colleges shall not earn budget FTE for student course enrollments under this grant, unless the student course enrollment is otherwise authorized as provided in G.S. 115D-20(4)a., as amended by this act.

"(d) Research conducted as part of the federal grant program under subsection (a) of this section shall address the effects of early college strategies in preparing students for college completion. The North Carolina New Schools Project shall report on the implementation of the grant to the State Board of Education, State Board of Community Colleges, Office of the Governor, and the Joint Legislative Education Oversight Committee no later than March 15, 2016, and annually thereafter until the end of the grant period."

Session Laws 2015-241, s. 8.27(a) repealed Session Laws 2013-360, s. 8.25, as amended by Session Laws 2014-100, s. 8.27, containing the former prior provisions.

Use of Supplemental Funding in Low-Wealth Counties. - Session Laws 2017-57, s. 7.3(a)-(k), as amended by Session Laws 2017-197, s. 2.19, and Session Laws 2018-5, s. 7.3, provides: "(a) Use of Funds for Supplemental Funding. - All funds received pursuant to this section shall be used only (i) to provide instructional positions, instructional support positions, teacher assistant positions, clerical positions, school computer technicians, instructional supplies and equipment, staff development, and textbooks and digital resources and (ii) for salary supplements for instructional personnel and instructional support personnel. Local boards of education are encouraged to use at least twenty-five percent (25%) of the funds received pursuant to this section to improve the academic performance of children who are performing at Level I or II on either reading or mathematics end-of-grade tests in grades three through eight.

"(b) Definitions. - As used in this section, the following definitions apply:

"(1) Anticipated county property tax revenue availability. - The county-adjusted property tax base multiplied by the effective State average tax rate.

"(2) Anticipated total county revenue availability. - The sum of the following:

"a. Anticipated county property tax revenue availability.

"b. Local sales and use taxes received by the county that are levied under Chapter 1096 of the 1967 Session Laws or under Subchapter VIII of Chapter 105 of the General Statutes.

"c. Fines and forfeitures deposited in the county school fund for the most recent year for which data are available.

"(3) Anticipated total county revenue availability per student. - The anticipated total county revenue availability for the county divided by the average daily membership of the county.

"(4) Anticipated State average revenue availability per student. - The sum of all anticipated total county revenue availability divided by the average daily membership for the State.

"(5) Average daily membership. - Average daily membership as defined in the North Carolina Public Schools Allotment Policy Manual adopted by the State Board of Education. If a county contains only part of a local school administrative unit, the average daily membership of that county includes all students who reside within the county and attend that local school administrative unit.

"(6) County-adjusted property tax base. - Computed as follows:

"a. Subtract the present-use value of agricultural land, horticultural land, and forestland in the county, as defined in G.S. 105-277.2, from the total assessed real property valuation of the county.

"b. Adjust the resulting amount by multiplying by a weighted average of the three most recent annual sales assessment ratio studies.

"c. Add to the resulting amount the following:

"1. Present-use value of agricultural land, horticultural land, and forestland, as defined in G.S. 105-277.2.

"2. Value of property of public service companies, determined in accordance with Article 23 of Chapter 105 of the General Statutes.

"3. Personal property value for the county.

"(7) County-adjusted property tax base per square mile. - The county-adjusted property tax base divided by the number of square miles of land area in the county.

"(8) County wealth as a percentage of State average wealth. - Computed as follows:

"a. Compute the percentage that the county per capita income is of the State per capita income and weight the resulting percentage by a factor of five-tenths.

"b. Compute the percentage that the anticipated total county revenue availability per student is of the anticipated State average revenue availability per student and weight the resulting percentage by a factor of four-tenths.

"c. Compute the percentage that the county-adjusted property tax base per square mile is of the State-adjusted property tax base per square mile and weight the resulting percentage by a factor of one-tenth.

"d. Add the three weighted percentages to derive the county wealth as a percentage of the State average wealth.

"(9) Effective county tax rate. - The actual county tax rate multiplied by a weighted average of the three most recent annual sales assessment ratio studies.

"(10) Effective State average tax rate. - The average of effective county tax rates for all counties.

"(11) Local current expense funds. - The most recent county current expense appropriations to public schools, as reported by local boards of education in the audit report filed with the Secretary of the Local Government Commission pursuant to G.S. 115C-447.

"(12) Per capita income. - The average for the most recent three years for which data are available of the per capita income according to the most recent report of the United States Department of Commerce, Bureau of Economic Analysis, including any reported modifications for prior years as outlined in the most recent report.

"(13) Sales assessment ratio studies. - Sales assessment ratio studies performed by the Department of Revenue under G.S. 105-289(h).

"(14) State average adjusted property tax base per square mile. - The sum of the county-adjusted property tax bases for all counties divided by the number of square miles of land area in the State.

"(15) State average current expense appropriations per student. - The most recent State total of county current expense appropriations to public schools, as reported by local boards of education in the audit report filed with the Secretary of the Local Government Commission pursuant to G.S. 115C-447.

"(16) Supplant. - To decrease local per student current expense appropriations from one fiscal year to the next fiscal year.

"(17) Weighted average of the three most recent annual sales assessment ratio studies. - The weighted average of the three most recent annual sales assessment ratio studies in the most recent years for which county current expense appropriations and adjusted property tax valuations are available. If real property in a county has been revalued one year prior to the most recent sales assessment ratio study, a weighted average of the two most recent sales assessment ratios shall be used. If property has been revalued the year of the most recent sales assessment ratio study, the sales assessment ratio for the year of revaluation shall be used.

"(c) Eligibility for Funds. - Except as provided in subsection (g) of this section, the State Board of Education shall allocate these funds to local school administrative units located in whole or in part in counties in which the county wealth as a percentage of the State average wealth is less than one hundred percent (100%).

"(d) Allocation of Funds. - Except as provided in subsection (f) of this section, the amount received per average daily membership for a county shall be the difference between the State average current expense appropriations per student and the current expense appropriations per student that the county could provide given the county's wealth and an average effort to fund public schools. To derive the current expense appropriations per student that the county could be able to provide given the county's wealth and an average effort to fund public schools, multiply the county's wealth as a percentage of State average wealth by the State average current expense appropriations per student. The funds for the local school administrative units located in whole or in part in the county shall be allocated to each local school administrative unit located in whole or in part in the county based on the average daily membership of the county's students in the school units. If the funds appropriated for supplemental funding are not adequate to fund the formula fully, each local school administrative unit shall receive a pro rata share of the funds appropriated for supplemental funding.

"(e) Formula for Distribution of Supplemental Funding Pursuant to This Section Only. - The formula in this section is solely a basis for distribution of supplemental funding for low-wealth counties and is not intended to reflect any measure of the adequacy of the educational program or funding for public schools. The formula is also not intended to reflect any commitment by the General Assembly to appropriate any additional supplemental funds for low-wealth counties.

"(f) Minimum Effort Required. - A county shall receive full funding under this section if the county (i) maintains an effective county tax rate that is at least one hundred percent (100%) of the effective State average tax rate in the most recent year for which data are available or (ii) maintains a county appropriation per student to the school local current expense fund of at least one hundred percent (100%) of the current expense appropriations per student to the school local current expense fund that the county could provide given the county's wealth and an average effort to fund public schools. A county that maintains a county appropriation per student to the school local current expense fund of less than one hundred percent (100%) of the current expense appropriations per student to the school local current expense fund that the county could provide given the county's wealth and an average effort to fund public schools shall receive funding under this section at the same percentage that the county's appropriation per student to the school local current expense fund is of the current expense appropriations per student to the school local current expense fund that the county could provide given the county's wealth and an average effort to fund public schools.

"(g) Nonsupplant Requirement. - A county in which a local school administrative unit receives funds under this section shall use the funds to supplement local current expense funds and shall not supplant local current expense funds. For the 2017-2019 fiscal biennium, the State Board of Education shall not allocate funds under this section to a county found to have used these funds to supplant local per student current expense funds. The State Board of Education shall make a finding that a county has used these funds to supplant local current expense funds in the prior year, or the year for which the most recent data are available, if all of the following criteria apply:

"(1) The current expense appropriations per student of the county for the current year is less than ninety-five percent (95%) of the average of local current expense appropriations per student for the three prior fiscal years.

"(2) The county cannot show (i) that it has remedied the deficiency in funding or (ii) that extraordinary circumstances caused the county to supplant local current expense funds with funds allocated under this section.

"The State Board of Education shall adopt rules to implement the requirements of this subsection.

"(h) Counties Containing a Base of the Armed Forces. - Notwithstanding any other provision of this section, for the 2017-2018 fiscal year, a county containing a base of the Armed Forces of the United States that has an average daily membership of more than 23,000 students shall receive whichever is the higher amount in the 2017-2018 fiscal year as follows: either the amount of supplemental funding the county received as a low-wealth county in the 2012-2013 fiscal year or the amount of supplemental funding the county is eligible to receive as a low-wealth county pursuant to the formula for distribution of supplemental funding under the other provisions of this section.

"Notwithstanding any other provision of this section, for the 2018-2019 fiscal year, counties containing a base of the Armed Forces of the United States that have an average daily membership of more than 17,000 students shall receive whichever is the higher amount in the 2018-2019 fiscal year as follows: either the amount of supplemental funding the county received as a low-wealth county in the 2012-2013 fiscal year or the amount of supplemental funding the county is eligible to receive as a low-wealth county pursuant to the formula for distribution of supplemental funding under the other provisions of this section.

"(i) Funds for EVAAS Data. - Notwithstanding the requirements of subsection (a) of this section, local school administrative units may utilize funds allocated under this section to purchase services that allow for extraction of data from the Education Value-Added Assessment System (EVAAS).

"(j) Reports. - For the 2017-2019 fiscal biennium, the State Board of Education shall report to the Fiscal Research Division prior to May 15 of each year if it determines that counties have supplanted funds.

"(k) Department of Revenue Reports. - The Department of Revenue shall provide to the Department of Public Instruction a preliminary report for the current fiscal year of the assessed value of the property tax base for each county prior to March 1 of each year and a final report prior to May 1 of each year. The reports shall include for each county the annual sales assessment ratio and the taxable values of (i) total real property, (ii) the portion of total real property represented by the present-use value of agricultural land, horticultural land, and forestland, as defined in G.S. 105-277.2, (iii) property of public service companies determined in accordance with Article 23 of Chapter 105 of the General Statutes, and (iv) personal property."

For similar prior provisions, see Session Laws 1999-237, s. 8.5(a)-(j), Session Laws 2001-424, s. 28.6(a)-(j), Session Laws 2003-284, s. 7.6(a)-(j), Session Laws 2005-276, s. 7.6(a)-(j), Session Laws 2007-323, s. 7.6(a)-(j), Session Laws 2009-451, s. 7.3(a)-(i), Session Laws 2011-145, s. 7.4(a)-(i), Session Laws 2013-360, s. 8.3(a)-(k), as amended by Session Laws 2013-363, s. 3.19, Session Laws 2014-115, s. 92, and Session Laws 2015-241, s. 8.3(a)-(k).

Small School System Supplemental Funding. - Session Laws 2017-57, s. 7.4(a)-(f), as amended by Session Laws 2018-5, s. 7.4, provides: "(a) Allotment Schedule for the 2017-2018 Fiscal Year. - Except as otherwise provided in subsection (d) of this section, each eligible county school administrative unit shall receive a dollar allotment according to the following schedule:

Allotted ADM Small County Allotment

0-600 $1,710,000

601-1,300 $1,820,000

1,301-1,700 $1,548,700

1,701-2,000 $1,600,000

2,001-2,300 $1,560,000

2,301-2,600 $1,470,000

2,601-2,800 $1,498,000

2,801-3,200 $1,548,000

"(a1) Allotment Schedule for the 2018-2019 Fiscal Year. - Except as otherwise provided in subsection (d) of this section, each eligible county school administrative unit shall receive a dollar allotment according to the following schedule:

Allotted ADM Small County Allotment

0-600 $1,710,000

601-1,300 $1,820,000

1,301-1,700 $1,548,700

1,701-2,000 $1,600,000

2,001-2,300 $1,560,000

2,301-2,600 $1,470,000

2,601-2,800 $1,498,000

2,801-3,300 $1,548,000

"(b) Phase-Out Provision for the 2017-2018 Fiscal Year. - If a local school administrative unit becomes ineligible for funding under the schedule in subsection (a) of this section in the 2017-2018 fiscal year, funding for that unit shall be phased out over a five-year period. Funding for such local school administrative units shall be reduced in equal increments in each of the five years after the unit becomes ineligible. Funding shall be eliminated in the fifth fiscal year after the local school administrative unit becomes ineligible.

"Allotments for eligible local school administrative units under this subsection shall not be reduced by more than twenty percent (20%) of the amount received in fiscal year 2016-2017 in any fiscal year. A local school administrative unit shall not become ineligible for funding if either the highest of the first two months total projected average daily membership for the current year or the higher of the first two months total prior year average daily membership would otherwise have made the unit eligible for funds under the schedule in subsection (a) of this section.

"(c) Phase-Out Provision for the 2018-2019 Fiscal Year. - If a local school administrative unit becomes ineligible for funding under the schedule in subsection (a1) of this section in the 2018-2019 fiscal year, funding for that unit shall be phased out over a five-year period. Funding for such local school administrative units shall be reduced in equal increments in each of the five years after the unit becomes ineligible. Funding shall be eliminated in the fifth fiscal year after the local administrative unit becomes ineligible.

"Allotments for eligible local school administrative units under this subsection shall not be reduced by more than twenty percent (20%) of the amount received in fiscal year 2017-2018 in any fiscal year. A local school administrative unit shall not become ineligible for funding if either the highest of the first two months total projected average daily membership for the current year or the higher of the first two months total prior year average daily membership would otherwise have made the unit eligible for funds under the schedule in subsection (a1) of this section.

"(d) Nonsupplant Requirement for the 2017-2019 Fiscal Biennium. - A county in which a local school administrative unit receives funds under this section shall use the funds to supplement local current expense funds and shall not supplant local current expense funds. For the 2017-2019 fiscal biennium, the State Board of Education shall not allocate funds under this section to a county found to have used these funds to supplant local per student current expense funds. The State Board of Education shall make a finding that a county has used these funds to supplant local current expense funds in the prior year or the year for which the most recent data are available, if all of the following criteria apply:

"(1) The current expense appropriation per student of the county for the current year is less than ninety-five percent (95%) of the average of local current expense appropriation per student for the three prior fiscal years.

"(2) The county cannot show (i) that it has remedied the deficiency in funding or (ii) that extraordinary circumstances caused the county to supplant local current expense funds with funds allocated under this section.

"The State Board of Education shall adopt rules to implement the requirements of this subsection.

"(e) Reports. - For the 2017-2019 fiscal biennium, the State Board of Education shall report to the Fiscal Research Division prior to May 15 of each fiscal year if it determines that counties have supplanted funds.

"(f) Use of Funds. - Local boards of education are encouraged to use at least twenty percent (20%) of the funds they receive pursuant to this section to improve the academic performance of children who are performing at Level I or II on either reading or mathematics end-of-grade tests in grades three through eight.

"Local school administrative units may also utilize funds allocated under this section to purchase services that allow for extraction of data from the Education Value-Added Assessment System (EVAAS)."

For similar prior provisions, see Session Laws 1993, c. 561, s. 52(b), Session Laws 1999-237, s. 8.6(a), as amended by Session Laws 2000-67, s. 8.25, Session Laws 2001-424, s. 28.7(a)-(f), Session Laws 2003-284, s. 7.7(a)-(f), as amended by Session Laws 2004-124, s. 7.9A, Session Laws 2005-276, s. 7.7(a)-(f), Session Laws 2007-323, s. 7.7(a)-(f), as modified by Session Laws 2008-107, s. 7.20, Session Laws 2009-575, s. 3M(a), as amended by Session Laws 2010-451, s. 7.4(a)-(f), Session Laws 2011-145, s. 7.12(a)-(i), and Session Laws 2013-360, s. 8.4(a)-(j), as amended by Session Laws 2013-363, s. 3.11, as amended by Session Laws 2014-100, s. 8.4, and as amended by Session Laws 2014-115, s. 93, and Session Laws 2015-241, s. 8.4(a)-(f), as amended by Session Laws 2016-94, s. 8.4.

Disadvantaged Student Supplemental Funding (DSSF). - Session Laws 2017-57, s. 7.5(a)-(c), provides: "(a) Funds appropriated in this act for disadvantaged student supplemental funding shall be used, consistent with the policies and procedures adopted by the State Board of Education, only to do the following:

"(1) Provide instructional positions or instructional support positions.

"(2) Provide professional development.

"(3) Provide intensive in-school or after-school remediation, or both.

"(4) Purchase diagnostic software and progress-monitoring tools.

"(5) Provide funds for teacher bonuses and supplements. The State Board of Education shall set a maximum percentage of the funds that may be used for this purpose.

"The State Board of Education may require local school administrative units receiving funding under the Disadvantaged Student Supplemental Fund to purchase the Education Value-Added Assessment System (EVAAS) in order to provide in-depth analysis of student performance and help identify strategies for improving student achievement. This data shall be used exclusively for instructional and curriculum decisions made in the best interest of children and for professional development for their teachers and administrators.

"(b) Disadvantaged student supplemental funding (DSSF) shall be allotted to a local school administrative unit based on (i) the unit's eligible DSSF population and (ii) the difference between a teacher-to-student ratio of 1:21 and the following teacher-to-student ratios:

"(1) For counties with wealth greater than ninety percent (90%) of the statewide average, a ratio of 1:19.9.

"(2) For counties with wealth not less than eighty percent (80%) and not greater than ninety percent (90%) of the statewide average, a ratio of 1:19.4.

"(3) For counties with wealth less than eighty percent (80%) of the statewide average, a ratio of 1:19.1.

"(4) For local school administrative units receiving DSSF funds in fiscal year 2005-2006, a ratio of 1:16. These local school administrative units shall receive no less than the DSSF amount allotted in fiscal year 2006-2007.

"For the purpose of this subsection, wealth shall be calculated under the low-wealth supplemental formula as provided for in this act.

"(c) If a local school administrative unit's wealth increases to a level that adversely affects the unit's disadvantaged student supplemental funding (DSSF) allotment ratio, the DSSF allotment for that unit shall be maintained at the prior year level for one additional fiscal year."

For similar prior provisions, see Session Laws 2005-276, s. 7.8(a)-(c), as amended by Session Laws 2006-66, s. 7.10; Session Laws 2007-323, s. 7.8(a)-(d), as amended by Session Laws 2008-107, s. 7.9; Session Laws 2011-145, s. 7.8(a)-(c); and Session Laws 2013-360, s. 8.5(a)-(c); and Session Laws 2015-241, s. 8.5(a)-(c).

Joint Legislative Task Force On Education Finance Reform - Session Laws 2017-57, s. 7.23D(a)-(f), as amended by Session Laws 2018-5, s. 7.10, provides: "(a) There is created the Joint Legislative Task Force on Education Finance Reform (Task Force).

"(b) The Task Force shall consist of nine members of the Senate appointed by the President Pro Tempore of the Senate and nine members of the House of Representatives appointed by the Speaker of the House of Representatives. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each appoint a cochair of the Task Force from among its membership. These appointments shall be made no later than September 1, 2017.

"It is expected that the makeup of the Task Force reflect geographic and urban/rural diversity. At least one member of the House of Representatives and at least one member of the Senate shall be from the minority party of their respective chambers.

"(c) In consultation with the State Board of Education and the Department of Public Instruction, the Task Force shall study various weighted student formula funding models and develop a new funding model for the elementary and secondary public schools of North Carolina based on a weighted student formula. As a part of this process, the Task Force shall do all of the following:

"(1) Review the State's current public school allotment system and undertake an in-depth study of various types of weighted student formula funding models. In its study, the Task Force is encouraged to consider models used by other states.

"(2) Determine the base amount of funds that must be distributed on a per student basis to cover the cost of educating a student in the State.

"(3) Identify the student characteristics eligible for weighted funding and the associated weights for each of these characteristics.

"(4) Resolve the extent to which the base amount of funds to be distributed would be adjusted based on the characteristics of each local school administrative unit.

"(5) Decide which funding elements, if any, would remain outside the base of funds to be distributed under a weighted student formula.

"(6) Study other funding models for elementary and secondary public schools, including public charter schools, in addition to the weighted student funding formula.

"(7) Study funding models to provide children with disabilities with a free appropriate public education. This shall include a consideration of economies of scale, the advisability and practicality of capping additional funding for children with disabilities, and additional costs associated with services required for particular disabilities.

"(8) Study any other issue the Task Force considers relevant.

"(d) The Task Force shall meet upon the call of its cochairs. A quorum of the Task Force is a majority of its members. No action may be taken except by a majority vote at a meeting at which a quorum is present. The Task Force, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4. The Task Force may contract for professional, clerical, or consultant services, as provided by G.S. 120-32.02. If the Task Force hires a consultant, the consultant shall not be a State employee or a person currently under contract with the State to provide services. Members of the Task Force shall receive per diem, subsistence, and travel allowance as provided in G.S. 120-3.1. The expenses of the Task Force shall be considered expenses incurred for the joint operation of the General Assembly.

"(e) The Legislative Services Officer shall assign professional and clerical staff to assist the Task Force in its work. The Director of Legislative Assistants of the House of Representatives and the Director of Legislative Assistants of the Senate shall assign clerical support to the Task Force.

"(f) Meetings of the Task Force shall begin no later than October 1, 2017. The Task Force shall submit a final report on the results of its study and development, including proposed legislation, to the Joint Legislative Education Oversight Committee on or before October 1, 2019, by filing a copy of the report with the Office of the President Pro Tempore of the Senate, the Office of the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Legislative Library. The Task Force shall terminate on October 1, 2019, or upon the filing of its final report, whichever comes first."

Editor's Note. - This Chapter is former Chapter 115, as rewritten by Session Laws 1981, c. 423, s. 1, and recodified. Where appropriate, the historical citations to the sections in the former Chapter have been added to corresponding sections in the Chapter as rewritten and recodified.

Session Laws 2008-107, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2008'."

Session Laws 2008-107, s. 30.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2008-2009 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2008-2009 fiscal year."

Session Laws 2008-107, s. 30.5, is a severability clause.

Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'."

Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year."

Session Laws 2010-31, s. 32.6, is a severability clause.

Session Laws 2011-145, s. 7.25(a)-(d), as amended by Session Laws 2012-142, s. 7.8(a), provides: "(a) Repealed by Session Laws 2012-142, s. 7.8(a).

"(b) The Department of Public Instruction shall ensure that the residential and instructional schedules for the residential schools that were in effect before February 8, 2010, shall remain in effect unless the General Assembly approves a material change to the instructional week. Residential students shall have the opportunity to arrive at their respective schools on the evening of the day before commencement of academic instruction for the week. The Department shall also maintain summer school programming at the residential schools in substantially the same manner as in prior years and shall make no material changes to summer school programming without the approval of the General Assembly.

"(c) The Department of Public Instruction may create a principal position at each residential school not currently assigned a principal position from funds appropriated in this act for the residential schools.

"(d) The position of superintendent for the residential schools within the Department of Public Instruction is eliminated. The Department shall designate one of the directors of the residential schools to serve as the superintendent for the residential schools. Of funds previously appropriated to the Department for the position of superintendent for the residential schools, the sum of twenty thousand dollars ($20,000) shall be used to supplement the salary of the director who also serves as superintendent of residential schools. The remaining funds shall be used to offset other reductions to the residential schools made in this act."

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'"

Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium."

Session Laws 2011-145, s. 32.5, is a severability clause.

Session Laws 2012-142, s. 7A.10(a), provides: "Each local board of education may develop a plan of performance pay for all licensed personnel employed by the local board. Under the performance pay plan, licensed employees should be eligible to receive bonuses or adjustments to base salary for meeting certain performance criteria. Criteria for award of bonuses or adjustments to base salary should include, but are not limited to, the following factors:

"(1) Annual growth in student achievement of students assigned to a teacher's classroom, when applicable.

"(2) Annual growth in student achievement of students assigned to a specific school.

"(3) Assignment of additional academic responsibilities.

"(4) Assignment to a hard-to-staff school.

"(5) Assignment to a hard-to-staff subject area.

"Local boards of education who have developed a plan shall submit plans to the State Board of Education no later than March 1, 2013. The State Board of Education shall report on these plans and the achievement-based compensation models developed as part of the federal Race to the Top grant and shall submit the report and all plans to the Fiscal Research Division, the Joint Legislative Commission on Governmental Operations, and the respective Subcommittees on Education Appropriations of the Senate and House of Representatives no later than April 15, 2013. Members of the public may also submit plans for performance pay no later than April 15, 2013, to the Fiscal Research Division, the Joint Legislative Commission on Governmental Operations, and the respective Subcommittees on Education Appropriations of the Senate and House of Representatives."

Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'"

Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year."

Session Laws 2012-142, s. 27.7, is a severability clause.

Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'"

Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year."

Session Laws 2014-100, s. 38.7, is a severability clause.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2016-126, 4th Ex. Sess., s. 41.1(a), as amended by Session Laws 2018-97, s. 2.4(a), provides: "The Center for Safer Schools is hereby moved to the Department of Public Instruction. This transfer shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6."

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'"

Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year."

Session Laws 2018-5, s. 39.7, is a severability clause.

Legal Periodicals. - For article, "Looking to the Future: Legal and Policy Options for Racially Integrated Education in the South and the Nation: The Future is Now: Legal and Policy Options for Racially Integrated Education," see 88 N.C. L. Rev. 713 (2010).

For article, "Looking to the Future: Legal and Policy Options for Racially Integrated Education in the South and the Nation: Racially Integrated Education and the Role of the Federal Government," see 88 N.C. L. Rev. 725 (2010).

For article, "Looking to the Future: Legal and Policy Options for Racially Integrated Education in the South and the Nation: Resurrecting the Promise of Brown: Understanding and Remedying How the Supreme Court Reconstitutionalized Segregated Schools," see 88 N.C. L. Rev. 787 (2010).

For article, "Looking to the Future: Legal and Policy Options for Racially Integrated Education in the South and the Nation: After Unitary Status: Examining Voluntary Integration Strategies for Southern School Districts," see 88 N.C. L. Rev. 877 (2010).

For article, "Looking to the Future: Legal and Policy Options for Racially Integrated Education in the South and the Nation: Pursuing Educational Opportunities for Latino/a Students," see 88 N.C. L. Rev. 911 (2010).

For article, "Looking to the Future: Legal and Policy Options for Racially Integrated Education in the South and the Nation: Integrated Education and Mathematics Outcomes: A Synthesis of Social Science Research," see 88 N.C. L. Rev. 993 (2010).

For article, "Looking to the Future: Legal and Policy Options for a Racially Integrated Education in the South and the Nation: Altering Grade Configurations in Virginia Schools: Reducing School Segregation Without Necessarily Considering Race in Light of the Parents Involved Ruling," see 88 N.C. L. Rev. 1091 (2010).

For article, "Looking to the Future: Legal and Policy Options for a Racially Integrated Education in the South and the Nation: Still Swimming Against the Resegregation Tide? A Suburban Southern School District in the Aftermath of Parents Involved," see 88 N.C. L. Rev. 1145 (2010).

For article, "Privatizing the Public Good: Emerging Trends in K-16 Education: The Government Speech Doctrine and Speech in Schools," see 48 Wake Forest L. Rev. 2 (2013).

For article, "Privatizing the Public Good: Emerging Trends in K-16 Education: The High Cost of Education Federalism," see 48 Wake Forest L. Rev. 287 (2013).

For article, "Privatizing the Public Good: Emerging Trends in K-16 Education: For-Profits and the Market Paradox," see 48 Wake Forest L. Rev. 333 (2013).

For article, "Privatizing the Public Good: Emerging Trends in K-16 Education: No Accounting for School Vouchers," see 48 Wake Forest L. Rev. 361 (2013).

For article, "Privatizing the Public Good: Emerging Trends in K-16 Education: Public Decisions and Private Choices: Reassessing the School-Housing Segregation Link in the Post-Parents Involved Era," see 48 Wake Forest L. Rev. 397 (2013).

For article, "Privatizing the Public Good: Emerging Trends in K-16 Education: Private Paradigm Constrains Public Response to Twenty-First Challenges," see 48 Wake Forest L. Rev. 427 (2013).

For article, "Privatizing the Public Good: Emerging Trends in K-16 Education: The Promise and Pitfalls of Empiricism in Educational Equality Jurisprudence," see 48 Wake Forest L. Rev. 489 (2013).

§ 115C-2. Administrative procedure.

All action of agencies taken pursuant to this Chapter, as agency is defined in G.S. 150B-2, is subject to the requirements of the Administrative Procedure Act, Chapter 150B of the General Statutes.

History

(1981, c. 423, s. 1; 1987, c. 827, s. 1.)

§ 115C-3. Access to information and public records.

Except as otherwise provided in this Chapter, access to information gathered and public records made pursuant to the provisions of this Chapter must be in conformity with the requirements of Chapter 132 of the General Statutes.

History

(1981, c. 423, s. 1.)

§ 115C-4. Open meetings law.

Meetings of governmental bodies held pursuant to the provisions of this Chapter must be in conformity with the requirements of Article 33C of Chapter 143 of the General Statutes.

History

(1981, c. 423, s. 1.)

§ 115C-5. Definitions.

As used in this Chapter unless the context requires otherwise:

1. The State Board of Education may be referred to as the "Board" or as the "State Board."
2. The governing board of a city administrative unit is "the ____________ city board of education."
3. The governing board of a county administrative unit is "the ____________ county board of education."
4. The governing body of a public school unit is the following:
   1. For a local school administrative unit, the local board of education.
   2. For a charter school, the nonprofit corporation board of directors.
   3. For a regional school, the regional school board of directors.
   4. For a school operated under Article 7A and Article 9C of this Chapter, the State Board of Education.
   5. For a school operated under Article 29A of Chapter 116 of the General Statutes, the chancellor of the constituent institution.
5. The term "school district" means any district defined by G.S. 115C-69.
6. "Local board" or "board" means a city board of education, county board of education, or a city-county board of education.
7. "Local school administrative unit" means a subdivision of the public school system which is governed by a local board of education. It may be a city school administrative unit, a county school administrative unit, or a city-county school administrative unit.
8. The executive head of a school shall be called "principal."
9. Public school unit. - Any of the following:
   1. A local school administrative unit.
   2. A charter school.
   3. A regional school.
   4. A school providing elementary or secondary instruction operated by one of the following:
      1. The State Board of Education, including schools operated under Article 7A and Article 9C of this Chapter.
      2. The University of North Carolina under Article 29A of Chapter 116 of the General Statutes.
10. The executive officer of a local school administrative unit shall be called "superintendent." "Superintendent" means the superintendent of schools of a public school system or, in his absence, the person designated to fulfill his functions.
11. "Supervisor" means a person paid on the supervisor salary schedule who supervises the instructional program in one or more schools and is under the immediate supervision of the superintendent or his designee.
12. The term "tax-levying authority" means the board of county commissioners of the county or counties in which an administrative unit is located or such other unit of local government as may be granted by local act authority to levy taxes on behalf of a local school administrative unit.

History

(1955, c. 664; c. 1372, art. 1, ss. 8, 9; 1965, c. 584, s. 2; 1967, c. 223, s. 1; 1971, c. 883; c. 1188, s. 2; 1973, c. 315, s. 1; c. 782, ss. 1-30; 1975, c. 437, s. 10; 1979, c. 864, s. 2; 1981, c. 423, s. 1; 1985 (Reg. Sess., 1986), c. 975, s. 2; 1997-456, s. 27; 2019-51, s. 1; 2020-56, s. 6(a), (b).)

Editor's Note. - Session Laws 2010-31, s. 7.24(a)-(h), provides: "(a) It is the intent of the General Assembly to implement a funding formula in the 2011-2012 school year that will provide money to local school administrative units for the purpose of paying the tuition of high school students taking higher education courses for which tuition is required.

"(b) It is the intent of the General Assembly to eliminate the tuition waiver for courses taken by high school students at community colleges set forth in G.S. 115D-5(b) effective July 1, 2011, except for the waiver that applies to students in cooperative innovative high school programs established pursuant to Part 9 of Article 16 of Chapter 115C of the General Statutes. Tuition shall continue to be waived for students in cooperative innovative high school programs.

"(c) For the 2011-2012 school year, the North Carolina Community College System General Fund appropriations shall be reduced by an amount calculated by multiplying the number of FTE high school students for whom tuition is required by the per capita budgeted receipts for community college curriculum instruction. This amount of funds shall be transferred to the State Board of Education for distribution to the local school administrative units.

"(d) For the 2011-2012 school year, the General Fund appropriation for Learn and Earn Online shall be available to the State Board of Education for distribution to the local school administrative units.

"(e) For the 2011-2012 school year, the State Public School Fund shall be reduced by an amount calculated by (i) subtracting the per capita budgeted receipts for community college curriculum instruction from the in-State tuition amount per FTE and (ii) multiplying the result by the number of FTE high school students for whom tuition is required. This amount of funds shall be available to the State Board of Education for distribution to the local school administrative units.

"The State Board of Education shall ensure that appropriate and reliable data is collected in order to implement this section.

"(f) The amounts transferred to the State Board of Education under subsections (c), (d), and (e) of this section shall be distributed to local school administrative units based on the pro rata share of each local school administrative unit's number of FTE high school students for whom tuition is required.

"(g) The amounts allocated to local school administrative units under this section shall not be transferred to other uses and shall only be available for paying the tuition of high school students taking higher education courses for which tuition is required.

