§ 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.

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.”

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.

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.”

Use of Supplemental Funding in Low-Wealth Counties.

Session Laws 2021-180, s. 7.3(a)-(k), 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 State average revenue availability per student. – The sum of all anticipated total county revenue availability divided by the average daily membership for the State.

“(3) 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.

“(4) 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.

“(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 2021-2023 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 2021-2023 fiscal biennium, 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 each 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 2021-2023 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), and 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.

Small County School System Supplemental Funding.

Session Laws 2021-180, s. 7.4(a)-(f), provides: “(a) Allotment Schedule for the 2021-2023 Fiscal Biennium. – 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

0-1,300 $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 2021-2022 Fiscal Year. – If a local school administrative unit becomes ineligible for funding under the schedule in subsection (a) of this section in the 2021-2022 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 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 2020-2021 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 2022-2023 Fiscal Year. – If a local school administrative unit becomes ineligible for funding under the schedule in subsection (a) of this section in the 2022-2023 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 2021-2022 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.

“(d) Nonsupplant Requirement for the 2021-2023 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 2021-2023 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 2021-2023 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, and Session Laws 2017-57, s. 7.4(a)-(f), as amended by Session Laws 2018-5, s. 7.4.

Disadvantaged Student Supplemental Funding (DSSF).

Session Laws 2021-180, 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 that received 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), and Session Laws 2017-57, s. 7.5(a)-(c).

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 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 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.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.5, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2021-2023 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2021-2023 fiscal biennium.”

Session Laws 2021-180, s. 43.7, 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).

For article, “When Speech is Your Stock in Trade: What Kennedy v. Bremerton School District Reveals About the Future of Employee Speech and Religion Jurisprudence,” see 42 Campbell L. Rev. 31 (2020).

For comment, “Seeking Shelter: How North Carolina is Violating the State Constitution by Failing to Properly Educate its Homeless Students,” see 42 Campbell L. Rev. 361 (2020).

§ 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. (Effective until June 30, 2023)  For a school operated under Article 7A and Article 9C of this Chapter, the State Board of Education.

      d. (Effective June 30, 2023) For a school operated under 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. (Effective until June 30, 2023)   The State Board of Education, including schools operated under Article 7A and Article 9C of this Chapter.

         1. (Effective June 30, 2023) The State Board of Education, including schools operated under 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); 2021-180, s. 7.14(g), (h).

Subdivision (3a)d Set Out Twice.

The first version of subdivision (3a)d set out above is effective until June 30, 2023. The second version of subdivision (3a)d set out above is effective June 30, 2023.

Subdivision (7A)d.1 Set Out Twice.

The first version of subdivision (7A)d.1 set out above is effective until June 30, 2023. The second version of subdivision (7A)d.1 set out above is effective June 30, 2023.

Editor’s Note.

Session 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.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

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.

Session Laws 2021-180, ss. 7.14(g), (h), effective June 30, 2023, in sub-subdivision (3a)d. and sub-sub-subdivision (7a)d.1., deleted “Article 7A and” preceding “Article 9C.”

§§ 115C-6 through 115C-9.

Reserved for future codification purposes.

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

    Position number Title

    1. 65023576                Attorney I.
    2. 60009384                Attorney II.
    3. 65003194                Paralegal II.
    4. 60095070                Administrative Assistant I.

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. [Effective until July 1, 2022]

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. Repealed by Session Laws 1987 (Regular Session, 1988), c. 1025, s. 1.
5. Repealed by Session Laws 1987 (Regular Session, 1988), c. 1025, s. 1.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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:
    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.

       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:

       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.

          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.

    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.
11. , (9b) Repealed by Session Laws 2005-458, s. 1, effective October 2, 2005.
12. 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.
13. 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).
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
    1. 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.
    2. 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.
    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.
21. 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.
22. Duty to Develop and Implement a Uniform Education Reporting System, Which Shall Include Standards and Procedures for Collecting Fiscal and Personnel Information. —
    1. 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.
    2. 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.
    3. 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.
    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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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:
    1. 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.
    2. 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.
    3. 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.
    4. 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.
28. 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.
29. 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.
30. [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%).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.
31. Repealed by Session Laws 2012-142, s. 7.13(d), effective July 1, 2012.
32. Repealed by Session Laws 2012-142, s. 7.13(f), effective July 1, 2012.
33. 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.
34. 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.
35. 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:
    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).

          These rules shall apply to public schools and charter schools.

    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.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.
36. 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.
37. 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.
38. 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.
39. 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:
    1. 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.
    2. Procedures for regular review of an individual care plan.
    3. 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.
    4. 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.
40. 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.
41. 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.
42. 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.
43. 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:
    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.
44. 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.
45. 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.
46. 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.
47. Repealed by Session Laws 2012-194, s. 55(a), effective July 17, 2012.
48. 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.
49. (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.
50. 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.
51. 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.
52. 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.
53. 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.
54. 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.
55. 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.
56. Duty Regarding Child Abuse and Neglect. —  The State Board of Education, in consultation with the Superintendent of Public Instruction, shall adopt a rule requiring information on child abuse and neglect, including age-appropriate information on sexual abuse, to be provided by public school units to students in grades six through 12. This rule shall also apply to high schools under the control of The University of North Carolina. Information shall be provided in the form of (i) a document provided to all students at the beginning of each school year and (ii) a display posted in visible, high-traffic areas throughout each public secondary school. The document and display shall include, at a minimum, the following information:
    1. Likely warning signs indicating that a child may be a victim of abuse or neglect, including age-appropriate information on sexual abuse.
    2. The telephone number used for reporting abuse and neglect to the department of social services in the county in which the school is located, in accordance with G.S. 7B-301.
    3. A statement that information reported pursuant to sub-subdivision b. of this subdivision shall be held in the strictest confidence, to the extent permitted by law, pursuant to G.S. 7B-302(a1).
    4. Available resources developed pursuant to G.S. 115C-105.51, including the anonymous safety tip line application.
57. Computer Science Reporting. —  The State Board of Education shall report annually by November 15 to the Joint Legislative Education Oversight Committee, the Senate Appropriations Committee on Education/Higher Education, and the House Appropriations Committee on Education on the following data related to computer science participation. For each item, the report shall include (i) statewide data for the current school year, and the four years prior when data is available, to establish trends in computer science instruction and (ii) data for the current school year for each public school unit, disaggregated by school within that unit:
    1. The number of teachers employed to teach computational thinking and computer science.
    2. The statewide courses and local elective courses offered in computer science and computational thinking, and the number of students enrolled in each of those courses. For public school units, the report shall indicate when courses are offered on a semester basis.
    3. The number of students enrolled in computer science and computational thinking courses by grade level.
    4. For sub-subdivisions b. and c. of this subdivision, the report shall also include information on enrollment numbers by the following subgroups:
       1. Economically disadvantaged students.
       2. Students from major racial and ethnic groups.
       3. Students by gender.
       4. Children with disabilities.
       5. English learners.

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); 2021-132, s. 6(a); 2021-180, s. 7.9(a).

Section Set Out Twice.

The section above is effective until July 1, 2022. For the section as amended July 1, 2022, see the following section, also numbered G.S. 115C-12.

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.

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.

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).

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.”

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.”

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.”

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.”

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 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 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 2007-323, 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 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 2010-111, s. 1 was codified as G.S. 115C-12(25a) at the direction of the Revisor of Statutes.

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 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 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. 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. 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 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 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 2017-157, 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 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), as amended by Session Laws 2021-170, s. 3, provides: “No later than October 15, 2023, 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.

Session Laws 2021-130, s. 1.1, provides: “Display of School Performance Grades. — Notwithstanding G.S. 115C-12(9)c1. and G.S. 115C-83.15, the State Board of Education shall not calculate achievement, growth, and performance scores nor display performance scores, growth designations, and letter grades for schools for the 2021-2022 school year, based on data from the 2020-2021 school year, but shall display a brief explanation that achievement, growth, and performance scores and letter grades were not calculated and assigned for the 2021-2022 school year because assessment data was heavily impacted by COVID-19 during the 2020-2021 school year.”

Session Laws 2021-130, s. 1.2(a), provides: “Annual Report Cards. — Notwithstanding G.S. 115C-12(9)c1. and Part 1B of Article 8 of Chapter 115C of the General Statutes, the State Board of Education shall issue an annual report card for public school units for the 2021-2022 school year, based on data from the 2020-2021 school year, that only meets the minimum accountability, school identification, and related reporting requirements of the Elementary and Secondary Education Act of 1965 (ESEA), as amended, required under the federal waiver granted by the United States Department of Education to the State of North Carolina for the 2020-2021 school year, dated March 26, 2021.”

Session Laws 2021-130, s. 7, provides: “Notwithstanding G.S. 115C-12(9d)a., for the 2020-2021 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 2021-130, s. 11(a), provides: “Notwithstanding G.S. 20-11(n), 115C-12(28), 115C-218.70, 115C-288(k), 115C-566, and 115D-5(a3), a person required to sign a driving eligibility certificate shall issue the driving eligibility certificate without requiring the person to whom it is issued to be making progress toward obtaining a high school diploma or its equivalent, and no school authority shall notify the Division of Motor Vehicles that a person no longer meets the requirements for a driving eligibility certificate because the person is not making progress toward obtaining a high school diploma or its equivalent.” Session Laws 2021-130, s. 11(b), provides that Session Laws 2021-130, s. 11(a), expires effective January 30, 2022.

Session Laws 2021-132, s. 6(i), made subdivision (47), as added by Session Laws 2021-132, s. 6(a), effective September 1, 2021, and applicable beginning with the 2021-2022 school year.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, 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.

Session Laws 2021-132, s. 6(a), added subdivision (47). For effective date and applicability, see editor’s note.

Session Laws 2021-180, s. 7.9(a), effective July 1, 2021, added subdivision (48).

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).

For article, “When Speech is Your Stock in Trade: What Kennedy v. Bremerton School District Reveals About the Future of Employee Speech and Religion Jurisprudence,” see 42 Campbell L. Rev. 31 (2020).

§ 115C-12. Powers and duties of the Board generally. [Effective July 1, 2022]

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. Repealed by Session Laws 1987 (Regular Session, 1988), c. 1025, s. 1.
5. Repealed by Session Laws 1987 (Regular Session, 1988), c. 1025, s. 1.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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:
    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.

       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:

       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.

          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.

    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.
11. , (9b) Repealed by Session Laws 2005-458, s. 1, effective October 2, 2005.
12. 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.
13. 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).
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
    1. 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.
    2. 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.
    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.
21. 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.
22. Duty to Develop and Implement a Uniform Education Reporting System, Which Shall Include Standards and Procedures for Collecting Fiscal and Personnel Information. —
    1. 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.
    2. 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.
    3. 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.
    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.
23. 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.
24. 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.
25. 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.
26. 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.
27. Power to Adopt Rules for Interscholastic Athletic Activites. —  The State Board of Education shall adopt rules governing interscholastic athletic activities conducted by local boards of education, including eligibility for student participation, in accordance with this subdivision and Article 29E of this Chapter. With regard to middle schools and high schools, the rules shall provide for the following:
    1. 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.
    2. 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.
    3. 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.
    4. Each school shall maintain complete and accurate records of its compliance with the requirements of this subdivision pertaining to head injuries.
28. 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.
29. 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.
30. [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%).

       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.

31. Repealed by Session Laws 2012-142, s. 7.13(d), effective July 1, 2012.
32. Repealed by Session Laws 2012-142, s. 7.13(f), effective July 1, 2012.
33. 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.
34. 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.
35. 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:
    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).

          These rules shall apply to public schools and charter schools.

    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.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.
36. 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.
37. 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.
38. 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.
39. 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:
    1. 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.
    2. Procedures for regular review of an individual care plan.
    3. 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.
    4. 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.
40. 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.
41. 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.
42. 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.
43. 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:
    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.
44. 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.
45. 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.
46. 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.
47. Repealed by Session Laws 2012-194, s. 55(a), effective July 17, 2012.
48. 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.
49. (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.
50. 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.
51. 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.
52. 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.
53. 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.
54. 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.
55. 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.
56. Duty Regarding Child Abuse and Neglect. —  The State Board of Education, in consultation with the Superintendent of Public Instruction, shall adopt a rule requiring information on child abuse and neglect, including age-appropriate information on sexual abuse, to be provided by public school units to students in grades six through 12. This rule shall also apply to high schools under the control of The University of North Carolina. Information shall be provided in the form of (i) a document provided to all students at the beginning of each school year and (ii) a display posted in visible, high-traffic areas throughout each public secondary school. The document and display shall include, at a minimum, the following information:
    1. Likely warning signs indicating that a child may be a victim of abuse or neglect, including age-appropriate information on sexual abuse.
    2. The telephone number used for reporting abuse and neglect to the department of social services in the county in which the school is located, in accordance with G.S. 7B-301.
    3. A statement that information reported pursuant to sub-subdivision b. of this subdivision shall be held in the strictest confidence, to the extent permitted by law, pursuant to G.S. 7B-302(a1).
    4. Available resources developed pursuant to G.S. 115C-105.51, including the anonymous safety tip line application.
57. Computer Science Reporting. —    The State Board of Education shall report annually by November 15 to the Joint Legislative Education Oversight Committee, the Senate Appropriations Committee on Education/Higher Education, and the House Appropriations Committee on Education on the following data related to computer science participation. For each item, the report shall include (i) statewide data for the current school year, and the four years prior when data is available, to establish trends in computer science instruction and (ii) data for the current school year for each public school unit, disaggregated by school within that unit:
    1. The number of teachers employed to teach computational thinking and computer science.
    2. The statewide courses and local elective courses offered in computer science and computational thinking, and the number of students enrolled in each of those courses. For public school units, the report shall indicate when courses are offered on a semester basis.
    3. The number of students enrolled in computer science and computational thinking courses by grade level.
    4. For sub-subdivisions b. and c. of this subdivision, the report shall also include information on enrollment numbers by the following subgroups:
       1. Economically disadvantaged students.
       2. Students from major racial and ethnic groups.
       3. Students by gender.
       4. Children with disabilities.
       5. English learners.

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); 2021-132, s. 6(a); 2021-180, s. 7.9(a); 2021-184, s. 2(a).

Section Set Out Twice.

The section above is effective July 1, 2022. For the section as in effect until July 1, 2022, see the preceding section, also numbered G.S. 115C-12.

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.

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.

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).

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.”

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.”

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.”

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.”

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 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 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 2007-323, 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 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 2010-111, s. 1 was codified as G.S. 115C-12(25a) at the direction of the Revisor of Statutes.

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 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 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. 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. 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 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 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 2017-157, 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 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), as amended by Session Laws 2021-170, s. 3, provides: “No later than October 15, 2023, 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.

Session Laws 2021-130, s. 1.1, provides: “Display of School Performance Grades. — Notwithstanding G.S. 115C-12(9)c1. and G.S. 115C-83.15, the State Board of Education shall not calculate achievement, growth, and performance scores nor display performance scores, growth designations, and letter grades for schools for the 2021-2022 school year, based on data from the 2020-2021 school year, but shall display a brief explanation that achievement, growth, and performance scores and letter grades were not calculated and assigned for the 2021-2022 school year because assessment data was heavily impacted by COVID-19 during the 2020-2021 school year.”

Session Laws 2021-130, s. 1.2(a), provides: “Annual Report Cards. — Notwithstanding G.S. 115C-12(9)c1. and Part 1B of Article 8 of Chapter 115C of the General Statutes, the State Board of Education shall issue an annual report card for public school units for the 2021-2022 school year, based on data from the 2020-2021 school year, that only meets the minimum accountability, school identification, and related reporting requirements of the Elementary and Secondary Education Act of 1965 (ESEA), as amended, required under the federal waiver granted by the United States Department of Education to the State of North Carolina for the 2020-2021 school year, dated March 26, 2021.”