"(h) Beginning with the 2010-2011 school year, courses provided in (i) general education, except for mathematics, science, and technology, (ii) physical education, and (iii) college success skills courses offered to high school students shall no longer generate State funding through budget FTE. If an institute of higher education offers these courses to high school students, the colleges may charge an amount sufficient to cover the costs of the courses.

"This subsection does not apply to courses provided to students of Early and Middle College High Schools."

Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'."

Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year."

Session Laws 2010-31, s. 32.6, is a severability clause.

Laws 2019-51, s. 2.3, made subdivision (11), as added by Session Laws 2019-51, s. 1, effective July 1, 2019, and applicable beginning with the 2019-2020 school year. Subdivision (11) was subsequently renumbered as (7a) at the direction of the Revisor of Statutes to maintain alphabetical order.

Effect of Amendments. - Session Laws 2019-51, s. 1, added subsection (7a). For effective date and applicability, see editor's note.

Session Laws 2020-56, s. 6(a), (b), effective June 30, 2020, added subdivision (3a); and substituted "North Carolina under Article 29A" for "North Carolina, including schools operated under Articles 4, 29 and 29A" in sub-subdivision (7a)d.2.

§ 115C-10. Appointment of Board.

The State Board of Education shall consist of the Lieutenant Governor, the State Treasurer, and 11 members appointed by the Governor, subject to confirmation by the General Assembly in joint session. Not more than two public school employees paid from State or local funds may serve as appointive members of the State Board of Education. No spouse of any public school employee paid from State or local funds and no spouse of any employee of the Department of Public Instruction may serve as an appointive member of the State Board of Education. Of the appointive members of the State Board of Education, one shall be appointed from each of the eight educational districts and three shall be appointed as members at large. Appointments shall be for terms of eight years and shall be made in four classes. Appointments to fill vacancies shall be made by the Governor for the unexpired terms and shall not be subject to confirmation.

The Governor shall transmit to the presiding officers of the Senate and the House of Representatives, on or before the sixtieth legislative day of the General Assembly, the names of the persons appointed by the Governor and submitted to the General Assembly for confirmation; thereafter, pursuant to joint resolution, the Senate and the House of Representatives shall meet in joint session for consideration of an action upon such appointments.

History

(1955, c. 1372, art. 1, s. 2; 1971, c. 704, s. 2; 1981, c. 423, s. 1; 1985, c. 479, s. 36; 1989, c. 46; 2009-2, s. 1.)

Cross References. - As to establishment of the School-Based Child and Family Team Initiative, see G.S. 143B-366.

Effect of Amendments. - Session Laws 2009-2, s. 1, effective March 4, 2009, in the second sentence of the first undesignated paragraph substituted "two public school employees" for "one public school employee," substituted "appointive members" for "an appointive member," and substituted "and no spouse of any employee of the Department of Public Instructions" for "and no employee of the Department of Public Instruction or his spouse"; near the middle of the second undesignated paragraph substituted "by the Governor" for "by him."

Legal Periodicals. - For article, "A National Lesson on the Dereliction and Declension of Educational Equality: The Cautionary Tale of California Charter Schools,” see 41 Campbell L. Rev. 1 (2019).

§ 115C-11. Organization and internal procedures of Board.

1. Presiding Officer. - The State Board of Education shall elect from its membership a chairman and vice-chairman. A majority of the Board shall constitute a quorum for the transaction of business. Per diem and expenses of the appointive members of the Board shall be provided by the General Assembly. The chairman of the Board shall preside at all meetings of the Board. In the absence of the chairman, the vice-chairman shall preside; in the absence of both the chairman and the vice-chairman, the Board shall name one of its own members as chairman pro tempore.
2. Student advisors. - The Superintendent of Public Instruction is hereby authorized to appoint two high school students who are enrolled in the public schools of North Carolina as advisors to the State Board of Education. The student advisors shall participate in State Board deliberations in an advisory capacity only. The State Board may, in its discretion, exclude the student advisors from executive sessions. The Superintendent of Public Instruction shall stagger the appointments of the two student advisors so that a high school junior is serving in the first year of a two-year term and a high school senior is serving in the second year of a two-year term simultaneously. The appointment of a high school junior shall be made beginning June 15 of each year. If a student advisor is no longer enrolled in the public schools of North Carolina or if a vacancy otherwise occurs, the Superintendent of Public Instruction shall appoint a student advisor for the remainder of the unexpired term.
3. State Teacher of the Year Advisor. - Each State Teacher of the Year, as designated by the Department of Public Instruction, shall serve ex officio as advisor to the State Board of Education. Each State Teacher of the Year shall begin service as advisory member to the State Board at the commencement of the teacher's term as State Teacher of the Year and shall serve for two years. The State Teachers of the Year shall participate in State Board deliberations and committee meetings in an advisory capacity only. The State Board may, in its discretion, exclude the State Teachers of the Year from executive sessions.
4. Superintendent Advisor. - The Superintendent of Public Instruction shall appoint a superintendent of a local school administrative unit as an advisor to the State Board of Education. The superintendent advisor shall serve for a term of one year. The superintendent advisor shall participate in State Board deliberations and committee meetings in an advisory capacity only. The State Board may, in its discretion, exclude the superintendent advisor from executive sessions.
5. State Principal of the Year Advisor. - Each State Principal of the Year, as designated by the Department of Public Instruction, shall serve ex officio as an advisor to the State Board of Education. Each State Principal of the Year shall begin service as an advisory member to the State Board at the commencement of the principal's term as State Principal of the Year and shall serve for one year. The State Principal of the Year shall participate in State Board deliberations and committee meetings in an advisory capacity only. The State Board may, in its discretion, exclude the State Principal of the Year from executive sessions.
6. Local Board of Education Advisor. - The current Raleigh Dingman Award winner shall serve as an advisor to the State Board of Education. The local board of education advisor shall serve for a term of one year. The local board of education advisor shall participate in State Board deliberations and committee meetings in an advisory capacity only. The State Board may, in its discretion, exclude the local board of education advisor from executive sessions.
7. Regular Meetings of Board. - The regular meetings of the Board shall be held each month on a day certain, as determined by the Board. The Board shall determine the hour of the meeting, which may be adjourned from day to day, or to a day certain, until the business before the Board has been completed.
8. Annual meeting with the State Board of Community Colleges and the Board of Governors of The University of North Carolina. The State Board of Education shall meet with the State Board of Community Colleges and the Board of Governors of The University of North Carolina at least once a year to discuss educational matters of mutual interest and to recommend to the General Assembly such policies as are appropriate to encourage the improvement of public education at every level in this State. The meeting in 1987 and every three years thereafter shall be hosted by the University Board of Governors, the meeting in 1988 and every three years thereafter shall be hosted by the State Board of Education, and the meeting in 1989 and every three years thereafter shall be hosted by the State Board of Community Colleges.
9. Special Meetings. - Special meetings of the Board may be set at any regular meeting or may be called by the chairman or by the secretary upon the approval of the chairman: Provided, a special meeting shall be called by the chairman upon the request of any five members of the Board. In case of regular meetings and special meetings, the secretary shall give notice to each member, in writing, of the time and purpose of the meeting, by letter directed to each member at his home post-office address. Such notice must be deposited in the Raleigh Post Office at least three days prior to the date of meeting.
10. Voting. - No voting by proxy shall be permitted. Except in voting on textbook adoptions, a majority of those present and voting shall be necessary to carry a motion and a roll call vote shall be had on each motion. A record of all such votes shall be kept in the minute book.
11. Voting on Adoption of Textbooks. - A majority vote of the whole membership of the Board shall be required to adopt textbooks, and a roll call vote shall be had on each motion for such adoption or adoptions. A record of all such votes shall be kept in the minute book.
12. Committees. - The Board may create from its membership such committees as it deems necessary to facilitate its business. The chairman of the Board shall with approval of the majority of the Board appoint members to the several committees authorized by the Board and to any additional committees which the chairman may deem to be appropriate.
13. Record of Proceedings. - All of the proceedings of the Board shall be recorded in a well-bound and suitable book, which shall be kept in the office of the Superintendent of Public Instruction, and open to public inspection.
14. Rules and Regulations. - The Board shall adopt reasonable rules and regulations not inconsistent herewith, to govern its proceedings which the Board may amend from time to time, which rules and regulations shall become effective when filed as provided by law: Provided, however, a motion to suspend the rules so adopted shall require a consent of two-thirds of the members. The rules and regulations shall include, but not be limited to, clearly defined procedures for electing the officers of the State Board referred to in G.S. 115C-11(a), fixing the term of said officers, specifying how the voting shall be carried out, and establishing a date when the first election shall be held.
15. Administrative Assistance. - The Superintendent of Public Instruction shall provide technical assistance and administrative assistance, including all personnel except as otherwise provided in subsection (j) of this section, to the State Board of Education through the Department of Public Instruction.
16. Certain Personnel Appointed by the State Board. - The State Board may appoint only the following personnel positions to support the operations of the State Board of Education through the Department of Public Instruction:
    1. 65023576               Attorney I.
    2. 60009384               Attorney II.
    3. 65003194               Paralegal II.
    4. 60095070               Administrative Assistant I.

Student advisors shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

In the event a vacancy occurs in the State Teacher of the Year's advisory position, the teacher who was next runner-up to that State Teacher of the Year shall serve as the advisory member to the Board for the remainder of the unexpired term. The State Teacher of the Year advisors to the State Board shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

In the event that a superintendent advisor ceases to be a superintendent in a local school administrative unit, the position of superintendent advisor shall be deemed vacant. In the event that a vacancy occurs in the position for whatever reason, the Superintendent of Public Instruction shall appoint a superintendent advisor for the remainder of the unexpired term. The superintendent advisor to the State Board shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

In the event a vacancy occurs in the State Principal of the Year's advisory position, the principal who was next runner-up to that State Principal of the Year shall serve as the advisory member to the State Board for the remainder of the unexpired term. The State Principal of the Year advisor to the State Board shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

In the event that the Raleigh Dingman Award winner ceases to be a local board of education member or notifies the State Board of Education that he or she is unable to fulfill his or her duties as a local board of education advisor member, the position of local board of education member shall be deemed vacant. In the event that a vacancy occurs in the position for whatever reason, the President of the North Carolina School Boards Association shall serve as the advisory member to the State Board for the remainder of the unexpired term. The local board of education advisor to the State Board shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

Position number Title

History

(1955, c. 1372, art. 2, s. 1; 1959, c. 573, s. 19; 1971, c. 704, s. 3; 1975, c. 699, s. 1; 1981, c. 423, s. 1; 1985 (Reg. Sess., 1986), c. 991, s. 1; 1987 (Reg. Sess., 1988), c. 1102, s. 1; 1989, c. 720; 2003-306, s. 1; 2016-126, 4th Ex. Sess., s. 1; 2018-5, s. 7.14(a).)

Editor's Note. - Session Laws 2016-126, 4th Ex. Sess., s. 42, is a severability clause.

Session Laws 2016-126, 4th Ex. Sess., s. 31, provides: "Notwithstanding G.S. 115C-11, as amended by this act, the current student advisor and the local superintendent advisor members serving on the State Board of Education as of the effective date of this Part [Sections 1 through 6 and Sections 8 through 32 effective January 1, 2017; the remainder effective December 19, 2016] shall serve the remainder of their terms. Thereafter, as terms expire, or when a vacancy occurs prior to the expiration of a term, the student advisor and local superintendent advisor members on the State Board shall be appointed by the Superintendent of Public Instruction in accordance with G.S. 115C-11, as amended by this act."

Session Laws 2018-5, s. 7.14(b), made the amendment of subsection (d) by Session Laws 2018-5, s. 7.14(a), effective June 12, 2018, and applicable to votes by the State Board of Education taken at any meeting occurring on or after that date.

Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'"

Session Laws 2018-5, s. 39.7, is a severability clause.

Session Laws 2018-114, s. 27(a), provides: "The General Assembly finds that the North Carolina Supreme Court, in North Carolina State Board of Education v. State of North Carolina and Mark Johnson, No. 333PA17 (June 8, 2018), affirmed the facial constitutionality of S.L. 2016-126 in clarifying the authority of the Superintendent of Public Instruction as the administrative head of the Department of Public Instruction and the Superintendent's role in the direct supervision of the public school system. SBOP-011 (Responsibilities of the SBE in supervising/administering the public school system of NC and the funds provided for its support) and SBOP-013 (Delegation of Authority from the State Board of Education to the Superintendent of Public Instruction) are repealed. The State Board of Education may readopt rules or policies related to internal management that are not inconsistent with the statutory requirements of S.L. 2016-126, including, but not limited to, the requirements of G.S. 115C-11, 115C-19, 115C-21, and 143A-441."

Session Laws 2018-114, s. 29, is a severability clause.

Effect of Amendments. - Session Laws 2016-126, 4th Ex. Sess., s. 1, effective January 1, 2017, substituted "Superintendent of Public Instruction" for "Governor" throughout subsections (a1) and (a3); rewrote the second paragraph in subsection (a1); and added subsections (i) and (j).

Session Laws 2018-5, s. 7.14(a), in subsection (d), in the first sentence, deleted "all voting shall be viva voce unless a record vote or secret ballot is demanded by any member" preceding "a majority" and added "and a roll call vote shall be had on each motion" at the end, and added the second sentence. For effective date and applicability, see editor's note.

§ 115C-12. Powers and duties of the Board generally.

The general supervision and administration of the free public school system shall be vested in the State Board of Education. The State Board of Education shall establish all needed rules and regulations for the system of free public schools, subject to laws enacted by the General Assembly. In accordance with Sections 7 and 8 of Article III of the North Carolina Constitution, the Superintendent of Public Instruction, as an elected officer and Council of State member, shall administer all needed rules and regulations adopted by the State Board of Education through the Department of Public Instruction. The powers and duties of the State Board of Education are defined as follows:

1. Financial Powers. - The financial powers of the Board are set forth in Article 30 of this Chapter.
2. To Submit a Budget Request to the Director of the Budget. - The Board shall submit a budget request to the Director of the Budget in accordance with G.S. 143C-3-3. In addition to the information requested by the Director of the Budget, the Board shall provide an analysis relating each of its requests for expansion funds to anticipated improvements in student performance.
3. Repealed by Session Laws 1985 (Regular Session, 1986), c. 975, s. 24.
4. , (4) Repealed by Session Laws 1987 (Regular Session, 1988), c. 1025, s. 1.
   1. To certify and regulate the grade and salary of teachers and other school employees.
   2. To adopt and supply textbooks.
   3. Repealed by Session Laws 2017-126, s. 11, effective July 20, 2017.
      1. The State Board shall award, in accordance with G.S. 115C-83.15, an overall numerical school achievement, growth, and performance score on a scale of zero to 100 and a corresponding performance letter grade of A, B, C, D, or F earned by each school within the local school administrative unit. The school performance score and grade shall reflect student performance on annual subject-specific assessments, college and workplace readiness measures, graduation rates, and student progress in achieving English language proficiency. In addition, the State Board shall award separate performance scores and grades for the following:
         1. School performance of certain subgroups of students as provided in G.S. 115C-83.15.
         2. For schools serving students in any grade from kindergarten to eighth grade, school performance in reading and mathematics respectively.
      2. For schools serving students in third grade, the number and percentage of third grade students who (i) take and pass the alternative assessment of reading comprehension; (ii) were retained in third grade for not demonstrating reading proficiency as indicated in G.S. 115C-83.7(a); and (iii) were exempt from mandatory third grade retention by category of exemption as listed in G.S. 115C-83.7(b).
      3. For high schools, measures of Advanced Placement course participation, Cambridge Advanced International Certificate of Education (AICE) Program participation, and International Baccalaureate Diploma Programme participation and Advanced Placement, Cambridge AICE, and International Baccalaureate examination participation and performance.
      4. For schools serving any students in ninth through twelfth grade, the percentage of students who achieved the minimum score required for admission into a constituent institution of The University of North Carolina on a nationally normed test of college readiness.
      5. For schools serving any students in ninth through twelfth grade, the percentage of students enrolled in Career and Technical Education courses who score at Silver, Gold, or Platinum levels on a nationally normed test of workplace readiness.
   4. To formulate rules and regulations for the enforcement of the compulsory attendance law.
   5. Repealed by Session Laws 2019-176, s. 3(d), effective July 1, 2020.
5. , (9b) Repealed by Session Laws 2005-458, s. 1, effective October 2, 2005.
6. Power to Develop Content Standards. -
   1. The Board shall develop a comprehensive plan to revise content standards and the standard course of study in the core academic areas of reading, writing, mathematics, science, history, geography, and civics. The Board shall involve and survey a representative sample of parents, teachers, and the public to help determine academic content standard priorities and usefulness of the content standards. A full review of available and relevant academic content standards that are rigorous, specific, sequenced, clear, focused, and measurable, whenever possible, shall be a part of the process of the development of content standards. The revised content standards developed in the core academic areas shall (i) reflect high expectations for students and an in-depth mastery of the content; (ii) be clearly grounded in the content of each academic area; (iii) be defined grade-by-grade and course-by-course; (iv) be understandable to parents and teachers; (v) be developed in full recognition of the time available to teach the core academic areas at each grade level; and (vi) be measurable, whenever possible, in a reliable, valid, and efficient manner for accountability purposes.
   2. High school course content standards shall include the knowledge and skills necessary to pursue further postsecondary education or to attain employment in the 21st century economy. The high school course content standards also shall be aligned with the minimum undergraduate course requirements for admission to the constituent institutions of The University of North Carolina.
   3. The Board also shall develop and implement an ongoing process to align State programs and support materials with the revised academic content standards for each core academic area on a regular basis. Alignment shall include revising textbook criteria, support materials, State tests, teacher and school administrator preparation, and ongoing professional development programs to be compatible with content standards. The Board shall develop and make available to teachers and parents support materials, including teacher and parent guides, for academic content standards. The State Board of Education shall work in collaboration with the Board of Governors of The University of North Carolina to ensure that teacher and school administrator degree programs, ongoing professional development, and other university activity in the State's public schools align with the State Board's priorities.
7. Power to Develop Exit Standards and Graduation Requirements. -
   1. The Board may develop exit standards that shall be required for high school graduation. The Board shall require the following for high school graduation:
      1. Successful completion of instruction in cardiopulmonary resuscitation as provided in G.S. 115C-81.25(c)(10).
      2. A passing grade in the semester course on the Founding Principles of the United States of America and the State of North Carolina described in G.S. 115C-81.45(d)(1).
   2. The following restrictions apply to the Board regarding Algebra I and high school graduation projects:
      1. The Board shall not adopt or enforce any rule that requires Algebra I as a graduation standard or as a requirement for a high school diploma for any student whose individualized education program (i) identifies the student as learning disabled in the area of mathematics and (ii) states that this learning disability will prevent the student from mastering Algebra I.
      2. The Board shall not require any student to prepare a high school graduation project as a condition of graduation from high school; local boards of education may, however, require their students to complete a high school graduation as provided in G.S. 115C-47(54a).
   3. Salary schedules for other support personnel, including but not limited to maintenance and school food service personnel, shall be adopted by the State Board of Education. The Board shall classify these support positions in terms of uniform pay grades included in the salary schedule of the State Human Resources Commission. These schedules shall apply if the local board of education does not adopt a salary schedule of its own for personnel paid from other than State appropriations.
   4. The State Board of Education shall modify the Uniform Education Reporting System to provide clear, accurate, and standard information on the use of funds at the unit and school level. The plan shall provide information that will enable the General Assembly to determine State, local, and federal expenditures for personnel at the unit and school level. The plan also shall allow the tracking of expenditures for textbooks, educational supplies and equipment, capital outlay, at-risk students, and other purposes.
   5. When practicable, reporting requirements developed by the State Board of Education as part of the Uniform Education Reporting System under this subdivision shall be incorporated into the PowerSchool application or any other component of the Instructional Improvement System to minimize duplicative reporting by local school administrative units.
   6. The State Board of Education shall develop a process for local school administrative units to annually identify enrolled military-connected students using the Uniform Education Reporting System. The identification of military-connected students shall not be used for the purposes of determining school achievement, growth, and performance scores as required by G.S. 115C-12(9)c1. The identification of military-connected students is not a public record within the meaning of G.S. 132-1 and shall not be made public by any person, except as permitted under the provisions of the Family Educational and Privacy Rights Act of 1974, 20 U.S.C. § 1232g. For purposes of this section, a "military-connected student" means a student enrolled in a local school administrative unit who has a parent, step-parent, sibling, or any other person who resides in the same household serving in the active or reserve components of the Army, Navy, Air Force, Marine Corps, Coast Guard, or National Guard. Beginning in the 2016-2017 school year, and annually thereafter, the identification of military-connected students for all local school administrative units shall be completed by January 31 of each school year.
8. [Development of Goals and Annual Report on Improvement in Graduation Rate.]  Prior to the 2010-2011 school year, the State Board of Education shall:
   1. Develop a growth model establishing annual goals for continuous and substantial improvement in the four-year cohort graduation rate by local school administrative units.
   2. Establish as a short-term goal that local school administrative units meet the annual growth model goals for improvement in the four-year cohort graduation rate beginning with the graduating class of 2011 and continuing annually thereafter.
   3. Establish as long-term minimum goals statewide four-year cohort graduation rates of seventy-four percent (74%) by 2014; eighty percent (80%) by 2016; and ninety percent (90%) by 2018.
   4. Establish as a long-term goal with benchmarks and recommendations to reach a statewide four-year cohort graduation rate of one hundred percent (100%).
9. Repealed by Session Laws 2012-142, s. 7.13(d), effective July 1, 2012.
10. Reducing School Dropout Rates. - The State Board of Education shall develop a statewide plan to improve the State's tracking of dropout data so that accurate and useful comparisons can be made over time. The plan shall include, at a minimum, how dropouts are counted and the methodology for calculating the dropout rate, the ability to track students movements among schools and districts, and the ability to provide information on who drops out and why.
    1. To define what is equivalent to a high school diploma for the purposes of G.S. 20-11 and G.S. 20-13.2. These rules shall apply to all educational programs offered in the State by public schools, charter schools, nonpublic schools, or community colleges.
    2. To establish the procedures a person who is or was enrolled in a public school or in a charter school must follow and the requirements that person shall meet to obtain a driving eligibility certificate.
    3. To require the person who is required under G.S. 20-11(n) to sign the driving eligibility certificate to provide the certificate if he or she determines that one of the following requirements is met:
       1. The person seeking the certificate is eligible for the certificate under G.S. 20-11(n)(1) and is not subject to G.S. 20-11(n1).
       2. The person seeking the certificate is eligible for the certificate under G.S. 20-11(n)(1) and G.S. 20-11(n1).
    4. To provide for an appeal to an appropriate education authority by a person who is denied a driving eligibility certificate. These rules shall apply to public schools and charter schools.
    5. To define exemplary student behavior and to define what constitutes the successful completion of a drug or alcohol treatment counseling program. These rules shall apply to public schools and charter schools.
11. Duty to Assist Schools in Meeting Adequate Yearly Progress. - The State Board of Education shall:
    1. Identify which schools are meeting adequate yearly progress with subgroups as specified in the No Child Left Behind Act of 2001;
    2. Study the instructional, administrative, and fiscal practices and policies employed by the schools selected by the State Board of Education that are meeting adequate yearly progress specified in the No Child Left Behind Act of 2001;
    3. Create assistance models for each subgroup based on the practices and policies used in schools that are meeting adequate yearly progress. The schools of education at the constituent institutions of The University of North Carolina, in collaboration with the University of North Carolina Center for School Leadership Development, shall assist the State Board of Education in developing these models; and
    4. Offer technical assistance based on these assistance models to  local school administrative units not meeting adequate yearly progress, giving priority to those local school administrative units with high concentrations of schools that are not meeting adequate yearly progress. The State Board of Education shall determine the number of local school administrative units that can be served effectively in the first two years. This technical assistance shall include peer assistance and professional development by teachers, support personnel, and administrators in schools with subgroups that are meeting adequate yearly progress.
12. Duty to Develop Recommended Programs for Use in Schools During Veterans' History Awareness Month. - The State Board of Education shall develop recommended programs in collaboration with active military installations, veterans, and veterans service organizations that enable students to gain a better understanding of the meaning and importance of the contributions of American veterans and, in particular, veterans from North Carolina. Recommended programs may be integrated into lesson plans and may include veteran participation and veteran sponsorship in the form of an Adopt-A-Veteran program. All schools are encouraged to collaborate with veterans and veteran service organizations during Veterans' History Awareness Month to designate time for appropriate commemorative activities.
    1. Develop guidelines for sealing existing arsenic-treated wood in playground equipment or establish a time line for removing existing arsenic-treated wood on playgrounds and testing the soil on school grounds for contamination caused by the leaching of arsenic-treated wood in other areas where children may be at particularly high risk of exposure.
    2. Establish guidelines to reduce students' exposure to diesel emissions that can occur as a result of unnecessary school bus idling, nose-to-tail parking, and inefficient route assignments.
    3. Study methods for mold and mildew prevention and mitigation and incorporate recommendations into the public school facilities guidelines as needed.
    4. Establish guidelines for Integrated Pest Management consistent with the policy of The North Carolina School Boards Association, Inc., as published in 2004. These guidelines may be updated as needed to reflect changes in technology.
    5. Establish guidelines for notification of students' parents, guardians, or custodians as well as school staff of pesticide use on school grounds.

(5) Apportionment of Funds. - The Board shall have authority to apportion and equalize over the State all State school funds and all federal funds granted to the State for assistance to educational programs administered within or sponsored by the public school system of the State.

(6) Power to Demand Refund for Inaccurate Apportionment Due to False Attendance Records. - When it shall be found by the State Board of Education that inaccurate attendance records have been filed with the State Board of Education which resulted in an excess allotment of funds for teacher salaries in any school unit in any school year, the school unit concerned may be required to refund to the State Board the amount allotted to said unit in excess of the amount an accurate attendance record would have justified.

(7) Power to Alter the Boundaries of City School Administrative Units and to Approve Agreements for the Consolidation and Merger of School Administrative Units Located in the Same County. - The Board shall have authority, in its discretion, to alter the boundaries of city school administrative units and to approve agreements submitted by county and city boards of education requesting the merger of two or more contiguous city school administrative units and the merger of city school administrative units with county school administrative units and the consolidation of all the public schools in the respective units under the administration of one board of education: Provided, that such merger of units and reorganization of school units shall not have the effect of abolishing any special taxes that may have been voted in any such units.

(8) Power to Make Provisions for Sick Leave and for Substitute Teachers. - The Board shall provide for sick leave with pay for all public school employees in accordance with the provisions of this Chapter and shall promulgate rules and regulations providing for necessary substitutes on account of sick leave and other teacher absences.

The minimum pay for a substitute teacher who holds a teaching certificate shall be sixty-five percent (65%) of the daily pay rate of an entry-level teacher with an "A" certificate. The minimum pay for a substitute teacher who does not hold a teaching certificate shall be fifty percent (50%) of the daily pay rate of an entry-level teacher with an "A" certificate. The pay for noncertified substitutes shall not exceed the pay of certified substitutes.

Local boards may use State funds allocated for substitute teachers to hire full-time substitute teachers.

If a teacher assistant acts as a substitute teacher, the salary of the teacher assistant for the day shall be the same as the daily salary of an entry-level teacher with an "A" certificate.

(9) Miscellaneous Powers and Duties. - All the powers and duties exercised by the State Board of Education shall be in conformity with the Constitution and subject to such laws as may be enacted from time to time by the General Assembly. Among such duties are:

c1. To issue an annual "report card" for the State and for each local school administrative unit, assessing each unit's efforts to improve student performance based on the growth in performance of the students in each school and taking into account progress over the previous years' level of performance and the State's performance in comparison with other states. This assessment shall take into account factors that have been shown to affect student performance and that the State Board considers relevant to assess the State's efforts to improve student performance. The annual "report card" for each local school administrative unit shall include the following:

c2. Repealed by Session Laws 1995 (Regular Session, 1996), c. 716, s. 1.

c3. To develop a system of school building improvement reports for each school building. The purpose of school building improvement reports is to measure improvement in the growth in student performance at each school building from year to year, not to compare school buildings. The Board shall include in the building reports any factors shown to affect student performance that the Board considers relevant to assess a school's efforts to improve student performance. Local school administrative units shall produce and make public their school building improvement reports by March 15, 1997, for the 1995-96 school year, by October 15, 1997, for the 1996-97 school year, and annually thereafter. Each report shall be based on building-level data for the prior school year.

c4. To develop guidelines, procedures, and rules to establish, implement, and enforce the School-Based Management and Accountability Program under Article 8B of this Chapter in order to improve student performance, increase local flexibility and control, and promote economy and efficiency.

(10) Power to Provide for Programs or Projects in the Cultural and Fine Arts Areas. - The Board is authorized and empowered, in its discretion, to make provisions for special programs or projects of a cultural and fine arts nature for the enrichment and strengthening of educational opportunities for the children of the State.

For this purpose, the Board may use funds received from gifts or grants and, with the approval of the Director of the Budget, may use State funds which the Board may find available in any budget administered by the Board.

(11) Power to Conduct Education Research. - The Board is authorized to sponsor or conduct education research and special school projects considered important by the Board for improving the public schools of the State. Such research or projects may be conducted during the summer months and involve one or more local school units as the Board may determine. The Board may use any available funds for such purposes.

(12) Duty to Provide for Sports Medicine and Emergency Paramedical Program. - The State Board of Education is authorized and directed to develop a comprehensive plan to train and make available to the public schools personnel who shall have major responsibility for exercising preventive measures against sports related deaths and injuries and for providing sports medicine and emergency paramedical services for injuries that occur in school related activities. The plan shall include, but is not limited to, the training, assignment of responsibilities, and appropriate additional reimbursement for individuals participating in the program.

The State Board of Education is authorized and directed to develop an implementation schedule and a program funding formula that will enable each high school to have a qualified sports medicine and emergency paramedical program by July 1, 1984.

The State Board of Education is authorized and directed to establish minimum educational standards necessary to enable individuals serving as sports medicine and emergency paramedical staff to provide such services, including first aid and emergency life saving skills, to students participating in school activities.

(13) Power to Purchase Liability Insurance. - The Board is authorized to purchase insurance to protect board members from liability incurred in the exercise of their duty as members of the Board.

(14) Duty to Provide Personnel Information to Local Boards. - Upon request, the State Board of Education and the Department of Public Instruction shall furnish to any county or city board of education any and all available personnel information relating to certification, evaluation and qualification including, but not limited to, semester hours or quarterly hours completed, graduate work, grades, scores, etc., that are on that date in the files of the State Board of Education or Department of Public Instruction.

(15) Duty to Develop Noncertified Personnel Position Evaluation Descriptions. - The Board is authorized and directed to develop position evaluation descriptions covering those positions in local school administrative units for which certification by the State Board of Education is not normally a prerequisite. The position evaluation descriptions required in this subdivision are to be used by local boards of education as the basis for assignment of noncertified employees to an appropriate pay grade in accordance with salary grades and ranges adopted by the State Board of Education. No appropriations are required by this subdivision.

(16) Power with Regard to Salary Schedules. - The Board shall provide for sick leave with pay for all public school employees in accordance with the provisions of this Chapter and shall promulgate rules and regulations providing for necessary substitutes on account of sick leave and other teacher absences.

a. Support personnel refers to all public school employees who are not required by statute or regulation to be certified in order to be employed. The State Board of Education is authorized and empowered to adopt all necessary rules for full implementation of all schedules to the extent that State funds are made available for support personnel.

b. Salary schedules for the following public school support personnel shall be adopted by the State Board of Education: school finance officer, office support personnel, teacher assistants, maintenance supervisors, custodial personnel, and transportation personnel. The Board shall classify these support positions in terms of uniform pay grades included in the salary schedule of the State Human Resources Commission.

By the end of the third payroll period of the 1995-96 fiscal year, local boards of education shall place State-allotted office support personnel, teacher assistants, and custodial personnel on the salary schedule adopted by the State Board of Education so that the average salary paid is the State-allotted amount for the category. In placing employees on the salary schedule, the local board shall consider the education, training, and experience of each employee, including experience in other local school administrative units. It is the intent of the General Assembly that a local school administrative unit not fail to employ an employee who was employed for the prior school year in order to implement the provisions of this sub-subdivision. A local board of education is in compliance with this sub-subdivision if the average salary paid is at least ninety-five percent (95%) of the State-allotted amount for the category at the end of the third payroll period of the 1995-96 fiscal year, and at least ninety-eight percent (98%) of the State-allotted amount for the category at the end of the third payroll period of each subsequent fiscal year. The Department of Public Instruction shall provide technical assistance to local school administrative units regarding the implementation of this sub-subdivision.

(17) Power to Provide for School Transportation Programs. - The State Board of Education is authorized and empowered to promulgate such policies, rules, and regulations as it may deem necessary and desirable for the operation of a public school transportation system by each local administrative unit in the State. Such policies, rules, and regulations shall include, but are not limited to, fund allocations and fiscal support to assure the effective and efficient use of funds appropriated by the General Assembly in support of the school transportation system. Nothing herein shall be construed to affect in any way or to lessen in any way the full and complete authority of local boards of education to assign pupils to schools in accordance with G.S. 115C-366.

(18) Duty to Develop and Implement a Uniform Education Reporting System, Which Shall Include Standards and Procedures for Collecting Fiscal and Personnel Information. -

a. The State Board of Education shall adopt standards and procedures for local school administrative units to provide timely, accurate, and complete fiscal and personnel information, including payroll information, on all school personnel.

b. The State Board of Education shall develop and implement a Uniform Education Reporting System that shall include requirements for collecting, processing, and reporting fiscal, personnel, and student data, by means of electronic transfer of data files from local computers to the State Computer Center through the State Communications Network.

c. The State Board of Education shall comply with the provisions of G.S. 116-11(10a) to plan and implement an exchange of information between the public schools and the institutions of higher education in the State. The State Board of Education shall require local boards of education to provide to the parents of children at a school all information except for confidential information received about that school from institutions of higher education pursuant to G.S. 116-11(10a) and to make that information available to the general public.