Session Laws 2021-130, s. 7, provides: “Notwithstanding G.S. 115C-12(9d)a., for the 2020-2021 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 2021-130, s. 11(a), provides: “Notwithstanding G.S. 20-11(n), 115C-12(28), 115C-218.70, 115C-288(k), 115C-566, and 115D-5(a3), a person required to sign a driving eligibility certificate shall issue the driving eligibility certificate without requiring the person to whom it is issued to be making progress toward obtaining a high school diploma or its equivalent, and no school authority shall notify the Division of Motor Vehicles that a person no longer meets the requirements for a driving eligibility certificate because the person is not making progress toward obtaining a high school diploma or its equivalent.” Session Laws 2021-130, s. 11(b), provides that Session Laws 2021-130, s. 11(a), expires effective January 30, 2022.

Session Laws 2021-132, s. 6(i), made subdivision (47), as added by Session Laws 2021-132, s. 6(a), effective September 1, 2021, and applicable beginning with the 2021-2022 school year.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, 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.

Session Laws 2021-132, s. 6(a), added subdivision (47). For effective date and applicability, see editor’s note.

Session Laws 2021-180, s. 7.9(a), effective July 1, 2021, added subdivision (48).

Session Laws 2021-184, s. 2(a), effective July 1, 2022, in subdivision (23), deleted “Eligibility” preceding “Rules” and substituted “Activities” for “Competition” in the subdivision heading, at the end of the first sentence of the introductory language, added “in accordance with this subdivision and Article 29E of this Chapter,” and deleted the former last paragraph, which read: “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.”

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).

For article, “When Speech is Your Stock in Trade: What Kennedy v. Bremerton School District Reveals About the Future of Employee Speech and Religion Jurisprudence,” see 42 Campbell L. Rev. 31 (2020).

§ 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.”

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. Op. Att'y Gen. 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]

Repealed by Session Laws 1987, c. 414, s. 11.

§ 115C-15. [Repealed]

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]

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.

§ 115C-18. Election of Superintendent of Public Instruction.

The Superintendent of Public Instruction shall be elected by the qualified voters of the State in 1972 and every four years thereafter at the same time and places as members of the General Assembly are elected. His term of office shall be four years and shall commence on the first day of January next after election and continue until his successor is elected and qualified.

If the office of the Superintendent of Public Instruction is vacated by death, resignation, or otherwise, it shall be the duty of the Governor to appoint another to serve until his successor is elected and qualified. Every such vacancy shall be filled by election at the first election for members of the General Assembly that occurs more than 30 days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired term fixed in Article III, Sec. 7 of the Constitution of North Carolina. When a vacancy occurs in the office and the term expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill the vacancy for the unexpired term of the office. Upon the occurrence of a vacancy in the office for any of the causes stated herein, the Governor may appoint an interim officer to perform the duties of that office until a person is appointed or elected pursuant to Article III, Sec. 7 of the Constitution of North Carolina to fill the vacancy and is qualified.

The time of the election of the Superintendent of Public Instruction shall be in accordance with the provisions of Article 1 of Chapter 163 of the General Statutes.

The election, term and induction into office of the Superintendent of Public Instruction shall be in accordance with the provisions of G.S. 147-4.

History. 1981, c. 423, s. 1; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.

Cross References.

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

Re-recodification; Technical and Conforming Changes.

Session Laws 2017-6, s. 3, provides, in part: “The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled ‘Elections and Ethics Enforcement Act,’ as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate.” The Revisor was further authorized to make additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification, in consultation with the State Ethics Commission, the State Board of Elections, the Secretary of State, and the new Bipartisan State Board of Elections and Ethics Enforcement. Pursuant to this authority, the Revisor of Statutes substituted “Part 1 of Article 15 of Chapter 163A” for “Article 1 of Subchapter I of Chapter 163” in the third paragraph.

Session Laws 2018-146, ss. 3.1(a), (b), and 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the change.

§ 115C-19. Chief administrative officer of the State Board of Education.

As provided in Article IX, Sec. 4(2) of the North Carolina Constitution, the Superintendent of Public Instruction shall be the secretary and chief administrative officer of the State Board of Education. As provided in Sections 7 and 8 of Article III of the North Carolina Constitution, the Superintendent of Public Instruction shall be an elected officer and Council of State member and shall carry out the duties prescribed under G.S. 115C-21 as the administrative head of the Department of Public Instruction. The Superintendent of Public Instruction shall administer all needed rules and regulations adopted by the State Board of Education through the Department of Public Instruction.

History. 1955, c. 1372, art. 3, s. 1; 1971, c. 704, s. 5; 1981, c. 423, s. 1; 1987 (Reg. Sess., 1988), c. 1025, s. 4; 1995, c. 72, s. 1; 2016-126, 4th Ex. Sess., s. 3.

Editor’s Note.

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. 3, effective January 1, 2017, rewrote the section.

§ 115C-20. Office and salary.

The Superintendent of Public Instruction shall keep his office in the Education Building in Raleigh, and his salary shall be set by the General Assembly in the Current Operations Appropriations Act. In addition to the salary set by the General Assembly in the Current Operations Appropriations Act, longevity pay shall be paid on the same basis as is provided to employees of the State who are subject to the North Carolina Human Resources Act.

History. 1955, c. 1372, art. 3, s. 2; c. 1374; 1963, c. 1178, s. 2; 1967, c. 1130; c. 1237, s. 2; 1969, c. 1214, s. 2; 1971, c. 912, s. 2; 1973, c. 778, s. 2; 1975, 2nd Sess., c. 983, s. 17; 1977, c. 802, s. 42.15; 1981, c. 423, s. 1; 1983, c. 761, s. 210; 1983 (Reg. Sess., 1984), c. 1034, s. 164; 1987, c. 738, s. 32(b); 2013-382, s. 9.1(c).

Effect of Amendments.

Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted “North Carolina Human Resources Act” for “State Personnel Act” at the end of the last sentence.

§ 115C-21. Powers and duties generally.

1. Administrative Duties. —  It shall be the duty of the Superintendent of Public Instruction:
   1. To organize and establish a Department of Public Instruction which shall include divisions and departments for supervision and administration of the public school system, to administer the funds appropriated for the operation of the Department of Public Instruction, in accordance with all needed rules and regulations adopted by the State Board of Education, and to enter into contracts for the operations of the Department of Public Instruction. All appointments of administrative and supervisory personnel to the staff of the Department of Public Instruction and the State Board of Education, except for certain personnel appointed by the State Board of Education as provided in G.S. 115C-11(j), shall be under the control and management of the Superintendent of Public Instruction who may terminate these appointments in conformity with Chapter 126 of the General Statutes, the North Carolina Human Resources Act.
   2. To keep the public informed as to the problems and needs of the public schools by constant contact with all school administrators and teachers, by personal appearance at public gatherings, and by information furnished to the press of the State.
   3. To report biennially to the Governor 30 days prior to each regular session of the General Assembly, such report to include information and statistics of the public schools, with recommendations for their improvement and for changes in the school law.
   4. To have printed and distributed such educational bulletins as are necessary for the professional improvement of teachers and for the cultivation of public sentiment for public education, and to have printed all forms necessary and proper for the administration of the Department of Public Instruction.
   5. To have under his or her direction and control, all matters relating to the direct supervision and administration of the public school system.
   6. To create and administer special funds within the Department of Public Instruction to manage funds received as grants from nongovernmental sources in support of public education in accordance with G.S. 115C-410.
   7. Repealed by Session Laws 1995, c. 72, s. 2.
   8. To administer, through the Department of Public Instruction, all needed rules and regulations established by the State Board of Education.
   9. To have under his or her direction and control all matters relating to the provision of staff services, except certain personnel appointed by the State Board as provided in G.S. 115C-11(j), and support of the State Board of Education, including implementation of federal programs on behalf of the State Board.
2. Duties as Secretary to the State Board of Education. —  As secretary to the State Board of Education, it shall be the duty of the Superintendent of Public Instruction:
   1. Repealed by Session Laws 2016-126, 4th Ex. Sess., s. 4, effective January 1, 2017.
   2. Repealed by Session Laws 1995, c. 72, s. 2.
   3. To administer funds appropriated for the operations of the State Board of Education and for aid to local school administrative units.
   4. To keep the Board informed regarding developments in the field of public education.
   5. To make recommendations to the Board with regard to the problems and needs of education in North Carolina.
   6. To make available to the public schools a continuous program of comprehensive supervisory services.
   7. To collect and organize information regarding the public schools, on the basis of which he or she shall furnish the Board such tabulations and reports as may be required by the Board.
   8. To communicate to the public school administrators all information and instructions regarding needed rules and regulations adopted by the Board.
   9. To have custody of the official seal of the Board and to attest all deeds, leases, or written contracts executed in the name of the Board. All deeds of conveyance, leases, and contracts affecting real estate, title to which is held by the Board, and all contracts of the Board required to be in writing and under seal, shall be executed in the name of the Board by the chairman and attested by the secretary; and proof of the execution, if required or desired, may be had as provided by law for the proof of corporate instruments.
   10. To attend all meetings of the Board and to keep the minutes of the proceedings of the Board in a well-bound and suitable book, which minutes shall be approved by the Board prior to its adjournment; and, as soon thereafter as possible, to furnish to each member of the Board a copy of said minutes.
   11. To perform such other duties as may be necessary and appropriate for the Superintendent of Public Instruction in the role as secretary to the Board.

History. 1955, c. 1372, art. 2, s. 2; art. 3, ss. 3, 4; 1957, c. 541, s. 11; 1961, c. 969; 1963, c. 448, ss. 24, 27; c. 688, ss. 1, 2; c. 1223, s. 1; 1965, c. 1185, s. 2; 1967, c. 643, s. 1; 1969, c. 517, s. 1; 1971, c. 704, s. 4; c. 745; 1973, c. 476, s. 138; c. 675; 1975, c. 699, ss. 2, 3; c. 975; 1979, c. 300, s. 1; c. 935; 1981, c. 423, s. 1; 1985, c. 479, s. 37; 1987 (Reg. Sess., 1988), c. 1025, ss. 5-8; 1989, c. 752, s. 78(a); 1989 (Reg. Sess., 1990), c. 1066, s. 102; 1991 (Reg. Sess., 1992), c. 812, s. 6(g); c. 1044, s. 22(a); 1993, c. 522, s. 1; 1995, c. 72, s. 2; 2014-115, s. 55.4(b); 2016-126, 4th Ex. Sess., s. 4.

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).

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

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.

For provisions regarding the Task Force on the Consolidation of Early Childhood Education and Care under Session Laws 2009-451, s. 10.7A, and the later Joint Legislative Study Committee on the Consolidation of Early Childhood Education and Care under Session Laws 2010-152, ss. 27.1 through 27.3, see the notes at G.S. 143B-138.1 and G.S. 143B-168.10.

Session Laws 2017-57, s. 7.16(a)-(g), as amended by Session Laws 2018-5, s. 7.6, provides: “(a) The Department of Public Instruction shall implement the School Business System Modernization Plan, as proposed by the State Board of Education in the report required by Section 8.15(b) of S.L. 2016-94, using the funds appropriated by this act for that purpose. It is the intent of the General Assembly to fund a multiphase, multiyear project to (i) modernize State and local education financial, human capital, and school information systems, (ii) provide for a common reporting system and analytics system, (iii) integrate financial, payroll, human resources, and related human capital systems through the use of a new software as a service enterprise resource planning (ERP) solution, make enhancements to existing local systems, or both, and (iv) link the State licensure system with the upgraded local systems. The State Superintendent of Public Instruction (State Superintendent) shall review and improve business processes in the Department of Public Instruction, as appropriate, and modernize State systems at the Department.

“(b) The State Superintendent shall work with the Friday Institute for Educational Innovation at North Carolina State University, the Government Data Analytics Center (GDAC), local superintendents, charter school leadership, and local school administrative unit personnel administrators and finance officers to establish common data reporting requirements consistent with the Uniform Education Reporting System established by the State Board of Education. All local school administrative units and charter schools shall comply with the reporting requirements.

“(b1) The State Superintendent shall work with the Friday Institute for Educational Innovation at North Carolina State University, GDAC, and other State agencies to improve communication between computer systems. The State Superintendent shall ensure, to the extent practicable, that its modernized computer systems are able to share data with computer systems at other State agencies, community colleges, and constituent institutions of The University of North Carolina.

“(c) Of the funds appropriated to the Department of Public Instruction by this act for the school business system modernization plan for the 2017-2019 fiscal biennium, the Department may use the sum of up to one million four hundred thirty thousand dollars ($1,430,000) in the 2017-2018 fiscal year and one million four hundred twenty thousand dollars ($1,420,000) in the 2018-2019 fiscal year to establish positions, to contract for services, or both for business-specific project management. The State Superintendent shall be responsible for the implementation of the activities specified under this subsection and may appoint one of the positions established pursuant to Section 7.10 of this act to oversee the business-specific project management required to implement the school business system modernization plan and other operating costs as necessary.

“(d) Of the funds appropriated to the Department of Public Instruction by this act for the school business system modernization plan for the 2017-2019 fiscal biennium, the Department shall transfer up to three million two hundred fifty thousand dollars ($3,250,000) for the 2017-2018 fiscal year and up to three million dollars ($3,000,000) for the 2018-2019 fiscal year to GDAC to leverage existing public-private partnerships for the development, deployment, and ongoing provision of a data integration service that consolidates data from financial, human resources, licensure, student information, the Education Value-Added Assessment System (EVAAS), and related systems. Implementation shall also include development and deployment of a modern analytical platform and reporting environment. By December 1 of each fiscal year, GDAC shall execute any contractual agreements and interagency data sharing agreements necessary to develop the reporting system established by this section.

“(e) As required by Section 8.15(c) of S.L. 2016-94, the State Superintendent shall issue a Request for Proposal for an ERP software as a service solution by October 1, 2017. The State Superintendent may issue additional requests for proposals as needed to complete the requirements of subsection (a) of this section. The State Superintendent shall select the vendors for the development and implementation of the ERP and other enhancement solutions.

“(f) Prior to executing any contractual agreements and interagency data sharing agreements necessary to develop the financial reporting system as provided for in this section, the State Superintendent shall submit to the Joint Legislative Education Oversight Committee (Committee) and the Fiscal Research Division an initial report by September 15, 2017, on the progress of GDAC’s development and deployment of a data integration service that consolidates data from financial, human resources, licensure, student information, and related systems. The State Superintendent shall also submit an interim report to the Committee and the Fiscal Research Division by January 30, 2018, on the selection of a vendor for an ERP software as a service solution. Thereafter, the State Superintendent shall submit annual reports to the Committee and the Fiscal Research Division by March 15 of each year on the expenditure of funds for the project and progress of implementation until the completion of the project.

“(g) Funds appropriated to the Department of Public Instruction for the 2017-2019 fiscal biennium to implement the school business modernization system shall not revert at the end of the fiscal year but shall remain available until expended.”

Session Laws 2017-57, s. 7.17(a), (b), provides: “(a) The Department of Public Instruction shall use up to two hundred thousand dollars ($200,000) each fiscal year of the 2017-2019 fiscal biennium to support the purchase of a Web-based electronic records and data reporting management system to automate and streamline reporting and accountability requirements to assist the Office of Charter Schools (OCS) in complying with the annual reporting obligations of charter schools from the following available funds:

“(1) For the 2017-2018 fiscal year, the Department shall use funds appropriated to the Department for the Uniform Education Reporting System (UERS) by S.L. 2015-241 for the 2016-2017 fiscal year that were unexpended and did not revert at the end of the 2016-2017 fiscal year in accordance with Section 8.7 of that act.

“(2) For the 2018-2019 fiscal year, the Department shall use funds appropriated to the Department for UERS by this act for the 2017-2018 fiscal year that are unexpended and do not revert at the end of the 2017-2018 fiscal year in accordance with Section 7.6 of this act.

“(b) The Department shall purchase a system pursuant to subsection (a) of this section that meets all of the following requirements:

“(1) Allows OCS to develop and assign submission types to manage compliance with applicable law, control document transparency reporting, and create and manage users and roles throughout the system.

“(2) Controls collections of documents to assist in core authorizing functions, including the charter school application and charter school renewal processes.

“(3) Provides for the visualization of academic, financial, and demographic information for either an individual school or a portfolio of charter schools.

“(4) Provides for the safe and secure electronic storage of documents in a Tier 3 datacenter that meets the following standards:

“a. Sarbanes-Oxley Act (SOX) compliant, including Statement on Auditing Standards (SAS) No. 70, Statement on Standards for Attestation Engagements (SSAE) No. 16, Service Organization Control (SOC) No. 1, and SOC No. 2.