(19) Duty to Identify Required Reports and to Eliminate Unnecessary Reports and Paperwork. - Prior to the beginning of each school year, the State Board of Education shall identify all reports that are required at the State level for the school year.

The State Board of Education shall adopt policies to ensure that local school administrative units are not required by the State Board of Education, the State Superintendent, or the Department of Public Instruction staff to (i) provide information that is already available on the student information management system or housed within the Department of Public Instruction; (ii) provide the same written information more than once during a school year unless the information has changed during the ensuing period; (iii) complete forms, for children with disabilities, that are not necessary to ensure compliance with the federal Individuals with Disabilities Education Act (IDEA); or (iv) provide information that is unnecessary to comply with State or federal law and not relevant to student outcomes and the efficient operation of the public schools. Notwithstanding the foregoing, the State Board may require information available on its student information management system or require the same information twice if the State Board can demonstrate a compelling need and can demonstrate there is not a more expeditious manner of getting the information.

The State Board shall permit schools and local school administrative units to submit all reports to the Department of Public Instruction electronically.

The State Board of Education, in collaboration with the education roundtables within the Department of Public Instruction, shall consolidate all plans that affect the school community, including school improvement plans. The consolidated plan shall be posted on each school's Web site for easy access by the public and by school personnel.

(20) Duty to Report Appointment of Caretaker Administrators and Boards. - Pursuant to G.S. 120-30.9G the State Board of Education shall submit to the Attorney General of the United States within 30 days any rules, policies, procedures, or actions taken pursuant to G.S. 115C-64.4 which could result in the appointment of a caretaker administrator or board to perform any of the powers and duties of a local board of education where that school administrative unit is covered by the Voting Rights Act of 1965.

(21) Duty to Monitor Acts of School Violence. - The State Board of Education shall monitor and compile an annual report on acts of violence in the public schools. The State Board shall adopt standard definitions for acts of school violence and shall require local boards of education to report them to the State Board in a standard format adopted by the State Board. The State Board shall submit its report on acts of violence in the public schools to the Joint Legislative Education Oversight Committee by March 15 of each year.

(22) Duty to Monitor the State of the Teaching Profession in North Carolina. - The State Board of Education shall monitor and compile an annual report on the state of the teaching profession in North Carolina that includes data on the decisions of teachers to leave the teaching profession and data on teaching positions that local boards of education are unable to fill, as provided in G.S. 115C-299.5.

(23) Power to Adopt Eligibility Rules for Interscholastic Athletic Competition. - The State Board of Education shall adopt rules governing interscholastic athletic activities conducted by local boards of education, including eligibility for student participation. With regard to middle schools and high schools, the rules shall provide for the following:

a. All coaches, school nurses, athletic directors, first responders, volunteers, students who participate in interscholastic athletic activities, and the parents of those students shall receive, on an annual basis, a concussion and head injury information sheet. School employees, first responders, volunteers, and students must sign the sheet and return it to the coach before they can participate in interscholastic athletic activities, including tryouts, practices, or competition. Parents must sign the sheet and return it to the coach before their children can participate in any such interscholastic athletic activities. The signed sheets shall be maintained in accordance with sub-subdivision d. of this subdivision.

For the purpose of this subdivision, a concussion is a traumatic brain injury caused by a direct or indirect impact to the head that results in disruption of normal brain function, which may or may not result in loss of consciousness.

b. If a student participating in an interscholastic athletic activity exhibits signs or symptoms consistent with concussion, the student shall be removed from the activity at that time and shall not be allowed to return to play or practice that day. The student shall not return to play or practice on a subsequent day until the student is evaluated by and receives written clearance for such participation from (i) a physician licensed under Article 1 of Chapter 90 of the General Statutes with training in concussion management, (ii) a neuropsychologist licensed under Article 18A of Chapter 90 of the General Statutes with training in concussion management and working in consultation with a physician licensed under Article 1 of Chapter 90 of the General Statutes, (iii) an athletic trainer licensed under Article 34 of Chapter 90 of the General Statutes, (iv) a physician assistant, consistent with the limitations of G.S. 90-18.1, or (v) a nurse practitioner, consistent with the limitations of G.S. 90-18.2.

c. Each school shall develop a venue specific emergency action plan to deal with serious injuries and acute medical conditions in which the condition of the patient may deteriorate rapidly. The plan shall include a delineation of roles, methods of communication, available emergency equipment, and access to and plan for emergency transport. This plan must be (i) in writing, (ii) reviewed by an athletic trainer licensed in North Carolina, (iii) approved by the principal of the school, (iv) distributed to all appropriate personnel, (v) posted conspicuously at all venues, and (vi) reviewed and rehearsed annually by all licensed athletic trainers, first responders, coaches, school nurses, athletic directors, and volunteers for interscholastic athletic activities.

d. Each school shall maintain complete and accurate records of its compliance with the requirements of this subdivision pertaining to head injuries.

The State Board of Education may authorize a designated organization to apply and enforce the Board's rules governing participation in interscholastic athletic activities at the high school level.

(24) Duty to Develop Standards for Alternative Learning Programs, Provide Technical Assistance on Implementation of Programs, and Evaluate Programs. - The State Board of Education shall adopt standards for assigning students to alternative learning programs. These standards shall include (i) a description of the programs and services that are recommended to be provided in alternative learning programs and (ii) a process for ensuring that an assignment is appropriate for the student and that the student's parents are involved in the decision. The State Board also shall adopt policies that define what constitutes an alternative school and an alternative learning program.

The State Board of Education shall also adopt standards to require that local school administrative units shall use (i) the teachers allocated for students assigned to alternative learning programs pursuant to the regular teacher allotment and (ii) the teachers allocated for students assigned to alternative learning programs only to serve the needs of these students.

The State Board of Education shall provide technical support to local school administrative units to assist them in developing and implementing plans and proposals for alternative learning programs.

The State Board shall evaluate the effectiveness of alternative learning programs and, in its discretion, of any other programs funded from the Alternative Schools/At-Risk Student allotment. Local school administrative units shall report to the State Board of Education on how funds in the Alternative Schools/At-Risk Student allotment are spent and shall otherwise cooperate with the State Board of Education in evaluating the alternative learning programs. As part of its evaluation of the effectiveness of these programs, the State Board shall, through the application of the accountability system developed under G.S. 115C-83.15 and G.S. 115C-105.35, measure the educational performance and growth of students placed in alternative schools and alternative programs. If appropriate, the Board may modify this system to adapt to the specific characteristics of these schools. Also as part of its evaluation, the State Board shall evaluate its standards adopted under this subdivision and make any necessary changes to those standards based on strategies that have been proven successful in improving student achievement and shall report to the Joint Legislative Education Oversight Committee by April 15, 2006 to determine if any changes are necessary to improve the implementation of successful alternative learning programs and alternative schools.

(25) Duty to Report to Joint Legislative Education Oversight Committee. - Upon the request of the Joint Legislative Education Oversight Committee, the State Board shall examine and evaluate issues, programs, policies, and fiscal information, and shall make reports to that Committee. Furthermore, by November 15 of each year, the State Board shall submit reports to that Committee regarding schools identified as low-performing, school improvement plans found to significantly improve student performance, personnel actions taken in low-performing schools, and recommendations for additional legislation to improve student performance and increase local flexibility.

The State Board of Education shall report to the Joint Legislative Education Oversight Committee by November 15, 2010, and annually thereafter on the goals, benchmarks, and recommendations described in this section. Such goals, benchmarks, and recommendations shall appropriately differentiate for students with disabilities and other specially identified subcategories within each four-year cohort. The report shall include goals and benchmarks by local school administrative unit, the strategies and recommendations for achieving the goals and benchmarks, any evidence or data supporting the strategies and recommendations, and the identity of the persons employed by the State Board of Education who are responsible for oversight of local school administrative units in achieving the goals and benchmarks.

(26) Repealed by Session Laws 2012-142, s. 7.13(f), effective July 1, 2012.

(27) Reporting Dropout Rates, Corporal Punishment, Suspensions, Expulsions, and Alternative Placements. - The State Board shall report by March 15 of each year to the Joint Legislative Education Oversight Committee on the numbers of students who have dropped out of school, been subjected to corporal punishment, been suspended, been expelled, been reassigned for disciplinary purposes, or been provided alternative education services. The data shall be reported in a disaggregated manner, reflecting the local school administrative unit, race, gender, grade level, ethnicity, and disability status of each affected student. Such data shall be readily available to the public. The State Board shall not include students that have been expelled from school when calculating the dropout rate. The Board shall maintain a separate record of the number of students who are expelled from school and the reasons for the expulsion.

(28) Duty to Develop Rules for Issuance of Driving Eligibility Certificates. - The State Board of Education shall adopt the following rules to assist schools in their administration of procedures necessary to implement G.S. 20-11 and G.S. 20-13.2:

These rules shall apply to public schools and charter schools.

The State Board also shall develop policies as to when it is appropriate to notify the Division of Motor Vehicles that a person who is or was enrolled in a public school or in a charter school no longer meets the requirements for a driving eligibility certificate.

The State Board shall develop a form for parents, guardians, or emancipated juveniles, as appropriate, to provide their written, irrevocable consent for a school to disclose to the Division of Motor Vehicles that the student no longer meets the conditions for a driving eligibility certificate under G.S. 20-11(n)(1) or G.S. 20-11(n1), if applicable, in the event that this disclosure is necessary to comply with G.S. 20-11 or G.S. 20-13.2. Other than identifying under which statutory subsection the student is no longer eligible, no other details or information concerning the student's school record shall be released pursuant to this consent. This form shall be used for students enrolled in public schools or charter schools.

The State Board of Education may use funds appropriated for drivers education to cover the costs of driving eligibility certificates.

(29) To Issue Special High School Diplomas to Veterans of World War II, Korea, and Vietnam. - The State Board of Education shall issue special high school diplomas to all honorably discharged veterans of World War II, the Korean Conflict, and the Vietnam era who request special diplomas and have not previously received high school diplomas.

(30) Duty to Adopt Model Guidelines and Policies for the Establishment of Local Task Forces on Closing the Academic Achievement Gap. - The State Board shall adopt a Model for local school administrative units to use as a guideline to establish local task forces on closing the academic achievement gap at the discretion of the local board. The purpose of each task force is to advise and work with its local board of education and administration on closing the gap in academic achievement and on developing a collaborative plan for achieving that goal. The State Board shall consider the recommendations of the Commission on Improving the Academic Achievement of Minority and At-Risk Students to the 2001 Session of the General Assembly in establishing its guidelines.

(31) To Adopt Guidelines for Individual Diabetes Care Plans. - The State Board shall adopt guidelines for the development and implementation of individual diabetes care plans. The State Board shall consult with the North Carolina Diabetes Advisory Council established by the Department of Health and Human Services in the development of these guidelines. The State Board also shall consult with local school administrative unit employees who have been designated as responsible for coordinating their individual unit's efforts to comply with federal regulations adopted under Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794. In its development of these guidelines, the State Board shall refer to the guidelines recommended by the American Diabetes Association for the management of children with diabetes in the school and day care setting and shall consider recent resolutions by the United States Department of Education's Office of Civil Rights of investigations into complaints alleging discrimination against students with diabetes.

The guidelines adopted by the State Board shall include:

a. Procedures for the development of an individual diabetes care plan at the written request of the student's parent or guardian, and involving the parent or guardian, the student's health care provider, the student's classroom teacher, the student if appropriate, the school nurse if available, and other appropriate school personnel.

b. Procedures for regular review of an individual care plan.

c. Information to be included in a diabetes care plan, including the responsibilities and appropriate staff development for teachers and other school personnel, an emergency care plan, the identification of allowable actions to be taken, the extent to which the student is able to participate in the student's diabetes care and management, and other information necessary for teachers and other school personnel in order to offer appropriate assistance and support to the student. The State Board shall ensure that the information and allowable actions included in a diabetes care plan as required in this subdivision meet or exceed the American Diabetes Association's recommendations for the management of children with diabetes in the school and day care setting.

d. Information and staff development to be made available to teachers and other school personnel in order to appropriately support and assist students with diabetes.

The State Board shall ensure that these guidelines are updated as necessary and shall ensure that the guidelines and any subsequent changes are published and disseminated to local school administrative units.

(32) Duty to Encourage Early Entry of Motivated Students into Four-Year College Programs. - The State Board of Education, in cooperation with the Education Cabinet, shall work with local school administrative units, the constituent institutions of The University of North Carolina, local community colleges, and private colleges and universities to (i) encourage early entry of motivated students into four-year college programs and to (ii) ensure that there are opportunities at four-year institutions for academically talented high school students to get an early start on college coursework, either at nearby institutions or through distance learning.

The State Board of Education shall also adopt policies directing school guidance counselors to make ninth grade students aware of the potential to complete the high school courses required for college entry in a three-year period.

(33) Duty to Develop Recommended Programs for Use in Schools on Memorial Day. - The State Board of Education shall develop recommended instructional programs that enable students to gain a better understanding of the meaning and importance of Memorial Day. All schools, especially schools that hold school on Memorial Day, shall instruct students on the significance of Memorial Day.

(34) Duty to Protect the Health of School-Age Children From Toxicants at School. - The State Board shall address public health and environmental issues in the classroom and on school grounds by doing all of the following:

(35) To Encourage Local Boards of Education to Enter into Agreements Regarding the Joint Use of Facilities for Physical Activity. - The State Board of Education shall encourage local boards of education to enter into agreements with local governments and other entities regarding the joint use of their facilities for physical activity. The agreements should delineate opportunities, guidelines, and the roles and responsibilities of the parties, including responsibilities for maintenance and liability.

(36) Duty to Charge Tuition for the Governor's School of North Carolina. - The State Board of Education may implement a tuition charge for students attending the Governor's School of North Carolina to cover the costs of the School.

(37) To Adopt Guidelines for Fitness Testing. - The State Board of Education shall adopt guidelines for the development and implementation of evidence-based fitness testing for students statewide in grades kindergarten through eight.

(38) Repealed by Session Laws 2012-194, s. 55(a), effective July 17, 2012.

(39) Power to Accredit Schools. - Upon the request of a local board of education, the State Board of Education shall evaluate schools in local school administrative units to determine whether the education provided by those schools meets acceptable levels of quality. The State Board shall adopt rigorous and appropriate academic standards for accreditation after consideration of (i) the standards of regional and national accrediting agencies, (ii) the academic standards adopted in accordance with subdivision (9c) of this section, and (iii) other information it deems appropriate.

The local school administrative unit shall compensate the State Board for the actual costs of the accreditation process.

(40) (For applicability, see Editor's note) To Establish High School Diploma Endorsements. - The State Board of Education shall establish, implement, and determine the impact of adding (i) college, (ii) career, and (iii) college and career endorsements to high school diplomas to encourage students to obtain requisite job skills necessary for students to be successful in a wide range of high-quality careers and to reduce the need for remedial education in institutions of higher education. These endorsements shall reflect courses completed, overall grade point average, reading achievement, and other criteria as developed by the State Board of Education. A student shall only receive a high school diploma endorsement if that student receives on a nationally norm-referenced college admissions test for reading, either administered under G.S. 115C-174.11(c)(4) or as an alternative nationally norm-referenced college admissions test approved by the State Board, at least the benchmark score established by the testing organization that represents the level of achievement required for students to have approximately a fifty percent (50%) chance of obtaining a grade B or higher or a seventy-five percent (75%) chance of obtaining a grade C or higher in a corresponding credit-bearing, first-year college course. A student may retake a nationally norm-referenced test as many times as necessary to achieve the required benchmark score for reading in order to receive a high school diploma endorsement prior to the student's graduation. The State Board of Education shall report annually to the Joint Legislative Education Oversight Committee on high school diploma endorsements in accordance with G.S. 115C-156.2.

(41) To Establish Career and Technical Education Incentives. - The State Board of Education shall establish, implement, and determine the impact of a career and technical education incentive program as provided under G.S. 115C-156.2.

(42) To notify the General Assembly of federal grant applications. - The State Board of Education shall provide written notification to the General Assembly in accordance with G.S. 120-29.5 and to the Fiscal Research Division of its intent to apply for any federal grant prior to submitting the grant application. The notice shall include details about the grant and a brief summary of any anticipated policy implications of accepting the grant.

(43) To Ensure that Local Boards of Education Implement Injury Prevention and Return-to-Work Programs. - The State Board of Education shall develop policies and procedures to ensure that local boards of education implement and comply with loss prevention and return-to-work programs based on models adopted by the State Board. These models shall be designed to reduce the number of injuries resulting in workers' compensation claims and ensure injured employees with workers' compensation claims return to work in accordance with current State Board of Education policy.

(44) Duty to Ensure Educational Services in Private Psychiatric Residential Treatment Facilities (PRTFs). - The Board, in collaboration with the Department of Health and Human Services, shall ensure that educational services are provided to all students in PRTFs as required under Part 4 of Article 6 of Chapter 122C of the General Statutes. The Board shall ensure that a child with a disability as defined under G.S. 115C-106.3(1) in a PRTF receives educational services and procedural safeguards as provided in Article 9 of this Chapter.

(45) To provide notification of student and parent surveys. - The State Board of Education shall provide written notification to the General Assembly in accordance with G.S. 120-29.5 of its intent to conduct any mandatory student or parent surveys in individual local school administrative units or on a statewide basis, including a copy of the proposed survey. The Department of Public Instruction shall also notify a superintendent of any plan to conduct a student or parent survey in the local school administrative unit. The superintendent shall be given a reasonable amount of time following notification to contact the Department with feedback on the survey prior to the survey being conducted in the local school administrative unit.

(46) Duty Regarding Anonymous Safety Tip Line Application. - The State Board of Education shall use the anonymous safety tip line application developed pursuant to G.S. 115C-105.51(b) for all public secondary schools serving students in grades six or higher operated under the control of the State Board of Education.

History

(1955, c. 1372, art. 2, s. 2; art. 17, s. 6; art. 18, s. 2; 1957, c. 541, s. 11; 1959, c. 1294; 1961, c. 969; 1963, c. 448, ss. 24, 27; c. 688, ss. 1, 2; c. 1223, s. 1; 1965, c. 584, s. 20.1; c. 1185, s. 2; 1967, c. 643, s. 1; 1969, c. 517, s. 1; 1971, c. 704, s. 4; c. 745; 1973, c. 236; c. 476, s. 138; c. 675; 1975, c. 686, s. 1; c. 699, s. 2; c. 975; 1979, c. 300, s. 1; c. 935; c. 986; 1981, c. 423, s. 1; 1983, c. 630, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 16; 1985, c. 479, s. 55(c)(3); c. 757, s. 145(a); 1985 (Reg. Sess., 1986), c. 975, s. 24; 1987, c. 414, s. 1; 1987 (Reg. Sess., 1988), c. 1025, ss. 1, 3; 1989, c. 585, s. 1; c. 752, s. 65(c); c. 778, s. 6; 1991, c. 529, s. 3; c. 689, s. 196(b); 1991 (Reg. Sess., 1992), c. 880, s. 3; c. 900, s. 75.1(e); 1993, c. 321, ss. 125, 133(a), 139(b); 1993 (Reg. Sess., 1994), c. 769, ss. 19(a), 19.9; 1995, c. 60, s. 1; c. 324, s. 17.15(a); c. 450, s. 4; c. 509, s. 59; 1995 (Reg. Sess., 1996), c. 716, s. 1; 1996, 2nd Ex. Sess., c. 18, ss. 18.4, 18.28(a); 1997-18, s. 15(a), (c)-(e); 1997-221, s. 12(a); 1997-239, s. 1; 1997-443, s. 8.27(a), (e); 1997-443, s. 8.29(o), (u); 1997-507, s. 3; 1998-153, s. 16(b); 1998-212, ss. 9.16(a), 9.23; 1999-237, s. 8.25(d); 1999-243, s. 5; 1999-397, s. 3; 2001-86, s. 1; 2001-151, s. 1; 2001-424, ss. 28.30(e), (f), 31.4(a); 2002-103, s. 1; 2002-126, s. 7.15; 2002-159, s. 63; 2002-178, s. 1(a); 2003-251, s. 1; 2003-419, s. 1; 2005-155, s. 1; 2005-276, ss. 7.18, 9.34(a); 2005-446, s. 1; 2005-458, ss. 1, 2; 2006-75, s. 1; 2006-143, s. 1; 2006-203, s. 30; 2006-260, s. 1; 2009-305, s. 4; 2009-334, s. 1; 2009-451, s. 7.39(a); 2010-31, s. 7.5(c), (g); 2010-111, s. 1; 2010-112, s. 4(a); 2010-161, s. 1; 2011-145, ss. 7.9, 7.13(a); 2011-147, s. 3; 2011-185, s. 9(b); 2011-282, s. 4; 2011-306, s. 3; 2011-379, ss. 2(a), (b), 6(a); 2011-391, s. 14(b); 2012-142, ss. 7.13(d), (f), 7A.3(a); 2012-194, s. 55(a); 2013-1, s. 1(a); 2013-226, s. 9(e), (f); 2013-360, ss. 8.27(a), 8.28(a), 9.4(c), (d); 2013-382, s. 9.1(c); 2014-15, s. 1; 2014-78, s. 4; 2014-100, ss. 8.9, 8.26, 8.39(b); 2015-126, s. 1; 2015-241, ss. 8.25(a), (b); 2015-264, s. 82; 2016-94, s. 8.32(a); 2016-126, 4th Ex. Sess., s. 2; 2017-57, ss. 7.26(a), 7.26B(a); 2017-65, s. 2; 2017-102, s. 48(a); 2017-126, ss. 9-11; 2017-189, s. 5(a); 2017-197, s. 2.18(a); 2018-5, s. 7.26(b); 2019-142, s. 3; 2019-165, s. 3.2(c); 2019-176, s. 3(d); 2019-212, s. 4(a).)

Local Modification. - Dare: 2006-23, s. 1; Hyde: 2006-23, s. 1; Martin: 2006-23, s. 1; Tyrrell: 2006-23, s. 1; Washington: 2006-23, s. 1.

Cross References. - As to sick leave for public school employees, see G.S. 115C-336.

For complete provisions from Session Laws 2010-31, s. 7.5, detailing the More at Four Program, see notes under G.S. 143B-168.10.

UNC-NCCCS Joint Initiative for Teacher Education and Recruitment. - Session Laws 2005-276, s. 9.3, provides for the development and implementation of a Joint Initiative for Teacher Education and Recruitment. See note at G.S. 115C-295.

School-Based Child and Family Team Initiative. - Session Laws 2007-323, s. 10.9(a)-(f), as amended, provides for the development and implementation of a School-Based Child and Family Team Initiative and Session Laws 2011-145, s. 10.15(a)-(f), established the initiative. See notes under G.S. 115C-105.20.

Students with Limited English Proficiency. - Session Laws 2007-323, s. 7.9(a), (b), as amended by Session Laws 2014-115, s. 87, provides: "(a) The State Board of Education shall develop guidelines for identifying and providing services to students with limited proficiency in the English language.

"The State Board shall allocate these funds to local school administrative units and to charter schools under a formula that takes into account the average percentage of students in the units or the charters over the past three years who have limited English proficiency. The State Board shall allocate funds to a unit or a charter school only if (i) average daily membership of the unit or the charter school includes at least 20 students with limited English proficiency or (ii) students with limited English proficiency comprise at least two and one-half percent (2.5%) of the average daily membership of the unit or charter school. For the portion of the funds that is allocated on the basis of the number of identified students, the maximum number of identified students for whom a unit or charter school receives funds shall not exceed ten and six-tenths percent (10.6%) of its average daily membership.

"Local school administrative units shall use funds allocated to them to pay for classroom teachers, teacher assistants, tutors, textbooks, classroom materials/instructional supplies/equipment, transportation costs, and staff development of teachers for students with limited English proficiency.

"A county in which a local school administrative unit receives funds under this section shall use the funds to supplement local current expense funds and shall not supplant local current expense funds.

"(b) The Department of Public Instruction shall prepare a current head count of the number of students classified with limited English proficiency by December 15 of each year.

"Students in the head count shall be assessed at least once every three years to determine their level of English proficiency. A student who scores 'superior' on the standard English language proficiency assessment instrument used in this State shall not be included in the head count of students with limited English proficiency."

For similar prior provisions, see Session Laws 2003-284, s. 7.15(b) and Session Laws 2005-276, s. 7.9(a), (b).

NC Virtual Public Schools Program. - Session Laws 2011-145, s. 7.22(a), (b), and (d)-(k), as amended by Session Laws 2012-142, s. 7.12, as amended by Session Laws 2013-360, s. 8.9(a), as amended by Session Laws 2014-115, s. 88, and as amended by Session Laws 2017-173, s. 6(a), provides: "(a) The North Carolina Virtual Public School (NCVPS) program shall report to the State Board of Education and shall maintain an administrative office at the Department of Public Instruction.

"(b) The Director of NCVPS shall ensure that students residing in rural and low-wealth county local school administrative units have access to e-learning course offerings in order to expand available instructional opportunities. E-learning instructional opportunities shall include courses required as part of the standard course of study for high school graduation and AP offerings not otherwise available.

"(d) The State Board of Education shall take the following steps to implement an allotment formula for NCVPS beginning with the 2011-2012 school year:

"(1) Project NCVPS student enrollment by semester and year-long course types for each local school administrative unit and charter school.

"(2) Establish a per course teacher payment structure for the instructional costs of NCVPS. In establishing this payment structure, the Board shall consider the following:

"a. The payment structure is based on a total compensation analysis to ensure NCVPS teacher pay has parity with similar programs. The total compensation analysis shall take into account salaries, benefits, and work effort to ensure valid comparisons between occupations.

"b. The effects any change in NCVPS teacher payments may have on the attraction and retention of NCVPS teachers.

"(3) Develop a per student fee structure for in-State students that is based on the per course teacher pay structure. The fee structure for in-State students shall ensure that the projected cost for local school administrative units and charter schools equals the projected instructional cost for NCVPS courses.

"(4) Multiply the per course fees for in-State students by the projected enrollment by course type to determine the total instructional cost for each local school administrative unit and charter school.

"(5) Transfer a dollar amount equal to seventy-five percent (75%) of the local school administrative unit's or charter school's projected instructional cost from the classroom teacher allotment to NCVPS.

"(6) Repealed by Session Laws 2013-360, s. 8.9(a), effective July 1, 2013.

"(7) Subtract the amount transferred pursuant to subdivision (5) of this subsection from the actual instructional cost for each unit or charter school and transfer the remaining dollar amount owed, up to a maximum of one hundred percent (100%) of the projected cost.

"(8) Develop and implement a policy regarding returning funds to local school administrative units and charter schools in cases where the amount transferred pursuant to subdivision (5) of this subsection exceeds the actual instructional costs.

"NCVPS shall use funds transferred to it to provide the NCVPS program at no cost to all students in North Carolina who are enrolled in North Carolina's public schools, Department of Defense schools, and schools operated by the Bureau of Indian Affairs.

"(e) In establishing the fee structure and payment structure for NCVPS, the State Board shall consider recommendations from the eLearning Commission and the NCVPS Advisory Board.

"(f) The State Board shall establish a separate per student tuition for out-of-state students, home-schooled students, and private school students, which shall be adjusted upward from the in-State student fee structure by an amount determined appropriate by the State Board.

"(g) The Board shall direct NCVPS to develop a plan to generate revenue from the sale of courses to out-of-state educational entities. Revenue generated by NCVPS shall be used to offset instructional costs to local school administrative units and charter schools. NCVPS shall submit its plan to the Board by September 15, 2011.

"(h) Beginning in 2011, the Director of NCVPS shall submit an annual report on NCVPS to the State Board of Education no later than December 15 of each year. The report shall use data from the previous fiscal year and shall include statistics on actual versus projected costs to local school administrative units and charter schools, student enrollment, virtual teacher salaries, and measures of academic achievement.

"The Director of NCVPS shall continue to ensure the following:

"(1) Course quality standards are established and met for courses developed by NCVPS.

"(2) Repealed by Sessions Laws 2017-173, s. 6(a).

"(3) All courses offered through NCVPS are aligned to the North Carolina Standard Course of Study.

"(i) The State Board of Education shall reduce each local school administrative unit's or charter school's classroom teacher allotment, or other allotment, as determined by the State Board of Education, on the basis of ADM in grades 6-12 to provide the sum of two million eight hundred sixty-six thousand nine hundred twenty-three dollars ($2,866,923) for the State-level operations and administration of NCVPS for the 2011-2012 fiscal year. The allotment reduction for State-level operations and administration shall continue in future fiscal years and be adjusted annually based upon the percentage growth in NCVPS enrollment, ensuring the expansion of services due to increased virtual student enrollment.

"(j) For fiscal year 2011-2012, the State Board of Education shall reduce each local school administrative unit's or charter school's classroom teacher allotment, or other allotment, as determined by the State Board of Education, on the basis of ADM in grades 6-12 to provide the sum of two million dollars ($2,000,000) in order to create an NCVPS enrollment reserve. The NCVPS enrollment reserve shall be used to cover the NCVPS instructional costs of local school administrative units or charter schools with enrollments exceeding projected NCVPS enrollment.

"Beginning in fiscal year 2012-2013, and annually thereafter, the State Board of Education shall reduce each local school administrative unit's or charter school's classroom teacher allotment, or other allotment, as determined by the State Board of Education, on the basis of ADM in grades 6-12 an amount that is the difference between two million dollars ($2,000,000) and the balance of the NCVPS enrollment reserve.

"Amounts available in the NCVPS enrollment reserve shall not revert.

"(k) The only funds that may be used for the instructional costs of NCVPS are the following:

"(1) Funds provided through the North Carolina Virtual Public Schools Allotment Formula.

"(2) Funds provided through the NCVPS enrollment reserve as set forth in this section.

"(3) Local funds.

"(4) Federal funds.

"(5) Special State Reserve Funds for Children and Youth with Disabilities.

"(6) ADM Contingency Reserve."

Academic Standards Review Commission. - Session Laws 2014-78, s. 2, provides: "(a) There is established the Academic Standards Review Commission. The Commission shall be located administratively in the Department of Administration but shall exercise all its prescribed powers independently of the Department of Administration.

"(b) The Commission shall be composed of 11 members as follows:

"(1) Four members appointed by the President Pro Tempore of the Senate. The President Pro Tempore shall consider, but is not limited to, appointing representatives from the following groups in these appointments: parents of students enrolled in the public schools; Mathematics and English Language Arts teachers; Mathematics and English Language Arts curriculum experts; school leadership to include principals and superintendents; members of the business community; and members of the postsecondary education community who are qualified to assure the alignment of standards to career and college readiness.

"(2) Four members appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives shall consider, but is not limited to, appointing representatives from the following groups in these appointments: parents of students enrolled in the public schools; Mathematics and English Language Arts teachers; Mathematics and English Language Arts curriculum experts; school leadership to include principals and superintendents; members of the business community; and members of the postsecondary education community who are qualified to assure the alignment of standards to career and college readiness.

"(3) Two members of the State Board of Education as follows: (i) the Chair or the Chair's designee and (ii) a member appointed by the Chair, representing the State Board's Task Force on Summative Assessment.

"(4) One member appointed by the Governor.

"No individual serving in a statewide elected office or as a member of the General Assembly shall be appointed to the Commission. The Commission shall meet on the call of the Chair of the State Board of Education no later than September 1, 2014. The cochairs of the Commission shall be elected during the first meeting from among the members of the Commission by the members of the Commission.

"(c) The Commission shall:

"(1) Conduct a comprehensive review of all English Language Arts and Mathematics standards that were adopted by the State Board of Education under G.S. 115C-12(9c) and propose modifications to ensure that those standards meet all of the following criteria:

"a. Increase students' level of academic achievement.

"b. Meet and reflect North Carolina's priorities.

"c. Are age-level and developmentally appropriate.

"d. Are understandable to parents and teachers.

"e. Are among the highest standards in the nation.

"(2) As soon as practicable upon convening, and at any time prior to termination, recommend changes and modifications to these academic standards to the State Board of Education.

"(3) Recommend to the State Board of Education assessments aligned to proposed changes and modifications that would also reduce the number of high-stakes assessments administered to public schools.

"(4) Consider the impact on educators, including the need for professional development, when making any of the recommendations required in this section.

"The Commission shall assemble content experts to assist it in evaluating the rigor of academic standards. The Commission shall also involve interested stakeholders in this process and otherwise ensure that the process is transparent.

"(d) The Commission shall meet upon the call of the cochairs. A quorum of the Commission shall be nine members. Any vacancy on the Commission shall be filled by the appointing authority. The Commission shall hold its first meeting no later than September 1, 2014.

"(e) To the extent that funds are available, the Commission may contract for professional, clerical, and consultant services. Professional and clerical staff positions for the Commission may be filled by persons whose services are loaned to the Commission to fulfill the work of the Commission.

"(f) The Department of Administration shall provide meeting rooms, telephones, office space, equipment, and supplies to the Commission and shall be reimbursed from the Commission's budget, to the extent that funds are available.

"(g) To the extent that funds are available, the Commission members shall receive per diem, subsistence, and travel allowances in accordance with G.S. 138-5, 138-6, or 120-3.1, as appropriate.

"(h) Upon the request of the Commission, all State departments and agencies and local governments and their subdivisions shall furnish the Commission with any information in their possession or available to them.

"(i) The Commission shall make a final report of its findings and recommendations to the State Board of Education, the Joint Legislative Education Oversight Committee, and the 2016 Session of the 2015 General Assembly. The Commission shall terminate on December 31, 2015, or upon the filing of its final report, whichever occurs first."

Session Laws 2015-7, s. 4, provides: "The General Assembly finds that considerable resources have already been expended to allow teachers and members of the public to make known their opinions and concerns surrounding adoption of academic standards. Specifically, the General Assembly finds that (i) on March 20, 2014, a Legislative Research Commission committee heard more than two hours of comment from stakeholders and interested members of the public on the subject; and (ii) on October 20, 2014, the Department of Public Instruction surveyed every public school teacher in the State on the subject. Accordingly, funds transferred pursuant to Section 2 of this act shall not be used by the Academic Standards Review Commission to conduct any survey related to the adoption of academic standards or to contract for the performance of such a survey by any third party."

Session Laws 2015-7, s. 5, provides: "Notwithstanding any other provision of law, the Academic Standards Review Commission is subject to the Public Records Act, Chapter 132 of the General Statutes, and the Open Meetings Law, Article 33C of Chapter 143 of the General Statutes. Additionally, the Commission shall have the duty to comply with all of the following:

"(1) All minutes, agendas, handouts, and presentations created during the course of the Commission's work, and any audio recordings of the Commission's meetings, shall be published on the Commission's Web site.

"(2) All official meetings, as that term is defined in G.S. 143-318.10, of the Commission shall be streamed live over the Internet in a manner that allows members of the public to listen to the proceedings."

For similar prior provisions, see Session Laws 2005-276, s. 7.41(a)-(e).

Third Grade Read to Achieve Teacher Bonus Program. - Session Laws 2016-94, s. 9.7(a)-(e), as amended by Session Laws 2017-57, s. 8.8B(c), provides: "(a) The State Board of Education shall establish the Third Grade Read to Achieve Teacher Bonus Program (program) to reward teacher performance and encourage student learning and improvement. To attain this goal, the Department of Public Instruction shall administer bonus pay to teachers who have an Education Value-Added Assessment System (EVAAS) student growth index score for third grade reading from the previous school year, beginning with the data from the 2015-2016 school year, as follows:

"(1) Of the funds appropriated for the program, five million dollars ($5,000,000) shall be allocated for bonuses to teachers who are in the top twenty-five percent (25%) of teachers in the State according to the EVAAS student growth index score for third grade reading from the previous year. These funds shall be allocated equally among qualifying teachers.

"(2) Of the funds appropriated for the program, five million dollars ($5,000,000) shall be allocated to pay bonuses to teachers who are in the top twenty-five percent (25%) of teachers in their respective local school administrative units according to the EVAAS student growth index score for third grade reading from the previous year. These funds shall be split proportionally based on average daily membership for each local school administrative unit and then distributed equally among qualifying teachers in each local school administrative unit, subject to the following conditions:

"a. Teachers employed in charter schools and regional schools are not eligible to receive a bonus under this subdivision.

"b. Any teacher working in a local school administrative unit that employs three or fewer third grade teachers shall receive a bonus under this subdivision if that teacher has an EVAAS student growth index score for third grade reading from the previous school year that exceeds expected growth.

"(3) For EVAAS student growth index score data collected during the 2015-2016 school year and the 2016-2017 school year, bonuses awarded pursuant to subdivisions (1) and (2) of this subsection are payable in January of 2017 and January of 2018, respectively, to qualifying teachers who remain employed teaching in the same local school administrative unit at least from the school year the data is collected until the corresponding school year that the bonus is paid.

"(4) A teacher who is eligible to receive a bonus under both subdivisions (1) and (2) of this subsection shall receive both bonuses. The bonus or bonuses awarded to a teacher pursuant to this subsection shall be in addition to any regular wage or other bonus the teacher receives or is scheduled to receive.

"(b) Notwithstanding G.S. 135-1(7a), the compensation bonuses awarded by this section are not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System.

"(c) The State Board of Education shall study the effect of the program on teacher performance and retention. The State Board shall report the results of its findings, the distribution of statewide bonuses as among local school administrative units, and the distribution of bonuses within local school administrative units as among individual schools to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division on March 15 of each year.

"(d) For the 2017-2018 fiscal year only, the Director of the Budget shall also include in the Base Budget, as defined by G.S. 143C-1-1(d)(1c), the amount of nonrecurring funds needed to support the program.

"(e) This section expires June 30, 2018."

Session Laws 2017-57, s. 8.8C(a)-(d), as amended by Session Laws 2017-197, s. 2.10(b), and Session Laws 2018-5, s. 8.10(d), provides: "(a) It is the intent of the State to reward teacher performance and encourage student learning and improvement. To attain this goal, the Department of Public Instruction shall administer the Third Grade Read to Achieve Teacher Bonus Program (program) to qualifying teachers who have an Education Value-Added Assessment System (EVAAS) student growth index score for third grade reading from the previous school year, as follows:

"(1) For purposes of this section, the following definitions shall apply:

"a. Eligible Teacher. - A teacher who meets one or both of the following criteria:

"1. Is in the top twenty-five percent (25%) of teachers in the State according to the EVAAS student growth index score for third grade reading from the previous school year.

"2. Is in the top twenty-five percent (25%) of teachers in the teacher's respective local school administrative unit according to the EVAAS student growth index score for third grade reading from the previous school year.

"b. Qualifying Teacher. - An eligible teacher who remains teaching in the same local school administrative unit or, if the teacher is not employed in a local school administrative unit, remains teaching in the same school at least from the school year the data for the EVAAS student growth index score for third grade reading is collected until January 1 of the school year a bonus provided under this subsection is paid.

"(2) Of the funds appropriated for this program, the sum of five million dollars ($5,000,000) shall be allocated for bonuses to eligible teachers under sub-sub-subdivision (1)a.1. of this subsection. Funds appropriated for this purpose shall be distributed equally among qualifying teachers.

"(3) Of the funds appropriated for this program, the sum of five million dollars ($5,000,000) shall be allocated for bonuses to eligible teachers under sub-sub-subdivision (1)a.2. of this subsection. Funds allocated for this bonus shall be divided proportionally based on average daily membership in third grade for each local school administrative unit and then distributed equally among qualifying teachers in each local school administrative unit, subject to the following conditions:

"a. Teachers employed in charter schools, regional schools, and University of North Carolina laboratory schools are not eligible to receive a bonus under this subdivision.

"b. Any qualifying teacher who taught in a local school administrative unit that employed in the previous school year three or fewer total third grade teachers shall receive a bonus under this subdivision if that teacher has an EVAAS student growth index score for third grade reading from the previous school year of exceeded expected growth.

"(4) Bonuses awarded pursuant to subdivisions (2) and (3) of this subsection are payable in January to qualifying teachers based on EVAAS student growth index score data from the previous school year.

"(5) A qualifying teacher may receive a bonus under both subdivisions (2) and (3) of this subsection.

"(6) The bonus or bonuses awarded to a qualifying teacher pursuant to this section shall be in addition to any regular wage or other bonus the teacher receives or is scheduled to receive.

"(7) A bonus awarded pursuant to either subdivision (2) or subdivision (3) of this subsection shall not exceed three thousand five hundred dollars ($3,500) in any given school year. No teacher shall receive more than seven thousand dollars ($7,000) in total bonus compensation for any given school year.

"(b) Notwithstanding G.S. 135-1(7a), the bonuses awarded by this section are not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System.

"(c) The State Board of Education shall study the effect of the bonuses awarded pursuant to this section and Section 9.7 of S.L. 2016-94, as amended by Section 8.8B of this act, on teacher performance and retention. The State Board shall report the results of its findings, the distribution of statewide bonuses as among local school administrative units, and the distribution of bonuses within local school administrative units as among individual schools to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division by March 15 of each year.

"(d) This section applies for bonuses awarded in January 2019 and 2020, based on data from the 2017-2018 and 2018-2019 school years, respectively."

Fourth and Fifth Grade Reading Teacher Bonus Program. - Session Laws 2017-57, s. 8.8D(a)-(c), as amended by Session Laws 2018-5, s. 8.11(a), provides: "(a) It is the intent of the State to reward teacher performance and encourage student learning and improvement. To attain this goal, the Department of Public Instruction shall administer the Fourth and Fifth Grade Reading Teacher Bonus Program (program) to qualifying teachers who have an Education Value-Added Assessment System (EVAAS) student growth index score for fourth or fifth grade reading from the previous school year, as follows:

"(1) For purposes of this section, the following definitions shall apply:

"a. Eligible Teacher. - A teacher who meets one or both of the following criteria:

"1. Is in the top twenty-five percent (25%) of teachers in the State according to the EVAAS student growth index score for fourth or fifth grade reading from the previous school year.

"2. Is in the top twenty-five percent (25%) of teachers in the teacher's respective local school administrative unit according to the EVAAS student growth index score for fourth or fifth grade reading from the previous school year.

"b. Qualifying Teacher. - An eligible teacher who remains teaching in the same local school administrative unit or, if the teacher is not employed in a local school administrative unit, remains teaching in the same school at least from the school year the data for the EVAAS student growth index score is collected until January 1 of the school year a bonus provided under this subsection is paid.

"(2) Of the funds appropriated for this program, the Department of Public Instruction shall allocate the sum of four million two hundred ninety-eight thousand seven hundred thirty-eight dollars ($4,298,738) to award a bonus in the amount of two thousand dollars ($2,000) to each qualifying teacher who is an eligible teacher under sub-sub-subdivision (1)a.1. of this subsection.

"(3) Of the funds appropriated for this program, the Department of Public Instruction shall allocate the sum of four million two hundred ninety-eight thousand seven hundred thirty-eight dollars ($4,298,738) to award a bonus in the amount of two thousand dollars ($2,000) to each qualifying teacher who is an eligible teacher under sub-sub-subdivision (1)a.2. of this subsection, subject to the following conditions:

"a. Teachers employed in charter schools, regional schools, and University of North Carolina laboratory schools are not eligible to receive a bonus under this subdivision.

"b. Any qualifying teacher who taught in a local school administrative unit that employed in the previous school year three or fewer total teachers in the qualifying teacher's grade level shall receive a bonus under this subdivision if that teacher has an EVAAS student growth index score for fourth or fifth grade reading from the previous school year of exceeded expected growth.

"(4) Bonuses awarded pursuant to subdivisions (2) and (3) of this subsection are payable in January to qualifying teachers based on EVAAS student growth index score data from the previous school year.

"(5) A qualifying teacher may receive a bonus under both subdivisions (2) and (3) of this subsection.

"(6) The bonus or bonuses awarded to a qualifying teacher pursuant to this section shall be in addition to any regular wage or other bonus the teacher receives or is scheduled to receive.

"(7) No teacher shall receive more than two bonuses pursuant to this section.

"(b) Notwithstanding G.S. 135-1(7a), the bonuses awarded by this section are not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System.

"(c) The State Board of Education shall study the effect of the bonuses awarded pursuant to this section on teacher performance and retention. The State Board shall report the results of its findings, the distribution of statewide bonuses as among local school administrative units, and the distribution of bonuses within local school administrative units as among individual schools to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division by March 15 of each year bonuses are awarded."

Fourth to Eighth Grade Math Teacher Bonus Program. - Session Laws 2017-57, s. 8.8E(a)-(c), as amended by Session Laws 2018-5, s. 8.12(a), provides: "(a) It is the intent of the State to reward teacher performance and encourage student learning and improvement. To attain this goal, the Department of Public Instruction shall administer the Fourth to Eighth Grade Mathematics Teacher Bonus Program (program) to qualifying teachers who have an Education Value-Added Assessment System (EVAAS) student growth index score for fourth, fifth, sixth, seventh, or eighth grade mathematics from the previous school year, as follows:

"(1) For purposes of this section, the following definitions shall apply:

"a. Eligible Teacher. - A teacher who meets one or both of the following criteria:

"1. Is in the top twenty-five percent (25%) of teachers in the State according to the EVAAS student growth index score for fourth, fifth, sixth, seventh, or eighth grade mathematics from the previous school year.

"2. Is in the top twenty-five percent (25%) of teachers in the teacher's respective local school administrative unit according to the EVAAS student growth index score for fourth, fifth, sixth, seventh, or eighth grade mathematics from the previous school year.

"b. Qualifying Teacher. - An eligible teacher who remains teaching in the same local school administrative unit or, if the teacher is not employed in a local school administrative unit, remains teaching in the same school at least from the school year the data for the EVAAS student growth index score is collected until January 1 of the school year a bonus provided under this subsection is paid.

"(2) Of the funds appropriated for this program, the Department of Public Instruction shall allocate the sum of seven million one hundred fifty-one thousand two hundred sixty-two dollars ($7,151,262) to award a bonus in the amount of two thousand dollars ($2,000) to each qualifying teacher who is an eligible teacher under sub-sub-subdivision (1)a.1. of this subsection.

"(3) Of the funds appropriated for this program, the Department of Public Instruction shall allocate the sum of seven million one hundred fifty-one thousand two hundred sixty-two dollars ($7,151,262) to award a bonus in the amount of two thousand dollars ($2,000) to each qualifying teacher who is an eligible teacher under sub-sub-subdivision (1)a.2. of this subsection, subject to the following conditions:

"a. Teachers employed in charter schools, regional schools, and University of North Carolina laboratory schools are not eligible to receive a bonus under this subdivision.

"b. Any qualifying teacher who taught in a local school administrative unit that employed in the previous school year three or fewer total teachers in the qualifying teacher's grade level shall receive a bonus under this subdivision if that teacher has an EVAAS student growth index score for fourth, fifth, sixth, seventh, or eighth grade mathematics from the previous school year of exceeded expected growth.

"(4) Bonuses awarded pursuant to subdivisions (2) and (3) of this subsection are payable in January to qualifying teachers based on EVAAS student growth index score data from the previous school year.

"(5) A qualifying teacher may receive a bonus under both subdivisions (2) and (3) of this subsection.

"(6) The bonus or bonuses awarded to a qualifying teacher pursuant to this section shall be in addition to any regular wage or other bonus the teacher receives or is scheduled to receive.

"(7) No teacher shall receive more than two bonuses pursuant to this section.

"(b) Notwithstanding G.S. 135-1(7a), the bonuses awarded by this section are not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System.

"(c) The State Board of Education shall study the effect of the bonuses awarded pursuant to this section on teacher performance and retention. The State Board shall report the results of its findings, the distribution of statewide bonuses as among local school administrative units, and the distribution of bonuses within local school administrative units as among individual schools to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division by March 15 of each year bonuses are awarded."

Adjustment of Average Daily Membership Due to Hurricane Florence for 2018-2019 School Year. - Session Laws 2018-136, 3rd Ex. Sess., s. 5.1, provides: "Notwithstanding any other provision of law, in allocating funds for the 2018-2019 fiscal year, the State Board of Education shall adjust the allotted average daily membership (ADM) of public school units for the 2018-2019 school year in a manner that will assist units impacted by Hurricane Florence as follows: Allotment adjustments for ADM decreases shall be based on the highest of the first four months' ADM for public school units located in counties designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L. 93-288) as a result of Hurricane Florence.

"Consistent with the Allotment Adjustments for ADM Growth provisions of the NC Public Schools Allotment Policy Manual applicable for the 2018-2019 school year, local school administrative units are encouraged to apply for additional funding to address needs related to extraordinary ADM growth due to an influx of displaced students as a result of Hurricane Florence.

"If the State Board of Education does not have sufficient resources in the ADM Contingency Reserve line item to make allotment adjustments in accordance with this section, the State Board of Education may use funds appropriated to State Aid for Public Schools for this purpose.

"For the purposes of this section, 'public school unit' is defined as a local school administrative unit, regional school, innovative school, laboratory school, charter school, or residential school for the deaf or the blind."

Session Laws 2018-136, 3rd Ex. Sess., s. 5.2, provides: "The funds allocated to the Department of Public Instruction in this act shall not be subject to approval by the State Board of Education."

Editor's Note. - G.S. 115C-64.4, referred to in subdivision (20), has been repealed.

The section above was amended by Session Laws 1999-237, s. 8.25(d), Session Laws 1999-243, s. 5, and Session Laws 1999-397, s. 3, in the coded bill drafting format provided by G.S. 120-20.1. The amendment to subdivision (24) by Session Laws 1999-397, s. 3, included paragraphs in a different order. Subdivision (24) has been set out in the form above at the direction of the Revisor of Statutes.

Subdivision (28) was so designated at the direction of the Reviser of Statutes, the designation in Session Laws 1997-507, s. 3, having been subdivision (27).

Session Laws 1985, c. 479, which rewrote paragraph (9)c of this section, provided in ss. 55(c)(8) and (c)(9):

"(8) Nothing in this subsection creates any rights except to the extent that funds are appropriated by the State and the units of local government to implement the provisions of this subsection and the Basic Education Program.

"(9) This subsection shall apply to all school years beginning with the 1985-86 school year."

Session Laws 1997-221, s. 32, provides: "This act shall not be construed to obligate the General Assembly to appropriate any funds to implement the provisions of this act. Nothing in Sections 16 through 25 or Sections 28 through 30 of this act shall be construed to create any rights or causes of action."

Session Laws 2005-276, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2005'."

Session Laws 2005-276, s. 46.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2005-2007 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2005-2007 fiscal biennium."

Session Laws 2005-276, s. 46.5, is a severability clause.

Session Laws 2005-276, s. 7.61(a) and (b), as amended by Session Laws 2010-31, s. 7.22(d), provides: "(a) Funds appropriated for the At-Risk/Alternative Schools allotment and the Improving Student Accountability allotment shall be used consistent with the policies and procedures adopted by the State Board of Education. Priority for use of the funds shall be to (i) provide instructional positions or instructional support positions and/or professional development; (ii) provide intensive in-school and/or after-school remediation; and (iii) purchase diagnostic software and progress monitoring tools.

"(b) To remain eligible for funds appropriated for the At-Risk/Alternative Schools allotment and the Improving Student Accountability allotment, local school administrative units must submit a report to the State Board of Education by October 31 of each year detailing the expenditure of the funds and the impact of these funds on student achievement."

Subdivision (24), as amended by Session Laws 2005-446, s. 1, effective September 29, 2005, is applicable to any new alternative learning program or alternative school to be implemented beginning with the 2006-2007 school year.

Session Laws 2005-446, s. 5, provides: "Nothing in this act requires the North Carolina General Assembly to appropriate funds for the implementation of alternative learning programs or alternative schools."

Session Laws 2005-457, s. 2, provided: "The State Board of Education may use 'Eat Smart: North Carolina's Recommended Standards for All Foods Available in School' and the 'United States Dietary Guidelines' as references for establishing the nutrition standards under Section 1 of this act. In addition to the elementary school pilots established by Section 7.17 of S.L. 2004-124, the nutrition standards will also be piloted prior to statewide implementation in a minimum of eight middle schools and eight high schools at a time to be determined by the State Board of Education. The pilots shall be conducted in a manner that will hold the child nutrition program of a participating local school administrative unit financially harmless for its participation in the pilot project. It shall be the responsibility of the Child Nutrition Services Section of the Department of Public Instruction to oversee the pilot project, collect data from the pilots, interpret the data, and develop written guidance based on the outcomes of the pilots. The Child Nutrition Services Section of the Department of Public Instruction shall modify the nutrition standards as needed based on several criteria, including, but not limited to, the results of the pilot projects, current science, best practices in the food and beverage industry, and the availability and affordability of new foods and beverages. The Child Nutrition Services Section of the Department of Public Instruction shall monitor the progress of each local school administrative unit toward achieving the nutrition standards and shall provide technical assistance and training as needed to assist local school administrative units in implementing the nutrition standards. The Child Nutrition Services Section of the Department of Public Instruction shall report annually on the progress of each local school administrative unit to the State Board of Education and to the Joint Legislative Education Oversight Committee." Session Laws 2013-226, s. 6, repealed Session Laws 2005-457, s. 2, effective July 3, 2013, and applicable beginning with the 2013-2014 school year.

Session Laws 2006-143, s. 1, added a new subdivision (33). It has been redesignated as subdivision (34) at the direction of the Revisor of Statutes.

Session Laws 2006-143, s. 3 provides: "Nothing in this act shall be construed to create a private cause of action against the State Board of Education, a local board of education, or their agents or employees."

Session Laws 2007-277, s. 1, provides: "(a) The State Board of Education, in cooperation with The University of North Carolina Board of Governors and the State Board of Community Colleges, shall develop a framework for a Reaching One's Potential for Excellence (ROPE) Scholars Program. The purpose of the ROPE Scholars Pilot Program shall be (i) to strengthen middle grades education in order to provide students with the opportunity to graduate from high school with the core academic skills needed for postsecondary education and high-skilled employment, and (ii) thereby to reduce the high school dropout rate, increase high school and college graduation rates, and decrease the need for remediation in institutions of higher education.

"The framework for the ROPE Scholars Program shall require participating schools to have or be afforded access to high speed, broadband Internet resources and to use SAS EVAAS (Education Value Added Assessment System) or a comparable software system to track student academic progress over time.

"(b) It is the intent of the ROPE Scholars Program to:

"(1) Reduce class size to one teacher to every 17 students;

"(2) Provide annual salary incentives of up to five thousand dollars ($5,000) to teachers certified in any high-need subject matter area or to support personnel;

"(3) Provide a coordinator position at each participating school to assist in community and parental support;

"(4) Encourage students participating in the program, through agreements executed between the local school administrative unit and students and their parents or guardians, to:

"a. Maintain a ninety-five percent (95%) attendance rate each year;

"b. Achieve a minimum of a 'B' average;

"c. Take the PSAT and the SAT or the ACT and achieve an adequate score, as determined by the State Board of Education;

"d. Meet the standards for admission established by the Board of Governors of The University of North Carolina;

"e. Engage in community service work each month during the school year for the number of hours determined by the State Board of Education; and

"f. Evidence good character by not engaging in unlawful conduct.

"(5) Provide students who successfully participate in the program with college scholarships.

"(c) The State Board of Education shall develop a competitive process through which local school administrative units may apply to participate in the pilot program. The State Board shall select three units from different geographic areas of the State, one of which shall be urban and one of which shall be rural. The Program shall be implemented beginning with the 2009-2010 school year.

"(d) The State Board of Education shall develop a process to evaluate the effectiveness of the Program.

"(e) The State Board of Education shall deliver a draft proposed framework to the Joint Legislative Education Oversight Committee by October 15, 2007, and a final proposal to the same committee by December 15, 2007. The report shall include the cost of implementing the pilot program and shall indicate the State laws, rules, and policies that would preclude the implementation of the pilot."

Session Laws 2007-323, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2007'."

Session Laws 2007-323, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2007-2009 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2007-2009 fiscal biennium."

Session Laws 2007-323, s. 32.5, is a severability clause.

Session Laws 2007-409, s. 1, provides: "The State Board of Education shall adopt a policy that requires:

"(1) Teachers of grades kindergarten through eight to take three renewal credits in their academic subject areas, including strategies to teach those subjects, during each five-year license renewal cycle and

"(2) Teachers in grades nine through twelve to take three credits in their academic subject areas, including strategies to teach those subjects, during each five-year license renewal cycle.

"For teachers who are in the fourth or fifth year of their current five-year license renewal cycle, this policy shall apply beginning with the first year of their next five-year license renewal cycle. The State Board may provide for exceptions to this policy for teachers seeking certification or renewal of certification by the National Board for Professional Teaching Standards."

Session Laws 2007-445, s. 1(a)-(c) provides: "(a) The State Board of Education shall designate schools which meet two or more of the following criteria as high-need schools:

"(1) More than forty-five percent (45%) of students perform at Level 1 or Level 2 on end-of-grade or end-of-course tests,

"(2) Teacher turnover rate is greater than twenty-five percent (25%), or

"(3) More than eighty percent (80%) of students qualify for free or reduced-price lunches.

"(b) Beginning with the 2008-2009 school year, to ensure that the schools designated as high-need schools by the State Board of Education have the high quality staff and the additional support they need, the following modifications to law, policy, or both shall apply:

"(1) National Board Certified Teachers who serve as mentors, literacy coaches, or in other nonadministrative instructional leadership positions at these schools shall retain the twelve percent (12%) salary increment for NBPTS certification, notwithstanding G.S. 115C-296.2.

"(2) National Board Certified Teachers, teachers of the year, and other categories of accomplished teachers designated by the State Board of Education shall be given the academic freedom at these schools to use research-based practices in the classroom that go beyond the standard course of study.

"(c) The State Board of Education shall consider the following strategies to ensure that the high-need schools have the high quality staff and the additional support they need and shall report by January 15, 2008, to the Joint Legislative Education Oversight Committee on the cost of implementing for the 2008-2009 fiscal year:

"(1) Adding additional teacher positions at these schools to reduce class size.

"(2) Providing incentives to attract National Board Certified Teachers to these schools.

"(3) Employing teachers at these schools for 11 months. These teachers shall use the extra month of employment for curriculum development, staff development, and planning for the next school year."

Session Laws 2007-453, ss. 1-3, as amended by Session Laws 2010-31, s. 7.22(b), provide: "1. The State Board of Education shall establish a pilot program authorizing the implementation of alternative teacher salary plans. The purpose of the pilot program is to enable local school administrative units to develop and implement new and innovative teacher salary plans that will improve student performance by financially rewarding teachers through performance pay plans, recruiting teachers to the school unit, and recruiting teachers to hard-to-fill positions in specific subject areas. The State Board of Education may select up to five local school administrative units to participate in the pilot program.

"2. Local school administrative units applying to participate in the pilot program shall submit to the State Board of Education a business plan adopted by the local board of education. The business plan shall:

"(1) Explain in detail how additional flexibility regarding the use of salary funds will be used to accomplish specific improvements in student academic performance;

"(2) Describe the alternative methods to be used, the changes to existing practices proposed for the pilot, the incentives or alternative salary structure to be deployed, the expectations for teachers and other employees who participate in the pilot, the anticipated results, and the methods by which teachers and other employees will be evaluated;

"(3) Set out the laws, rules, and policies that must be waived to implement the business plan and the expected outcomes of waiving them;

"(4) Explain how the plan will be administered in a nondiscriminatory manner to assure fair and equitable treatment of all employees and employee groups participating in the pilot;

"(5) Include specific implementation, time line, management, performance, and reporting benchmarks;

"(6) Include statements of how teachers and other stakeholders were included in the development of the plan; and

"(7) Include a statement of how all teachers who will be directly participating in the plan conducted a verifiable secret ballot vote, a statement that the results of the vote were presented to the planning team and local board of education prior to the local board's consideration of the final plan, and a statement that the majority of teachers in the schools participating in the plan and the school administration team have agreed on the design of the plan.

"3. The State Board of Education may grant waivers of laws, rules, and policies to pilot units that are necessary to implement the business plans submitted by the pilot units."

Sections 4 through 6 of Session Laws 2007-453, which were formerly noted here, were repealed by Session Laws 2010-31, s. 7.22(b), effective July 1, 2010.

Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'."

Session Laws 2010-31, s. 7.5(c) and (g) were codified as G.S. 115C-12(25b) at the direction of the Revisor of Statutes, and subsequently repealed by Session Laws 2012-142, s. 7.13(d). Subdivision (25b) has been set out as repealed.

Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year."

Session Laws 2010-31, s. 32.6, is a severability clause.

Session Laws 2010-111, s. 1 was codified as G.S. 115C-12(25a) at the direction of the Revisor of Statutes.

Session Laws 2010-161, s. 2, provides that implementation of the guidelines developed as required in subdivision (37) shall begin with the 2011-2012 school year.

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'"

Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium."

Session Laws 2011-145, s. 32.5, is a severability clause.

Session Laws 2011-147, s. 1, provides: "This act may be known and cited as the Gfeller-Waller Concussion Awareness Act."

Session Laws 2011-147, s. 2(a) and (b), provides: "(a) The Matthew A. Gfeller Sport-Related Traumatic Brain Injury Research Center at UNC-Chapel Hill in consultation with the North Carolina Medical Society, the North Carolina Athletic Trainers Association, the Brain Injury Association of North Carolina, the North Carolina Neuropsychological Society, the North Carolina High School Athletic Association, Inc., and the Department of Public Instruction shall develop an athletic concussion safety training program. The program shall be developed for the use of coaches, school nurses, school athletic directors, volunteers, students who participate in interscholastic athletic activities in the public schools, and the parents of these students.

"(b) The program shall include, but not be limited to, the following:

"(1) Written information detailing the recognition of the signs and symptoms of concussions and other head injuries.

"(2) A description of the physiology and the potential short-term and long-term effects of concussions and other head injuries.

"(3) The medical return-to-play protocol for postconcussion participation in interscholastic athletic activities."

Subdivision (38) as added by Session Laws 2011-306, s. 3, was renumbered as (39) at the direction of the Revisor of Statutes.

Session Laws 2011-379, s. 1, provides: "This act shall be known as the 'School and Teacher Paperwork Reduction Act.'"

Session Laws 2011-379, s. 4, provides: "The Department of Health and Human Services, in consultation with the More at Four Program and the Smart Start Program, shall review all reporting requirements imposed on the public schools relating to the operations of the programs and child care regulation requirements. The Department of Health and Human Services shall reduce the frequency of reporting as appropriate, based upon the review and recommendation of the parties involved.

"The Department of Health and Human Services shall report to the General Assembly on its implementation of this section by October 1, 2011."

Session Laws 2011-391, s. 14(b), repealed Session Laws 2011-145, s. 7.13(a), which amended subdivision (26) by deleting "school improvement plans found to significantly improve student performance" in the last sentence.

Session Laws 2012-77, s. 7(a), provides: "Consistent with Section 7.8 of S.L. 2010-31, to continue the State's progress in increasing student achievement, graduation rates, and students' career- and college-readiness, by August 31, 2014, the State Board of Education shall implement the statewide education reform initiatives described in the State's successful Race to the Top application. These initiatives shall include the following:

"(1) Transition to new standards and assessments. - The State Board shall continue to provide for professional development designed to ensure that all teachers understand and are prepared to help students meet the new common core and essential standards, and are able to use related summative assessments effectively and appropriately to measure students' attainment of those standards.

"(2) Establishment of an Instructional Improvement System. - The State Board shall establish a statewide Instructional Improvement System that will use technology to provide portals for students, teachers, parents, and school and district administrators to access data and resources to inform decision making related to instruction, assessment, and career and college goals.

"(3) Establishment of the North Carolina education cloud technology infrastructure. - As the next wave of the successful School Connectivity Initiative, the State Board shall provide statewide shared education technology infrastructure, services, and tools for school districts and charter schools to achieve robust, reliable service and cost-effectiveness.

"(4) Full rollout and enhancement of the North Carolina Educator Evaluation System. - The State Board shall continue to provide professional development designed to ensure that all teachers and principals are prepared to use the statewide Educator Evaluation System, which is being enhanced through a collaborative, multiyear development process to include formal, standard measures of the extent to which educators facilitate growth in student achievement.

"(5) Provision of performance incentives to teachers in the lowest-achieving schools to improve recruitment and retention. - In order to improve recruitment and retention of effective teachers in the lowest-achieving schools, the State Board shall provide teachers in those schools opportunities to earn school and/or classroom-level incentives based on student performance.

"(6) Establishment of regional leadership academies. - The State Board shall establish three leadership academies to increase the number of principals qualified to lead transformational change in lowest-achieving schools in both rural and urban areas.

"(7) Expansion of teacher recruitment and licensure programs to support low-performing schools. - The State Board shall increase the number of Teach for America teachers in lowest-achieving districts and schools; establish the NC Teacher Corps, modeled after Teach for America, to further increase the number of effective teachers in lowest-achieving districts and schools; and establish a new Induction Support Program for New Teachers that will provide comprehensive support for novice teachers in low-achieving districts and schools.

"(8) Provision of effective teachers for schools through virtual and blended courses. - The State Board shall develop a model through which to develop and deploy virtual and blended Science, Technology, Engineering, and Math (STEM) courses to give students at risk of low performance in core math and science subjects access to effective teachers and innovative instructional approaches.

"(9) Provision of aligned professional development and establishment of professional development system. - The State Board shall do the following:

"a. Create, train, and support a cadre of teacher and principal professional development leaders to establish sustainable local and regional professional development capacity statewide.

"b. Develop resources (for workshops, professional learning communities, virtual courses, webinars, etc.) to support effective professional development activities.

"c. Provide professional development regarding new standards and assessments, teacher and principal evaluation tools, data literacy, and use of any new technology tools created through the Race to the Top initiatives.

"d. Expand online professional development infrastructure to provide high-quality online professional development accessible to all educators statewide.

"e. Evaluate professional development activities to determine the impact on teaching practices and student achievement, and to inform continuous improvement of professional development activities.

"(10) Expansion of District and School Transformation work to turn around the lowest-achieving schools. - The State Board shall expand its successful District and School Transformation services to reach more schools and districts needing intensive, multiyear support to build capacity for sustained improvement.

"(11) Establish STEM thematic high schools and network. - The State Board shall establish four STEM anchor schools, each focused on an area of North Carolina economic development, and use the anchor schools as centers for professional development, curriculum development, technology use, and innovation in order to support the spread of STEM focus in North Carolina schools."

Session Laws 2012-77, s. 7(b), provides: "The State Board of Education shall report to the Joint Education Oversight Committee by September 15, 2012, and semiannually thereafter through September 15, 2014, on the State Board's progress toward implementing the above initiatives."

Session Laws 2012-77, s. 7(c), provides: "This section expires July 1, 2014. The State Board of Education may continue any initiatives identified in this section if it receives continued funding for the initiatives."