“b. Health Insurance Portability and Accountability Act (HIPAA) compliant, including the Office for Civil Rights (OCR) HIPAA Audit Protocol.

“c. Payment Card Industry (PCI) Data Security Standard (DSS) compliant.

“d. Safe Harbor certification program compliant.”

Session Laws 2017-57, s. 7.23(a)-(d), provides: “(a) Program Purpose. — The Department of Public Instruction shall establish the Coding and Mobile Application Grant Program (Program) to develop industry partnerships with local school administrative units and charter schoolsto design and implement computer science, coding, and mobile application development curricular programs for middle school and high school students. Funds appropriated for the Program shall be used to award competitive grants of up to four hundred thousand dollars ($400,000) each fiscal year to grant recipients. Grant funds shall be used for the purchase of equipment, digital materials, and related capacity building activities, which may include teacher professional development for coding, computer science, and mobile application development initiatives. Grant recipients shall use no more than five percent (5%) of the grant award each fiscal year for administrative costs.

“(b) Program Criteria and Guidelines; Applications. — By August 15, 2017, the Superintendent of Public Instruction shall establish criteria and guidelines for grant applications and Program requirements for local school administrative units and charter schools, including sufficient curricular rigor for courses offered to students. The Department of Public Instruction shall accept applications for the first year of the Program until October 15, 2017. For subsequent fiscal years in which funds are available for new applications to the Program, the Department shall accept applications until May 15 of that year. Grant applicants shall submit at least the following information in their applications:

“(1) A description of how the proposed partnership initiative will provide increased career opportunities for students to engage in high-wage, high-skill, and high-demand occupations.

“(2) Demonstrated evidence of employer demand for the partnership initiative and related career and technical education (CTE) training, including documentation of industry involvement in the partnership initiative.

“(3) A proposed budget for the partnership initiative, including demonstrated commitment of local or regional partners to sustain the programs beyond the initial grant funding.

“(4) A description of how the proposed initiative aligns with other programs, including CTE, Career and College Pathways, and postsecondary programs and, if appropriate, how equipment necessary for the initiative will be utilized by partners.

“(5) A description of how the project will create innovative, nontraditional, and immediate career pathways for students to enter high demand jobs in the development of mobile software applications.

“(c) Selection of Recipients. — In selecting recipients for the Program, the Superintendent of Public Instruction shall consider diversity among the pool of applicants, including geographic location, the positive impact on the community of industry partnerships, and the size of the student population served by the recipient, in order to award funds to the extent possible to grant recipients that represent different characteristics of the State. The Superintendent of Public Instruction shall select initial grant recipients by November 15, 2017, to begin implementation of the partnership initiatives under the Program as early as the spring semester of the 2017-2018 school year. For subsequent fiscal years in which funds are available for new applications to the Program, the Superintendent shall select grant recipients by July 15 of that year.

“(d) Reporting Requirements. — By August 1 of each year of the Program, grant recipients shall submit a report to the Department of Public Instruction, beginning with an initial report by August 1, 2018, for the preceding year in which grant funds were expended that provides at least the following information on the partnership initiative:

“(1) The use of grant funds.

“(2) The number of students by grade level participating in the partnership initiative.

“(3) The number of students who subsequently participated in work-based opportunities, internships, or apprenticeship programs and a description of the types of opportunities for those students.

“(4) Student outcome data regarding job attainment and postsecondary opportunities as a result of the partnership initiative.

“(5) Any other information the Superintendent of Public Instruction deems necessary.

“By September 15 of each year of the Program, the Department shall report to the Joint Legislative Education Oversight Committee and the Fiscal Research Division, beginning with an initial report by September 15, 2018, on grant recipients and implementation of the program, including the information required to be reported to the Department pursuant to this subsection and any legislative recommendations for modifications or expansion of the Program.”

Session Laws 2017-57, s. 7.24(a)-(e), provides: “(a) Of the funds appropriated by this act for the At-Risk Student Services Alternative School Allotment for the 2017-2019 fiscal biennium, the Department of Public Instruction shall use up to six million dollars ($6,000,000) for the 2017-2018 fiscal year and up to six million dollars ($6,000,000) for the 2018-2019 fiscal year for the Extended Learning and Integrated Student Supports Competitive Grant Program (Program). Of these funds, the Department of Public Instruction may use up to two hundred thousand dollars ($200,000) for each fiscal year to administer the Program.

“(b) The purpose of the Program is to fund high-quality, independently validated extended learning and integrated student support service programs for at-risk students that raise standards for student academic outcomes by focusing on the following:

“(1) Use of an evidence-based model with a proven track record of success.

“(2) Inclusion of rigorous, quantitative performance measures to confirm effectiveness of the program.

“(3) Deployment of multiple tiered supports in schools to address student barriers to achievement, such as strategies to improve chronic absenteeism, anti-social behaviors, academic growth, and enhancement of parent and family engagement.

“(4) Alignment with State performance measures, student academic goals, and the North Carolina Standard Course of Study.

“(5) Prioritization in programs to integrate clear academic content, in particular, science, technology, engineering, and mathematics (STEM) learning opportunities or reading development and proficiency instruction.

“(6) Minimization of student class size when providing instruction or instructional supports and interventions.

“(7) Expansion of student access to high-quality learning activities and academic support that strengthen student engagement and leverage community-based resources, which may include organizations that provide mentoring services and private-sector employer involvement.

“(8) Utilization of digital content to expand learning time, when appropriate.

“(c) Grants shall be used to award funds for new or existing eligible programs for at-risk students operated by (i) nonprofit corporations and (ii) nonprofit corporations working in collaboration with local school administrative units. Grant participants are eligible to receive grants for up to two years in an amount of up to five hundred thousand dollars ($500,000) each year. Programs should focus on serving (i) at-risk students not performing at grade level as demonstrated by statewide assessments, (ii) students at-risk of dropout, and (iii) students at-risk of school displacement due to suspension or expulsion as a result of anti-social behaviors. Priority consideration shall be given to applications demonstrating models that focus services and programs in schools that are identified as low-performing pursuant to G.S. 115C-105.37.

“A grant participant shall provide certification to the Department of Public Instruction that the grants received under the program shall be matched on the basis of three dollars ($3.00) in grant funds for every one dollar ($1.00) in nongrant funds. Matching funds shall not include other State funds. The Department shall also give priority consideration to an applicant that is a nonprofit corporation working in partnership with a local school administrative unit resulting in a match utilizing federal funds under Part A of Title I of the Elementary and Secondary Education Act of 1965, as amended, or Title IV of the Higher Education Act of 1965, as amended, and other federal or local funds. Matching funds may include in-kind contributions for up to fifty percent (50%) of the required match.

“(d) A nonprofit corporation may act as its own fiscal agent for the purposes of this Program. Grant recipients shall report to the Department of Public Instruction for the year in which grant funds were expended on the progress of the program, including alignment with State academic standards, data collection for reporting student progress, the source and amount of matching funds, and other measures, before receiving funding for the next fiscal year. Grant recipients shall also submit a final report on key performance data, including statewide test results, attendance rates, graduation rates, and promotion rates, and financial sustainability of the program.

“(e) The Department of Public Instruction shall provide an interim report on the Program to the Joint Legislative Education Oversight Committee by September 15, 2018, with a final report on the Program by September 15, 2019. The final report shall include the final results of the Program and recommendations regarding effective program models, standards, and performance measures based on student performance, leveraging of community-based resources to expand student access to learning activities, academic and behavioral support services, and potential opportunities for the State to invest in proven models for future grants programs.”

Session Laws 2018-5, s. 7.25(a)-(c), as amended by Session Laws 2020-78, s. 2.4, provides: “(a) Program; Purpose. — Of the funds appropriated to the Department of Public Instruction by this act for the Schools That Lead Pilot Program (Program), the Department shall contract with Schools That Lead, Inc., to provide professional development to teachers and principals in up to 75 schools, beginning with the 2018-2019 school year and ending in the 2020-2021 school year. The selected schools shall be charter schools or schools under the authority of a local school administrative unit. Professional development services shall be offered to teachers and principals in grades K-12. The Superintendent of Public Instruction, in consultation with Schools That Lead, Inc., shall determine which schools are eligible to participate in the Program. At a minimum, the Program shall offer services to three cohorts of schools, as follows:

“(1) High schools working to increase on-time graduation.

“(2) Middle schools working to prepare students to succeed in high school by reducing the likelihood of retention in the ninth grade for multiple school years.

“(3) Elementary schools working to reduce the number of students with early warning indicators of course failures, absences, and discipline.

“(b) Evaluation. — Of the funds appropriated to the Department by this act for the Program, the Department shall use up to one hundred thousand dollars ($100,000) to contract with an independent research organization to measure the impacts of the Program on student outcomes, including, but not limited to (i) on-time graduation in high school, (ii) ninth grade retention rates, and (iii) course failures, absences, and discipline in elementary school. The independent research organization shall report its interim findings to the Department no later than June 30, starting in 2019, and shall submit a final report no later than June 30, 2022.

“(c) Report. — The Department of Public Instruction, in consultation with Schools That Lead, Inc., shall submit a report on the impacts of the Program authorized by subsection (a) of this section, including, but not limited to, an accounting of expenditures, school performance data, principal performance data, teacher performance data, and student outcome data, beginning October 1, 2019, and continuing each year thereafter until October 1, 2022, to the Joint Legislative Education Oversight Committee and the Fiscal Research Division. The October 1, 2022, report shall include a summary and copy of the final report provided by the independent research organization pursuant to subsection (b) of this section.”

Session Laws 2018-5, s. 7.27(a)-( l ), provides: “(a) Definitions. — For purposes of this section, the following definitions shall apply:

“(1) Community partner. — A public or private entity, including, but not limited to, a nonprofit corporation or a local management entity/managed care organization (LME/MCO), that partners with a local school administrative unit to provide services for the unit.

“(2) Public school unit. — A local school administrative unit, regional school, innovative school, laboratory school, or charter school.

“(3) School mental health support personnel. — School nurses, school counselors, school psychologists, and school social workers.

“(b) Program; Purpose. — The Superintendent of Public Instruction shall establish the School Safety Grants Program (program). The purpose of the program shall be to improve safety in public school units by providing grants for (i) school safety resource officers, (ii) services for students in crisis, (iii) school safety training, (iv) safety equipment in schools, and (v) additional school mental health support personnel.

“(c) Grant Applications. — A public school unit or community partner, as appropriate, may submit an application to the Superintendent of Public Instruction for a grant pursuant to this section. The application shall include an assessment, to be performed in conjunction with a local law enforcement agency, of the need for improving school safety within the public school unit that would receive the funding or services. The application shall identify current and ongoing needs and estimated costs associated with those needs.

“(d) Criteria and Guidelines. — By August 1, 2018, the Superintendent of Public Instruction shall develop criteria and guidelines for the administration and use of the grants pursuant to this section, including any documentation required to be submitted by applicants. In assessing grant applications, the Superintendent of Public Instruction shall consider at least all of the following factors:

“(1) The level of resources available to the public school unit that would receive the funding or services.

“(2) Whether the public school unit has received other grants of funding for school safety.

“(3) The overall impact on student safety in the public school unit if the identified needs are funded.

“(e) Grants for School Resource Officers. — Of the funds appropriated to the Department of Public Instruction by this act for the program in the 2018-2019 fiscal year, the Superintendent of Public Instruction shall use up to twelve million dollars ($12,000,000) in recurring funds to award grants to public school units for school resource officers in elementary and middle schools. Grants shall be matched on the basis of two dollars ($2.00) in State funds for every one dollar ($1.00) in non-State funds.

“Public school units may use these funds to employ school resource officers in elementary and middle schools, to train them, or both. Training shall be provided, in partnership with the public school unit, by a community college, a local law enforcement agency, or the North Carolina Justice Academy. Any training shall include instruction on research into the social and cognitive development of elementary school and middle school children.

“(f) Grants for Students in Crisis. — Of the funds appropriated to the Department of Public Instruction by this act for the program in the 2018-2019 fiscal year, the Superintendent of Public Instruction, in consultation with the Department of Health and Human Services, shall use up to two million dollars ($2,000,000) in nonrecurring funds to award grants to community partners to provide any of the following crisis services:

“(1) Crisis respite services for parents or guardians of an individual student to prevent more intensive or costly levels of care.

“(2) Training and expanded services for therapeutic foster care families and licensed child placement agencies that provide services to students who (i) need support to manage their health, welfare, and safety and (ii) have any of the following:

“a. Cognitive or behavioral problems.

“b. Developmental delays.

“c. Aggressive behavior.

“(3) Evidence-based therapy services aligned with targeted training for students and their parents or guardians, including any of the following:

“a. Parent-child interaction therapy.

“b. Trauma-focused cognitive behavioral therapy.

“c. Dialectical behavior therapy.

“d. Child-parent psychotherapy.

“(4) Any other crisis service, including peer-to-peer mentoring, that is likely to increase school safety. Of the funds allocated to the Superintendent for grants pursuant to this section, the Superintendent shall not use more than ten percent (10%) for the services identified in this subdivision.

“(g) Grants for Training to Increase School Safety. — Of the funds appropriated to the Department of Public Instruction by this act for the program in the 2018-2019 fiscal year, the Superintendent of Public Instruction, in consultation with the Department of Health and Human Services, shall use up to three million dollars ($3,000,000) in nonrecurring funds to award grants to community partners that will address school safety by providing training to help students develop healthy responses to trauma and stress. The training shall be targeted and evidence-based and shall include any of the following services:

“(1) Counseling on Access to Lethal Means (CALM) training for school mental health support personnel, local first responders, and teachers on the topics of suicide prevention and reducing access by students to lethal means.

“(2) Training for school mental health support personnel on comprehensive and evidence-based clinical treatments for students and their parents or guardians, including any of the following:

“a. Parent-child interaction therapy.

“b. Trauma-focused cognitive behavioral therapy.

“c. Behavioral therapy.

“d. Dialectical behavior therapy.

“e. Child-parent psychotherapy.

“(3) Training for students and school employees on community resilience models to improve understanding and responses to trauma and significant stress.

“(4) Training for school mental health support personnel on Modular Approach to Therapy for Children with Anxiety, Depression, Trauma, or Conduct problems (MATCH-ADTC), including any of the following components:

“a. Trauma-focused cognitive behavioral therapy.

“b. Parent and student coping skills.

“c. Problem solving.

“d. Safety planning.

“(5) Any other training, including the training on the facilitation of peer-to-peer mentoring, that is likely to increase school safety. Of the funds allocated to the Superintendent for grants pursuant to this section, the Superintendent shall not use more than ten percent (10%) for the services identified in this subdivision.

“(h) Grants for Safety Equipment. — Of the funds appropriated to the Department of Public Instruction by this act for the program in the 2018-2019 fiscal year, the Superintendent of Public Instruction, in consultation with the Department of Health and Human Services, shall use up to three million dollars ($3,000,000) in nonrecurring funds to award grants to local school administrative units, regional schools, innovative schools, or laboratory schools for the purchase of safety equipment for government-owned school buildings.

“(i) Grants for School Mental Health Support Personnel. — Of the funds appropriated to the Department of Public Instruction by this act for the program in the 2018-2019 fiscal year, the Superintendent of Public Instruction shall use up to ten million dollars ($10,000,000) in nonrecurring funds to award grants to public school units to provide all or a portion of the salary and benefits costs needed to employ additional school mental health support personnel during the 2018-2019 fiscal year. It is the intent of the General Assembly to provide an additional ten million dollars ($10,000,000) for grants for school mental health support personnel, as defined in this section, in the 2019-2020 fiscal year.

“(j) Supplement Not Supplant. — Grants provided to public school units pursuant to the program shall be used to supplement and not to supplant State or non-State funds already provided for these services.

“(k) Administrative Costs. — Of the funds appropriated to the Department of Public Instruction by this act for the program in the 2018-2019 fiscal year, the Superintendent of Public Instruction may retain up to one hundred thousand dollars ($100,000) for administrative costs associated with the program.