Session Laws 2012-142, s. 7A.3(e), provides: "The State Board of Education shall award school performance scores and grades as required by G.S. 115C-12(9)c1. as follows:

"(1) The State Board of Education shall calculate school performance scores by totaling the sum of points earned by the school and converting the sum of points to a 100-point scale. Subdivisions (2) and (3) of this section provide the school performance elements for schools serving students in kindergarten through eighth grade. Subdivision (4) of this section provides the school performance elements for schools serving grades nine through twelve. The school performance score shall be used to determine the school performance grade based on the following scale:

"a. At least 90 performance grade points for an overall school performance grade of A.

"b. At least 80 performance grade points for an overall school performance grade of B.

"c. At least 70 performance grade points for an overall school performance grade of C.

"d. At least 60 performance grade points for an overall school performance grade of D.

"e. A school that accumulates fewer than 60 points shall be assigned an overall school performance grade of F.

"(2) For schools serving students in kindergarten through eighth grade, the overall school performance score shall be calculated based on the sum of three school performance elements.

"a. The score shall be calculated as follows:

"1. One point for each percent of students who score at or above proficient on annual assessments for mathematics in grades three through eight.

"2. One point for each percent of students who score at or above proficient on annual assessments for reading in grades three through eight.

"3. One point for each percent of students who score at or above proficient on annual assessments for science in grades five and eight.

"(3) For schools serving students in kindergarten through eighth grade, the school performance scores in reading and mathematics, respectively, shall be earned as follows:

"a. The literacy school performance score shall be based on the percent of students who score at or above proficient on annual assessments for reading assessments in grades three through eight.

"b. The mathematics school performance score shall be based on the percent of students who score at or above proficient on annual assessments for mathematics in grades three through eight.

"(4) The school performance score earned by schools serving students in ninth through twelfth grades shall be calculated based on the sum of seven school performance elements.

"a. The score shall be calculated as follows:

"1. One point for each percent of students who score at or above proficient on annual assessments for mathematics.

"2. One point for each percent of students who score at or above proficient on annual assessments for English.

"3. One point for each percent of students who score at or above proficient on annual assessments for biology.

"4. One point for each percent of students who complete a higher level mathematics class with a passing grade.

"5. One point for each percent of students who score at or above a level demonstrating college readiness on a nationally normed test of college readiness.

"6. One point for each percent of students who graduate within four years of entering high school.

"7. One point for each percent of students who demonstrate workplace readiness on a nationally normed test of workplace readiness.

"(5) In calculating the overall school performance score earned by schools, the State Board of Education shall proportionally adjust the scale to account for the absence of a school performance element for award of scores to a school that does not have a measure of one of the school performance elements annually assessed for the grades taught at that school.

"(6) The State Board of Education shall report to the Joint Legislative Education Oversight Committee annually by January 15 on recommended adjustments to the school performance grade elements and scales for award of scores and grades."

Session Laws 2013-360, s. 9.4(a), repealed Session Laws 2012-142, s. 7A.3(e), effective July 1, 2013.

Session Laws 2012-142, s. 7A.3(f), provides: "It is the intent of the General Assembly to add a student growth component to school performance grades."

Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'"

Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year."

Session Laws 2012-142, s. 27.7, is a severability clause.

Session Laws 2013-1, s. 1(b), as amended by Session Laws 2013-410, s. 16.1, as amended by Session Laws 2014-115, s. 89, as amended by Session Laws 2017-102, s. 48(d), and as amended by Session Laws 2019-165, s. 3.2(b), provides: 'The State Board of Education shall make high school diploma endorsements, as provided under this section, available to students graduating from high school beginning with the 2014-2015 school year. The State Board of Education shall report to the Joint Legislative Education Oversight Committee on the progress toward establishing specific college and career endorsements for high school diplomas and for awarding these endorsements by February 1, 2014.

Session Laws 2013-1, s. 3(a), (b), as amended by Session Laws 2014-115, s. 90, provides: "(a) The State Board of Education, in collaboration with the State Board of Community Colleges, shall develop strategies to increase the number of high school students engaging in career and technical education, especially in the areas of engineering and industrial technologies, and in other occupations with high numbers of employment opportunities. In developing these strategies, the Boards shall consider sharing of instructors, facilities, equipment, and business internship opportunities between the public schools and community colleges to facilitate these goals.

"(b) The State Board of Education and the State Board of Community Colleges shall jointly report to the Joint Legislative Education Oversight Committee by October 15, 2014, on progress made on developing strategies to increase student engagement in career and technical education, especially in engineering and industrial technologies, and in other occupations with high numbers of employment opportunities."

Session Laws 2013-11, s. 3, provides: "The State Board of Education shall develop digital teaching and learning competencies to provide a framework for schools of education, school administrators, and classroom teachers on the needed skills to provide high-quality, integrated digital teaching and learning."

Session Laws 2013-226, s. 8, provides: "To the extent allowed by federal law, the State Board of Education shall consolidate and limit reports to the State Board by local school administrative units on data related to economically disadvantaged students, including household size and income information, to one report each school year."

Session Laws 2013-226, s. 9(a)-(d), provides: "(a) The Department of Public Instruction shall simplify and minimize data entry requirements of local school administrative units to achieve the least burdensome administrative data entry workload possible, particularly as it relates to the implementation of the PowerSchool application and any other component of the Instructional Improvement System.

"(b) The Department of Public Instruction shall comply with G.S. 115C-12(19)(i) and not require as a separate submission at least all of the following reports to reduce unnecessary reporting requirements for local school administrative units:

"(1) The Principal's Monthly Report (PMR) Final, required by the 30th of each month.

"(2) The Teacher Vacancy Report, required by October 20th each year.

"(3) The Professional Personnel Activity Report (PPAR), required annually.

"(4) The Pupils in Membership by Race and Sex, required annually by October 31st.

"(5) The Report of School Sales of Textbooks and Used Books, required annually by October 31st.

"(6) The School Activity Report (SAR), required annually.

"(c) The Department of Public Instruction may collect any information contained in the reports eliminated in accordance with subsection (b) of this section that is necessary for compliance with State or federal law through the implementation of the PowerSchool application or any other component of the Instructional Improvement System.

"(d) Local school administrative units shall continue to be responsible for required data entry into the PowerSchool application or any other component of the Instructional Improvement System."

Session Laws 2013-360, s. 8.13, provides: "The State Board of Education shall not be subject to the requirements of Section 7.7(c) of this act for the development of school performance scores and grades in accordance with G.S. 115C-12(9)c1." Session Laws 2013-360, s. 7.7(c), pertains to limitations on sole sourcing, extensions of the period of performance, or expansion of the scope of existing state IT contracts. Session Laws 2013-360, s. 7.7(c) is noted in full under G.S. 143-135.9 and 147-86.11.

Session Laws 2013-360, s. 8.27(f), made the amendment to subdivision (9)c1 by Session Laws 2013-360, s. 8.27(a), applicable beginning with the 2013-2014 school year.

Session Laws 2013-360, s. 8.28(c), made subdivision (41), as added by Session Laws 2013-360, s. 8.28(a), applicable beginning with the 2013-2014 school year.

Session Laws 2013-360, s. 9.4(e), (f), as amended by Session Laws 2014-100, s. 8.30, provides: "(e) It is the intent of the General Assembly to provide clear information to the public regarding school performance. To this end, the State Board of Education shall do the following when providing information on school report cards as required by G.S. 115C-12(9)c1.:

(1) Solely use the school performance grade calculation method and resulting scores and grades as provided under G.S. 115C-83.15, as enacted by this section.

"(2) Include a description understandable by members of the general public of the school performance grade calculation method and resulting scores and grades.

"(f) The State Board of Education shall issue the first annual report cards under G.S. 115C-12(9)c1., as amended by this section, no earlier than January 15, 2015."

Session Laws 2013-360, s. 9.4(g), made the amendment to subdivisions (9)c1 and (24) by Session Laws 2013-360, s. 9.4(c), (d), applicable beginning with the 2013-2014 school year.

Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'"

Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium."

Session Laws 2013-360, s. 38.5, is a severability clause.

Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:

"(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.'

"(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.'

"(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.'"

Session Laws 2013-382, s. 9.1(c), provides: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary."

Session Laws 2013-382, s. 9.2, provides: "No action or proceeding pending on the effective date of this section, brought by or against the State Personnel Commission, the Director of the Office of State Personnel, or the Office of State Personnel, shall be affected by any provision of this section, but the same may be prosecuted or defended in the new name of the Commission, Director, and Office. In these actions and proceedings, the renamed Commission, Director, or Office shall be substituted as a party upon proper application to the courts or other public bodies."

Session Laws 2013-382, s. 9.3, provides: "Any business or other matter undertaken or commanded by the former State Personnel Commission, State Personnel Director, or Office of State Personnel regarding any State program, office, or contract or pertaining to or connected with their respective functions, powers, obligations, and duties that are pending on the date this act becomes effective may be conducted and completed by the Commission, Director, or Office in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the formerly named commission, director, or office."

Session Laws 2014-15, s. 3, as amended by Session Laws 2015-264, s. 82, provides, in part, that: "[T]he annual identification requirement for local school administrative units applies beginning with the 2015-2016 school year. Beginning in the 2016-2017 school year, and annually thereafter, the identification of military-connected students for all local school administrative units shall be completed by January 31 of each school year. Local school administrative units may begin the annual identification of military-connected students using the Uniform Education Reporting System beginning with the 2014-2015 school year." The following sentence, added to Session Laws 2014-15, s. 3, by Session Laws 2015-264, s. 82, has been codified as the last sentence in sub-subdivision (18)f. at the direction of the Revisor of Statutes: "Beginning in the 2016-2017 school year, and annually thereafter, the identification of military-connected students for all local school administrative units shall be completed by January 31 of each school year."

Session Laws 2014-78, in its preamble, provides: "Whereas, the North Carolina Constitution, Article IX, Section 5, directs the State Board of Education to supervise and administer a free public school system and make all needed rules and regulations in relation thereto, subject to laws enacted by the General Assembly; and

"Whereas, the North Carolina General Statutes direct the State Board of Education to adopt and modify academic standards for the public schools; and

"Whereas, the North Carolina General Statutes also grant local boards of education broad discretion and authority with respect to specific curricular decisions and academic programs, as long as they align with the standards adopted by the State Board of Education; and

"Whereas, North Carolina desires its academic standards to be among the highest in the nation; and

"Whereas, the adoption and implementation of demanding, robust academic standards is essential for providing high-quality education to our students and for fostering a competitive economy for the future of our State; and

"Whereas, North Carolina's standards must be age-level and developmentally appropriate; Now, therefore,"

Session Laws 2014-78, s. 1(a), provides: "The State Board of Education shall:

"(1) Continue to exercise its authority under the North Carolina Constitution and G.S. 115C-12(9c) to adopt academic standards for the public schools.

"(2) Conduct a comprehensive review of all English Language Arts and Mathematics standards adopted under G.S. 115C-12(9c) and propose modifications to ensure that those standards meet all of the following criteria:

"a. Increase students' level of academic achievement.

"b. Meet and reflect North Carolina's priorities.

"c. Are age-level and developmentally appropriate.

"d. Are understandable to parents and teachers.

"e. Are among the highest standards in the nation.

"(3) Not enter into any agreement, understanding, or contract that would cede control of the Standard Course of Study and related assessments. This requirement does not prohibit the use of national or international curricula, such as the Advanced Placement or International Baccalaureate programs.

"(4) Involve and survey a representative sample of parents, teachers, and the public to help determine academic content standards that meet and reflect North Carolina's priorities and the usefulness of the content standards.

"(5) Prior to making changes to the standards, consult with the Academic Standards Review Commission, which is established in Section 2 of this act."

Session Laws 2014-78, s. 1(b), provides: "Academic standards adopted by the State Board of Education under G.S. 115C-12(9c) shall continue to be named and referred to as the "North Carolina Standard Course of Study," reflecting emphasis on North Carolina's needs and priorities. The State Board of Education shall maintain and reinforce the independence of the North Carolina Standard Course of Study and related student assessments, rejecting usurpation and intrusion from federally mandated national or standardized controls."

Session Laws 2014-78, s. 3(b), provides: "The State Board of Education shall continue to develop and update the North Carolina Standard Course of Study in accordance with G.S. 115C-12(9c), including a review of standards in other states and of national assessments aligned with those standards, and shall implement the assessments the State Board deems most aligned to assess student achievement on the North Carolina Standard Course of Study, in accordance with Section 9.2(b) of S.L. 2013-360 and Section 5 of this act."

Session Laws 2014-78, s. 5, provides: "The State Board of Education shall report to the Joint Legislative Education Oversight Committee by July 15, 2015, on the acquisition and implementation of a new assessment instrument or instruments to assess student achievement on the academic standards adopted pursuant to G.S. 115C-12(9c). The State Board shall not acquire or implement the assessment instrument or instruments without the enactment of legislation by the General Assembly authorizing the purchase. The assessment instrument or instruments shall be nationally normed, aligned with the North Carolina Standard Course of Study, and field-tested. Examples of appropriate assessment models would include, but not be limited to, the Iowa Test of Basic Skills (ITBS), the Scholastic Aptitude Test (SAT), ACT Aspire, and the National Assessment of Educational Progress (NAEP)."

Session Laws 2014-78, s. 6, provides: "Local boards of education shall continue to provide for the efficient teaching of the course content required by the Standard Course of Study as provided under G.S. 115C-47(12). The current Standard Course of Study remains in effect until official notice is provided to all public school teachers, administrators, and parents or guardians of students enrolled in the public schools of any changes made in the Standard Course of Study by the State Board of Education."

Session Laws 2014-100, s. 8.30, provides: "The State Board of Education shall issue the first annual report cards under G.S. 115C-12(9)c1., as amended by this section, no earlier than January 15, 2015."

Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'"

Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year."

Session Laws 2014-100, s. 38.7, is a severability clause.

Session Laws 2014-104, s. 1, repealed Session Laws 2011-259, formerly noted under this section and implementing a three-year Dropout Recovery Pilot Program in New Hanover County Schools and other selected local school administrative units.

Session Laws 2014-104, s. 2, provides: "The State Board of Education shall establish a two-year Dropout Prevention and Recovery Pilot Program (Pilot Program). The State Board of Education shall select one charter school that has been approved by the State Board under G.S. 115C-238.29D to provide the educational services and programming for the Pilot Program. The purpose of the Pilot Program is to reengage students and increase the graduation rates in North Carolina through an educational program that provides flexible scheduling and a blended learning environment with individualized and self-paced learning options."

Session Laws 2014-104, s. 3, provides: "To be eligible to participate in the Pilot Program, the charter school's enrollment shall only include high school students who have (i) dropped out of high school or (ii) transferred from their high school to the charter school. For the purposes of this act, high school shall include ninth through twelfth grades. Transfer decisions shall be made by the student who is 18 years of age or older or the student's parents or guardians. The charter school, its affiliated charter management organization, or its education management organization must be accredited by the Southern Association of Colleges and Schools as an indicator of quality instructional programming. All teachers employed by the charter school participating in the Pilot Program shall be licensed teachers under G.S. 115C-296."

Session Laws 2014-104, s. 4, provides: "The charter school participating in the Pilot Program shall develop and implement an alternative accountability model that meets the guidelines adopted by the State Board of Education for alternative learning programs under G.S. 115C-12(24)."

Session Laws 2014-104, s. 5, provides: "For the charter school participating in the Pilot Program, the allotments and adjustments shall be made as provided in G.S. 115C-238.29H and shall be adjusted on the basis of the average daily membership in the fifth month of the school year."

Session Laws 2014-104, s. 6, provides: "Existing charter schools meeting the criteria as provided in this act may apply to participate in the Pilot Program no later than August 31, 2014. The State Board of Education shall select by September 30, 2014, the participant for the Pilot Program for the 2014-2015 and 2015-2016 school years."

Session Laws 2014-104, s. 7, provides: "The State Board of Education shall submit a report to the Joint Legislative Education Oversight Committee by March 15, 2016, on the outcomes of the Dropout Prevention and Recovery Pilot Program, including (i) the number of students who dropped out of high school, enrolled in the program, and completed a high school diploma, (ii) the results of the alternative accountability model, and (iii) the impact on the ADM Contingency Reserve. The report shall also include any recommendations to enhance the effectiveness and the efficiency of the Pilot Program funding and accountability models."

Session Laws 2014-104, s. 8, provides: "The Joint Legislative Education Oversight Committee shall report to the 2016 Regular Session of the 2015 General Assembly on necessary legislation to transition the Pilot Program into alternative charter schools serving high school students who have dropped out of high school."

Session Laws 2014-104, s. 8.5, provides: "The State Board of Education and the Charter Schools Advisory Board shall jointly report by December 15, 2014, to the General Assembly on the utilization of contracts for personnel services by local boards of education and charter school boards of directors. The report shall indicate both the purposes and the extent of such contracts prevalent in each local school administrative district and charter schools statewide."

Session Laws 2014-104, s. 9, provides: "This act is effective when it becomes law. The Pilot Program shall begin with the 2014-2015 school year and shall conclude at the end of the 2015-2016 school year."

Session Laws 2015-126, s. 2, provides: "This act is effective when it becomes law [June 29, 2015] and applies beginning with the annual report compiled in 2017 using data from the 2016-2017 school year. Beginning in 2016, the annual report compiled as required by G.S. 115C-12(22) shall be titled 'State of the Teaching Profession in North Carolina.' "

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2016-94, s. 8.23, provides: "The State Board of Education shall collaborate with the Friday Institute for Educational Innovation at North Carolina State University to continue the progress in implementing the Digital Learning Plan in North Carolina public schools by doing at least the following:

"(1) Coordinate the implementation of professional learning programs that support teachers and school administrators in transitioning to digital-age learning.

"(2) Manage statewide cooperative purchasing of content, including statewide shared resources for teachers to use for lesson planning and formative student assessments.

"(3) Develop infrastructure maintenance and support protocols.

"(4) Modify and update State policies to provide the support and flexibility necessary for local digital learning innovation.

"(5) Develop and maintain a continuous improvement process.

"(6) Create assessments for technological and pedagogic skills and identify best practices from those assessments."

Session Laws 2016-94, s. 8.32(j), made subdivision (45), as added by Session Laws 2016-94, s. 8.32(a), effective July 14, 2016, and applicable beginning with the 2016-2017 school year.

Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'"

Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year."

Session Laws 2016-94, s. 39.7, is a severability clause.

Session Laws 2016-126, 4th Ex. Sess., s. 42, is a severability clause.

Session Laws 2017-57, s. 7.23A(a), provides: "The State Board of Education and the Department of Public Instruction, in collaboration with the Friday Institute at North Carolina State University, shall expand the School Connectivity Initiative client network engineering to include cybersecurity and risk management services supporting local school administrative units and charter schools. The expansion shall include the following:

"(1) Continuous monitoring and risk assessment. - Cloud-based solutions to discover assets, assess their security posture, and recommend corrective actions based on real-world risk reduction.

"(2) Security advisory and consulting services. - Five regional security consultants working with schools to assess security posture and develop and implement improvement plans. The plans shall include security policy, building security programs, implementing effective security controls, and ongoing support for operating security governance.

"(3) Security training and education services. - Security training and education for teachers, staff, and administrators."

Session Laws 2017-57, s. 7.23K(a)-(c), as amended by Session Laws 2018-5, s. 7.7, provides: "(a) As part of continuing the implementation of the Digital Learning Plan in North Carolina in accordance with Section 8.23 of S.L. 2016-94, the State Board of Education, the Department of Public Instruction, the Friday Institute for Educational Innovation at North Carolina State University (Friday Institute), and The University of North Carolina educator preparation programs shall collaborate to develop and implement a comprehensive professional development strategy and solution for teachers and for students in UNC educator preparation programs for the use of technology and digital resources as teaching tools for K-12 students. Specifications for any products and services that are required to implement the professional development strategy and solution, including selection of a professional development provider, if necessary, shall be procured through a competitive process. The professional development strategy and solution shall include the following:

"(1) Competency-based measurement of the technological and pedagogical skills of each teacher or teacher candidate that identifies strengths and gaps according to the NC Digital Learning Competencies for Educators and informs the use of a personalized professional development plan.

"(2) Delivery of professional development that is flexible to ensure the greatest possible coverage and convenience for teachers and teacher candidates.

"(b) The State Board of Education, the Department of Public Instruction, the Friday Institute, UNC educator preparation programs, and local boards of education of local school administrative units located within counties determined to be the most economically distressed by the Department of Commerce shall collaborate to assess current efforts to provide student digital literacy instruction in kindergarten through eighth grade in those local school administrative units and to develop a plan to strengthen such efforts. Specifications for any products and services that are required to implement digital literacy instruction, including selection of a digital literacy curriculum provider, if necessary, shall be procured through a competitive process. The assessment and plan shall address at least the following:

"(1) Provide opportunity for students to learn essential digital literacy skills, including computer fundamentals, computational thinking, keyboarding, digital citizenship and online safety, Web browsing, e-mail and online communication, visual mapping, word processing, spreadsheets, databases, and presentations.

"(2) Provide teachers with the ability to assess student digital literacy growth.

"(3) Facilitate Project-Based Learning (PBL) and other research-based instructional frameworks to enable educators to integrate instruction on digital literacy into core and supplemental subjects, such as mathematics, English language arts, science, social studies, music, and art.

"(4) Resources that provide teachers with instructional support and supplemental and extension options to address all students, including students with special needs and students who are English language learners.

"(5) Accommodate English language learners with Spanish language instruction.

"(c) Of the six million four hundred twenty thousand dollars ($6,420,000) in recurring funds appropriated to the Department of Public Instruction for the 2017-2018 fiscal year to accelerate implementation of the State's Digital Learning Plan, as set out in S.L. 2016-94, for the 2017-2018 fiscal year, the Department shall use up to one million eight hundred thousand dollars ($1,800,000) to implement the requirements of this section.

"Of the four million dollars ($4,000,000) in recurring funds and the two million four hundred twenty thousand dollars ($2,420,000) in nonrecurring funds appropriated to the Department of Public Instruction for the 2018-2019 fiscal year to accelerate implementation of the State's Digital Learning Plan, as set out in S.L. 2016-94, beginning with the 2018-2019 fiscal year, the Department shall use up to one million eight hundred thousand dollars ($1,800,000) each fiscal year to implement the requirements of this section."

Session Laws 2017-57, s. 7.26( l ), made the amendment to sub-subdivision (9)c1. by Session Laws 2017-57, s. 7.26(a), applicable beginning with the 2017-2018 school year.

Session Laws 2017-57, s. 7.26B(c), made the rewriting of subdivision (40) of this section by Session Laws 2017-57, s. 7.26B(a), applicable beginning with high school diploma endorsements awarded in the 2019-2020 school year.

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

Session Laws 2017-65, s. 3, made subdivision (33a), as added by Session Laws 2017-65, s. 2, effective June 28, 2017, and applicable beginning with the 2017-2018 school year.

Session Laws 2017-157, s. 5(a)-(c), provides: "(a) The State Board of Education shall not adopt or implement any policies or recommendations from the Interagency Advisory Committee established by the State Board of Education in Policy ADVS-009 until October 1, 2018.

"(b) The State Board of Education shall change the timelines for the development and implementation of plans and training required by Policy SHLT-003 regarding school-based student mental health initiatives as follows for local school administrative units: (i) development of the plans to assess mental health and substance use needs shall occur during the 2018-2019 school year; (ii) the implementation plan and three-year review cycle shall commence in the 2019-2020 school year; and (iii) school mental health training will be provided by the Department of Public Instruction to the local school administrative units during the 2019-2020 school year. The State Board of Education shall change the timelines for the development and implementation of plans and training required by Policy SHLT-003 regarding school-based student mental health initiatives as follows for charter schools: (i) development of the plans to assess mental health and substance use needs shall occur during the 2019-2020 school year; (ii) the implementation plan and three-year review cycle shall commence in the 2020-2021 school year; and (iii) school mental health training will be provided by the Department of Public Instruction to charter schools during the 2020-2021 school year.

"(c) The State Board of Education shall provide notice to local school administrative units participating in the "Whole School, Whole Community, Whole Child" pilot program regarding Parts IV and V of this act and shall allow the units to withdraw from the pilot program at their discretion."

Session Laws 2017-189, s. 7(a) made the amendment to subdivision (22) by Session Laws 2017-189, s. 5(a), effective July 27, 2017, and applicable beginning with the 2017-2018 school year.

Session Laws 2017-197, s. 2.18(b) made the amendment to subdivision (9)c1. of this section by Session Laws 2017-197, s. 2.18(a), effective July 1, 2017, and applicable beginning with the 2017-2018 school year.

Session Laws 2018-5, s. 7.26(h), made subdivision (46) of this section, as added by Session Laws 2018-5, s. 7.26(b), effective July 1, 2019, and applicable beginning with the 2019-2020 school year.

Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'"

Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year."

Session Laws 2018-5, s. 39.7, is a severability clause.

Session Laws 2018-97, s. 2.16(c), provides: "For schools serving any students in ninth through twelfth grade, for the 2017-2018 school year only, in addition to other required data, the report cards issued pursuant to G.S. 115C-12(9)c1. shall include the following data:

"(1) The percentage of students who achieved the minimum score required for admission into a constituent institution of The University of North Carolina on a nationally normed test of college readiness.

"(2) The percentage of students enrolled in Career and Technical Education courses who met the standard when scoring at Silver, Gold, or Platinum levels on a nationally normed test of workplace readiness.

"(3) The percentage of students who either (i) achieve the minimum score required for admission into a constituent institution of The University of North Carolina on a nationally normed test of college readiness or (ii) are enrolled in Career and Technical Education courses and score at Silver, Gold, or Platinum levels on a nationally normed test of workplace readiness."

Session Laws 2018-114, s. 27(b), as amended by Session Laws 2019-154, s. 2(a), provides: "The General Assembly finds that the North Carolina Supreme Court, in North Carolina State Board of Education v. State of North Carolina and North Carolina Rules Review Commission, No. 110PA16-2 (June 8, 2018), affirmed the authority of the General Assembly to delegate authority to the Rules Review Commission to review and approve the administrative rules that are proposed by the State Board of Education for codification. To ensure that administration of the free public schools shall continue without interruption, the existing policies of the State Board of Education subject to rule making as provided in Chapter 150B of the General Statutes shall be deemed interim rules so long as they do not conflict with any provisions of the General Statutes. Notwithstanding G.S. 150B-21.1A, those interim rules shall be adopted as permanent rules as follows:

"(1) The State Board of Education shall adopt all interim rules as emergency rules and submit those rules to the Codifier of Rules no later than August 9, 2019. Notwithstanding G.S. 150B-21.1A(e), when the Codifier of Rules enters the emergency rules in the North Carolina Administrative Code, the Codifier shall publish notice of the emergency rules on the Internet. Any interim rule authorized by this section shall become null and void August 9, 2019, if the State Board of Education has failed by that date to comply with the requirements of this subdivision.

"(2) The State Board of Education shall not be required to adopt temporary rules for any emergency rules authorized by this section.

"(3) The State Board of Education shall, no later than December 6, 2019, submit a notice for publication of text to adopt all emergency rules authorized by this section as permanent rules in the North Carolina Register no later than January 2, 2020.

"(4) Any emergency rule authorized by this section shall remain effective until the earlier of the adoption of that emergency rule as a permanent rule or May 30, 2020, but shall become null and void May 30, 2020, if the State Board of Education has failed to adopt that emergency rule as a permanent rule by that date in accordance with Article 2A of Chapter 150B of the General Statutes."

Session Laws 2018-114, s. 29, is a severability clause.

Session Laws 2018-136, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as '2018 Hurricane Florence Disaster Recovery Act."'

Session Laws 2018-138, s. 2.2(a), (b), as amended by Session Laws 2018-145, s. 22, provides: "(a) Notwithstanding Section 8.2 of S.L. 2018-5, for purposes of determining the average daily membership of the school supervised by the principal under the 2018-2019 Principal Annual Salary Schedule, the greater of the average daily membership for the school for (i) the 2017-2018 school year or (ii) the 2018-2019 school year shall be used between January 1, 2019, and June 30, 2019.

"(b) This act applies only to principals supervising schools that meet both of the following requirements:

"(1) The school is located in a county designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L. 93-288) as a result of Hurricane Florence.

"(2) The school was closed for at least 10 school days during the months of September 2018, October 2018, and November 2018 as a result of Hurricane Florence."

Session Laws 2019-71, s. 5, provides: "As soon as practicable, and no more than 10 calendar days from the effective date of this act, the State Board of Education shall adopt emergency rules for the implementation of this act in accordance with G.S. 150B-21.1A. This section does not require any rule making if not otherwise required by law."

Session Laws 2019-142, s. 7, made sub-sub-subdivions (9)c1.4. and (9)cl.5,, as added by Session Laws 2019-142, s. 3, effective July 19, 2019, and applicable to measures based on data from the 2018-2019 school year and each school year thereafter.

Session Laws 2019-154, s. 2(b), provides: "This section applies to interim rules of the State Board of Education existing on May 29, 2019. The State Board of Education shall take any necessary steps to affirm and validate any actions taken pursuant to interim rules between May 30, 2019, and the date this section becomes effective."

Session Laws 2019-185, s. 2(b) provides: "The State Board shall develop and report the minimum criteria developed in accordance with G.S. 115C-157.1(a), as amended by subsection (a) of this section, to the Joint Legislative Education Oversight Committee by April 15, 2020. The State Board of Education shall consider the criteria established in subsection (c) of this section for individuals who do not possess an associate or baccalaureate degree as part of the development of minimum criteria. G.S. 115C-157.1(a), as amended by subsection (a) of this section, shall apply to employment contracts beginning with the 2020-2021 school year."

Session Laws 2019-212, s. 4(c), made the amendment to subdivision (9d)b.2. by Session Laws 2019-212, s. 4(a), effective September 4, 2019, and applicable beginning with the 2019-2020 school year.

Session Laws 2020-3, s. 2.1, as amended by Session Laws 2020-49, s. 3(a), provides: "For the purposes of this Part, the following definitions apply:

"(1) Authority. - State Education Assistance Authority.

"(2) Coronavirus disease 2019 (COVID-19) emergency. - The period beginning March 10, 2020, and continuing until the Governor signs an executive order rescinding Executive Order No. 116 (Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19).

"(3) Federal testing waiver. - The testing waiver granted to the State Board of Education by the United States Department of Education for the 2019-2020 school year, pursuant to section 8401(b) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended, which, pursuant to G.S. 115C-174.11, eliminated the collection of certain student assessment data for the 2019-2020 school year.

"(4) Modified calendar school. - A school that a local board designated as having a modified calendar for the 2003-2004 school year or any school that was part of a planned program in the 2003-2004 school year for a system of modified calendar schools, so long as the school operates under a modified calendar.

"(5) State Board. - The State Board of Education.

"(6) Year-round school. - A school with a single or multi-track instructional calendar that was adopted prior to March 1, 2020, and provides instructional days in compliance with Section 2.11(b)(1) of this Part throughout the entire school calendar year, beginning July 1 and ending June 30, by utilizing at least one of the following plans:

"a. A plan dividing students into four groups and requiring each group to be in school for assigned and staggered quarters each school calendar year.

"b. A plan providing students be scheduled to attend an average of between 44 and 46 instructional days followed by an average of between 15 and 20 days of vacation, repeated throughout the school calendar year.

"c. A plan dividing the school calendar year into five nine-week sessions of classes and requiring each student to attend four assigned and staggered sessions out of the five nine-week sessions to complete the student's instructional year."

Session Laws 2020-3, s. 2.2, provides: "The purpose of this Part is to clarify or modify certain requirements in consideration of actions and circumstances related to the COVID-19 emergency, including, but not limited to, the federal testing waiver and the closure of schools for in-person instruction during the 2019-2020 school year."

Session Laws 2020-3, 2.4(a)-(d), provides: "(a) Calculation and Issuance of School Performance Grades. - For the 2020-2021 school year, based on data from the 2019-2020 school year, the provisions of G.S. 115C-12(9)c1. and G.S. 115C-83.15(a) through (f) shall not apply. Notwithstanding G.S. 115C-83.15(g), the State Board is not required to display school report card information for the 2020-2021 school year based on data from the 2019-2020 school year, but shall display a brief explanation that school report cards were not issued for the 2020-2021 school year because assessment data was not collected during the 2019-2020 school year due to COVID-19.

"(b) Display of School Report Cards. - Notwithstanding G.S. 115C-47(58), 115C-75.8(d)(7), 115C-218.65, 115C-238.66(11), 116-239.8(b)(14), and Section 6(d)(2) of S.L. 2018-32, public school units are not required to display school report card information for the 2020-2021 school year based on data from the 2019-2020 school year, but shall display a brief explanation that school report cards were not issued for the 2020-2021 school year because assessment data was not collected during the 2019-2020 school year due to COVID-19.

"(c) Evaluation of Alternative Programs. - Notwithstanding G.S. 115C-12(24), to the extent educational performance and growth of students in alternative schools and alternative programs are measured based on the accountability system developed under G.S. 115C-83.15 and G.S. 115C-105.35, educational performance and growth of students in alternative schools and alternative programs shall not be evaluated based on data from the 2019-2020 school year.

"(d) School Building Reports. - The requirement for local school administrative units to produce and make public a school building report under G.S. 115C-12(9)c3. and G.S. 115C-47(35) shall not apply for the October 15, 2020, report based on building-level data from the 2019-2020 school year."

Session Laws 2020-3, s. 2.9, provides: "Notwithstanding G.S. 115C-12(9d)a., for the 2019-2020 school year, any student in grade 12 who has not satisfied the requirement for completion of instruction in cardiopulmonary resuscitation shall be eligible to graduate if both of the following apply:

"(1) Instruction in cardiopulmonary resuscitation cannot be completed due to the COVID-19 emergency.

"(2) The student is eligible to graduate in all respects other than the statutory requirement described in this section, as determined by the principal of the school to which the student is assigned."