“(l) Report. — No later than April 1, 2019, the Superintendent of Public Instruction shall report on the program to the Joint Legislative Education Oversight Committee, the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Justice and Public Safety, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division. The report shall include the identity of each entity that received a grant through the program, the amount of funding provided to each entity that received a grant, the use of funds by each entity that received a grant, and recommendations for the implementation of additional effective school safety measures.”

Session Laws 2019-222, s. 3.1(b), provides: “For the 2019-2020 fiscal year, the Department of Public Instruction shall administer the following school safety grants:

“(1) Definitions. — For purposes of this subsection, the following definitions shall apply:

“a. Community partner. — A public or private entity, including, but not limited to, a nonprofit corporation or a local management entity/managed care organization (LME/MCO), that partners with a qualifying public school unit to provide services or pay for the provision of services for the unit.

“b. Qualifying public school unit. — A local school administrative unit, regional school, innovative school, laboratory school, or charter school.

“(2) Program; purpose. — The Superintendent of Public Instruction shall establish the 2019 School Safety Grants Program (Program). The purpose of the Program shall be to improve safety in qualifying public school units by providing grants for (i) services for students in crisis, (ii) school safety training, and (iii) safety equipment in schools.

“(3) Grant applications. — A qualifying public school unit may submit an application to the Superintendent of Public Instruction for one or more grants pursuant to this section. The application shall include an assessment, to be performed in conjunction with a local law enforcement agency, of the need for improving school safety within the qualifying public school unit that would receive the funding or services. The application shall identify current and ongoing needs and estimated costs associated with those needs.

“(4) Criteria and guidelines. — By November 1, 2019, the Superintendent of Public Instruction shall develop criteria and guidelines for the administration and use of the grants pursuant to this subsection, including any documentation required to be submitted by applicants. In assessing grant applications, the Superintendent of Public Instruction shall consider at least all of the following factors:

“a. The level of resources available to the qualifying public school unit that would receive the funding.

“b. Whether the qualifying public school unit has received other grants for school safety.

“c. The overall impact on student safety in the qualifying public school unit if the identified needs are funded.

“(5) Grants for students in crisis. — Of the funds appropriated to the Department of Public Instruction by this act for students in crisis, the Superintendent of Public Instruction, in consultation with the Department of Health and Human Services, shall award grants to qualifying public school units to contract with community partners to provide or pay for the provision of any of the following crisis services:

“a. Crisis respite services for parents or guardians of an individual student to prevent more intensive or costly levels of care.

“b. Training and expanded services for therapeutic foster care families and licensed child placement agencies that provide services to students who (i) need support to manage their health, welfare, and safety and (ii) have any of the following:

“1. Cognitive or behavioral problems.

“2. Developmental delays.

“3. Aggressive behavior.

“c. Evidence-based therapy services aligned with targeted training for students and their parents or guardians, including any of the following:

“1. Parent-child interaction therapy.

“2. Trauma-focused cognitive behavioral therapy.

“3. Dialectical behavior therapy.

“4. Child-parent psychotherapy.

“d. Any other crisis service, including peer-to-peer mentoring, that is likely to increase school safety. Of the funds allocated to the Superintendent for grants pursuant to this subdivision, the Superintendent shall not use more than ten percent (10%) for the services identified in this sub-subdivision.

“(6) Grants for training to increase school safety. — Of the funds appropriated to the Department of Public Instruction by this act for training to increase school safety, the Superintendent of Public Instruction, in consultation with the Department of Health and Human Services, shall award grants to qualifying public school units to contract with community partners to address school safety by providing training to help students develop healthy responses to trauma and stress. The training shall be targeted and evidence-based and shall include any of the following services:

“a. Counseling on Access to Lethal Means (CALM) training for school mental health support personnel, local first responders, and teachers on the topics of suicide prevention and reducing access by students to lethal means.

“b. Training for school mental health support personnel on comprehensive and evidence-based clinical treatments for students and their parents or guardians, including any of the following:

“1. Parent-child interaction therapy.

“2. Trauma-focused cognitive behavioral therapy.

“3. Behavioral therapy.

“4. Dialectical behavior therapy.

“5. Child-parent psychotherapy.

“c. Training for students and school employees on community resilience models to improve understanding and responses to trauma and significant stress.

“d. Training for school mental health support personnel on Modular Approach to Therapy for Children with Anxiety, Depression, Trauma, or Conduct problems (MATCH-ADTC), including any of the following components:

“1. Trauma-focused cognitive behavioral therapy.

“2. Parent and student coping skills.

“3. Problem solving.

“4. Safety planning.

“e. Any other training, including the training on the facilitation of peer-to-peer mentoring, that is likely to increase school safety. Of the funds allocated to the Superintendent for grants pursuant to this subdivision, the Superintendent shall not use more than ten percent (10%) for the services identified in this sub-subdivision.

“(7) Grants for safety equipment. — Of the funds appropriated to the Department of Public Instruction by this section for grants for school safety equipment, the Superintendent of Public Instruction shall award grants to qualifying public school units for (i) the purchase of safety equipment for school buildings and (ii) training associated with the use of safety equipment purchased pursuant to this subsection. Notwithstanding G.S. 115C-218.105(b), charter schools may receive grants for school safety equipment pursuant to this subsection.

“(8) Supplement not supplant. — Grants provided to qualifying public school units or community partners pursuant to the Program shall be used to supplement and not to supplant State or non-State funds already provided for these services.

“(9) Administrative costs. — Of the funds appropriated to the Department of Public Instruction by this act for the grants provided in this subsection, the Superintendent of Public Instruction may retain a total of up to one hundred thousand dollars ($100,000) for administrative costs associated with the Program.

“(10) Report. — No later than April 1, 2020, the Superintendent of Public Instruction shall report on the program to the Joint Legislative Education Oversight Committee, the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Justice and Public Safety, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division. The report shall include the identity of each entity that received a grant through the Program, the amount of funding provided to each entity that received a grant, the use of funds by each entity that received a grant, and recommendations for the implementation of additional effective school safety measures.”

Session Laws 2019-222, s. 3.1(d) is an appropriations provision.

For similar prior provisions, see Session Laws 2018-5, s. 7.27, which was repealed by Session Laws 2019-222, s. 3.1(c).

Session Laws 2019-222, s. 4.1(a), (b), provides: “(a) For purposes of this section, the following definitions shall apply:

“(1) Participating unit. — A local school administrative unit that elects to transfer school mental health personnel to a requesting unit for a temporary period of time.

“(2) Requesting unit. — A local school administrative unit requesting additional school mental health support personnel for a temporary period of time.

“(3) School mental health support personnel. — School nurses, school counselors, school psychologists, and school social workers.

“(b) The Department of Public Instruction and the Center for Safer Schools, in consultation with the Department of Health and Human Services and the Department of Public Safety, Division of Emergency Management, shall develop a recommended program for facilitating the temporary transfer of school mental health support personnel from a participating unit to a requesting unit during or after a crisis. No later than March 15, 2020, the Department shall submit a report on the recommended program to the Joint Legislative Education Oversight Committee and the Joint Legislative Oversight Committee on Health and Human Services. The report shall outline the recommended program and include, at a minimum, the following information:

“(1) A suggested protocol for receiving and relaying requests for additional, temporary school mental health support personnel.

“(2) Anticipated costs associated with the temporary transfer of school mental health support personnel during or after a crisis.

“(3) Descriptions of and data from any similar programs existing in other states.

“(4) Additional recommendations for improving the ability of local school administrative units to share school mental health support personnel, when necessary, and appropriate reporting metrics related to the recommended program.”

Schools That Lead Program.

Session Laws 2021-180, s. 7.11(a)-(c), provides: “(a) Program; Purpose. – Of the funds appropriated to the Department of Public Instruction by this act for the Schools That Lead Program (Program), the Department shall contract with Schools That Lead, Inc., to provide professional development to teachers and principals in up to 75 schools, beginning with the 2021-2022 school year and ending in the 2025-2026 school year. The selected schools shall be charter schools or schools under the authority of a local school administrative unit. Professional development services shall be offered to teachers and principals in kindergarten through grade 12. The Superintendent of Public Instruction, in consultation with Schools That Lead, Inc., shall determine which schools are eligible to participate in the Program. At a minimum, the Program shall offer services to three cohorts of schools, as follows:

“(1) High schools working to increase on-time graduation.

“(2) Middle schools working to prepare students to succeed in high school by reducing the likelihood of retention in the ninth grade for multiple school years.

“(3) Elementary schools working to reduce the number of students with early warning indicators of course failures, absences, and discipline.

“(b) Evaluation. – Of the funds appropriated to the Department by this act for the Program, the Department shall use up to one hundred thousand dollars ($100,000) to contract with an independent research organization to measure the impacts of the Program on student outcomes, including, but not limited to, (i) on-time graduation in high school, (ii) ninth grade retention rates, and (iii) course failures, absences, and discipline in elementary school. The independent research organization shall report its interim findings to the Department no later than June 30, starting in 2023, and shall submit a final report no later than June 30, 2027.

“(c) Report. – The Department of Public Instruction, in consultation with Schools That Lead, Inc., shall submit a report on the impacts of the Program authorized by subsection (a) of this section, including, but not limited to, an accounting of expenditures, school performance data, principal performance data, teacher performance data, and student outcome data, beginning October 1, 2023, and continuing each year thereafter until October 1, 2027, to the Joint Legislative Education Oversight Committee, the Senate Appropriations Committee on Education/Higher Education, the House Appropriations Committee on Education, and the Fiscal Research Division. The October 1, 2027, report shall include a summary and copy of the final report provided by the independent research organization pursuant to subsection (b) of this section.”

School Safety Grant Program.

Session Laws 2021-180, s. 7.19(a)-(j), provides: “Definitions. – For the purposes of this section, the following definitions shall apply:

“(1) Community partner. – A public or private entity, including, but not limited to, a nonprofit corporation or a local management entity/managed care organization (LME/MCO), that partners with a public school unit to provide services or pay for the provision of services for the unit.

“(2) School health support personnel. – School psychologists, school counselors, school nurses, and school social workers.

“(b) Program; Purpose. – For the 2021-2023 fiscal biennium, the Superintendent of Public Instruction shall establish the 2021-2023 School Safety Grants Program (Program). The purpose of the Program shall be to improve safety in public school units by providing grants in each fiscal year of the 2021-2023 fiscal biennium for (i) services for students in crisis, (ii) school safety training, and (iii) safety equipment in schools.

“(c) Grant Applications. – A public school unit may submit an application to the Superintendent of Public Instruction for one or more grants pursuant to this section in each year of the 2021-2023 fiscal biennium. The application shall include an assessment, to be performed in conjunction with a local law enforcement agency, of the need for improving school safety within the public school unit that would receive the funding or services. The application shall identify current and ongoing needs and estimated costs associated with those needs.

“(d) Criteria and Guidelines. – By January 15, 2022, the Superintendent of Public Instruction shall develop criteria and guidelines for the administration and use of the grants pursuant to this section, including any documentation required to be submitted by applicants. In assessing grant applications, the Superintendent of Public Instruction shall consider at least all of the following factors:

“(1) The level of resources available to the public school unit that would receive the funding.

“(2) Whether the public school unit has received other grants for school safety.

“(3) The overall impact on student safety in the public school unit if the identified needs are funded.

“(e) Grants for Students in Crisis. – Of the funds appropriated to the Department of Public Instruction by this act for the grants provided in this section, the Superintendent of Public Instruction, in consultation with the Department of Health and Human Services, shall award grants to public school units to contract with community partners to provide or pay for the provision of any of the following crisis services:

“(1) Crisis respite services for parents or guardians of an individual student to prevent more intensive or costly levels of care.

“(2) Training and expanded services for therapeutic foster care families and licensed child placement agencies that provide services to students who (i) need support to manage their health, welfare, and safety and (ii) have any of the following:

“a. Cognitive or behavioral problems.

“b. Developmental delays.

“c. Aggressive behavior.

“(3) Evidence-based therapy services aligned with targeted training for students and their parents or guardians, including any of the following:

“a. Parent-child interaction therapy.

“b. Trauma-focused cognitive behavioral therapy.

“c. Dialectical behavior therapy.

“d. Child-parent psychotherapy.

“(4) Any other crisis service, including peer-to-peer mentoring, that is likely to increase school safety. Of the funds appropriated to the Department of Public Instruction by this act for the grants provided in this section, the Superintendent shall use no more than three hundred fifty thousand dollars ($350,000) in each year of the 2021-2023 fiscal biennium for the services identified in this subdivision.

“(f) Grants for Training to Increase School Safety. – Of the funds appropriated to the Department of Public Instruction by this act for the grants provided in this section, the Superintendent of Public Instruction, in consultation with the Department of Health and Human Services, shall award grants to public school units to contract with community partners to address school safety by providing training to help students develop healthy responses to trauma and stress. The training shall be targeted and evidence-based and shall include any of the following services:

“(1) Counseling on Access to Lethal Means (CALM) training for school health support personnel, local first responders, and teachers on the topics of suicide prevention and reducing access by students to lethal means.

“(2) Training for school health support personnel on comprehensive and evidence-based clinical treatments for students and their parents or guardians, including any of the following:

“a. Parent-child interaction therapy.

“b. Trauma-focused cognitive behavioral therapy.

“c. Behavioral therapy.

“d. Dialectical behavior therapy.

“e. Child-parent psychotherapy.

“(3) Training for students and school employees on community resilience models to improve understanding and responses to trauma and significant stress.

“(4) Training for school health support personnel on Modular Approach to Therapy for Children with Anxiety, Depression, Trauma, or Conduct problems (MATCH-ADTC), including any of the following components:

“a. Trauma-focused cognitive behavioral therapy.

“b. Parent and student coping skills.

“c. Problem solving.

“d. Safety planning.

“(5) Any other training, including the training on the facilitation of peer-to-peer mentoring, that is likely to increase school safety. Of the funds appropriated to the Department of Public Instruction by this act for the grants provided in this section, the Superintendent shall use no more than three hundred fifty thousand dollars ($350,000) in each year of the 2021-2023 fiscal biennium for the services identified in this subdivision.

“(g) Grants for Safety Equipment. – Of the funds appropriated to the Department of Public Instruction by this act for the grants provided in this section, the Superintendent of Public Instruction shall award grants to public school units for (i) the purchase of safety equipment for school buildings and (ii) training associated with the use of safety equipment purchased pursuant to this subsection. Notwithstanding G.S. 115C-218.105(b), charter schools may receive grants for school safety equipment pursuant to this subsection.

“(h) Supplement Not Supplant. – Grants provided to public school units pursuant to the Program shall be used to supplement and not to supplant State or non-State funds already provided for these services.

“(i) Administrative Costs. – Of the funds appropriated to the Department of Public Instruction by this act for the grants provided in this section, the Superintendent of Public Instruction may retain a total of up to one hundred thousand dollars ($100,000) in each fiscal year of the 2021-2023 fiscal biennium for administrative costs associated with the Program.

“(j) Report. – No later than April 1 of each fiscal year in which funds are awarded pursuant to this section, the Superintendent of Public Instruction shall report on the Program to the Joint Legislative Education Oversight Committee, the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Justice and Public Safety, the Joint Legislative Commission on Governmental Operations, the Senate Appropriations/Base Budget Committee, the House Committee on Appropriations, and the Fiscal Research Division. The report shall include at least the following information:

“(1) The identity of each public school unit and community partner that received grant funds through the Program.

“(2) The amount of funding received by each entity identified pursuant to subdivision (1) of this subsection.

“(3) The services, training, and equipment purchased with grant funds by each entity that received a grant.

“(4) Recommendations for the implementation of additional effective school safety measures.”

For similar prior provisions, see Session Laws 2018-5, s. 7.27, and Session Laws 2019-222, s. 3.1(b).

Editor’s Note.