Session Laws 2020-3, s. 5, is a severability clause.

Session Laws 2020-80, s. 2.3(a), provides: "No later than October 15, 2021, the State Board of Education shall report to the Joint Legislative Education Oversight Committee on unpaid meal charges in local school administrative units. At a minimum, the report shall include the following information:

"(1) The percentage of students of all grade levels in each local school administrative unit who (i) qualify for and participate in reduced-price meals and (ii) do not carry an unpaid meal charge.

"(2) The total amount of debt carried by each local school administrative unit related to unpaid meal charges.

"(3) Summaries of approaches adopted by each local school administrative unit regarding unpaid meal charges.

"(4) Options for a statewide policy on the uniform administration of unpaid meal charges in local school administrative units. Every option shall ensure that students are not prevented from receiving nutritious meals because of an unpaid meal charge."

Session Laws 2020-80, s. 3.5, is a severability clause.

Effect of Amendments. - Session Laws 2005-155, s. 1, effective July 5, 2005, deleted the last two paragraphs of subdivision (9)c., relating to a State accreditation program.

Session Laws 2005-276, ss. 7.18 and 9.34(a), effective July 1, 2005, rewrote subdivision (26); and added the last paragraph to subdivision (28).

Session Laws 2005-458, ss. 1 and 2, effective October 2, 2005, repealed subdivision (9a), which read: "To certify and regulate the grade and salary of teachers and other school employees."; repealed subdivision (9b), which read: "To adopt and supply textbooks."; and added subdivision (9c).

Session Laws 2006-75, s. 1, effective July 10, 2006, added subdivision (33).

Session Laws 2006-143, s. 1, effective October 1, 2006, added subdivision (34).

Session Laws 2006-260, s. 1, effective August 24, 2006, in subdivision (29), substituted "World War II, Korea, and Vietnam" for "World War II" in the subdivision catchline, and substituted "veterans of World War II, the Korean Conflict, and the Vietnam era" for "veterans of World War II" near the middle.

Session Laws 2009-305, s. 4, effective July 17, 2009, in subdivision (21), added the last sentence, and in subdivision (27), in the first sentence, substituted "by March 15 of each year" for "annually" near the beginning, and deleted "and the Commission on Improving the Academic Achievement of Minority and At-Risk Students" preceding "on the numbers" near the middle.

Session Laws 2009-334, s. 1, effective July 24, 2009, added subdivision (35).

Session Laws 2009-451, s. 7.39(a), effective January 1, 2010, and applicable to sessions of Governor's School beginning after that date, added subdivision (36).

Session Laws 2010-112, s. 4(a), effective July 20, 2010, and applicable beginning with the 2010-2011 academic year, substituted "shall instruct students on the significance of Memorial Day" for "shall recognize the significance of Memorial Day" in subdivision (33).

Session Laws 2010-161, s. 1, effective July 23, 2010, added subdivision (37). See editor's note, for implementation information.

Session Laws 2011-145, s. 7.9, effective July 1, 2011, in subdivision (36), substituted "may implement a tuition charge for students attending the Governor's School of North Carolina to cover the costs of the School" for "shall implement a five-hundred-dollar ($500) tuition charge for students attending the Governor's School of North Carolina."

Session Laws 2011-147, s. 3, effective June 16, 2011, and applicable beginning with the 2011-2012 school year, in the introductory paragraph of subdivision (23), substituted "shall adopt" for "may adopt" in the second sentence, and added the last sentence; and added subdivisions (23)a. through (23)d.

Session Laws 2011-185, s. 9(b), effective October 1, 2011, added subdivision (38).

Session Laws 2011-282, s. 4, effective June 23, 2011, and applicable beginning with the 2011-2012 school year, in subdivision (27), in the first sentence, inserted "Corporal Punishment," in the second sentence, inserted "subjected to corporal punishment" and substituted "been reassigned for disciplinary purposes, or been provided alternative education services" for "or been placed in an alternative program," rewrote the third sentence, which formerly read: "The data shall be reported in a disaggregated manner and be readily available to the public," added the fourth sentence, and in the last sentence, added "and the reasons for the expulsion."

Session Laws 2011-306, s. 3, effective June 27, 2011, added subdivision (39).

Session Laws 2011-379, ss. 2(a) and (b) and 6(a), effective June 27, 2011, and applicable beginning with the 2011-2012 school year, added the last three paragraphs in subdivision (19); and added subdivision (19a).

Session Laws 2012-142, s. 7.13(d) and (f), effective July 1, 2012, repealed subdivision (25b) pertaining to more at four reports, and repealed subdivision (26) pertaining to the duty to monitor and make recommendations regarding professional development programs.

Session Laws 2012-142, s. 7A.3, effective July 2, 2012, added the last four sentences in subdivision (9)c1. For applicability, see editor's note.

Session Laws 2012-194, s. 55(a), effective July 17, 2012, repealed subdivision (38), pertaining to the duty to report certain information regarding students with immediate family members in the military.

Session Laws 2013-1, s. 1(a), effective February 18, 2013, added subdivision (40).

Session Laws 2013-226, s. 9(e), (f), effective July 3, 2013, deleted the last sentence in subdivisions (18)a., (18)b. and (18)d., all of which provided the school year by which compliance was required; and added subdivision (18)e.; and in the second paragraph of subdivision (19), added "or (iv) provide information that is unnecessary to comply with State or federal law and not relevant to student outcomes and the efficient operation of the public schools" at the end of the first sentence, and made a minor stylistic change, and inserted "identified that are required at the State level, the evaluation and determination for continuing individual reports, including the consideration of whether those reports exceed what is required by State and federal law, and any reports that" in the fifth paragraph. For applicability, see Editor's note.

Session Laws 2013-360, ss. 8.27(a), 8.28(a), and 9.4(c), (d), effective July 1, 2013, in subdivision (9)c1., inserted "in accordance with G.S. 115C-83.15," "achievement, growth, and" and "performance" in the third sentence, and added the last sentence; inserted "G.S. 115C-83.15 and" in the fourth paragraph of subdivision (24); and added subdivision (41). For applicability, see Editor's notes.

Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "State Human Resources Commission" for "State Personnel Commission" in subdivisions (16)b. and (16)c.

Session Laws 2014-15, s. 1, effective June 19, 2014, added subdivision (18)f. See Editor's note for applicability.

Session Laws 2014-78, s. 4, effective July 1, 2014, rewrote the second sentence in subdivision (39).

Session Laws 2014-100, ss. 8.9, 8.26, and 8.39(b), effective July 1, 2014, added subdivisions (42) through (44).

Session Laws 2015-126, s. 1, rewrote subdivision (22). For effective date and applicability, see editors note.

Session Laws 2015-241, s. 8.25(a), effective July 1, 2015, deleted the former last paragraph of subdivision (19), which read: "The State Board shall report to the Joint Legislative Education Oversight Committee by November 15 of each year on the reports identified that are required at the State level, the evaluation and determination for continuing individual reports, including the consideration of whether those reports exceed what is required by State and federal law, and any reports that it has consolidated or eliminated for the upcoming school year."

Session Laws 2015-241, s. 8.25(b), effective July 1, 2015, in subdivision (25), in the second sentence, substituted "October 15, 2015" for "October 15, 1997" near the middle, deleted "the continued implementation of Chapter 716 of the 1995 Session Laws, 1996 Regular Session" from the end, and deleted the former third sentence, which read: "Each report shall include information regarding the composition and activity of assistance teams, schools that received incentive awards."

Session Laws 2016-94, s. 8.32(a), effective July 14, 2016, added subsection (45). See editor's note for effective date and applicability.

Session Laws 2016-126, 4th Ex. Sess., s. 2, effective January 1, 2017, in the first paragraph, substituted "all needed rules and regulations" for "policy" in the second sentence, and inserted the third sentence.

Session Laws 2017-57, s. 7.26(a), effective July 1, 2017, in subdivision (9)c1., in the last sentence in the first paragraph, deleted "As a part of" at the beginning and added "shall include the following"; inserted the subdivision (9)c1.1.-3. designations; in subdivision (9)c1.1., inserted "and student progress in achieving English language proficiency" in the next to last sentence and added the last sentence; added (9)c1.1.I and the (9)c1.1.II. designation; in subdivision (9)c1.1.II deleted "separate performance scores and grades shall also be awarded based on the" following "eighth grade"; in (9)c12. and (9)c1.3., deleted "The annual 'report card' " at the beginning of the sentence, deleted "also shall include" following "third grade"; and made stylistic changes. For applicability, see editor's note.

Session Laws 2017-57, s. 7.26B(a), effective July 1, 2017, in subdivision (40), inserted "necessary for students to be successful in a wide range of high-quality careers" in the first sentence and "reading achievement" in the second sentence, added the third and fourth sentences, and inserted "(i)" and added clauses (ii) and (iii) in the last sentence. For applicability, see editor's note.

Session Laws 2017-65, s. 2, added subdivision (33a). For effective date and applicability, see editor's note.

Session Laws 2017-102, s. 48(a), effective July 12, 2017, substituted "by November 15 of each year" for "beginning October 15, 2015, and annually thereafter" in the second sentence of subdivision (25).

Session Laws 2017-126, ss. 9-11, effective July 20, 2017, repealed subdivision (9)c.; in subdivision (9c), added designations a. through c., deleted "and Exit Standards" at the end of the subdivision heading, deleted the former last sentence in subdivision (9c)b., which read: "The Board may develop exit standards that will be required for high school graduation"; and added subdivision (9d).

Session Laws 2017-189, s. 5(a), effective July 25, 2017, deleted the subsection (a) designation, added "and data on teaching positions that local boards of education are unable to fill, as provided in G.S. 115C-299.5." at the end of the first sentence and made a related punctuation change, deleted the former second sentence which read: "The State Board shall adopt standard procedures for each local board of education to use in requesting the information from teachers who are not continuing to work as teachers in the local school administrative unit and shall require each local board of education to report the information to the State Board in a standard format adopted by the State Board"; and deleted subsections (b) and (c) pertaining to an annual teacher transition report and disaggregating the transition report data, respectively. For effective date and applicability, see editor's note.

Session Laws 2017-197, s. 2.18(a), effective July 1, 2017, in subdivision (9)c1.3, inserted "Cambridge Advanced International Certificate of Education (AICE) Program participation" and "Cambridge AICE." For applicability, see editor's note.

Session Laws 2018-5, s. 7.26(b), added subdivision (46). For effective date and applicability, see editor's note.

Session Laws 2019-142, s. 3, added sub-sub-subdivisions (9)c1.4 and (9)c1.5. For effective date and applicability, see editor's note.

Session Laws 2019-165, s. 3.2(c), effective July 26, 2019, substituted "high school diploma endorsements in accordance with G.S. 115C-156.2" for "(i) the impact of awarding these endorsements on high school graduation, college acceptance and remediation, and post-high school employment rates; (ii) the number of students who had to retake a nationally norm-referenced college admissions test to meet the reading benchmark score required by this subdivision to receive a high school diploma endorsement; and (iii) the number of students who were not awarded a high school diploma endorsement solely because of the inability to meet the benchmark score for reading as required by this subdivision" in subsection (40).

Session Laws 2019-176, s. 3(d), effective July 1, 2020, deleted "e. To manage and operate a system of insurance for public school property, as provided in Article 38 of this Chapter." at the end of subdivision (9).

Session Laws 2019-212, s. 4(a), substituted "as provided in G.S. 115C-47(54a)" for "project" in subdivision (9d)(b)(2). For effective date and applicability, see editor's note.

Legal Periodicals. - For note on Leandro v. State, 346 N.C. 336, 488 S.E.2d 249 (1997), see 76 N.C.L. Rev. 1481 (1998).

For essay, "Sludge and Ordeals," see 68 Duke L.J. 1843 (2019).

For comment, "Leandro's Left Behind: How North Carolina's English Learners Have Been Denied Their Fundamental Right to a Sound Basic Education," see 39 Campbell L. Rev. 457 (2017).

§ 115C-12.1. Training of State Board members.

The State Board of Education shall establish minimum training requirements for members of the State Board of Education. All board members shall participate in training programs, as required by the State Board.

History

(1991, c. 689, s. 200(c).)

§ 115C-12.2. Voluntary shared leave.

1. The State Board of Education, in cooperation with the State Board of Community Colleges and the State Human Resources Commission, shall adopt rules and policies to allow any employee at a public school to share leave voluntarily with an immediate family member who is an employee of a public school, community college, or State agency; and with a coworker's immediate family member who is an employee of a public school, community college, or State agency. For the purposes of this section, the term "immediate family member" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships. The term "coworker" means that the employee donating the leave is employed by the same agency, department, institution, university, local school administrative unit, or community college as the employee whose immediate family member is receiving the leave.
2. The State Board of Education shall adopt rules and policies for the voluntary shared leave program to allow an employee at a public school to donate sick leave to a nonfamily member employee of a public school. A donor of sick leave to a nonfamily member recipient shall not donate more than five days of sick leave per year to any one nonfamily member recipient. The combined total of sick leave donated to a recipient from nonfamily member donors shall not exceed 20 days per year. Donated sick leave shall not be used for retirement purposes, and employees who donate sick leave shall be notified in writing of the State retirement credit consequences of donating sick leave.

History

(1999-170, s. 2; 2003-9, s. 2; 2003-284, s. 30.14A(b); 2010-139, s. 2; 2013-382, s. 9.1(c).)

Cross References. - As to voluntary shared leave for community college employees, see G.S. 115D-25.3.

As to voluntary shared leave for employees of state agencies, see G.S. 126-8.3.

Editor's Note. - Session Laws 2003-9, s. 4, provides: "Prior to the adoption of any rules pursuant to this Act:

"(a) The president of any community college shall allow any employee of that community college to share leave voluntarily with an immediate family member, as defined in Section 3 of this Act, who is an employee of a community college, public school, or State agency; and

"(b) Community colleges, public schools, and State agencies shall permit eligible employees to receive leave pursuant to this Act."

Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:

"(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.'

"(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.'

"(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.'"

Session Laws 2013-382, s. 9.1(c), provides: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary."

Session Laws 2013-382, s. 9.2, provides: "No action or proceeding pending on the effective date of this section, brought by or against the State Personnel Commission, the Director of the Office of State Personnel, or the Office of State Personnel, shall be affected by any provision of this section, but the same may be prosecuted or defended in the new name of the Commission, Director, and Office. In these actions and proceedings, the renamed Commission, Director, or Office shall be substituted as a party upon proper application to the courts or other public bodies."

Session Laws 2013-382, s. 9.3, provides: "Any business or other matter undertaken or commanded by the former State Personnel Commission, State Personnel Director, or Office of State Personnel regarding any State program, office, or contract or pertaining to or connected with their respective functions, powers, obligations, and duties that are pending on the date this act becomes effective may be conducted and completed by the Commission, Director, or Office in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the formerly named commission, director, or office." Session Laws 2013-382, s. 9.3, was effective August 21, 2013.

Effect of Amendments. - Session Laws 2010-139, s. 2, effective January 1, 2011, added the subsection (a) designation and subsection (b).

Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "State Human Resources Commission" for "State Personnel Commission" in the first sentence of subsection (a).

§ 115C-13. Duty to maintain confidentiality of certain records.

Except as otherwise provided by federal law, local boards of education and their officers and employees shall provide to the State Board and to the Superintendent all information needed to carry out their duties. It is unlawful for any member of the State Board of Education, the Superintendent of Public Instruction, or any employee or officer of the State Board of Education or the Department of Public Instruction to disclose any of this information that the local board or its officers or employees could not lawfully disclose. This disclosure is a Class 1 misdemeanor.

History

(1985, c. 757, s. 145(j); 1993, c. 539, s. 880; 1994, Ex. Sess., c. 24, s. 14(c).)

Opinions of Attorney General

The licensure status of teachers is public information that the State Board of Education and DPI create pursuant to the State Board of Education's constitutional and statutory authority to license or certify public school employees and is, therefore, not subject to the protections of this section. See opinion of Attorney General to Lowell Harris, Director Exceptional Children Division N. C. Department of Public Instruction, 1998 N.C.A.G. 47 (11/20/98).

§§ 115C-13.1 through 115C-13.4: Reserved for future codification purposes.

§ 115C-13.5. Prohibition on use of State funds to employ private counsel in litigation.

As provided in G.S. 114-2.3(d) and G.S. 147-17(c1), the State Board of Education shall not use any State funds to employ private counsel to provide litigation services to the State Board of Education. As used in this section, litigation services include legal work conducted in anticipation of or in preparation for any suit or action. As used in this section, private counsel includes any licensed attorney retained, engaged, or otherwise representing the State Board of Education but does not include a licensed attorney who holds a permanent budgeted position in either the Department of Justice or the State Board of Education.

History

(2017-57, s. 7.18(a).)

Editor's Note. - Session Laws 2017-57, s. 7.18(b), provides: "The State Board of Education may only appoint the following personnel positions to support the meetings and direct operations of the office of the State Board of Education:

"Position number Title

1. 65023576 Attorney I.
2. 60009384 Attorney II.
3. 65003194 Paralegal II.
4. 60095070 Administrative Assistant I.
5. 60009395 Legislative Specialist.
6. 60009391 Director of State Board Operations.
7. 65023814 Planning and Development Consultant.
8. 60009394 Legislative and Community Affairs Director.

"The State Board of Education may utilize other staff employed through the Department of Public Instruction to provide administrative and technical assistance to the State Board and to carry out the directives of the State Board."

Session Laws 2017-57, s. 7.18(c), provides: "Subsection (a) of this section [which enacted G.S. 115C-13.5] shall not apply to State funds that are encumbered for the 2016-2017 fiscal year for the purposes of employing private counsel to represent the State Board of Education."

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

§ 115C-14: Repealed by Session Laws 1987, c. 414, s. 11.

§ 115C-15: Repealed by Session Laws 1997-18, s. 1.

§ 115C-16. Authorization for school uniform pilot program.

The State Board of Education may authorize up to five local school administrative units to implement pilot programs in which students are required to wear uniforms in public schools.

Prior to selecting the pilot units, the State Board of Education shall develop guidelines for local boards of education to use when establishing requirements for students to wear uniforms in public schools. In developing these guidelines, the State Board shall consider (i) ways to promote parental and community involvement in the pilot programs, (ii) relevant State and federal constitutional concerns such as freedom of religion and freedom of speech, and (iii) the ability of students to purchase the uniforms.

Local boards in the pilot units shall establish requirements, consistent with the State Board's guidelines, for students enrolled in any of their schools to wear uniforms at school during the regular school day.

No State funds shall be used for the uniforms.

History

(1995, c. 334, s. 1.)

Editor's Note. - Session Laws 1995, c. 334, s. 1 was codified as this section at the direction of the Revisor of Statutes.

§ 115C-17: Repealed by Session Laws 2015-65, s. 1.1, effective June 11, 2015.

History

(1995 (Reg. Sess., 1996), c. 716, s. 28; repealed by 2015-65, s. 1.1, effective June 11, 2015.)

Editor's Note. - Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 28, implementing the ABC's plan, was codified as this section at the direction of the Revisor of Statutes.

Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 28(f), provides that this section does not apply to sections 11 to 15.1 of that act [G.S. 115C-47, 115C-522, 115C-522.1, 115C-528, and 115C-529].

Former G.S. 115C-17 pertained to rulemaking to implement the ABC's plan.

CASE NOTES

Cited in Guthrie v. North Carolina State Ports Auth., 56 N.C. App. 68, 286 S.E.2d 823 (1982).

CASE NOTES

Cited in Guthrie v. North Carolina State Ports Auth., 56 N.C. App. 68, 286 S.E.2d 823 (1982).

CASE NOTES

Department of Public Instruction may not take any action contradictory to a properly enacted regulation or policy of the State Board of Education. North Carolina Bd. of Exmrs. for Speech & Language Pathologists & Audiologists v. North Carolina State Bd. of Educ., 122 N.C. App. 15, 468 S.E.2d 826 (1996), aff'd, 345 N.C. 493, 480 S.E.2d 50 (1997).

Cited in Richardson v. N.C. Dept of Pub. Instruction Licensure Section, 199 N.C. App. 219, 681 S.E.2d 479, review denied, 363 N.C. 745, 688 S.E.2d 694 (2009).

§ 115C-21.1: Repealed by Session Laws 1997, c. 18, s. 2.

§ 115C-22: Repealed by Session Laws 1997, c. 18, s. 3.

§§ 115C-23 through 115C-26: Reserved for future codification purposes.

CASE NOTES

Statute Authorizing City Residents to Vote for County School Board Members. - For a case dealing with the constitutionality of local statutes authorizing certain city residents to vote for some members of county school boards, see Locklear v. North Carolina State Bd. of Elections, 514 F.2d 1152 (4th Cir. 1975), decided under former Chapter 115.

Court Did Not Err in Dismissing Claims Against Superintendent. - Trial court did not err in dismissing plaintiffs' claims against superintendent; although plaintiffs alleged superintendent's representations to both defendant boards "were grossly overstated" and "without foundation in fact," plaintiffs did not allege superintendent was in a decision-making position as to acquisition of the Square D facility. As a matter of law, a superintendent does not vote on appropriations. Moore v. Wykle, 107 N.C. App. 120, 419 S.E.2d 164, cert. denied, 332 N.C. 666, 424 S.E.2d 405 (1992).

Cited in Abell v. Nash County Bd. of Educ., 71 N.C. App. 48, 321 S.E.2d 502 (1984); Cash v. Granville County Board of Educ., 242 F.3d 219 (4th Cir. 2001); N.C. Motorcoach Ass'n v. Guilford County Bd. of Educ., 315 F. Supp. 2d 784 (M.D.N.C. 2004).

Opinions of Attorney General

Former G.S. 115-18 and former G.S. 115-19 Inapplicable to New Hanover County. - See opinion of Attorney General to Mr. William L. Hill, II, Attorney, New Hanover County Board of Education, 40 N.C.A.G. 230 (1969).

Statutory Provisions as to Election of Board Members Superseded by Merger Agreement. - See opinion of Attorney General to Mr. E.P. Dameron, Attorney for the McDowell County Board of Education, 40 N.C.A.G. 225 (1970), rendered under former Chapter 115.

CASE NOTES

Sovereign Immunity of Boards. - The county board of education was held to be more akin to a county in North Carolina than to an arm of the State for purposes of sovereign immunity, where this provision expressly excludes local school boards from the definition of a State agency, where the State would not be liable for any costs associated with the plaintiff-disgruntled employee's suit for overtime pay, and where a judgment rendered against the local school board would not affront the State's dignity. Cash v. Granville County Board of Educ., 242 F.3d 219 (4th Cir. 2001).

General County Authority. - Where the county's uniform policy was implemented pursuant to its "general control and supervision" authority under this section, the enactment of that uniform policy did not contravene G.S. 115C-16. Hicks v. Halifax County Bd. of Educ., 93 F. Supp. 2d 649 (E.D.N.C. 1999).

Board of education's resolution to authorize its chairman to approve an interlocal agreement was afforded a presumption of legality and correctness: (1) G.S. 160A-274, G.S. 153A-158, G.S. 115C-36, and G.S. 115C-518 authorized the board, upon such terms and conditions as it deemed wise, to exchange property owned by the board, based upon a determination that the property was no longer suitable and necessary for public school purposes; (2) the board determined that the replacement office space in the Government Center was more suitable for its needs; (3) this determination was adequate to meet the unnecessary or unsuitable requirement of G.S. 115C-518, (4) plaintiff failed to overcome the presumption of legality afforded public officials; therefore (5) plaintiff's complaint did not state a cause of action, as required by G.S. 1A-1, N.C. R. Civ. P. 8(a), for which relief could be granted. Reese v. Charlotte-Mecklenburg Bd. of Educ. & Mecklenburg, 196 N.C. App. 539, 676 S.E.2d 481 (2009).

For case discussing power of board of education to acquire land for school purposes under former Chapter 115, see Painter v. Wake County Bd. of Educ., 288 N.C. 165, 217 S.E.2d 650 (1975).

Adoption of School Uniform Policy. - This section did not limit the authority of the County School Board to adopt a uniform policy for its students, which was implemented pursuant to its "general control and supervision" authority under this section. Hicks v. Halifax County Bd. of Educ., 93 F. Supp. 2d 649 (E.D.N.C. 1999).

Principal Not "Top Person" In School System. - School principal was an office assistant's immediate supervisor because the assistant worked directly under the principal's supervision performing secretarial tasks, and therefore, the principal and assistant were co-employees for purposes of workers' compensation; the principal was not the "top person" in the school system under G.S. 115C-5(7) because The State Board of Education headed the North Carolina public school system, G.S. 115C-10, and the local county school board had general control and supervision of all matters pertaining to the public school in their respective administrative units, G.S. 115C-36. Trivette v. Yount, 217 N.C. App. 477, 720 S.E.2d 732 (2011), aff'd in part and rev'd in part, 366 N.C. 303, 735 S.E.2d 306, 2012 N.C. LEXIS 1000 (2012).

Applied in Wake Cares, Inc. v. Wake County Bd. of Educ., 190 N.C. App. 1, 660 S.E.2d 217 (2008), aff'd, 363 N.C. 165, 675 S.E.2d 345 (2009).

Cited in Crump v. Board of Educ., 93 N.C. 168, 378 S.E.2d 32 (1989); N.C. Motorcoach Ass'n v. Guilford County Bd. of Educ., 315 F. Supp. 2d 784 (M.D.N.C. 2004); Wake Cares, Inc. v. Wake County Bd. of Educ., 363 N.C. 165, 675 S.E.2d 345 (2009).

Opinions of Attorney General

School System Can Transfer Qualified Employees from Locally Funded Positions to State Funded Positions. - The power to assign teachers to either state or locally funded positions rests with local boards of education and, therefore, a school system could properly transfer qualified employees from locally funded positions to state funded positions in order to maximize its use of state funds. See opinion of Attorney General to Leslie Winner, Charlotte-Mecklenburg Board of Education, 1999 N.C. AG LEXIS 21 (5/26/99).

CASE NOTES

Editor's Note. - Some of the cases below were decided under corresponding provisions of former Chapter 115 and earlier statutes.

Power to Enforce Law. - Plaintiff failed to show that if State officers were not part of suit there was no mechanism to force a constitutionally valid districting plan to be created in the event the implementation of the session law was enjoined, because the local board of education was not to revise district boundaries after the legislature had ratified an act establishing district boundaries until a new federal census was taken except that the board could make an earlier revision if it must do so to comply with a court order. Wright v. North Carolina, 975 F. Supp. 2d 539 (E.D.N.C. 2014), aff'd in part and rev'd in part, 787 F.3d 256, 2015 U.S. App. LEXIS 8731 (4th Cir. N.C. 2015).

Effect of Failure to Qualify on Day Prescribed. - A county board of education is a body politic and corporate, and is authorized to prosecute and defend suits in its own name, and to discharge certain duties imposed by statute, and where the members of a board appointed by the General Assembly failed to take the oath of office on the date prescribed by statute, but took oath on the next succeeding day, their failure to qualify on the day prescribed did not impair the existence of the corporate body, and where they had discharged the statutory duties imposed upon them, and no vacancy had been declared by the State Board of Education, and no proceedings in the nature of quo warranto had been instituted to determine their right to office, the acts of the appointees as members of the board could not be annulled by a proceeding to restrain the board from purchasing a school site in discharge of its statutory duties. Crabtree v. Board of Educ., 199 N.C. 645, 155 S.E. 550 (1930).

Purpose of Former Statute as to Filling Vacancies. - See Edwards v. Yancey County Bd. of Educ., 235 N.C. 345, 70 S.E.2d 170 (1952).

Unexpired Term Divided into Two Parts. - See State ex rel. Atkins v. Fortner, 236 N.C. 264, 72 S.E.2d 594 (1952), decided under former § 115-24.

A member of the county board of education holds a public office under the State and was thus subject to the prohibition against double office holding contained in former N.C. Const., Art. XIV, § 7 (see now N.C. Const., Art. VI, § 9). Edwards v. Yancey County Bd. of Educ., 235 N.C. 345, 70 S.E.2d 170 (1952).

Under former N.C. Const., Art. XIV, § 7 (see now N.C. Const., Art. VI, § 9) one person could not hold the office of county commissioner and also be a member of the county board of education. State ex rel. Barnhill v. Thompson, 122 N.C. 493, 29 S.E. 720 (1898).

Cited in Cash v. Granville County Board of Educ., 242 F.3d 219 (4th Cir. 2001).

Opinions of Attorney General

Editor's Note. - Most of the opinions below were rendered under corresponding provisions of former Chapter 115.

This section did not supercede local legislation which provided that members of the County Board of Education, appointed to fill mid-term vacancies, would serve the remainder of the term of the office to which they were appointed. See opinion of Attorney General to Mr. Charles S. Rountree, III, Chairman, Edgecombe County Board of Elections, 1998 N.C.A.G. 2 (1/14/98).

Former G.S. 115-18 and former G.S. 115-19 Not Applicable to New Hanover County. - See opinion of Attorney General to Mr. William L. Hill, II, Attorney, New Hanover County Board of Education, 40 N.C.A.G. 230 (1969).

Former Statute Superseded by Special Act for Designated Boards of Education. - See opinion of Attorney General to Mr. John G. Mills, Jr., Attorney for Wake County Board of Education, 40 N.C.A.G. 226 (1970).

"Single-Shot" Voting Regulations Not Applicable to County Boards of Education. - See opinion of Attorney General to Mr. Thomas H. Morris, Chairman, Lenoir County Board of Elections, 40 N.C.A.G. 293 (1970).

Nonpartisan Election Requires Plurality of Votes Only. - See opinion of Attorney General to Mr. R. V. Biberstein, Jr., Pender County Board of Education Attorney, 40 N.C.A.G. 238 (1970).

As to filling vacancies on board whose members are elected on a nonpartisan basis, see opinion of Attorney General to Mr. Jesse C. Carson, Jr., Superintendent, County Schools, 40 N.C.A.G. 235 (1970).

As to former statute relating to eligibility applicable to technical institute personnel, see opinion of Attorney General to Mr. Holland McSwain, President, Tri-County Technical Institute, 40 N.C.A.G. 279 (1970).

Term of Appointments to Fill Vacancies. - Persons appointed to vacancies on the Brunswick County Board of Education are to serve until the next election of members of such board, at which time the remaining unexpired term of the office in which the vacancy occurred must be filled by election. See opinion of Attorney General to Mr. B. Joseph Causey, Jr. and Mr. Huey Marshall, 2004 N.C.A.G. 3 (4/13/04).

Because 1967 N.C. Sess. Laws c. 29 remains the controlling law for the Elizabeth City - Pasquotank Board of Education, any vacancies on the Board are to be filled by the remaining members of the Board and the persons so selected are to serve the complete unexpired term of the member whose death, resignation or disqualification from office created the vacancy. See opinion of Attorney General to Mr. L.P. Hornthal, Jr., Hornthal, Riley, Ellis & Maland, L.L.P., 2004 N.C.A.G. 9 (5/6/04).

Qualification of New Members. - If a person elected to the board of education who is also employed by the board does not resign before the second Monday in December following the election due to his continued employment with the board, a vacancy on the board will occur on that date. See opinion of Attorney General to L. Wardlaw Lamar, Valentine, Adams, and Lamar, L.L.P., 2004 N.C. AG LEXIS 13 (12/2/04).

There is no conflict between subsection (g) of this section and the Nash-Rocky Mount Local Act; therefore any person elected to the board of education who is also employed by the board is required to resign his employment before taking his seat. See opinion of Attorney General to L. Wardlaw Lamar, Valentine, Adams, and Lamar, L.L.P., 2004 N.C. AG LEXIS 13 (12/2/04).

There is no conflict between subsection (d) of this section and the Nash-Rocky Mount Local Act; therefore, new members of the board qualify for office by taking the oath at a meeting held on the second Monday in December following their election. See opinion of Attorney General to L. Wardlaw Lamar, Valentine, Adams, and Lamar, L.L.P., 2004 N.C. AG LEXIS 13 (12/2/04).

A person elected to the board of education who is also employed by the board who does not resign before the second Monday in December following the election due to his continued employment with the board, may qualify for appointment to a vacancy on the board when he does resign, but he will not qualify to hold the office by virtue of his election. See opinion of Attorney General to L. Wardlaw Lamar, Valentine, Adams, and Lamar, L.L.P., 2004 N.C. AG LEXIS 13 (12/2/04).

In the case of a vacancy on the district court, the appointment of a new judge is for the entire unexpired term. See opinion of Attorney General to The Honorable Christopher W. Bragg, Union County Courthouse, 2004 N.C. AG LEXIS 12 (11/18/04).

CASE NOTES

Cited in Cash v. Granville County Board of Educ., 242 F.3d 219 (4th Cir. 2001).

CASE NOTES

Editor's Note. - Some of the cases below were decided under corresponding provisions of former Chapter 115.

Board Has Legal Existence Apart from Members. - Since the county board of education is a corporate body, it necessarily has a legal existence separate and apart from its members. Edwards v. Yancey County Bd. of Educ., 235 N.C. 345, 70 S.E.2d 170 (1952); McLaughlin v. Beasley, 250 N.C. 221, 108 S.E.2d 226 (1959).

County board of education is a corporate body which has a legal existence separate and apart from its members. Miller v. Henderson, 71 N.C. App. 366, 322 S.E.2d 594 (1984).

Claims Against Individual Members of Boards Failed. - Where plaintiffs did not specifically allege any acts corrupt, malicious, or outside the scope of duty by any individual member of either board, and instead, all the allegations were as to acts of the two boards qua boards, since a county board of education is a corporate body with a legal existence of its members, plaintiffs' claims against the individual members of the two boards had to fail. Moore v. Wykle, 107 N.C. App. 120, 419 S.E.2d 164, cert. denied, 332 N.C. 666, 424 S.E.2d 405 (1992).

Committees are not given final authority. Their acts are under, subordinate to, and controlled by, the county or city boards. Revels v. Oxendine, 263 N.C. 510, 139 S.E.2d 737 (1965).

City voters' interest in functions performed by county board for the benefit of it and city boards - student transportation, the educational resource center, and the projects for special students - individually or collectively, did not amount to a compelling State interest that city voters participate in the election of certain county school board members. Locklear v. North Carolina State Bd. of Elections, 514 F.2d 1152 (4th Cir. 1975).

Need for and Location of New School Buildings. - The board of education determines whether new school buildings are needed and, if so, where they shall be located. Such decisions are vested in the sound discretion of the board, and its discretion with reference thereto cannot be restrained by the courts absent a manifest abuse of discretion or a disregard of law. Painter v. Wake County Bd. of Educ., 288 N.C. 165, 217 S.E.2d 650 (1975).

Board of County Commissioners Not Authorized to Devise and Fund School for Dyslexic Children, Absent Prior School Board Action. - Since, under the scheme for public education devised by the General Assembly, the board of county commissioners is empowered to appropriate funds only for items that are included by the board of education in its annual school budget, the board of county commissioners, absent statutory authority, cannot on its own initiative devise and fund programs for the school system. Therefore, a program of aid for the Dyslexia School of North Carolina devised and funded by the Gaston County Board of Commissioners on its own initiative and made directly to the school by that Board was not authorized under the statutory scheme for public education adopted by the General Assembly. Hughey v. Cloninger, 297 N.C. 86, 253 S.E.2d 898 (1979).

Disposition of Property Claim Would Not Lie Against Board of Commissioners. - The court did not err in determining complaint failed to state a claim as to the proposed sale of school and its adjacent property; the county board of education, not the board of commissioners, holds all school property and is capable of selling and transferring the same for school purposes; applying this law to the case under review, no claim with respect to disposition of the school property would lie against defendant board of commissioners. Moore v. Wykle, 107 N.C. App. 120, 419 S.E.2d 164, cert. denied, 332 N.C. 666, 424 S.E.2d 405 (1992).

Actions Against Board. - A county school board is a body corporate, and while it may sue and be sued in its corporate name, this fact, standing alone, is not determinative as to what actions may be maintained against it. Eller v. Board of Educ., 242 N.C. 584, 89 S.E.2d 144 (1955).

Tort Immunity of School Board. - A county school board of education has immunity from liability for torts of its members or agents except such liability as may be established under the Tort Claims Act, G.S. 143-291 et seq. Eller v. Board of Educ., 242 N.C. 584, 89 S.E.2d 144 (1955); Fields v. Durham City Bd. of Educ., 251 N.C. 699, 111 S.E.2d 910 (1960). But see G.S. 115C-42 et seq.

The Tort Claims Act, G.S. 143-291 et seq., applicable to the State Board of Education and to State departments and agencies, except as amended by G.S. 143-300.1, does not include local units such as county and city boards of education. Turner v. Gastonia City Bd. of Educ., 250 N.C. 456, 109 S.E.2d 211 (1959). But see G.S. 115C-42 et seq.

For case in which a tort action against city school board based on negligence of employee was not allowed on grounds of governmental immunity, see Turner v. Gastonia City Bd. of Educ., 250 N.C. 456, 109 S.E.2d 211 (1959). But see G.S. 115C-42 et seq.

Action for Taking of Property. - An adjoining property owner was entitled to maintain an action against county school board for recovery of compensation for an alleged taking of plaintiff's land arising out of the construction and operation of a sewage disposal device by the school board which allegedly rendered plaintiff's spring unfit for use and his dwelling unfit for habitation, since complaint did not allege or attempt to allege a cause of action in tort. Eller v. Board of Educ., 242 N.C. 584, 89 S.E.2d 144 (1955).

Action on Teacher's Contract. - An action may be maintained against a county board of education on a teacher's contract. Kirby v. Stokes County Bd. of Educ., 230 N.C. 619, 55 S.E.2d 322 (1949).

No Error in Dismissal of Plaintiffs' Claims for Preliminary Injunctive Relief. - Court did not err in dismissing plaintiffs' claims for preliminary injunctive relief; under a fair reading of plaintiffs' prayer for relief, the only preliminary injunctive relief requested was the enjoining of the disposal of the school property; while allegations may have been sufficient to show with particularity irreparable harm resulting from the expenditure of bond monies for the purchase of the facility, plaintiffs did not seek to enjoin that purchase. Moore v. Wykle, 107 N.C. App. 120, 419 S.E.2d 164, cert. denied, 332 N.C. 666, 424 S.E.2d 405 (1992).

Applied in Cash v. Granville County Board of Educ., 242 F.3d 219 (4th Cir. 2001); Wake Cares, Inc. v. Wake County Bd. of Educ., 190 N.C. App. 1, 660 S.E.2d 217 (2008), aff'd, 363 N.C. 165, 675 S.E.2d 345 (2009).

Cited in Herndon v. Chapel Hill-Carrboro City Bd. of Educ., 89 F.3d 174 (4th Cir. 1996), cert. denied, Reinhard v. Chapel Hill-Carrboro City Bd. of Educ., 117 S. Ct. 949, 136 L. Ed. 2d 837 (1997); N.C. Motorcoach Ass'n v. Guilford County Bd. of Educ., 315 F. Supp. 2d 784 (M.D.N.C. 2004); Wake Cares, Inc. v. Wake County Bd. of Educ., 363 N.C. 165, 675 S.E.2d 345 (2009).

Opinions of Attorney General

Release to Attend Private School. - Local boards of education have the discretionary authority to release students from school for a part of the school day to attend a private school so long as the private school meets compulsory attendance requirements. A school board that elects to deny such permission does not violate the constitutional rights of parents or students. A board that elects to grant such permission should recognize, and should advise parents, that the absence from school may affect the student's academic progress. See opinion of Attorney General to Mr. W. Max Walser, Superintendent, Davidson County Schools, 57 N.C.A.G. 26 (1987).

CASE NOTES

Editor's Note. - The cases below were decided under corresponding provisions of former Chapter 115.

A county board of education has no authority to transact business except at a regular or special meeting, and statements or promises made by the individual members thereof have no binding effect on the board unless it expressly authorizes them. Kistler v. Randolph County Bd. of Educ., 233 N.C. 400, 64 S.E.2d 403 (1951).

Attended by a Quorum. - A county board of education can exercise its power only in a regular or special meeting attended by at least a quorum of its members. It cannot perform its functions through its members acting individually, informally, and separately. Iredell County Bd. of Educ. v. Dickson, 235 N.C. 359, 70 S.E.2d 14 (1952).

The statute creating the county board of education does not specify in terms the number of members competent to transact its corporate business in the absence of other members. As a consequence, the common-law rule that a majority of the whole membership is necessary to constitute a quorum applies. Edwards v. Yancey County Bd. of Educ., 235 N.C. 345, 70 S.E.2d 170 (1952).

Fact that action by a board of education was taken at a special meeting rather than a regular meeting had no bearing on the question of bad faith or abuse of discretion in taking such action, since special meetings are permitted by statute. Kistler v. Randolph County Bd. of Educ., 233 N.C. 400, 64 S.E.2d 403 (1951).

Opinions of Attorney General

Member of Board of Education May Not Give Proxy to Cast Vote. - See opinion of Attorney General to Mr. Robert L. Edwards, Superintendent, Madison County Public Schools, 40 N.C.A.G. 203 (1969), rendered under former Chapter 115.

CASE NOTES

Editor's Note. - Some of the cases below were decided under corresponding provisions of former Chapter 115.

Applicability of Section. - This section does not apply to the type of claims which are covered by G.S. 143-300.1. Smith v. McDowell County Bd. of Educ., 68 N.C. App. 541, 316 S.E.2d 108 (1984).

Statute Not Retroactive. - Former G.S. 115-53, corresponding to this section, was, in its nature, not retroactive. Turner v. Gastonia City Bd. of Educ., 250 N.C. 456, 109 S.E.2d 211 (1959).

Construction. - As with all state statutes waiving sovereign immunity, this section must be strictly construed. Mullis v. Sechrest, 126 N.C. App. 91, 484 S.E.2d 423 (1997), cert. granted, 346 N.C. 548, 488 S.E.2d 806 (1997), rev'd on other grounds, 347 N.C. 548, 495 S.E.2d 721 (1998).

Waiver of Tort Immunity Depends on Action of Board. - The legislature has not waived immunity from tort liability as to county and city boards of education, except as to such liability as may be established under the Tort Claims Act, G.S. 143-291 et seq., but has left the waiver of immunity from liability for torts to the respective boards, and then only to the extent such board has obtained liability insurance to cover negligence or torts. Fields v. Durham City Bd. of Educ., 251 N.C. 699, 111 S.E.2d 910 (1960). See G.S. 143-300.1

Waiver of immunity under this section extends only to injuries specifically covered by insurance policy. Overcash v. Statesville City Bd. of Educ., 83 N.C. App. 21, 348 S.E.2d 524 (1986).

The defendants/county board of education did not waive their sovereign immunity through the purchase of liability insurance under this section where every one of three insurance policies precluded coverage for the injuries received by the minor plaintiff who was hit by a car five months after the assistant principal of her elementary school changed her bus stop in response to a complaint that she had been assaulted by several boys while on a school bus. Herring v. Winston-Salem/Forsyth County Bd. of Educ., 137 N.C. App. 680, 529 S.E.2d 458 (2000).

As a county board of education's insurance policy excluded any claims that a mother could have asserted on behalf of her son that sounded in common-law negligence, arising from the mainstream middle school's decision to deny him further placement there for the remainder of a school year due to an assault incident, the board did not waive immunity and the mother's claims failed. Craig v. New Hanover County Bd. of Educ., 185 N.C. App. 651, 648 S.E.2d 923 (2007), cert. granted and review denied, 362 N.C. 234, 659 S.E.2d 439 (2008).

School board's risk-management agreement with North Carolina School Board's Trust (NCSBT) does not waive governmental immunity because NCSBT does not qualify as liability insurance under G.S. 115C-42. Frye v. Brunswick County Bd. of Educ., 612 F. Supp. 2d 694 (E.D.N.C. 2009).

Without Waiver Liability Limited to Tort Claims Act. - A county board of education, unless it has duly waived immunity from tort liability, as authorized in former G.S. 115-53 (now this section), is not liable in a tort action or proceeding involving a tort, except as may be established under the Tort Claims Act, G.S. 143-291 et seq. Huff v. Northampton County Bd. of Educ., 259 N.C. 75, 130 S.E.2d 26 (1963); Brown v. Charlotte-Mecklenburg Bd. of Educ., 267 N.C. 740, 149 S.E.2d 10 (1966). See G.S. 143-300.1

This section must be strictly construed against waiver. Hallman v. Charlotte-Mecklenburg Bd. of Educ., 124 N.C. App. 435, 477 S.E.2d 179 (1996).

The purchase of tort liability insurance constitutes a waiver of governmental immunity by board of education. James v. Charlotte-Mecklenburg Bd. of Educ., 60 N.C. App. 642, 300 S.E.2d 21 (1983).

Excess Insurance Policy Did Not Constitute Waiver of Immunity. - Education board did not waive tort immunity by purchasing a liability insurance policy providing coverage in excess of the board's self-insured retention of $1,000,000 because the board had immunity from tort claims, and thus it could not have been required to pay any part of the $1,000,000 self-insured amount; therefore, the excess policy provided no indemnification. Magana v. Charlotte-Mecklenburg Bd. of Educ., 183 N.C. App. 146, 645 S.E.2d 91 (2007).

Limitation of School Board's Waiver of Governmental Immunity. - The school board's waiver of governmental immunity was limited to the Insurance Guaranty Association's responsibility to pay $300,000, less set-off, for a covered claim under a policy issued to the board by an insolvent insurer, since the waiver was effective only to the amount that the board was indemnified. North Carolina Ins. Guar. Ass'n v. Burnette, 131 N.C. App. 840, 508 S.E.2d 837 (1998).

School Board Did Waive Sovereign Immunity to Extent of Excess Insurance Coverage. - Where a school board had participated in the North Carolina Schools Board Trust insurance plan, which insurance plan constituted an excess insurance policy, the school board was found to have waived immunity to the extent of such coverage in an action by a student and her parents arising from injury sustained when a traffic crossing gate came down on the student's car. Ripellino v. N.C. Sch. Bds. Ass'n, 158 N.C. App. 423, 581 S.E.2d 88 (2003), cert. denied, 358 N.C. 156, 592 S.E.2d 694 (2004).

County board of education waived its governmental immunity under G.S. 115C-42 with respect to claims in excess of $150,000, but less than $1,000,000, by procuring an excess policy, which provided coverage of a cheerleader's claims, as it specifically incorporated one exclusion and failed to include the cheerleading exclusion of a coverage agreement with the North Carolina School Boards Trust. Lail v. Cleveland County Bd. of Educ., 183 N.C. App. 554, 645 S.E.2d 180 (2007).

Non-School Use of School Facilities. - The school district was not entitled to immunity for a personal injury claim suffered during a non-school sponsored event, where the school district had waived sovereign immunity by obtaining liability insurance, and it also had failed to comply with district procedures in allowing the non-school group to hold the event. Seipp v. Wake County Bd. of Educ., 132 N.C. App. 119, 510 S.E.2d 193 (1999).

After-School Program as Traditional Government Activity. - In personal injury case, court disagreed with plaintiff's contention that after-school program was a day-care facility and a non-traditional governmental activity not entitled to governmental immunity under this section, because the program failed to meet the statutory definition of a day-care facility under G.S. 110-86, the record revealed no evidence of profits, and the fees were insubstantial. Schmidt v. Breeden, 134 N.C. App. 248, 517 S.E.2d 171 (1999).

Where city, county and board of Education entered into an agreement creating a division of insurance and risk management to handle liability claims against the three entities, the risk management agreement was not a contract of insurance; therefore, under a strict construction of this section, the Board did not waive immunity by purchasing a contract of insurance. Mullis v. Sechrest, 126 N.C. App. 91, 484 S.E.2d 423 (1997), cert. granted, 346 N.C. 548, 488 S.E.2d 806 (1997), rev'd on other grounds, 347 N.C. 548, 495 S.E.2d 721 (1998).

Sufficiency of Complaint. - In the absence of an allegation in the complaint in a tort action against a city board of education, to the effect that such board has waived its immunity by the procurement of liability insurance to cover such alleged negligence or tort, or that such board has waived its immunity as authorized in this section, such complaint does not state a cause of action. Fields v. Durham City Bd. of Educ., 251 N.C. 699, 111 S.E.2d 910 (1960).

Motion to Amend Complaint Denied. - Motion to amend complaint denied where plaintiffs knew of the purchase of insurance for nearly two and a half years, and failed to amend their complaint to allege this until the motions hearing when defendants moved to dismiss the action based on plaintiffs' failure to so plead. Gunter v. Anders, 115 N.C. App. 331, 444 S.E.2d 685 (1994), cert. denied, 339 N.C. 612, 454 S.E.2d 250, cert. dismissed, 339 N.C. 738, 454 S.E.2d 651 (1995).

Effect of Purchase of Insurance on Motion for Directed Verdict. - Waiver of governmental immunity to any extent by the purchase of liability insurance is sufficient to preclude the granting of a motion for a directed verdict on the ground of governmental immunity. Clary v. Alexander County Bd. of Educ., 286 N.C. 525, 212 S.E.2d 160 (1975).

Subject Matter Jurisdiction. - Where sovereign immunity is waived by the purchase of liability insurance, subject matter jurisdiction is statutorily vested in the superior court. Meyer v. Walls, 122 N.C. App. 507, 471 S.E.2d 422 (1996), aff'd in part and rev'd in part, 347 N.C. 97, 489 S.E.2d 880 (1997).

Trial court properly dismissed assault victims' negligence claim against a city education board, which was based on the alleged acts of a school bus monitor and driver in not reporting a conversation between two teenagers on the bus that they would rob someone with a gun, because the North Carolina Industrial Commission had exclusive jurisdiction over the claim. Stein v. Asheville City Bd. of Educ., 168 N.C. App. 243, 608 S.E.2d 80 (2005), rev'd on other grounds, 360 N.C. 321, 626 S.E.2d 263 (2006).

Exclusionary Clause of Insurance Policy Covering School Bus Liability Construed. - Construing exclusionary insurance clause, court held that clause excluded liability for injuries suffered by pupils while being transported by school bus or in the process of boarding or disembarking from a school bus, as well as excluding injuries associated with design of bus route or location of bus stop, even though latter exclusion was not specifically stated in policy. Beatty v. Charlotte-Mecklenburg Bd. of Educ., 99 N.C. App. 753, 394 S.E.2d 242 (1990), appeal dismissed, 329 N.C. 691, 406 S.E.2d 579 (1991).

When an assistant principal was sued for a student's injuries when an automobile struck the student as she walked to her school bus stop, assistant principal was entitled to summary judgment because, under G.S. 115C-42, he only waived sovereign immunity to the extent he purchased liability coverage, his insurance policy contained an exclusion of coverage for incidents arising from the use of a motor vehicle, and an exception to this exclusion for supervising students entering and exiting a school bus required the assistant principal's personal presence before his sovereign immunity was waived, and, as he was not present when the student was injured, his sovereign immunity was not waived, whether or not he changed the student's bus stop after she was assaulted on the school bus. Herring v. Liner, 163 N.C. App. 534, 594 S.E.2d 117 (2004).

Dismissal of a father's claims arising from the death of a student struck by a school bus was proper because, even if the North Carolina Industrial Commission did not have exclusive jurisdiction, the education board did not waive governmental immunity through the purchase of liability insurance; the relevant insurance agreements included exclusions for claims arising out of or in connection with, inter alia, and operation and use of a school bus. Although the operative complaint included allegations of, inter alia, failure to provide proper paths, and failure to supervise students, strict construction of G.S. 115C-42 and the insurance agreements compelled the conclusion that the alleged damages were caused, at least in part, by the negligence of a school bus driver and were exempt from coverage. Stacy v. Merrill, 191 N.C. App. 131, 664 S.E.2d 565 (2008).

Vicarious Liability of Board. - County Board of Education's vice-chairman was not acting as an agent of the board when he made statements concerning plaintiff in action against board to newspaper editor; therefore, the board was not vicariously liable for vice-chairman's conduct. Phillips v. Winston-Salem/Forsyth County Bd. of Educ., 117 N.C. App. 274, 450 S.E.2d 753 (1994).

Board of education did not waive sovereign immunity by entering into an agreement with the North Carolina School Boards Trust which required the Trust to pay damages resulting from claims against the board for bodily injury up to $100,000; however because the Trust purchased insurance from an insurance company meeting at least one of the requirements of G.S. 115C-42 for claims over $100,000 but less than $1 million, the board had waived sovereign immunity as to those claims. Lucas v. Swain County Bd. of Educ., 154 N.C. App. 357, 573 S.E.2d 538 (2002).

Applied in Durham City Bd. of Educ. v. National Union Fire Ins. Co., 109 N.C. App. 152, 426 S.E.2d 451 (1993); Cash v. Granville County Board of Educ., 242 F.3d 219 (4th Cir. 2001).

Cited in Lindler v. Duplin County Bd. of Educ., 108 N.C. App. 757, 425 S.E.2d 465 (1993); North Carolina Farm Bureau Mut. Ins. Co. v. Knudsen, 109 N.C. App. 114, 426 S.E.2d 88 (1993); Mullis v. Sechrest, 126 N.C. App. 91, 484 S.E.2d 423 (1997); Craig v. Asheville City Bd. of Educ., 142 N.C. App. 518, 543 S.E.2d 186 (2001); Bullard v. Wake County, 221 N.C. App. 522, 729 S.E.2d 686, review denied, 735 S.E.2d 184, 2012 N.C. LEXIS 1046 (N.C. 2012); Irving v. Charlotte-Mecklenburg Bd. of Educ., 230 N.C. App. 265, 750 S.E.2d 1 (2013), rev'd, 368 N.C. 609, 781 S.E.2d 282, 2016 N.C. LEXIS 30 (2016).

Opinions of Attorney General

Agreements Establishing Self-Insurance Programs. - Local boards of education have authority under Article 20 of Chapter 160A, G.S. 160A-460 et seq., to make agreements establishing a self-insurance program, provided (1) the contracts establishing such program contain the provisions required by G.S. 160A-464, and (2) the contracts incorporate certain limitations set forth in this section and G.S. 115C-43. See opinion of Attorney General to Mr. Gene Causby, Executive Director, North Carolina School Boards Association, 55 N.C.A.G. 77 (1986).

Local boards of education may enter into interlocal agreements to form the North Carolina School Boards Trust. See opinion of Attorney General to Edwin Dunlap, Jr., Executive Director, North Carolina School Boards Association, 2002 N.C. AG LEXIS 12 (2/20/02).

A Local Board of Education's Participation in the Self Retained Component Does Not Waive Immunity. - A local board of education's participation in the self retained component of the North Carolina School Boards Trust's risk management program does not constitute a waiver of governmental immunity under the statute, however, local boards waive their governmental immunity to the extent that the boards themselves are named insureds under any excess insurance policies that the trust has purchased. 2002 N.C. AG LEXIS 12 (2/20/02).

CASE NOTES

Editor's Note. - Some of the cases below were decided under corresponding provisions of former Chapter 115.

The right to sue for the protection or recovery of the school funds of a particular school administrative unit belongs by necessary implication to the governing board of that unit. Indeed, former G.S. 115-31 (now this section) confers upon the county board of education in explicit terms the power to sue for the preservation and recovery of the money or property of the county administrative unit. Branch v. Robeson County Bd. of Educ., 233 N.C. 623, 65 S.E.2d 124 (1951).

The county board of education pursued a governmental function in bringing suit to recover costs associated with the abatement of a potential health risk to school populations incurred as a result of the presence of construction materials containing asbestos. Rowan County Bd. of Educ. v. United States Gypsum Co., 332 N.C. 1, 418 S.E.2d 648 (1992).

Board Was Acting as Arm of State. - Given that the State (1) has undertaken the responsibility to provide free public schools, (2) has delegated day-to-day administration and operation of those schools to counties and local school boards, including the power to bring suit to recover money or property "which may be due to or should be applied to the support and maintenance of the schools" and (3) has retained the duty of providing those local entities with considerable operating funds from state revenues, the county board of education was acting as an arm of the State in pursuing the governmental function of constructing and maintaining its schools. Rowan County Bd. of Educ. v. United States Gypsum Co., 332 N.C. 1, 418 S.E.2d 648 (1992).

Statutory Discretion Was Not Withdrawn by Purchase of Facility. - Where plaintiffs alleged that defendants made unauthorized diversions of school bond proceeds to purposes other than those authorized by the bond resolution, namely for purpose of facility, although the sale of the school property may have resulted from the purchase of facility, the Board of Education's statutory discretion to determine that the school property was surplus property no longer needed for school purposes was not withdrawn by its actions with respect to the facility. Moore v. Wykle, 107 N.C. App. 120, 419 S.E.2d 164, cert. denied, 332 N.C. 666, 424 S.E.2d 405 (1992).

Presumptions and Burden of Proof. - The provisions of former G.S. 115-31 (now this section) clearly provide for a presumption of correctness as to any order or action of the board in all actions brought in any court against a county or city board of education. The section further places the burden of proof on the complaining party to show otherwise. Eggiman v. Wake County Bd. of Educ., 22 N.C. App. 459, 206 S.E.2d 754, cert. denied, 285 N.C. 756, 209 S.E.2d 280 (1974).

As to the presumption of regularity and correctness in favor of the county board of education, see Barrett v. Craven County Bd. of Educ., 70 F.R.D. 466 (E.D.N.C. 1976).

Subsection (b) of this section clearly places the burden of proof on plaintiff probationary school teachers to establish that the actions of the board in failing to renew their contracts were arbitrary or capricious. Moreover, the burden of proof includes not only the burden of going forward with the evidence, but also the burden of persuasion. Abell v. Nash County Bd. of Educ., 89 N.C. App. 262, 365 S.E.2d 706 (1988).

When a teacher alleged her right to due process was violated in proceedings before a school board to terminate her employment because the school board and the school superintendent who made the recommendation to terminate her employment were represented by the same attorney, the school board's actions were presumed to be correct, under G.S. 115C-44(b). Farris v. Burke County Bd. of Educ., 355 N.C. 225, 559 S.E.2d 774 (2002).

Where a local board of education appealed a superior court's denial of career status to a teacher, under G.S. 115C-44, teacher had the burden to show that the board of education's denial of tenure was arbitrary, in that it was not supported by substantial evidence. The board's decision lacked a rational basis in the evidence, and the superior court acted within its authority pursuant to G.S. 150B-51 when it modified the board's decision by directing that the teacher be reinstated with career status. Joyner v. Perquimans County Bd. of Educ., 231 N.C. App. 358, 752 S.E.2d 517 (2013).

Applied in Alexander v. Cumberland County Bd. of Educ., 171 N.C. App. 649, 615 S.E.2d 408 (2005).

Cited in Taborn v. Hammonds, 324 N.C. 546, 380 S.E.2d 513 (1989).

CASE NOTES

Editor's Note. - Some of the cases below were decided under corresponding provisions of former Chapter 115 and earlier statutes. Some were decided under former G.S. 115C-305.

Procedures Constitutionally Effective. - The hearing and appeal procedures contemplated by former G.S. 115-34 provided plaintiff a constitutionally effective set of administrative and judicial remedies, despite the fact that it gave authority for a hearing only after plaintiff was discharged. Presnell v. Pell, 298 N.C. 715, 260 S.E.2d 611 (1979).

State constitutional claims by students and parents against a county school board were barred because under G.S. 115C-45(c) and G.S. 115C-391(e), the students always had the statutory right to appeal their suspensions; thus, the complaint's allegation that the students were never given that opportunity failed and an adequate remedy existed at state law to redress the alleged injury. Copper v. Denlinger, 363 N.C. 784, 688 S.E.2d 426 (2010).

This section indicates an intention to extend the right of appeal in public school personnel decisions far beyond the confines of the former law. Warren v. Buncombe County Bd. of Educ., 80 N.C. App. 656, 343 S.E.2d 225 (1986).

Construction. - Because this section and former G.S. 115C-305 both dealt with appellate review of decisions of all school personnel to the local board of education and to the superior court, courts would construe these statutes in pari materia and reconcile them so that each could be given effect. Williams v. New Hanover County Bd. of Educ., 104 N.C. App. 425, 409 S.E.2d 753 (1991).

To accomplish the legislative purpose behind subsection (c) of this section and former 115C-305, the "or" in former G.S. 115C-305 had to be read conjunctively as an "and." This construction could preserve the long-recognized policy of judicial restraint in the context of judicial review of school personnel decisions while giving effect to both sections. Williams v. New Hanover County Bd. of Educ., 104 N.C. App. 425, 409 S.E.2d 753 (1991).

Appeal from Personnel Decisions of County Board. - The part of former G.S. 115-34 (corresponding to subsection (c) of this section) which provided for an appeal from decisions of school personnel to the county or city board of education had no application where the decision complained of was the decision of a county board of education. Still v. Lance, 279 N.C. 254, 182 S.E.2d 403 (1971).

When a school superintendent recommended to a school board that a probationary teacher's contract, which had expired, not be renewed, G.S. 115C-45 did not give the teacher a right to an evidentiary hearing before the board because the statute did not apply to review of a decision of a county board of education. Moore v. Charlotte-Mecklenburg Bd. of Educ., 185 N.C. App. 566, 649 S.E.2d 410 (2007), cert. denied, 362 N.C. 360, 661 S.E.2d 735 (2008).

Appeal Must First Be to Board of Education. - Former G.S. 115-34 required that a party entitled to its provisions first challenge action taken by school personnel by way of an appeal to the appropriate county or city board of education. After a decision by the board "affecting one's character or right to teach," a party could then invoke the appellate jurisdiction of the superior court. Presnell v. Pell, 298 N.C. 715, 260 S.E.2d 611 (1979).

Exhaustion of Administrative Remedies. - A party must exhaust his administrative remedies before seeking redress in the courts. Therefore, a teacher may not seek judicial review in superior court without first appealing the school personnel action to the local board of education. Williams v. New Hanover County Bd. of Educ., 104 N.C. App. 425, 409 S.E.2d 753 (1991).

Trial court lacked subject matter jurisdiction over a mother's lawsuit against a superintendent, in the superintendent's official capacity, and the Board, in which the mother sought to challenge the decision to revoke the discretionary admission of the mother's two minor children to a particular high school. Although G.S. 115C-45(c) provided for administrative review of that decision, the Board had not issued a final administrative decision in the matter by the time the mother filed her lawsuit in the trial court and, thus, the mother had not exhausted the available administrative remedies. Hentz v. Asheville City Bd. of Educ., 189 N.C. App. 520, 658 S.E.2d 520 (2008).

Although students were not required to specifically reference futility of exhausting the administrative review processes of G.S. 115C-45(c) in their complaint, the complaint that alleged due process violations in imposing long-term suspensions was required to include allegations establishing futility. Copper v. Denlinger, 193 N.C. App. 249, 667 S.E.2d 470 (2008), review granted, in part, 363 N.C. 124 (2009).

Student's allegations were sufficient to allege that exhaustion of administrative remedies was futile where the student received a long-term suspension, entitling him to appeal that suspension, but the superintendent's letter, allowing the student to transfer to another school, converted the suspension into a short-term suspension and was designed to cut off the right to appeal. Copper v. Denlinger, 193 N.C. App. 249, 667 S.E.2d 470 (2008), review granted, in part, 363 N.C. 124 (2009).

Appeal to Superior Court Not Precluded. - An appeal to the local board of education does not preclude an appeal to the superior court. Williams v. New Hanover County Bd. of Educ., 104 N.C. App. 425, 409 S.E.2d 753 (1991).

Appeal to Superior Court Not Permitted. - Trial court lacks subject matter jurisdiction to review a two-day suspension imposed on a student because neither G.S. 115C-391 nor G.S. 115C-45 allows an appeal of such to a superior court. Alexander v. Cumberland County Bd. of Educ., 171 N.C. App. 649, 615 S.E.2d 408 (2005).

Procedure for Judicial Review. - A party must exhaust his administrative remedies before seeking redress in the courts. Therefore, a teacher may not seek judicial review in superior court without first appealing the school personnel action to the local board of education. Williams v. New Hanover County Bd. of Educ., 104 N.C. App. 425, 409 S.E.2d 753 (1991).

Petition for Review Untimely. - Employee's petition for judicial review of a school board's determination which upheld a superintendent's decision to terminate the employee was untimely because no other statute provided guidance for the judicial review of school board decisions, so the trial court properly looked to Article 4 of the Administrative Procedure Act to determine the correct time limit; under G.S. 150B-45(a), the time limit was 30 days, and the employee filed her petition nine months after the decision, well outside the 30-day limit. Coomer v. Lee County Bd. of Educ., 220 N.C. App. 155, 723 S.E.2d 802 (2012).

Standards for Judicial Review. - The standards for judicial review set forth in G.S. 150B-51, the whole record test, govern appeals from decisions of city or county boards of education. Warren v. New Hanover County Bd. of Educ., 104 N.C. App. 522, 410 S.E.2d 232 (1991).

Appeal on Denial of Promotion. - A teacher who is denied a promotion under the career ladder program may appeal to the superior court after exhausting his administrative remedies by appealing to the local board of education. Warren v. New Hanover County Bd. of Educ., 104 N.C. App. 522, 410 S.E.2d 232 (1991).

Final Administrative Action. - The local board's review of the three-member appeals panel's decision as provided in G.S. 115C-363.3(c) constituted the final administrative action required before a party participating in the career ladder program may appeal to superior court pursuant to this section. Williams v. New Hanover County Bd. of Educ., 104 N.C. App. 425, 409 S.E.2d 753 (1991).

Appeal of Acceptance of Resignation. - Principal who delivered a letter of resignation to school superintendent and one week later sought unsuccessfully to withdraw it had the right under this section to appeal from the decision of the county board of education approving acceptance of his resignation. Warren v. Buncombe County Bd. of Educ., 80 N.C. App. 656, 343 S.E.2d 225 (1986).

This section entitles a non-teacher to judicial review of a school board's decision if that decision affects her character. Cooper v. Board of Educ., 135 N.C. App. 200, 519 S.E.2d 536 (1999).

Dismissal Affecting Character. - Being dismissed from a job for making a racial comment, which the school board's counsel characterized as being "totally unacceptable for an employee in a school setting," affected the petitioner's character within the meaning of this section and entitled her to judicial review. Cooper v. Board of Educ., 135 N.C. App. 200, 519 S.E.2d 536 (1999).

Decision Not Affecting "One's Character or Right to Teach." - Former G.S. 115-34, corresponding to this section, provided for an appeal from a decision of a county or city board of education to the superior court when the action of the board of education was one "affecting one's character or right to teach." The decision of a board to terminate the employment of a teacher at the end of the school year did not affect her character, nor did it deprive her of the right to teach elsewhere. Still v. Lance, 279 N.C. 254, 182 S.E.2d 403 (1971).

Review Procedures Held Adequate. - Although school board did not precisely follow the review procedures set out in this section, the review that petitioner received more than compensated for any procedural flaws in the board's actions and her substantial rights were not prejudiced thereby. Cooper v. Board of Educ., 135 N.C. App. 200, 519 S.E.2d 536 (1999).