Session Laws 2017-57, s. 7.7(a)-(c), as amended by Session Laws 2018-5, s. 7.5, and Session Laws 2018-97, s. 2.5, provides: “(a) Notwithstanding G.S. 143C-6-4, the Department of Public Instruction may, after consultation with the Office of State Budget and Management and the Fiscal Research Division, reorganize the Department, realign fund structures, or both, if necessary, to implement (i) the budget reductions for the 2017-2019 fiscal biennium, (ii) recommendations resulting from the audit required pursuant to Section 7.23L of this act, or (iii) other changes necessary to improve the efficiency of the Department. Consultation shall occur prior to requesting budgetary and personnel changes through the budget revision process. The Department of Public Instruction shall provide (i) a current organization chart and a list of affected funds and (ii) the proposed organization chart and a list of affected funds clearly identifying the changes for the Department in the consultation process and shall report to the Joint Legislative Commission on Governmental Operations on any reorganization, including any movement of positions and funds between fund codes on a recurring basis.

“(b) In implementing (i) budget reductions for the 2017-2019 fiscal biennium, (ii) recommendations resulting from the audit required pursuant to Section 7.23L of this act, or (iii) other changes necessary to improve the efficiency of the Department of Public Instruction, the Department of Public Instruction shall make no reduction to funding (i) for the State Public School Fund, including for the following residential schools: Eastern North Carolina School for the Deaf, the North Carolina School for the Deaf, and the Governor Morehead School, and (ii) for any budget expansion item funded by an appropriation to the Department of Public Instruction by this act for the 2017-2019 fiscal biennium. The Department shall also make no transfers from or reduction to funding or positions for any of the following:

“(1) Communities in Schools of North Carolina, Inc.

“(2) Teach For America, Inc.

“(3) Beginnings for Parents of Children Who are Deaf or Hard of Hearing, Inc.

“(4) The Excellent Public Schools Act, Read to Achieve Program, initially established under Section 7A.1 of S.L. 2012-142.

“(5) The North Carolina School Connectivity Program.

“(6) The North Carolina Center for the Advancement of Teaching.

“(7) The North Carolina Innovative School District.

“(8) Eastern North Carolina STEM.

“(9) Positions appointed by and with a direct report to the State Superintendent of Public Instruction, including those positions described in Section 7.10 of this act.

“(b1) For the 2018-2019 fiscal year, the Department of Public Instruction shall also make no transfers from or reduction to funding or positions for the Office of Charter Schools in implementing (i) budget reductions for the 2018-2019 fiscal year, (ii) recommendations resulting from the audit required pursuant to Section 7.23L of this act, or (iii) other changes necessary to improve the efficiency of the Department of Public Instruction.

“(c) In addition, when implementing budget reductions for the 2018-2019 fiscal year, the Department of Public Instruction may use up to three million dollars ($3,000,000) of funds appropriated to Fund Code 1800 to cover costs, including severance payments and contract renegotiations, associated with the reductions required by this act.”

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. 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. 7.17(a), (b), provides: “(a) Of the funds appropriated to the Department of Public Instruction for the 2018-2019 fiscal year by this act, the sum of up to two hundred thousand dollars ($200,000) for the 2018-2019 fiscal year shall be made available to the North Carolina Hospitality Education Foundation (Education Foundation) of the North Carolina Restaurant and Lodging Association to be used to provide nationally certified programs in career and technical education focused on developing critical skills necessary for students to succeed in the hospitality sector. The purpose of the funds shall be to support instructor and student training and student testing to increase the State’s skilled workforce in the restaurant and lodging sectors. The Education Foundation shall match State funds made available pursuant to this section on the basis of one dollar ($1.00) in State funds for every one dollar ($1.00) in non-State funds.

“(b) The Education Foundation, in consultation with the Department of Public Instruction, shall submit a report by April 1 of each year in which the Education Foundation spends State funds made available pursuant to this section to the Joint Legislative Education Oversight Committee and the Fiscal Research Division on the activities described by this section and the use of those funds.”

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.

Session Laws 2019-212, s. 2(a)-(c), provides: “(a) It is the intent of the General Assembly that the State move toward a through-grade assessment model, in which all State-mandated assessments are administered in multiple short testing events throughout the school year rather than in a single long testing event at the end of the year.

“(b) The Superintendent of Public Instruction shall report by November 15, 2020, and annually thereafter until November 15, 2024, to the Joint Legislative Education Oversight Committee regarding the progress of the North Carolina Personalized Assessment Tool (NCPAT) pilot. At a minimum, the report shall include the following, when available:

“(1) Demographic information for each school participating in the pilot.

“(2) NCPAT performance, including proficiency and growth data, at the State, public school unit, and school level for students enrolled in participating schools. Such data shall be aggregated for all students and disaggregated for each subgroup of students identified in G.S. 115C-83.15(d1) without revealing personally identifiable information.

“(3) End-of-grade assessment performance, including proficiency and growth data, at the State and public school unit level for students not enrolled in participating schools. Such data shall be aggregated for all students and disaggregated for each subgroup of students identified in G.S. 115C-83.15(d1) without revealing personally identifiable information.

“(4) Feedback received from teachers, principals, unit-level staff, students, parents, and other stakeholders regarding the NCPAT pilot and a description of how such feedback was incorporated into the NCPAT pilot.

“(5) Progress in scaling up the assessment system to additional public school units or schools measured against the Department of Public Instruction’s latest time line submitted to the United States Department of Education.

“(6) Description of how the participation of any additional schools or public school units in that year contributed to progress toward achieving high-quality and consistent implementation across demographically diverse public school units.

“(7) The most recent Innovative Assessment Demonstration Authority Annual Performance Report submitted to the United States Department of Education.

“(8) Any communications received from the United States Department of Education related to the NCPAT pilot.

“(9) Progress in developing a plan to replace the science end-of-grade assessments in fifth and eighth grade with through-grade assessments after the completion of the NCPAT pilot.

“(10) Progress in developing a plan to replace all end-of-course assessments with through-grade assessments for State-mandated high school assessments after the completion of the NCPAT pilot.

“(11) Recommendations on any changes needed in State law to continue implementation of through-grade assessments statewide after the completion of the NCPAT pilot.

“(c) Notwithstanding any other provision of law, the State Board of Education and the Superintendent of Public Instruction may supervise and administer the NCPAT pilot in fulfillment of the State’s Innovative Assessment Demonstration Authority granted by the United States Department of Education.”

Session Laws 2020-4, s. 4.16(a)-(e), as added by Session Laws 2020-97, s. 1.3, provides: “SMART SCHOOL BUS SAFETY PILOT PROGRAM

“(a) Pilot Program; Purpose. — The Department of Public Instruction shall establish the Smart School Bus Safety Pilot Program (Program), beginning no later than November 23, 2020, and ending on or before January 1, 2024. The purpose of the Program is to transform and improve the transportation of public school students through technology in response to the COVID-19 pandemic. Nothing in this subsection shall be construed as allowing the expenditure of funds from the Coronavirus Relief Fund past December 30, 2020.

“(b) Participation. — As part of the Program, participating local school administrative units shall identify and contract with qualifying vendors to provide technology and services for school buses in accordance with this section. The following local school administrative unit is authorized to participate in the Program, subject to the requirements of this section: Mount Airy City Schools. Any local board of education of a local school administrative unit authorized to participate in the Program may elect not to participate. For each local school administrative unit that elects not to participate in the Program, the Department may authorize one replacement local school administrative unit to participate in the Program.

“(c) Technology and Services. — Qualifying vendors shall provide technology and services for school buses to participating local school administrative units. Participating units shall have discretion over the specific technology and services provided as long as the technology and services meet the following minimum requirements:

“(1) Improve overall communications and reporting on school buses.

“(2) Include automated school bus safety cameras, as defined in G.S. 115C-242.1, and on-board integration with those cameras.

“(3) Enable employee time tracking, student ridership tracking, and contact tracing in the event of a COVID-19 infection.

“(4) Enable global positioning system (GPS) tracking of school buses.

“(5) Enable turn-by-turn navigation along bus routes.

“(6) Optimize time, expenditure, and safety of bus routes.

“(7) Provide pre- and post-trip vehicle inspections that may be transmitted to the Department of Public Instruction on a regular basis.

“(8) Communicate ridership information to the student information management system.

“(9) Permit parents or legal guardians to access applicable information.

“(10) Conform to applicable guidance provided by the North Carolina Department of Health and Human Services for the transportation of students during the COVID-19 pandemic.

“(11) Include implementation and project management assistance, training, radio-frequency identification technology, and check-in and check-out security stickers or other badges for students.

“(d) Requirements and Contingencies. — The following requirements and contingencies shall apply to each participating local school administrative unit:

“(1) Every school bus in a participating local school administrative unit designed for the transportation of children with disabilities shall be outfitted with technology provided pursuant to the Program as long as the technology is appropriate for children with disabilities and can be provided in a cost-effective manner.

“(2) At the conclusion of the Program, all hardware provided to a participating local school administrative unit shall become the property of the unit.

“(e) Reports. — No later than November 1 and March 1 of each year the Program is in effect, the Department of Public Instruction, in consultation with each participating local school administrative unit, shall report at least all the following information to the Joint Legislative Education Oversight Committee, any committee constituted by the House of Representatives or Senate to address school safety, and the Fiscal Research Division:

“(1) An itemized breakdown of software infrastructure, hardware infrastructure, and equipment provided by qualifying vendors to participating local school administrative units pursuant to the Program.

“(2) A description of all services provided by qualifying vendors to participating local school administrative units pursuant to the Program.

“(3) A list of qualifying vendors contracting with participating local school administrative units pursuant to the Program.

“(4) The impact and effectiveness of the Program.

“(5) All expenditures of State funds pursuant to the Program.”

Session Laws 2020-78, s. 22.1, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium.”

Session Laws 2020-78, s. 22.3, is a severability clause.

Session Laws 2020-97, s. 4.5, is a severability clause.

Session Laws 2021-180, s. 7.20(a), (b), provides: “(a) The Department of Public Instruction shall adopt the TeachNC recruitment initiative as a comprehensive web platform for future teachers to find information and connect with resources on (i) the teaching profession, (ii) opportunities for educators in North Carolina, and (iii) the process of obtaining an educator's license in the State.

“(b) The Department shall report to the Senate Appropriations Committee on Education/Higher Education, the House Appropriations Committee on Education, the Fiscal Research Division, and the Joint Legislative Education Oversight Committee by March 15, 2022, and annually thereafter, on implementation of the platform, including integration of the technology with outside entities, such as educator preparation programs (EPPs) and businesses, and data on user outcomes, including at least the following:

“(1) The number of user accounts, visitors to the website, and web-initiated chats.

“(2) The number of users who were seeking teacher licensure who applied to institutions with an EPP after visiting the TeachNC web platform and, of those users, the number of users who successfully enrolled into institutions with an EPP and who completed teacher licensure programs.

“(3) The number of users who applied for employment in public schools after visiting the TeachNC web platform and the number of teachers who continue to teach in the public schools after finding employment utilizing TeachNC.

“The report submitted by March 15, 2022, shall also include any recommendations by the Department on potential cost-sharing arrangements or public-private partnerships with outside entities for ongoing sustainability or continued growth of the recruitment initiative.”

Session Laws 2021-180, s. 7.70(a), provides: “Smart School Bus Safety Pilot Program. – The Department of Public Instruction shall establish the 2021 Smart School Bus Safety Pilot Program (Program), beginning with the 2021-2022 school year and ending on or before January 1, 2025. The purpose of the Program is to modernize the transportation of public school students through technology in response to the COVID-19 pandemic, as follows:

“(1) Participation. – As part of the Program, participating local school administrative units and charter schools shall identify and contract with qualifying vendors, as determined by the unit or charter school, to provide technology and services for student transportation in accordance with this subsection. Notwithstanding G.S. 115C-240(d), participating local school administrative units and charter schools shall have discretion over the selection of qualifying vendors pursuant to the Program, and the selection of a qualifying vendor shall not be subject to approval by the State Board of Education or the Department of Public Instruction. The following local school administrative units and charter schools are authorized to participate in the Program, subject to the requirements of this subsection:

“a. Burke County Schools.

“b. Caldwell County Schools.

“c. Chatham County Schools.

“d. Clinton City Schools.

“e. Elizabeth City-Pasquotank Public Schools.

“f. Elkin City Schools.

“g. Gaston County Schools.

“h. Harnett County Schools.

“i. Hickory City Schools.

“j. Iredell-Statesville Schools.

“k. Johnston County Schools.

“ 1. Martin County Schools.

“m. New Hanover County Schools.

“n. Sampson County Schools.

“o. Surry County Schools.

“p. Transylvania County Schools.

“q. Union County Public Schools.

“r. Watauga County Schools.

“s. Wayne County Public Schools.

“t. Winston-Salem/Forsyth County Schools.

“u. Alpha Academy.

“v. Sallie B Howard School.

“w. Sugar Creek Charter.

“x. Thomas Jefferson Classical.

“(2) Option to leave. – Any local school administrative unit or charter school authorized to participate in the Program may elect not to participate. For each local school administrative unit or charter school that elects not to participate in the Program, the Department may authorize one replacement local school administrative unit or charter school with a similar population of students to participate in the Program.

“(3) Technology and services. – Participating units and charter schools shall have discretion over the specific technology and services provided by qualifying vendors as long as the technology and services meet the requirements of either of the following sub subdivisions of this subdivision:

“a. Improve communications and information. – Technology and services that meet at least all of the following requirements:

“1. Improve overall communications and reporting on school buses.

“2. Enable employee time tracking, student ridership tracking, and contact tracing in the event of a COVID-19 infection.

“3. Enable global positioning system (GPS) tracking of school buses.

“4. Enable turn-by-turn navigation along bus routes.

“5. Optimize time, expenditure, and safety of bus routes.

“6. Provide pre- and post-trip vehicle inspections that may be transmitted to the Department of Public Instruction on a regular basis.

“7. Communicate ridership information to the student information management system.

“8. Permit parents or legal guardians to access applicable information.

“9. Conform to applicable guidance provided by the North Carolina Department of Health and Human Services for the transportation of students during the COVID-19 pandemic.

“10. Facilitate the receipt of Medicaid reimbursement for eligible student transportation services.

“b. Internet connectivity. – Technology and services that provide students on school buses with access to the internet over Wi-Fi and meet at least all of the following requirements:

“1. Provide participating units and charter schools with customizable connectivity options.

“2. Comply with all State and federal law.

“(4) Miscellaneous. – The following requirements shall apply to each participating local school administrative unit and charter school:

“a. Every school bus in a participating local school administrative unit or charter school designed for the transportation of children with disabilities shall be outfitted with technology provided pursuant to the Program as long as the technology is appropriate for children with disabilities and can be provided in a cost-effective manner.

“b. At the conclusion of the Program, all hardware provided to a participating local school administrative unit or charter school shall become the property of the unit or charter school.

“c. Participating local school administrative units and charter schools shall make use of technology or services provided pursuant to the Program at least through the conclusion of the 2023-2024 school year.

“(5) Reports. – No later than July 1, 2022, and annually thereafter in any year in which the Program is in effect, the Department of Public Instruction, in consultation with each participating local school administrative unit and charter school, shall report at least all of the following information to the Joint Legislative Education Oversight Committee, any committee constituted by the House of Representatives or Senate to address school safety, and the Fiscal Research Division:

“a. An itemized breakdown of software infrastructure, hardware infrastructure, and equipment provided by qualifying vendors to participating local school administrative units and charter schools pursuant to the Program.

“b. A description of all services provided by qualifying vendors to participating local school administrative units and charter schools pursuant to the Program.

“c. A list of qualifying vendors contracting with participating local school administrative units and charter schools pursuant to the Program.

“d. The impact and effectiveness of the Program.

“e. All expenditures of State funds pursuant to the Program.”

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.5, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2021-2023 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2021-2023 fiscal biennium.”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2014-115, s. 55.4(b), effective August 11, 2014, substituted “North Carolina Human Resources Act” for “State Personnel System” at the end of subdivision (a)(1).

Session Laws 2016-126, 4th Ex. Sess., s. 4, effective January 1, 2017, in subsection (a), deleted “Subject to the direction, control, and approval of the State Board of Education” at the beginning of the introductory language, rewrote subdivisions (a)(1), (a)(5), and (a)(6), and added subdivisions (a)(8) and (a)(9); and in subsection (b), rewrote the introductory language, deleted former subdivision (b)(1), which read: “To administer through the Department of Public Instruction, the instructional policies established by the Board,” added subdivision (b)(1b), inserted “or she” in subdivision (b)(5), substituted “needed rules and regulations” for “instructional policies and procedures” in subdivision (b)(6), and rewrote subdivision (b)(9).

Legal Periodicals.

For article, “School of Surveillance: The Students’ Rights Implications of Artificial Intelligence as K-12 Public School Security,” see 98 N.C.L. Rev. 438 (2020).

§ 115C-21.1. [Repealed]

Repealed by Session Laws 1997, c. 18, s. 2.

§ 115C-22. [Repealed]

Repealed by Session Laws 1997, c. 18, s. 3.

§§ 115C-23 through 115C-26.

Reserved for future codification purposes.

§§ 115C-27 through 115C-34. [Repealed]

Repealed by Session Laws 1987 (Regular Session, 1988), c. 1025, s. 2.

Editor’s Note.

Session Laws 1987 (Reg. Sess., 1988), c. 1025, s. 16 provided that the Office of the Controller of the State Board of Education would be transferred to the Department of Public Instruction, and that this transfer would have all of the elements of a Type I transfer, as that term is defined in G.S. 143A-6(a).

§ 115C-35. How constituted.

1. The county board of education in each county shall consist of five members elected by the voters of the county at large for terms of four years: Provided, that where there are multiple local school administrative units located within the county, and unless the county board is responsible for appointing members of the board of education of a city administrative unit located within the county, only those voters who reside within the county school administrative unit boundary lines shall be eligible to vote for members of the county board of education. Where the county board is responsible for appointing members of the board of education of a city administrative unit located within the county, the voters residing within that city school administrative unit shall be eligible to vote for members of the county board of education.The terms of office of the members of boards of education of all school administrative units in this State, who serve on June 25, 1975, shall continue until members are elected and qualified as provided in this section unless modified by local legislation.
2. No person residing in a local school administrative unit shall be eligible for election to the board of education of that local school administrative unit unless such person resides within the boundary lines of that local school administrative unit.

History. 1955, c. 1372, art. 5, s. 1; 1967, c. 972, s. 1; 1969, c. 1301, s. 2; 1975, c. 855, ss. 1-3; 1981, c. 423, s. 1.

Cross References.

As to method of constituting and continuing boards of education, and the manner of selection of board members in the context of a merger of school administrative units, see G.S. 115C-67.

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-36. Designation of board.

All powers and duties conferred and imposed by law respecting public schools, which are not expressly conferred and imposed upon some other official, are conferred and imposed upon local boards of education. Said boards of education shall have general control and supervision of all matters pertaining to the public schools in their respective administrative units and they shall enforce the school law in their respective units.

History. 1955, c. 1372, art. 5, s. 18; 1957, c. 262; 1963, c. 425; 1965, c. 1185, s. 1; 1969, c. 517, s. 2; 1981, c. 423, s. 1.

Cross References.

As to powers and duties of board generally, see G.S. 115C-47.

§ 115C-37. Election of board members.

1. Method of Election. —  The county boards of education shall be elected on a nonpartisan basis at the time of the primary election in 1970 and biennially thereafter. The names of the candidates shall be printed on the ballots without reference to any party affiliation and any qualified voter residing in the county shall be entitled to vote such ballots. Except as otherwise provided herein, the election shall be conducted according to the provisions of Chapter 163 of the General Statutes then governing primary elections.The terms of office of the members shall be staggered so as nearly equal to one half as possible shall expire every two years.
2. County Board of Elections to Provide for Elections. —  The county board of elections under the direction of the State Board of Elections, shall make all necessary provisions for elections of county boards of education as are herein provided for. The county board of elections of each county shall file with the State Board of Elections a statement specifying the size and method of election of members of its county board of education.
3. City Board of Education. —  The board of education for any city administrative unit shall be appointed or elected as now provided by law. If no provision is now made by the law for the filling of vacancies in the membership of any city board of education, such vacancy may be filled by the governing body of the city or town embraced by said administrative unit. In the event that any such vacancy is not filled in this manner within 30 days, the State Board of Education may fill such vacancy.
4. Members to Qualify. —  Each county board of education shall hold a meeting in December following the election. At that meeting, newly elected members of the board of education shall qualify by taking the oath of office prescribed in Article VI, Sec. 7 of the Constitution.This subsection shall not have the effect of repealing any local or special acts relating to boards of education of any particular counties whose membership to said boards is chosen by a vote of the people.
5. Vacancies in Nominations for Membership on County Boards. —  If any candidate nominated on a partisan basis shall die, resign, or for any reason become ineligible or disqualified between the date of his nomination and the time for the election, such vacancy caused thereby may be filled by the actions of the county executive committee of the political party of such candidate.
6. Vacancies in Office. —  All vacancies in the membership of the boards of education whose members are elected pursuant to the provisions of subsection (a) of this section by death, resignation, or other causes shall be filled by appointment by the remaining members of the board, of a person 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 occurs shall be filled by election.
7. Eligibility for Board Membership; Holding Other Offices. —  Any person possessing the qualifications for election to public office set forth in Article VI, Sec. 6 of the Constitution of North Carolina shall be eligible to serve as a member of a local board of education: Provided, however, that any person elected or appointed to a local board of education, and also employed by that board of education, shall resign his employment before taking office as a member of that board of education.Membership on a board of education is hereby declared to be an office that, with the exceptions provided above, may be held concurrently with any appointive office, pursuant to Article VI, Sec. 9 of the Constitution, but any person holding an elective office shall not be eligible to serve as a member of a local board of education.
8. Death or Disqualification of Candidate in Nonpartisan Election. —  If a candidate dies or becomes disqualified after the filing period has closed and before the election, and the ballots have not been printed, the county board of elections shall immediately reopen the filing period for five days so that additional candidates may file for election. If the ballots have been printed at the time the board of elections receives notice of the death or disqualification, the board shall reopen the filing period for three days if the board determines it will have time to reprint the ballots before the election.In the event the board of elections determines that there is not time enough to reopen the filing period for three days and to reprint the ballots, then the ballots shall not be reprinted and the name of the deceased or disqualified candidate shall remain on the ballot. Votes cast for such candidate shall not be considered and the candidates receiving the highest number of votes equal to the number of positions to be filled shall be elected.
9. The local board of education shall revise electoral district boundaries from time to time as provided by this subsection. If district boundaries are set by local act or court order and the act or order does not provide a method for revising them, the local board of education shall revise them only for the purpose of (i) accounting for territory annexed to or excluded from the school administrative unit, and (ii) correcting population imbalances among the districts shown by a new federal census or caused by exclusions or annexations. After the General Assembly has ratified an act establishing district boundaries, the local board of education shall not revise them again until a new federal census of population is taken or territory is annexed to or excluded from the school administrative unit, whichever event first occurs. After the local board of education has revised district boundaries in conformity with this act, the local board of education shall not revise them again until a new federal census of population is taken or territory is annexed to or excluded from the school administrative unit, whichever event occurs first, except that the board may make an earlier revision of district boundaries it has drawn if it must do so to comply with a court order or to gain approval of a district-revision plan by the U.S. Justice Department under Section 5 of the Voting Rights Act. In establishing district boundaries, the local board of education shall use data derived from the most recent federal census.

History. 1955, c. 1372, art. 5, ss. 2-8; 1967, c. 972, ss. 2-6; 1969, c. 1301, s. 2; 1971, c. 704, s. 6; 1973, c. 1446, s. 1; 1977, c. 662; 1981, c. 423, s. 1; 1985, c. 404; c. 405, ss. 1, 2; 1985 (Reg. Sess., 1986), c. 975, s. 10; 1991, c. 400, s. 1; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.

Local Modification.

Davidson: 1995, c. 300, s. 1; Edgecombe: 2016-14, s. 7; Northampton: 1993, c. 110, s. 1; Orange: 1981, c. 911; city of Rocky Mount: 2016-14, s. 7; Alexander County Board of Education: 1991, c. 253; 1991, c. 695, s. 1; Ashe County Board of Education: 1995, c. 128, s. 1, as amended by 2000-6, s. 1; Bertie County Board of Education: 2007-272, s. 1 (as to subsection (d)); Carteret County Board of Education: 1991 (Reg. Sess., 1992), c. 774; 2020-34, s. 3 (as to subsection (i)); Caswell County Board of Education: 1987 (Reg. Sess., 1988), c. 1016, s. 15; Chatham County Board of Education: 1995, c. 80, s. 3(f), as amended by 2011-181; Clay County Board of Education: 1991, c. 254, s. 1 (contingent on referendum); Edgecombe County Board of Education: 1999, c. 12; Halifax County Board of Education: 1991, c. 97; Jackson County Board of Education: 1991, c. 170, s. 1; Lenoir County Board of Education: 2011-407, s. 2(a) (as to subsection (a)); Martin County Board of Education: 1995, c. 77, s. 1; McDowell County Board of Education: 1987, c. 322; 1995, c. 107, s. 1; Pamlico County Board of Education: 1987 (Reg. Sess., 1988), c. 939, s. 11; Perquimans County Board of Education: 1993 (Reg. Sess., 1994), c. 626, s. 1; Richmond County Board of Education: 1995 (Reg. Sess., 1996), c. 598, s. 1; Rockingham County Board of Education: 1989, c. 685, s. 1; Tyrrell County Board of Education: 2001-4; Warren County Board of Education: 2007-50, s. 4; Winston-Salem/Forsyth County Board of Education: 1961, c. 112, s. 2(a)(5)(iii), as amended by 1985, c. 466; 1991, c. 696; 2009-72; and 2011-141, s. 2(a); 2013-249, s. 1 (as to subsection (f)).

Cross References.

As to method of constituting and continuing boards of education, and the manner of selection of board members in the context of a merger of school administrative units, see G.S. 115C-67.

Re-recodification; Technical and Conforming Changes.

Session Laws 2017-6, s. 3, provides, in part: “The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled ‘Elections and Ethics Enforcement Act,’ as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate.” The Revisor was further authorized to make additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification, in consultation with the State Ethics Commission, the State Board of Elections, the Secretary of State, and the new Bipartisan State Board of Elections and Ethics Enforcement. Pursuant to this authority, the Revisor of Statutes substituted “Subchapter III of Chapter 163A” for “Chapter 163” in subsection (a) and substituted “Bipartisan State Board of Elections and Ethics Enforcement” for “State Board of Elections” twice in subsection (b).

Session Laws 2018-146, ss. 3.1(a), (b), and 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the changes to references in subsections (a) and (b).

Editor’s Note.

Pursuant to Session Laws 2011-112, s. 4, G.S. 115C-37(i) applies to Duplin County Board of Education.

§ 115C-37.1. Vacancies in offices of county boards elected on partisan basis in certain counties.

1. All vacancies in the membership of county boards of education which are elected by public or local act on a partisan basis shall be filled by appointment of the person, board, or commission specified in the act, except that if the act specifies that appointment shall be made by a party executive committee, then the appointment shall be made instead by the remaining members of the board.
2. If the vacating member was elected as the nominee of a political party, then the person, board, or commission required to fill the vacancy shall consult with the county executive committee of that party and appoint the person recommended by that party executive committee, if the party executive committee makes a recommendation within 30 days of the occurrence of the vacancy.
3. Whenever only the qualified voters of less than the entire county were eligible to vote for the member whose seat is vacant (either because the county administrative unit was less than countywide or only residents of certain areas of the administrative unit could vote in the general election for a district seat), the appointing authority must accept the recommendation only if the county executive committee restricted voting to committee members who represent precincts all or part of which were within the territory of the vacating school board member.
4. (Effective until December 5, 2022)  This section shall apply only in the following counties: Alleghany, Beaufort, Brunswick, Carteret, Cherokee, Clay, Dare, Davie, Graham, Guilford, Harnett, Hyde, Iredell, Lee, Madison, New Hanover, Onslow, Pender, Rutherford, Stanly, Stokes, Surry, Vance, Washington, and Yancey.
5. (Effective December 5, 2022)  This section shall apply only in the following counties: Alleghany, Beaufort, Brunswick, Burke, Caldwell, Carteret, Cherokee, Clay, Craven, Dare, Davie, Graham, Guilford, Harnett, Hyde, Iredell, Lee, Lincoln, Madison, New Hanover, Onslow, Pender, Rutherford, Stanly, Stokes, Surry, Vance, Washington, and Yancey.

History. 1981, c. 763, ss. 4, 14; c. 830; 1983, c. 493, s. 1; 1987 (Reg. Sess., 1988), c. 974, s. 5; 1989, c. 497, s. 3; 2009-277, ss. 1, 2; 2013-220, s. 2; 2013-361, s. 2; 2014-6, s. 5(b); 2015-35, s. 4(a); 2015-242, s. 2; 2017-78, s. 12(a), (b); 2019-63, s. 4; 2019-102, s. 2(d); 2021-28, s. 2; 2021-51, s. 2.5; 2021-99, s. 3; 2021-140, s. 4.

Subsection (d) Set Out Twice.

The first version of subsection (d) set out above is effective until December 5, 2022. The second version of subsection (d) set out above is effective December 5, 2022.

Local Modification.

Wake: 2015-4, s. 1(a).

Editor’s Note.

Session Laws 2019-63, s. 4, which added Surry to the list of counties in subsection (d), provides that the amendment becomes effective the first Monday in December of 2020 (December 7, 2020).

Session Laws 2019-63, s. 5, provides: “This act is effective when it becomes law [June 27, 2019] and applies to elections held on or after that date.”

Session Laws 2019-102, s. 2(d), which added Stokes to the list of counties in subsection (d), provides that the amendment becomes effective the first Monday in December of 2020 (December 7, 2020).

Session Law 2019-102, s. 3 provides: This act is effective when it becomes law [July 10, 2019].”

Session Laws 2021-28, s. 3, made the deletion of “Cleveland” from the list of counties to which this section applies, effective June 9, 2021, and applicable to vacancies existing on or after that date.

Effect of Amendments.

Session Laws 2009-277, s. 1, effective July 10, 2009, substituted “Alleghany, Brunswick, Forsyth, Graham, New Hanover, Vance, and Washington” for “Alamance, Alleghany, Avery, Beaufort, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Carteret, Cherokee, Clay, Cleveland, Davidson, Davie, Forsyth, Graham, Guilford, Haywood, Henderson, Jackson, Madison, McDowell, Mecklenburg, Moore, New Hanover, Polk, Randolph, Rockingham, Rutherford, Stanly, Stokes, Transylvania, Vance, Wake, Washington, and Yancey” in subsection (d).

Session Laws 2009-277, s. 2, effective December 1, 2010, deleted “Forsyth” preceding “Graham” in subsection (d).

Session Laws 2013-220, s. 2, effective June 27, 2013, inserted “Lee” in subsection (d).

Session Laws 2013-361, s. 2, effective December 5, 2016, inserted “Guilford” in subsection (d).

Session Laws 2014-6, s. 5(b), effective June 12, 2014, inserted “Harnett” in subsection (d).

Session Laws 2015-35, s. 4(a), effective December 5, 2016, inserted “Cherokee, Clay, Davie”, “Iredell” and “Rutherford” in subsection (d). For effective date, see editor’s note.

Session Laws 2015-242, ss. 2, 3, effective December 5, 2016, inserted “Stanly” in subsection (d).

Session Laws 2017-78, s. 12(a), effective December 4, 2017, inserted “Cleveland” in subsection (d).

Session Laws 2017-78, s. 12(b), effective December 3, 2018, added Beaufort, Carteret, Dare, Hyde, Madison, Onslow, Pender, and Yancey to the list of counties in subsection (d).

Session Laws 2019-63, s. 4, inserted “Surry” in subsection (d). For effective date, see editor’s note.

Session Laws 2019-102, s. 2(d), inserted “Stokes” in subsection (d). For effective date, see editor’s note.

Session Laws 2021-28, s. 2, deleted “Cleveland” from the list of counties to which this section applies in subsection (d). For effective date and applicability, see editor’s note.

Session Laws 2021-51, s. 2.5, effective December 5, 2021, added Burke and Caldwell to the list of counties in subsection (d) to which the section applies.

Session Laws 2021-99, s. 3, effective December 5, 2022, inserted “Lincoln” in subsection (d).

Session Laws 2021-140, s. 4, effective December 5, 2022, inserted “Craven” in subsection (d).