Attorney's Fees. - Trial court lacked authority to award fees under 42 U.S.C.S. § 1988 in a proceeding seeking review of a school board's administrative assignment of a student because the case was not an action or proceeding under 42 U.S.C.S. § 1983; the mere assertion of a federal constitutional violation did not transform a proceeding into a § 1983 proceeding that carried with it the right to seek fees under § 1988. The case was brought under G.S. 115C-45(c), so the trial court was sitting as an appellate court and did not review the sufficiency of evidence presented to it. Rone v. Winston-Salem/Forsyth County Bd. of Educ., 220 N.C. App. 401, 725 S.E.2d 422 (2012).

Applied in Murphy v. McIntyre, 69 N.C. App. 323, 317 S.E.2d 397 (1984).

Cited in Warren v. Buncombe County Bd. of Educ., 80 N.C. App. 656, 343 S.E.2d 225 (1986); Spry v. Winston-Salem/Forsyth County Bd. of Educ., 105 N.C. App. 269, 412 S.E.2d 687 (1992); Tobe-Williams v. New Hanover County Bd. of Educ., 234 N.C. App. 453, 759 S.E.2d 680 (2014).

Opinions of Attorney General

Evidentiary Scope of a School Board Hearing. - If a career employee chooses to bypass the case manager hearing, the record before the board in a hearing pursuant to G.S. 115C-325(j2)(3) must include the superintendent's recommendation and grounds for the recommendation as defined in G.S. 115C-325(h)(2), documentary evidence submitted by the superintendent and the employee, the parties' briefs on the law and evidence in the record, and oral arguments. The career employee waives his right to present nondocumentary evidence unless the board exercises its discretion under this section to subpoena additional evidence or testimony that might aid in its decision. See opinion of Attorney General to Mr. L. P. Hornthal, Jr. Hornthal, Riley, Ellis & Maland, LLP, 1997 N.C.A.G. 69 (12/5/97).

Right of Appeal of Nondomiciled Student Wrongfully Denied Enrollment. - A student who is not domiciled in a school system and who is denied enrollment therein, assuming he establishes a prima facie case of entitlement to enrollment, would have a right of an appeal under this section. If a hearing is held pursuant to this section, the minimal requirements of due process will have been met, if not exceeded. See opinion of Attorney General to Mr. C. Wade Mobley, Superintendent, Rowan County Schools, 55 N.C.A.G. 61 (1985).

CASE NOTES

Editor's Note. - Some of the cases below were decided under corresponding provisions of former Chapter 115 and earlier statutes.

Purpose. - Article I, Section 15 and Article IX, Section 2 of the North Carolina Constitution combine to guarantee every child of this State an opportunity to receive a sound basic education in our public schools. Leandro v. State, 122 N.C. App. 1, 468 S.E.2d 543 (1996), aff'd and rev'd in part, 346 N.C. 336, 488 S.E.2d 249, 1997 N.C. LEXIS 486 (1997).

Purpose of 1990 Amendments. - Through the 1990 amendments to G.S. 115C-98 and this section, the General Assembly made clear what the statutes already provided - that decisions concerning the procurement of supplementary instructional materials, including those which involve commercial advertising, are to be made exclusively by the local school boards without having to seek approval of the State Board. State v. Whittle Communications, 328 N.C. 456, 402 S.E.2d 556 (1991).

Sound Basic Education Defined. - For purposes of our Constitution, a sound basic education will provide the student with at least: (1) sufficient ability to read, write, and speak English and a sufficient knowledge of fundamental math and physical science to enable the student to function in a complex and rapidly changing society; (2) sufficient fundamental knowledge of geography, history and basic economic and political systems to enable the student to make informed choices regarding personal issues or issues that affect the community, state, and nation; (3) sufficient academic and vocational skills to enable the student to successfully engage in post-secondary education or vocational training; (4) and sufficient academic and social skills to enable the student to compete on an equal basis with others in further formal education or gainful employment. Leandro v. State, 122 N.C. App. 1, 468 S.E.2d 543 (1996), aff'd and rev'd in part, 346 N.C. 336, 488 S.E.2d 249, 1997 N.C. LEXIS 486 (1997).

Equal Funding Not Required. - Although the State Constitution requires that access to a sound basic education be provided equally in every school district, the equal opportunities clause of Article IX, Section 2(1) does not require substantially equal funding or educational advantages in all school districts. Leandro v. State, 122 N.C. App. 1, 468 S.E.2d 543 (1996), aff'd and rev'd in part, 346 N.C. 336, 488 S.E.2d 249, 1997 N.C. LEXIS 486 (1997).

As to discretion of local boards to locate, discontinue, transfer and establish schools, see Clark v. McQueen, 195 N.C. 714, 143 S.E. 528 (1928).

Selection of School Sites. - The county board of education is given discretionary powers to direct and supervise the county school system for the benefit of all the children therein, including the duty, among others, of selecting a school site, with which the courts will not interfere in the absence of its abuse. McInnish v. Board of Educ., 187 N.C. 494, 122 S.E. 182 (1924).

The board of education determines whether new school buildings are needed and, if so, where they shall be located. Such decisions are vested in the sound discretion of the board, and its discretion with reference thereto cannot be restrained by the courts absent a manifest abuse of discretion or a disregard of law. Painter v. Wake County Bd. of Educ., 288 N.C. 165, 217 S.E.2d 650 (1975).

The phrase "without assuming liability therefor" in subsection (d) of former G.S. 115-35 (see subdivision (4) of this section) was inserted for the purpose of making it clear that governing authorities were not waiving governmental immunity from torts, and does not restrict the power of such boards to contract for transportation or other required items necessary in connection with duly approved interscholastic activities. State ex rel. N.C. Utils. Comm'n v. McKinnon, 254 N.C. 1, 118 S.E.2d 134 (1961).

Power to Establish School Calendar. - G.S. 115C-47(11) authorized a board of education to determine the school calendar under G.S. 115C-84.2, which did not bar year-round schools. Wake Cares, Inc. v. Wake County Bd. of Educ., 190 N.C. App. 1, 660 S.E.2d 217 (2008), aff'd, 363 N.C. 165, 675 S.E.2d 345 (2009).

County board of education can assign students to year-round schools without parental consent because the General Assembly has conferred broad, specific, and sole authority upon local school boards to determine school calendars; a board's action in converting traditional calendar schools to year-round calendar schools comports with its duty under G.S. 115C-47(1) and (10) to provide a school system adequate to the needs of increasing student enrollment while assuring appropriate class sizes in its schools. Wake Cares, Inc. v. Wake County Bd. of Educ., 363 N.C. 165, 675 S.E.2d 345 (2009).

Where the county purchasing agent purchases equipment for a school and gives a note for the same, signed by him in the name of the school, the county is not liable on the note, the purchasing agent having no connection with the county board of education. Keith v. Henderson County, 204 N.C. 21, 167 S.E. 481 (1933).

The courts may compel a county board of education to act upon discretionary powers conferred on them by the legislature, but cannot tell them how they must act. Key v. Board of Educ., 170 N.C. 123, 86 S.E. 1002 (1915).

Alternative Education. - Considering longstanding precedent affording school officials discretion in administering student disciplinary codes and the state constitutional right to a sound basic education, school officials were required to articulate a reason for denying a student access to alternative education during a long-term suspension. King v. Beaufort County Bd. of Educ., 364 N.C. 368, 704 S.E.2d 259 (2010).

Criteria for Renewal of Contract of Probationary Teacher Who Serves as Coach. - Given the broad legislative grant of authority over the status of probationary teachers and the legislative grant to local boards under subdivision (4) of this section, requiring them to promulgate rules and regulations for interscholastic athletics, a board may properly consider coaching changes as a basis for determining whether to renew a probationary teacher's contract when the teacher also serves as a coach. Abell v. Nash County Bd. of Educ., 89 N.C. App. 262, 365 S.E.2d 706 (1988).

Principal Immediate Supervisor of Office Assistant. - School principal was an office assistant's immediate supervisor because the assistant worked directly under the principal's supervision performing secretarial tasks, and therefore, the principal and assistant were co-employees for purposes of workers' compensation; the principal was not the assistant's employer because the school board, which was responsible for paying the salaries of all school employees, G.S. 115C-47(21), was properly classified as the employer of both the principal and the assistant. Trivette v. Yount, 217 N.C. App. 477, 720 S.E.2d 732 (2011), aff'd in part and rev'd in part, 366 N.C. 303, 735 S.E.2d 306, 2012 N.C. LEXIS 1000 (2012).

Cited in Craig v. Buncombe County Bd. of Educ., 80 N.C. App. 683, 343 S.E.2d 222 (1986); N.C. Motorcoach Ass'n v. Guilford County Bd. of Educ., 315 F. Supp. 2d 784 (M.D.N.C. 2004); King v. Beaufort County Bd. of Educ., 200 N.C. App. 368, 683 S.E.2d 767 (2009), rev'd, 364 N.C. 415, 702 S.E.2d 59, 2010 N.C. LEXIS 803 (2010), rev'd, 364 N.C. 368, 704 S.E.2d 259, 2010 N.C. LEXIS 733 (2010). Hardy v. Beaufort County Bd. of Educ., 200 N.C. App. 403, 683 S.E.2d 774 (2009); Sugar Creek Charter Sch., Inc. v. State, 214 N.C. App. 1, 712 S.E.2d 730 (2011), dismissed and review denied, 366 N.C. 227, 726 S.E.2d 849, 2012 N.C. LEXIS 526 (2012); Irving v. Charlotte-Mecklenburg Bd. of Educ., 230 N.C. App. 265, 750 S.E.2d 1 (2013), rev'd, 368 N.C. 609, 781 S.E.2d 282, 2016 N.C. LEXIS 30 (2016).

Opinions of Attorney General

Determination of School and Work Hours. - Section 115C-47(11) and former G.S. 115C-84(a) (see now G.S. 115C-84.2) give local boards of education authority over the length of the school day for students, but do not give local boards authority to establish the length of the work day for State funded employees. See opinion of Attorney General to Mr. James O. Barber, Controller, State Board of Education, 55 N.C.A.G. 1 (1985).

Regulations as to Transfers to Participate in Interscholastic Athletics. - The eligibility of students who transfer from one school system to another to participate in interscholastic athletics is governed by State Board of Education regulations which are made binding upon local boards of education by subsection (4) and cannot be altered by local boards as a part of a transfer agreement. See opinion of Attorney General to Mr. Don W. Viets, Jr., Attorney, Whiteville City School System, 55 N.C.A.G. 11 (1985).

Educational programs operated by public schools for three- and four-year-old children are not subject to licensure and regulation by the Child Day Care Commission. See opinion of Attorney General to Mr. Harry E. Wilson, Legal Specialist, North Carolina Department of Public Instruction, 60 N.C.A.G. 36 (1990).

Educational programs for three- and four-year-old children housed in public school buildings but operated by private providers are subject to licensure and regulations by the Child Day Care Commission. See opinion of Attorney General to Mr. Harry E. Wilson, Legal Specialist, North Carolina Department of Public Instruction, 60 N.C.A.G. 36 (1990).

State is not prohibited from purchasing day care services from day care programs operated by public schools, even though those programs are not licensed by the Child Day Care Commission. See opinion of Attorney General to Mr. Harry E. Wilson, Legal Specialist, North Carolina Department of Public Instruction, 60 N.C.A.G. 36 (1990).

CASE NOTES

Cited in Garlock v. Wake County Bd. of Educ., 211 N.C. App. 200, 712 S.E.2d 158 (2011).

§§ 115C-52, 115C-53: Reserved for future codification purposes.

§ 115C-65. State divided into districts.

The State of North Carolina shall be divided into eight educational districts, which shall match the composition of the zones set forth in G.S. 143B-28.1.

History

(1955, c. 1372, art. 1, s. 3; 1981, c. 423, s. 1; 2014-18, s. 3.4.)

Editor's Note. - Session Laws 2014-18, s. 6.1, provides: "Nothing in this act shall be construed to obligate the General Assembly to appropriate funds to implement this act."

§ 115C-66. Administrative units classified.

Each county of the State shall be classified as a county school administrative unit, the schools of which, except in city administrative units, shall be under the general supervision and control of a county board of education with a county superintendent as the administrative officer.

A city school administrative unit shall be classified as an area within a county or adjacent parts of two or more contiguous counties which has been or may be approved by the State Board of Education as such a unit for purposes of school administration. The general administration and supervision of a city administrative unit shall be under the control of a board of education with a city superintendent as the administrative officer.

All local school administrative units, whether city or county, shall be dealt with by the State school authorities in all matters of school administration in the same way.

For purposes of eligibility for federal grant funds, the Department of Health and Human Services is hereby classified as a public authority, which is the school administrative agency for the schools that it operates, and shall be considered as such by the State school authorities in the administration and distribution of federal grant funds.

History

(1955, c. 1372, art. 1, s. 4; 1981, c. 423, s. 1; 2005-276, s. 7.54(b).)

Cross References. - As to liability insurance and immunity of local boards of education, see G.S. 115C-42.

Effect of Amendments. - Session Laws 2005-276, s. 7.54(b), effective July 1, 2005, added the last paragraph.

§ 115C-66.5. Merger of county school administrative units by the State Board of Education.

1. Consolidation and Merger. - The State Board of Education shall have the authority to consolidate and merge contiguous county school administrative units or a group of county school administrative units in which each county unit is contiguous with at least one other county unit in the group. The State Board shall adopt a written plan setting forth the conditions of the merger. A merger of county units and reorganization of those units under this section shall not have the effect of abolishing any special taxes that may have been voted in any such units.
2. Effective Date. - The merger shall become effective on July 1 immediately following the earlier of the thirty-first legislative day or the day of adjournment of the next regular session of the General Assembly that begins at least 25 days after the date the State Board approved the merger. If a bill that specifically disapproves the merger is introduced in either house of the General Assembly before the thirty-first legislative day of that session, the merger becomes effective on the July 1 immediately following the earlier of either the day an unfavorable final action is taken on the bill or the day that session of the General Assembly adjourns without ratifying a bill that specifically disapproves the merger. A merger that is specifically disapproved by a bill enacted into law before it becomes effective does not become effective.
3. Legislative Disapproval of Merger. - A bill specifically disapproves a merger if it contains a provision that refers to the written plan of merger and states that the merger is disapproved. Notwithstanding any rule of either house of the General Assembly, any member of the General Assembly may introduce a bill during the first 30 legislative days of any regular session to disapprove a merger that has been approved by the State Board and that has not become effective.

History

(2015-241, s. 8A.5.)

Editor's Note. - Session Laws 2015-241, s. 8A.5, made this section effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Joint Legislative Study Committee on the Division of Local School Administrative Units. - Session Laws 2017-198, ss. 1-6, provide: "Section 1. There is established the Joint Legislative Study Committee on the Division of Local School Administrative Units (Committee). The Committee shall consist of five members of the Senate appointed by the President Pro Tempore of the Senate and five members of the House of Representatives appointed by the Speaker of the House of Representatives. The President Pro Tempore and the Speaker of the House of the Representatives shall each appoint a cochair of the Committee from among its membership. The Committee and the terms of the members shall expire when the Committee submits a final report to the General Assembly. Members shall serve at the pleasure of the appointing officer.

"Section 2. The Committee shall study and make recommendations on the following:

"(1) The feasibility and advisability of enacting legislation to permit local school administrative units that were merged from separate units to be divided into separate local school administrative units once again.

"(2) The varied and best ways by which the division of a local school administrative unit could be achieved.

"(3) Whether legislation permitting the division of local school administrative units should require as a prerequisite to the division a majority vote of the qualified voters of the county through a referendum or election.

"(4) Whether legislation permitting the division of local school administrative units should require as a prerequisite to the division a petition from a certain percentage of the qualified voters of the county and, if so, to what entity the petition should be delivered.

"(5) Any other issue the Committee considers relevant to this study.

"Section 3. The Committee shall meet upon the call of its cochairs. A quorum of the Committee is a majority of its members. No action may be taken except by a majority vote at a meeting at which a quorum is present. The Committee, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120-19 and Article 5A of Chapter 120 of the General Statutes. The Committee may contract for professional, clerical, or consultant services, as provided by G.S. 120-32.02. Members of the Committee shall receive per diem, subsistence, and travel allowance as provided in G.S. 120-3.1. The expenses of the Committee shall be considered expenses incurred for the joint operation of the General Assembly.

"Section 4. The Legislative Services Officer shall assign professional and clerical staff to assist the Committee in its work. The Director of Legislative Assistants of the House of Representatives and the Director of Legislative Assistants of the Senate shall assign clerical support to staff the Committee.

"Section 5. The Committee shall submit a final report on the results of its study, including any proposed legislation, to the members of the Senate and the House of Representatives on or before May 1, 2018, by filing a copy of the report with the Office of the President Pro Tempore of the Senate, the Office of the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Legislative Library. The Committee shall terminate on May 1, 2018, or upon the filing of its final report, whichever occurs first.

"Section 6. This act is effective when it becomes law [July 31, 2017]."

§ 115C-67. Merger of units in same county.

City school administrative units may be consolidated and merged with contiguous city school administrative units and with county school administrative units upon approval by the State Board of Education of a plan for consolidation and merger submitted by the boards of education involved and bearing the approval of the board of county commissioners.

County and city boards of education desiring to consolidate and merge their school administrative units may do so by entering into a written plan which shall set forth the conditions of merger. The provisions of the plan shall be consistent with the General Statutes and shall contain, but not be limited to, the following:

1. The name by which the merged school administrative unit shall be identified and known.
2. The effective date of the merger.
3. The establishment and maintenance of a board of education which shall administer all the public schools of the newly created unit, including:
   1. The termination of any terms of office proposed in the reorganization of the board.
   2. The method of constituting and continuing the board of education; the manner of selection of board members, including (i) the number of members of the board, (ii) the method of their election or appointment, (iii) whether members shall be nominated, elected, or appointed from districts or at large, (iv) the manner of determining the nominee, and (v) whether the election shall be partisan or nonpartisan; the length of the members' terms of office; the dates of induction into office; the organization of the board; the procedure for filling vacancies; and the compensation to be paid members of the board for expenses incurred in performance of their duties. To the extent that the method conflicts with G.S. 115C-35, G.S. 115C-37, or with any local act concerning any of the units being merged and consolidated, the plan of merger and consolidation shall prevail.
4. The authority, powers, and duties of the board of education with respect to the employment of personnel, the preparation of budgets, and any other related matters which may be particularly applicable to the merged unit not inconsistent with the General Statutes.
5. The transfer of all facilities, properties, structures, funds, contracts, deeds, titles, and other obligations, assets and liabilities to the board of education of the merged unit.
6. Whether or not there shall be continued in force any supplemental school tax which may be in effect in either or all local school administrative units involved.
7. A public hearing, which shall have been announced at least 10 days prior to the hearing, on the proposed plan of merger.
8. A statement as to whether the question of merger, in accordance with the projected plan, is to be contingent upon approval of the voters in the affected area.
9. Any other condition or prerequisite to merger, together with any other appropriate subject or function that may be necessary for the orderly consolidation and merger of the local school administrative units involved.

The plan referred to above shall be mutually agreed upon by the city and county boards of education involved and shall be accompanied by a certification that the plan was approved by the board of education on a given day and that the action has been duly recorded in the minutes of said board, together with a certification to the effect that the public hearing required above was announced and held. The plan, together with the required certifications, shall then be submitted to the board of county commissioners for its concurrence and approval. After such approval has been received, the plan shall be submitted to the State Board of Education for the approval of said State Board and the plan shall not become effective until such approval is granted. Upon approval by the State Board of Education, the plan of consolidation and merger shall become final and shall be deemed to have been made by authority of law and shall not be changed or amended except by an act of the General Assembly. The written plan of agreement shall be placed in the custody of the board of education operating and administering the public schools in the merged unit and a copy filed with the Secretary of State.

The plan may be, but it is not required that it be, submitted for the approval of the voters of the geographic area affected in a referendum or election called for such purpose, and such elections or referendums if held shall be held under the provisions governing elections or referendums as set forth in G.S. 115C-507, with authority of the board of county commissioners to have such election or referendum conducted by the board of elections of the county.

Upon approval of the plan of consolidation or merger by the State Board of Education, or upon approval of the plan of consolidation or merger by the voters in a referendum or election called for such purpose, and as soon as a provisional or interim board of education of the merged unit, or a permanent board of education of the merged unit, enters in and upon the duties of the administration of the public schools of the consolidated or merged unit, then the former boards of education and all public officers of the former boards of education of the separate units thus merged shall stand abolished, and said separate boards of education or administrative units thus merged shall stand dissolved and shall cease to exist for any and all purposes. All consolidations and mergers of county and city boards of education and of county and city school administrative units heretofore agreed to and finally approved, and all consolidation or merger proceedings entered into prior to June 9, 1969, are hereby declared to be effective, legal and according to law notwithstanding any defect in the merger or consolidation proceedings and notwithstanding any dissolution of the separate boards of education and public officers of the former, separate school units.

History

(1967, c. 643, s. 3; 1969, c. 742; 1981, c. 423, s. 1; 1991 (Reg. Sess., 1992), c. 767, s. 3.)

Local Modification. - Monroe City School Administrative Unit: 1983, c. 475; Union County School Administrative Unit: 1983, c. 475.

Joint Legislative Study Committee on the Division of Local School Administrative Units. - For provisions establishing the Joint Legislative Study Committee on the Division of Local School Administrative Units, see Session Laws 2017-198, ss. 1-6, which are noted in full under G.S. 115C-66.5.

§ 115C-68. Merger of units in adjoining counties.

1. Boards of education of contiguous counties or boards of education in a group of counties in which each county is contiguous with at least one other county in the group, and any city school administrative unit located in counties to be merged, may merge school administrative units upon approval by the State Board of Education of a written plan for merger submitted by the boards of education involved and bearing the approval of the tax-levying body for the school units. The plan shall be consistent with the General Statutes, shall contain provisions covering those items listed in G.S. 115C-67 (providing for the merger of units in the same county), and shall contain any other provision deemed necessary or appropriate by the State Board of Education or the local boards of education for the merger of school units in two or more counties.
2. The plan of merger, including any arrangements for financing or taxing for the schools in the new local school administrative unit, may be, but is not required to be, submitted for the approval of the voters of the geographic area affected in a referendum or election called for the purpose of approving these matters. Such elections or referendums, if held, shall be held under the provisions governing elections or referendums as set forth in G.S. 115C-507. Each board of county commissioners shall have authority to have such elections or referendums conducted by the board of elections of its county under the provisions set forth in G.S. 115C-507.
3. If twenty percent (20%) of the qualified voters of a county to be merged petition the board of county commissioners of their county for an election as to whether their county shall be included in the proposed merger, the board of county commissioners shall call an election on this question for its county under the provisions of G.S. 115C-507. The petition must be submitted to the board of county commissioners within 10 days following the public hearing required by G.S. 115C-67 on the proposed plan of merger. The board of county commissioners shall have authority to have such an election conducted by the board of election of its county under the provisions set forth in G.S. 115C-507.
4. Boards of education considering a merger of two or more counties may spend money necessary for studying and preparing for such a merger.

History

(1969, c. 828; 1981, c. 423, s. 1.)

Local Modification. - Edgecombe and Nash, city of Rocky Mount, and town of Tarboro: 1987, c. 534.

Joint Legislative Study Committee on the Division of Local School Administrative Units. - For provisions establishing the Joint Legislative Study Committee on the Division of Local School Administrative Units, see Session Laws 2017-198, ss. 1-6, which are noted in full under G.S. 115C-66.5.

§ 115C-68.1. Merger of units by the board of commissioners.

1. The board of commissioners of a county in which two or more local school administrative units are located, but all are located wholly within the county, may adopt a plan for the consolidation and merger of the units into a single countywide unit.
2. The boards of commissioners of two counties in which one local school administrative unit is located in both counties may jointly adopt plans for each of their counties, including a plan of consolidation and merger for such unit that is located in more than one county. The results of such consolidation and merger shall be that there is only one countywide local school administrative unit in each county, or that the entirety of the unit located within two counties is merged and consolidated with the county unit of one of the two counties. Such plans shall also merge and consolidate any other city school administrative unit located wholly within one of the two counties. Within the two-county area, all the plans shall take effect on the same day.
3. The plans under this section shall be prepared and approved in accordance with G.S. 115C-67 as provided by general law, or G.S. 115C-68 as provided by general law, as applicable, except that the county and city boards of education shall not participate by preparing, entering into, submitting, or agreeing to a plan, and the plan shall not be contingent upon approval of the voters.
4. For the purpose of this section, local funding per average daily membership means the budgeted local expense per average daily membership. The State Board of Education shall establish guidelines for the computation of this amount and the amount shall be set out in the plan for consolidation and merger.
5. If the State Board of Education fails to approve a plan submitted to it under this section, such failure to approve does not preclude the approval of the plan by the General Assembly by local act.

The plan adopted under this subsection shall require that the county adopting the plan provide local funding per average daily membership to the resulting local school administrative unit for subsequent years of at least the highest level of any local school administrative unit in the county during the preceding five fiscal years before the merger.

The board of commissioners shall forward a copy of the plan it adopts to the boards of education of all local school administrative units located within the county, immediately upon adoption.

The plans jointly adopted under this subsection shall require that the counties jointly adopting the plans provide local funding per average daily membership to the resulting local school administrative units for subsequent fiscal years of at least the highest level of any local school administrative unit being merged during the preceding five fiscal years before the merger.

The boards of commissioners of each of the two counties shall forward copies of the plans they adopt to the boards of education of all local school administrative units located within the county, immediately upon adoption.

History

(1991, c. 689, s. 37(b).)

Joint Legislative Study Committee on the Division of Local School Administrative Units. - For provisions establishing the Joint Legislative Study Committee on the Division of Local School Administrative Units, see Session Laws 2017-198, ss. 1-6, which are noted in full under G.S. 115C-66.5.

§ 115C-68.2. Merger of units by the local boards of education.

If a city board of education notifies the State Board of Education that it is dissolving itself, the State Board of Education shall adopt a plan of consolidation and merger of that city school administrative unit with the county school administrative unit in the county in which the city unit is located; provided, however, if a city school administrative unit located in more than one county notifies the State Board of Education that it is dissolving itself, the State Board shall adopt a plan that divides the city unit along the county line and consolidates and merges the part of the city unit in each county with the county unit in that county and the plans shall take effect on the same day. The plans shall be prepared and approved in accordance with G.S. 115C-67 as provided by general law, and G.S. 115C-68 as provided by general law, as applicable, except that the county and city boards of education and the boards of commissioners shall not participate by preparing, entering into, submitting, or agreeing to a plan, and the plan shall not be contingent upon approval by the voters.

History

(1991, c. 689, s. 37(c).)

Joint Legislative Study Committee on the Division of Local School Administrative Units. - For provisions establishing the Joint Legislative Study Committee on the Division of Local School Administrative Units, see Session Laws 2017-198, ss. 1-6, which are noted in full under G.S. 115C-66.5.

§ 115C-68.3. Validation of plans of consolidation and merger.

All plans for consolidation and merger of school administrative units entered into between June 9, 1969, and May 26, 1992, under G.S. 115C-67, 115C-68.1, 115C-68.2, former G.S. 115-74.1, or under any local act authorizing such mergers, are ratified and considered to have been adopted by act of the General Assembly. This Article prevails over G.S. 153A-76(4).

History

(1991 (Reg. Sess., 1992), c. 767, s. 2; c. 1030, s. 51.2.)

Joint Legislative Study Committee on the Division of Local School Administrative Units. - For provisions establishing the Joint Legislative Study Committee on the Division of Local School Administrative Units, see Session Laws 2017-198, ss. 1-6, which are noted in full under G.S. 115C-66.5.

§ 115C-69. Types of districts defined.

The term "district" here used is defined to mean any convenient territorial division or subdivision of a county, created for the purpose of maintaining within its boundaries one or more public schools. It may include one or more incorporated towns or cities, or parts thereof, or one or more townships, or parts thereof, all of which territory is included in a common boundary. There shall be three different kinds of districts:

1. The "nontax district" is a territorial division of a local school administrative unit under the control of the local board of education, having no special local tax fund voted by the people for supplementing State and county funds.
2. The "local tax district" is a territorial division of a local school administrative unit under the control of the local board of education, having in addition to State and county funds, a special local tax fund voted by the people for supplementing State and county funds.
3. The "administrative district" is a territorial division of a county school administrative unit under the control of a county board of education which is established for administrative purposes and which consists of any combination of one or more local tax districts, nontax areas or bond districts of the county school administrative unit.

History

(1955, c. 1372, art. 1, s. 7; 1965, c. 584, s. 1; 1981, c. 423, s. 1; 1985 (Reg. Sess., 1986), c. 975, s. 12.)

§ 115C-71. Districts formed from portions of contiguous counties.

School districts may be formed out of contiguous counties by agreement of the county boards of education of the respective counties subject to the approval of the State Board of Education. Rules for the organization, support and operation of districts so formed are subject to the agreement of the boards of education concerned, and as a guide to the working out of such agreements the formulas contained in G.S. 115C-510 should be followed as far as applicable.

History

(1955, c. 1372, art. 8, s. 2; 1981, c. 423, s. 1.)

§ 115C-72. Consolidation of districts and discontinuance of schools.

1. Local boards of education shall have the power and authority to close or consolidate schools located in the same district, and with the approval of the State Board of Education, to consolidate school districts or other school areas over which the board has full control, whenever and wherever in its judgment the closing or consolidation will better serve the educational interest of the local school administrative unit or any part of it.
   1. In any question involving the closing or consolidation of any public school, the local board of education of the school administrative unit in which such school is located shall cause a thorough study of such school to be made, having in mind primarily the welfare of the students to be affected by a proposed closing or consolidation and including in such study, among other factors, geographic conditions, anticipated increase or decrease in school enrollment, the inconvenience or hardship that might result to the pupils to be affected by such closing or consolidation, the cost of providing additional school facilities in the event of such closing or consolidation, and such other factors as the board shall consider germane. Before the entry of any order of closing or consolidation, the local board of education shall provide for a public hearing in regard to such proposed closing or consolidation, at which hearing the public shall be afforded an opportunity to express their views. Upon the basis of the study so made and after such hearing, said board may, in the exercise of its discretion, approve the closing or consolidation proposed.
   2. The provisions of this section shall not deprive any local board of education of the authority to assign or enroll any and all pupils in schools in accordance with the provisions of G.S. 115C-366(b) and 115C-367 to 115C-370.
2. This section does not govern merger of a city school administrative unit with another school administrative unit. Such merger is governed by G.S. 115C-67.

In determining whether two or more public schools shall be consolidated, or in determining whether or not a school shall be closed and the pupils transferred therefrom, local boards of education of the several counties shall observe and be bound by the following rules:

History

(1955, c. 1372, art. 8, s. 3; 1981, c. 423, s. 1; 1983, c. 308; c. 752; 2009-570, s. 27.)

Effect of Amendments. - Session Laws 2009-570, s. 27, effective August 28, 2009, substituted "judgment" for "judgement" in the first paragraph of subsection (a).

§ 115C-73. Enlarging tax districts and city units by permanently attaching contiguous property.

The county boards of education with the approval of the State Board of Education may transfer from nontax territory and attach permanently to local tax districts or to city school administrative units, real property contiguous to said local tax districts or city school administrative units, upon the written petition of the owners thereof and the taxpayers of the families living on such real property, and there shall be levied upon the property of each individual in the area so attached, including landowners and tenants, the same tax as is levied upon other property in said district or unit: Provided, that such transfer shall be subject to the approval of the board of education of such city unit: Provided, the petition must be signed by a majority of the persons who are the owners thereof and a majority of the taxpayers of the families living on such real property on the date the petition is filed with the county board of education: Provided, further, that a person or corporation owning only an easement in real property shall not be considered an owner of said property within contemplation of this section: Provided, further that no right of action or defense founded upon the invalidity of such transfer shall be asserted, nor shall the validity of such transfer be open to question in any court upon any ground whatever, except in an action or proceeding commenced within 60 days after the approval of such transfer is given by the State Board of Education.

Any qualified voter residing in the area attached shall be permitted to vote in any election for members of the board of education having jurisdiction over the attached area.

History

(1955, c. 1372, art. 8, s. 4; 1959, c. 573, s. 4; 1971, c. 672; 1973, c. 1155; 1981, c. 423, s. 1; 1985 (Reg. Sess., 1986), c. 975, s. 13.)

§ 115C-74. School system defined.

The school system of each local school administrative unit shall consist of 12 years of study or grades, and shall be graded on the basis of a school year of not less than nine months. Schools within the system may be organized in the discretion of the local board of education.

History

(1955, c. 1372, art. 1, s. 5; 1959, c. 573, s. 1; 1981, c. 423, s. 1; 2001-97, s. 1.)

§ 115C-75. Recommended school classification.

1. The different types of public schools are classified and defined as follows:
   1. An "elementary school" is a school that includes all or part of the first through eighth grade and that may have a kindergarten or other early childhood program.
   2. A "high school" is a school that includes all or part of grades nine through 12 and that offers at least the minimum high school course of study prescribed by the State Board of Education.
   3. Repealed by Session Laws 2001-97, s. 2, effective July 1, 2001.
   4. A "junior high school" is a school that includes all or part of grades seven through nine.
   5. A "middle school" is a school that includes all or part of grades six through nine.
   6. A "senior high school" is a school that includes the tenth, eleventh and twelfth grades.
   7. A "union school" is a school that includes elementary, middle, and high school grades.
2. The school classifications in subsection (a) of this section are recommendations only and do not prohibit local boards of education from classifying schools in other ways.

History

(1955, c. 1372, art. 1, s. 6; 1959, c. 915, s. 1; 1963, c. 448, s. 24; 1969, c. 1213, s. 2; 1981, c. 423, s. 1; 2001-97, s. 2.)

§§ 115C-75.1 through 115C-75.4: Reserved for future codification purposes.