§ 115C-38. Compensation of board members.

The tax-levying authority for a local school administrative unit may, under the procedures of G.S. 153A-92, fix the compensation and expense allowances paid members of the board of education of that local school administrative unit.

Funds for the per diem, subsistence, and mileage for all meetings of county and city boards of education shall be provided from the current expense fund budget of the particular county or city.

The compensation and expense allowances of members of boards of education shall continue at the same levels as paid on July 1, 1975, until changed by or pursuant to local act or pursuant to this section.

History. 1955, c. 1372, art. 5, s. 12; 1975, c. 569, ss. 1-3; 1977, c. 802, s. 39.5; 1981, c. 423, s. 1.

§ 115C-39. Suspension of duties by State Board.

1. Repealed by Session Laws 2007-498, s. 1, effective August 30, 2007.
2. In the event the State Board of Education has appointed an interim superintendent under G.S. 115C-105.39 and the State Board determines that the local board of education has failed to cooperate with the interim superintendent, the State Board shall have the authority to suspend any of the powers and duties of the local board and to act on its behalf under G.S. 115C-105.39.

History. 1955, c. 1372, art. 5, s. 13; 1981, c. 423, s. 1; 1995 (Reg. Sess., 1996), c. 716, s. 5; 2007-498, s. 1.

Effect of Amendments.

Session Laws 2007-498, s. 1, effective August 30, 2007, deleted “Removal of board members” from the beginning of the section catchline and repealed former subsection (a), which dealt with removal of board members.

§ 115C-40. Board a body corporate.

The board of education of each county in the State shall be a body corporate by the name and style of “The _______________ County Board of Education,” and the board of education of each city administrative school unit in the State shall be a body corporate by the name and style of “The _______________ City Board of Education.” The several boards of education, both county and city, shall hold all school property and be capable of purchasing and holding real and personal property, of building and repairing schoolhouses, of selling and transferring the same for school purposes, and of prosecuting and defending suits for or against the corporation.

Local boards of education, subject to any paramount powers vested by law in the State Board of Education or any other authorized agency shall have general control and supervision of all matters pertaining to the public schools in their respective local school administrative units; they shall execute the school laws in their units; and shall have authority to make agreements with other boards of education to transfer pupils from one local school administrative unit to another unit when the administration of the schools can be thereby more efficiently and more economically accomplished.

History. 1955, c. 1372, art. 5, s. 10; 1981, c. 423, s. 1; 1985 (Reg. Sess., 1986), c. 975, s. 24.

Local Modification.

Ashe: 1993 (Reg. Sess., 1994), c. 622, s. 2; Avery: 1993 (Reg. Sess., 1994), c. 622, s. 2; Brunswick: 1993 (Reg. Sess., 1994), c. 612, s. 2; Chowan: 1993 (Reg. Sess., 1994), c. 655, s. 2; Duplin: 1993, c. 549, s. 1; Forsyth: 1993 (Reg. Sess., 1994), c. 642, s. 3; Harnett: 1993 (Reg. Sess., 1994), c. 622, ss. 2, 3; Lee: 1993 (Reg. Sess., 1994), c. 622, s. 2; 1993 (Reg. Sess., 1994), c. 623, s. 2; Nash: 1993 (Reg. Sess., 1994), c. 642, s. 3; Orange: 1993 (Reg. Sess., 1994), c. 642, s. 3; Pasquotank: 1993 (Reg. Sess., 1994), c. 655, s. 2; Sampson: 1993 (Reg. Sess., 1994), c. 614, s. 3.

Cross References.

As to actions against boards and board members and employers, see G.S. 115C-42 through 115C-44.

§ 115C-41. Organization of board.

1. Unless otherwise provided by local law, all local boards of education shall have an organizational meeting no later than 60 days after the swearing in of members following election or appointment and as often thereafter as the board shall determine appropriate. The board may fix the date and time of its organizational meeting. At the organizational meeting the members of all boards shall elect one of their members as chairman for a period of one year, or until his successor is elected and qualified. The chairman of the local board of education shall preside at the meetings of the board, and in the event of his absence or sickness, the board may appoint one of its members temporary chairman. The superintendent of schools, whether a county or city superintendent, shall be ex officio secretary to his respective board. He shall keep the minutes of the meetings of the board but shall have no vote: Provided, that in the event of a vacancy in the superintendency, the board may elect one of its members to serve temporarily as secretary to the board.
2. All local boards of education shall meet on the first Monday in January, April, July, and October of each year, or as soon thereafter as practicable. A board may elect to hold regular monthly meetings, and to meet in special session upon the call of the chairman or of the secretary as often as the school business of the local school administrative unit may require.

History. 1955, c. 1372, art. 5, ss. 9, 11; 1981, c. 423, s. 1; 1983, c. 408.

Local Modification.

Cumberland: 1983, c. 99.

§ 115C-42. Liability insurance and immunity.

Any local board of education, by securing liability insurance as hereinafter provided, is hereby authorized and empowered to waive its governmental immunity from liability for damage by reason of death or injury to person or property caused by the negligence or tort of any agent or employee of such board of education when acting within the scope of his authority or within the course of his employment. Such immunity shall be deemed to have been waived by the act of obtaining such insurance, but such immunity is waived only to the extent that said board of education is indemnified by insurance for such negligence or tort.

Any contract of insurance purchased pursuant to this section shall be issued by a company or corporation duly licensed and authorized to execute insurance contracts in this State or by a qualified insurer as determined by the Department of Insurance and shall by its terms adequately insure the local board of education against liability for damages by reason of death or injury to person or property proximately caused by the negligent act or torts of the agents and employees of said board of education or the agents and employees of a particular school in a local administrative unit when acting within the scope of their authority. The local board of education shall determine what liabilities and what officers, agents and employees shall be covered by any insurance purchased pursuant to this section. Any company or corporation which enters into a contract of insurance as above described with a local board of education, by such act waives any defense based upon the governmental immunity of such local board of education.

Every local board of education in this State is authorized and empowered to pay as a necessary expense the lawful premiums for such insurance.

Any person sustaining damages, or in case of death, his personal representative may sue a local board of education insured under this section for the recovery of such damages in any court of competent jurisdiction in this State, but only in the county of such board of education; and it shall be no defense to any such action that the negligence or tort complained of was in pursuance of governmental, municipal or discretionary function of such local board of education if, and to the extent, such local board of education has insurance coverage as provided by this section.

Except as hereinbefore expressly provided, nothing in this section shall be construed to deprive any local board of education of any defense whatsoever to any such action for damages or to restrict, limit, or otherwise affect any such defense which said board of education may have at common law or by virtue of any statute; and nothing in this section shall be construed to relieve any person sustaining damages or any personal representative of any decedent from any duty to give notice of such claim to said local board of education or to commence any civil action for the recovery of damages within the applicable period of time prescribed or limited by statute.

A local board of education may incur liability pursuant to this section only with respect to a claim arising after such board of education has procured liability insurance pursuant to this section and during the time when such insurance is in force.

No part of the pleadings which relate to or allege facts as to a defendant’s insurance against liability shall be read or mentioned in the presence of the trial jury in any action brought pursuant to this section. Such liability shall not attach unless the plaintiff shall waive the right to have all issues of law or fact relating to insurance in such an action determined by a jury and such issues shall be heard and determined by the judge without resort to a jury and the jury shall be absent during any motions, arguments, testimony or announcement of findings of fact or conclusions of law with respect thereto unless the defendant shall request a jury trial thereon: Provided, that this section shall not apply to claims for damages caused by the negligent acts or torts of public school bus, or school transportation service vehicle drivers, while driving school buses and school transportation service vehicles when the operation of such school buses and service vehicles is paid from the State Public School Fund.

History. 1955, c. 1256; 1957, c. 685; 1959, c. 573, s. 2; 1961, c. 1102, s. 4; 1977, 2nd Sess., c. 1280, s. 3; 1981, c. 423, s. 1; 1985, c. 527.

Cross References.

As to agreements for use of school buses by senior citizen groups, see G.S. 115C-243.

As to applicability to activity buses, see G.S. 115C-247.

As to applicability to securing insurance and waiver of immunity as to certain torts of bus drivers, with exception where vehicles are operated with funds from Public School Fund, see G.S. 115C-255.

As to liability for transportation generally, see G.S. 115C-262.

As to claims against county and city boards of education for accidents involving school buses or school transportation service vehicles, see G.S. 143-300.1.

Legal Periodicals.

For article, “Statutory Waiver of Municipal Immunity Upon Purchase of Liability Insurance in North Carolina and the Municipal Liability Crisis,” see 4 Campbell L. Rev. 41 (1981).

For note, “Searching for Limits on a Municipality’s Retention of Governmental Immunity,” see 76 N.C.L. Rev. 269 (1997).

§ 115C-43. Defense of board of education members and employees.

1. Upon request made by or in behalf of any member or employee or former member or employee, any local board of education may provide for the defense of any civil or criminal action or proceeding brought against him either in his official or in his individual capacity, or both, on account of any act done or omission made, or any act allegedly done or omission allegedly made, in the scope and course of his duty as a member of or employee of the local board of education. The defense may be provided by the local board of education by its own counsel, or by employing other counsel, or by purchasing insurance which requires that the insurer provide the defense. Nothing in this section shall be deemed to require any local board of education to provide for the defense of any action or proceeding of any nature.
2. Any local board of education may budget funds for the purpose of paying all or part of a claim made or any civil judgment entered against any of its members or employees or former members and employees, when such claim is made or such judgment is rendered as damages on account of any act done or omission made, or any act allegedly done or omission allegedly made, in the scope and course of his duty as a member of the local board of education or as an employee. Nothing in this section shall authorize any local board of education to budget funds for the purpose of paying any claim made or civil judgment entered against any of its members or employees or former members and employees if the local board of education finds that such member or employee acted or failed to act because of actual fraud, corruption or actual malice on his part. Any local board of education may budget for and purchase insurance coverage for payment of claims or judgments pursuant to this section. Nothing in this section shall be deemed to require any local board of education to pay any claim or judgment referred to herein, and the purchase of insurance coverage for payment of any such claim or judgment shall not be deemed an assumption of any liability not covered by such insurance contract, and shall not be deemed an assumption of liability for payment of any claim or judgment in excess of the limits of coverage in such insurance contract.
3. Subsection (b) of this section shall not authorize any local board of education to pay all or part of a claim made or civil judgment entered or to provide a defense to a criminal charge unless (i) notice of the claim or litigation is given to the local board of education prior to the time that the claim is settled or civil judgment is entered and (ii) the local board of education shall have adopted, and made available for public inspection, uniform standards under which claims made, civil judgments entered, or criminal charges against members or employees or former members and employees shall be defended or paid.

History. 1979, c. 1074, s. 1; 1981, c. 423, s. 1.

OPINIONS OF ATTORNEY GENERAL

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 G.S. 115C-42 and this section. See opinion of Attorney General to Mr. Gene Causby, Executive Director, North Carolina School Boards Association, 55 N.C. Op. Att'y Gen. 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).

§ 115C-44. Suits and actions.

1. A local board of education shall institute all actions, suits, or proceedings against officers, persons, or corporations, or their sureties, for the recovery, preservation, and application of all money or property which may be due to or should be applied to the support and maintenance of the schools, except in case of the breach of his bond by the treasurer of the county school fund, in which case action shall be brought by the board of county commissioners.
2. In all actions brought in any court against a local board of education, the order or action of the board shall be presumed to be correct and the burden of proof shall be on the complaining party to show the contrary.

History. 1955, c. 1372, art. 5, s. 14; 1981, c. 423, s. 1.

§ 115C-45. Judicial functions of board.

1. Power to Subpoena and to Punish for Contempt. —  Local boards of education shall have power to issue subpoenas for the attendance of witnesses. Subpoenas for the attendance of witnesses may be issued in any and all matters which may lawfully come within the powers of the board and which, in the discretion of the board, require investigation. Local boards of education may request the chief district court judge or the judge’s designee to grant approval for the local board of education to issue a subpoena for the production of all tangible things in matters where an employee is suspected of committing job-related misconduct and which, in the discretion of the board, require investigation. Subpoenas for the production of tangible things may include, but are not limited to, documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic communications, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics. In making the determination to approve the subpoena, the judge shall consider the following: (i) whether the subpoena allows reasonable time for compliance; (ii) if the subpoena requires disclosure of privileged or other protected matter and if any exception or waiver applies to the privilege or protection; (iii) whether the individual would be subject to undue burdens or expenses; and (iv) whether the subpoena is otherwise unreasonable or oppressive.It shall be the duty of the sheriff or any process serving officer to serve any such subpoenas upon payment of their lawful fees.Local boards of education shall have power to punish for contempt for any disorderly conduct or disturbance tending to disrupt them in the transaction of official business.
2. Witness Failing to Appear; Misdemeanor. —  Any witness who shall wilfully and without legal excuse fail to appear before a local board of education to testify in any manner under investigation by the board shall be guilty of a Class 3 misdemeanor.
3. Appeals to Board of Education and to Superior Court.—  An appeal shall lie to the local board of education from any final administrative decision in the following matters:
   1. The discipline of a student under G.S. 115C-390.7, 115C-390.10, or 115C-390.11;
   2. An alleged violation of a specified federal law, State law, State Board of Education policy, State rule, or local board policy, including policies regarding grade retention of students;
   3. The terms or conditions of employment or employment status of a school employee; and
   4. Any other decision that by statute specifically provides for a right of appeal to the local board of education and for which there is no other statutory appeal procedure.As used in this subsection, the term “final administrative decision” means a decision of a school employee from which no further appeal to a school administrator is available.Any person aggrieved by a decision not covered under subdivisions (1) through (4) of this subsection shall have the right to appeal to the superintendent and thereafter shall have the right to petition the local board of education for a hearing, and the local board may grant a hearing regarding any final decision of school personnel within the local school administrative unit. The local board of education shall notify the person making the petition of its decision whether to grant a hearing.In all appeals to the board it is the duty of the board of education to see that a proper notice is given to all parties concerned and that a record of the hearing is properly entered in the records of the board conducting the hearing.The board of education may designate hearing panels composed of not less than two members of the board to hear and act upon such appeals in the name and on behalf of the board of education.An appeal of right brought before a local board of education under subdivision (1), (2), or (4) of this subsection may be further appealed to the superior court of the State on the grounds that the local board’s decision is in violation of constitutional provisions, is in excess of the statutory authority or jurisdiction of the board, is made upon unlawful procedure, is affected by other error of law, is unsupported by substantial evidence in view of the entire record as submitted, or is arbitrary or capricious.

History. 1955, c. 1372, art. 5, ss. 15-17; 1971, c. 647; 1981, c. 423, s. 1; 1993, c. 539, s. 881; 1994, Ex. Sess., c. 24, s. 14(c); 2001-260, s. 1; 2001-500, s. 6; 2011-282, s. 5; 2013-360, s. 9.6(c); 2014-115, s. 65; 2016-116, s. 2.

Effect of Amendments.

Session Laws 2011-282, s. 5, effective June 23, 2011, and applicable beginning with the 2011-2012 school year, substituted “G.S. 115C-390.7, 115C-390.10, or 115C-390.11” for “G.S. 115C-391(c), (d), (d1), (d2), (d3), or (d4)” in subdivision (c)(1).

Session Laws 2013-360, s. 9.6(c), effective July 1, 2014, in the sixth paragraph of subsection (c), deleted “(3)” following “subdivision (1), (2)” and deleted the former last four sentences, which read: “However, the right of a noncertified employee to appeal decisions of a local board under subdivision (3) of this subsection shall only apply to decisions concerning the dismissal, demotion, or suspension without pay of the noncertified employee. A noncertified employee may request and shall be entitled to receive written notice as to the reasons for the employee’s dismissal, demotion, or suspension without pay. The notice shall be provided to the employee prior to any local board of education hearing on the issue. This subsection shall not alter the employment status of a noncertified employee.” For applicability, see Editor’s note.

Session Laws 2016-116, s. 2, effective October 1, 2016, in subsection (a), in the first paragraph, inserted “for the attendance of witnesses” and deleted “and it shall be the duty of the sheriff or any process serving officer to serve such subpoena upon payment of their lawful fees” at the end of the second sentence, added the last three sentences; and added the second paragraph.

§ 115C-46. Powers of local boards to regulate parking of motor vehicles.

1. Any local board of education may adopt reasonable rules and regulations with respect to the parking of motor vehicles and other modes of conveyance on public school grounds and may enforce such rules and regulations. A violation of a rule or regulation concerning parking on public school grounds is an infraction punishable by a penalty of not more than ten dollars ($10.00) unless the regulation provides that the violation is not punishable as an infraction. Rules and regulations adopted hereunder shall be made available for inspection by any person upon request.
2. Any local board of education may adopt written guidelines governing the individual assignment of parking spaces on school grounds. Such guidelines shall give first priority treatment to the physically handicapped.
3. Any local board of education, by rules and regulations adopted hereunder, may provide for the registration of motor vehicles and other modes of conveyance maintained, operated or parked on school grounds. Any local board of education, by rules and regulations adopted hereunder, may provide for the issuance of stickers, decals, permits or other indicia representing the registration status of vehicles or the eligibility of vehicles to park on school grounds and may prohibit the forgery, counterfeiting, unauthorized transfer or unauthorized use of them.
4. Any motor vehicle parked in a parking lot on school grounds, when such lot is clearly designated as such by a sign no smaller than 24 inches by 24 inches prominently displayed at each entrance thereto, in violation of the rules and regulations adopted by the local board of education, or any motor vehicle otherwise parked on school grounds in violation of the rules and regulations adopted by the county or city local board of education, may be removed from school grounds to a place of storage and the registered owner of that vehicle shall become liable for removal and storage charges. Any person who removes a vehicle pursuant to this section shall not be held liable for damages for the removal of the vehicle to the owner, lienholder or other person legally entitled to the possession of the vehicle removed; however, any person who intentionally or negligently damages a vehicle in the removal of such vehicle, or intentionally or negligently inflicts injury upon any person in the removal of such vehicle, may be held liable for damages.

History. 1979, c. 821; 1981, c. 423, s. 1; 1981 (Reg. Sess., 1982), c. 1239, s. 2; 1983, c. 420, s. 3; 1985, c. 764, s. 37; 1989, c. 644, s. 4.

Cross References.

As to post-towing procedures, see G.S. 20-219.9 et seq.

§ 115C-46.1. Limitation on the use of public funds.

A local board of education shall not use public funds to endorse or oppose a referendum, election or a particular candidate for elective office.

History. 2010-114, s. 1.5(c).

Cross References.

As to limitation on the use of public funds by counties, see G.S. 153A-456.

As to limitation on the use of public funds by municipalities, see G.S. 160A-499.3.

§ 115C-46.2. Probation officer visits at school; limitations. [Effective until January 1, 2023]

1. Except as provided in this section, probation officers are not authorized to visit students during school hours on school property.
2. Probation officers of the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice, when working as a part of the Section’s School Partnership Program, may visit students during school hours on school property with prior authorization by school administrators. For purposes of this section, “authorization” includes requests for assistance from guidance counselors or school resource officers.
3. Each local board of education shall develop policies and guidelines for coordinating with probation officers of the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice in the planning and scheduling of school visits as provided in this section, utilizing existing administrative capacity to manage scheduling. Visits shall be conducted in a private area designated for such use and located away from contact with the general student population. The probation officer shall not initiate direct contact with a student while the student is in class or between classes. Initial contact with the student shall be made by a school administrator or other designated school employee, who shall direct the student to a private area to meet with the probation officer.

History. 2011-145, s. 19.1(k); 2012-149, s. 6; 2017-186, s. 2(xxxx).

Section Set Out Twice.

The section above is effective until January 1, 2023. For the section as amended January 1, 2023, see the following section, also numbered G.S. 115C-46.2.

Editor’s Note.

Session Laws 2011-145, s. 19.1(k), directed that references to “Division of Community Corrections” be changed to “Section of Community Corrections of the Division of Adult Corrections.” Substitutions have been made in subsections (b) and (c) at the direction of the Revisor of Statutes.

Session Laws 2012-149, preamble, provides: “Whereas, the General Assembly of North Carolina finds that a safe and civil environment in school is necessary in order for students to learn and achieve high academic standards; and

“Whereas, bullying and harassment, like other disruptive or violent behaviors, disrupt both a student’s ability to learn and a school’s ability to educate its students in a safe environment; and

“Whereas, bullying and harassing behaviors create a climate that fosters violence in our schools; and

“Whereas, it is essential to enact a law that seeks to protect the health and welfare of North Carolina students and improve the learning environment for North Carolina students; and

“Whereas, to do so, State and national data and anecdotal evidence have established the need to identify the most vulnerable targets and potential victims of bullying and harassment; and

“Whereas, the sole purpose of this law is to protect all children from bullying and harassment, and no other legislative purpose is intended nor should any other intent be construed from passage of this law; Now, therefore.”

Session Laws 2021-180, s. 19C.9(aaaaa), made the amendments to this section by Session Laws 2021-180, s. 19C.9(v), effective January 1, 2023, and further provides: “On and after that date, any references or directives in this act to the Division of Adult Correction and Juvenile Justice, the Section of Adult Correction in the Division of Adult Correction and Juvenile Justice, the Section of Juvenile Justice of the Division of Adult Correction and Juvenile Justice, or the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice shall be construed to apply to the appropriate division of either the Department of Public Safety or the Department of Adult Correction pursuant to the departmental changes enacted by this section.”

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2017-186, s. 2(xxxx), effective December 1, 2017, substituted “Division of Adult Correction and Juvenile Justice” for “Division of Adult Corrections” twice.

Session Laws 2021-180, s. 19C.9(v), substituted “Division of Community Supervision and Reentry” for “Section of Community Corrections of the Division of Adult Correction and Juvenile Justice” in subsections (b) and (c). For effective date and applicability, see editor's note.

§ 115C-46.2. Probation officer visits at school; limitations. [Effective January 1, 2023]

1. Except as provided in this section, probation officers are not authorized to visit students during school hours on school property.
2. Probation officers of the Division of Community Supervision and Reentry, when working as a part of the Section’s School Partnership Program, may visit students during school hours on school property with prior authorization by school administrators. For purposes of this section, “authorization” includes requests for assistance from guidance counselors or school resource officers.
3. Each local board of education shall develop policies and guidelines for coordinating with probation officers of the Division of Community Supervision and Reentry in the planning and scheduling of school visits as provided in this section, utilizing existing administrative capacity to manage scheduling. Visits shall be conducted in a private area designated for such use and located away from contact with the general student population. The probation officer shall not initiate direct contact with a student while the student is in class or between classes. Initial contact with the student shall be made by a school administrator or other designated school employee, who shall direct the student to a private area to meet with the probation officer.

History. 2011-145, s. 19.1(k); 2012-149, s. 6; 2017-186, s. 2(xxxx); 2021-180, s. 19C.9(v).

Section Set Out Twice.

The section above is effective January 1, 2023. For the section as in effect until January 1, 2023, see the preceding section, also numbered G.S. 115C-46.2.

The section above is effective January 1, 2023. For the section as in effect until January 1, 2023, see the main volume.

Editor’s Note.

Session Laws 2011-145, s. 19.1(k), directed that references to “Division of Community Corrections” be changed to “Section of Community Corrections of the Division of Adult Corrections.” Substitutions have been made in subsections (b) and (c) at the direction of the Revisor of Statutes.

Session Laws 2012-149, preamble, provides: “Whereas, the General Assembly of North Carolina finds that a safe and civil environment in school is necessary in order for students to learn and achieve high academic standards; and

“Whereas, bullying and harassment, like other disruptive or violent behaviors, disrupt both a student’s ability to learn and a school’s ability to educate its students in a safe environment; and

“Whereas, bullying and harassing behaviors create a climate that fosters violence in our schools; and

“Whereas, it is essential to enact a law that seeks to protect the health and welfare of North Carolina students and improve the learning environment for North Carolina students; and

“Whereas, to do so, State and national data and anecdotal evidence have established the need to identify the most vulnerable targets and potential victims of bullying and harassment; and

“Whereas, the sole purpose of this law is to protect all children from bullying and harassment, and no other legislative purpose is intended nor should any other intent be construed from passage of this law; Now, therefore.”

Session Laws 2021-180, s. 19C.9(aaaaa), made the amendments to this section by Session Laws 2021-180, s. 19C.9(v), effective January 1, 2023, and further provides: “On and after that date, any references or directives in this act to the Division of Adult Correction and Juvenile Justice, the Section of Adult Correction in the Division of Adult Correction and Juvenile Justice, the Section of Juvenile Justice of the Division of Adult Correction and Juvenile Justice, or the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice shall be construed to apply to the appropriate division of either the Department of Public Safety or the Department of Adult Correction pursuant to the departmental changes enacted by this section.”

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2017-186, s. 2(xxxx), effective December 1, 2017, substituted “Division of Adult Correction and Juvenile Justice” for “Division of Adult Corrections” twice.

Session Laws 2021-180, s. 19C.9(v), substituted “Division of Community Supervision and Reentry” for “Section of Community Corrections of the Division of Adult Correction and Juvenile Justice” in subsections (b) and (c). For effective date and applicability, see editor's note.

§ 115C-47. Powers and duties generally. [Effective until July 1, 2022]

In addition to the powers and duties designated in G.S. 115C-36, local boards of education shall have the power or duty:

1. To Provide the Opportunity to Receive a Sound Basic Education. —  It shall be the duty of local boards of education to provide students with the opportunity to receive a sound basic education and to make all policy decisions with that objective in mind, including employment decisions, budget development, and other administrative actions, within their respective local school administrative units, as directed by law.
2. 1. To Establish and Maintain Kindergartens. —  Local boards of education shall provide for their respective local school administrative unit kindergartens as a part of the public school system for all children living in the local school administrative unit who are eligible for admission pursuant to sub-subdivision c. of this subdivision provided that funds are available from State, local, federal, or other sources to operate a kindergarten program as provided in this subdivision. (1a) a. To Establish and Maintain Kindergartens. —  Local boards of education shall provide for their respective local school administrative unit kindergartens as a part of the public school system for all children living in the local school administrative unit who are eligible for admission pursuant to sub-subdivision c. of this subdivision provided that funds are available from State, local, federal, or other sources to operate a kindergarten program as provided in this subdivision.
   2. All kindergarten programs so established shall be subject to the supervision of the Department of Public Instruction and shall be operated in accordance with the standards adopted by the State Board of Education, upon recommendation of the Superintendent of Public Instruction. Among the standards to be adopted by the State Board of Education shall be a provision that the Board will allocate funds for the purpose of operating and administering kindergartens to each school administrative unit in the State based on the average daily membership for the best continuous three out of the first four school months of pupils in the kindergarten program during the last school year in that respective school administrative unit. Such allocations are to be made from funds appropriated to the State Board of Education for the kindergarten program.
   3. Any child who meets the requirements of G.S. 115C-364 shall be eligible for enrollment in kindergarten. Any child who is enrolled in kindergarten and not withdrawn by the child’s parent or legal guardian shall attend kindergarten.
   4. Notwithstanding any other provision of law to the contrary, subject to the approval of the State Board of Education, any local board of education may elect not to establish and maintain a kindergarten program. Any funds allocated to a local board of education which does not operate a kindergarten program may be reallocated by the State Board of Education, within the discretion of the Board, to a county or city board of education which will operate such a program.
3. To Exercise Certain Judicial Functions and to Participate in Certain Suits and Actions. —  Local boards of education shall have the power and authority to exercise certain judicial functions pursuant to the provisions of G.S. 115C-45 and to participate in certain suits and actions pursuant to the provisions of G.S. 115C-44.
4. To Divide Local School Administrative Units into Attendance Areas. —  Local boards of education shall have authority to divide their various units into attendance areas without regard to district lines.
5. To Regulate Extracurricular Activities. —  Local boards of education shall make all rules and regulations necessary for the conducting of extracurricular activities in the schools under their supervision, including a program of athletics, where desired, without assuming liability therefor; provided, that all interscholastic athletic activities shall be conducted in accordance with rules and regulations prescribed by the State Board of Education.
6. To Fix Time of Opening and Closing Schools. —  The time of opening and closing the public schools shall be fixed under G.S. 115C-84.2.
7. To Regulate Fees, Charges and Solicitations. —  Local boards of education shall adopt rules and regulations governing solicitations of, sales to, and fund-raising activities conducted by, the students and faculty members in schools under their jurisdiction, and no fees, charges, or costs shall be collected from students and school personnel without approval of the board of education as recorded in the minutes of said board; provided, this subdivision shall not apply to such textbooks fees as are determined and established by the State Board of Education. The local board of education shall publish a schedule of fees, charges, and solicitations approved by the local board on the local school administrative unit’s Web site by October 15 of each school year and, if the schedule is subsequently revised, within 30 days following the revision.
8. To Accept and Administer Federal or Private Funds. —  Local boards of education shall have power and authority to accept, receive and administer any funds or financial assistance given, granted or provided under the provisions of the Elementary and Secondary Education Act of 1965 (Public Law 89-10, 89th Congress, HR 2362) and under the provisions of the Economic Opportunity Act of 1964 (Public Law 88-452, 88th Congress, S. 2642), or other federal acts or funds from foundations or private sources, and to comply with all conditions and requirements necessary for the receipt, acceptance and use of said funds. In the administration of such funds, local boards of education shall have authority to enter into contracts with and to cooperate with and to carry out projects with nonpublic elementary and secondary schools, community groups and nonprofit corporations, and to enter into joint agreements for these purposes with other local boards of education. Local boards of education shall furnish such information as shall be requested by the State Board of Education, from time to time, relating to any programs related or conducted pursuant to this subdivision.
9. To Sponsor or Conduct Educational Research. —  Local boards of education are authorized to sponsor or conduct educational research and special projects approved by the Department of Public Instruction and the State Board of Education that may improve the school system under their jurisdictions. Such research or projects may be conducted during the summer months and the board may use any available funds for such purposes.
10. To Assure Accurate Attendance Records. —  When the governing board of any local school administrative unit shall have information that inaccurate school attendance records are being kept, the board concerned shall immediately investigate such inaccuracies and take necessary action to establish and maintain correct records and report its findings and action to the State Board of Education.
11. To Assure Appropriate Class Size. —  It shall be the responsibility of local boards of education to assure that the class size requirements set forth in G.S. 115C-301 for kindergarten through third grade are met. Any teacher who believes that the requirements of G.S. 115C-301 have not been met shall make a report to the principal and superintendent, and the superintendent shall immediately determine whether the requirements have in fact not been met. If the superintendent determines the requirements have not been met, he or she shall make a report to the next local board of education meeting. The local board of education shall take action to meet the requirements of the statute. If the local board cannot organizationally correct the exception, it shall immediately apply to the State Board of Education for additional personnel or a waiver of the class size requirements, as provided in G.S. 115C-301(g).Upon notification from the State Board of Education that the reported exception does not qualify for an allotment adjustment or a waiver under provisions of G.S. 115C-301, the local board, within 30 days, shall take action necessary to correct the exception, as required in G.S. 115C-301(g).At the end of October and end of February of each school year, the local board of education, through the superintendent, shall file a report with the Superintendent of Public Instruction, in a format prescribed by the Superintendent of Public Instruction, describing the organization for each school in the local school administrative unit, as required by G.S. 115C-301(f).In addition to assuring that the requirements of G.S. 115C-301 are met, each local board of education shall also have the duty to provide an adequate number of classrooms to meet the requirements of that statute.
12. To Determine the School Calendar. —  Local boards of education shall determine the school calendar under G.S. 115C-84.2.
13. Repealed by Session Laws 2017-126, s. 12, effective July 20, 2017.
14. To Elect a Superintendent. —  The local boards of education shall elect superintendents subject to the requirements and limitations set forth in G.S. 115C-271.
15. To Supply an Office, Equipment and Clerical Assistance for the Superintendent. —  It shall be the duty of the various boards of education to provide the superintendent of schools with an office, equipment and clerical assistance as provided in G.S. 115C-277.
16. To Prescribe Duties of Superintendent. —  The local boards of education shall prescribe the duties of the superintendent as subject to the provisions of G.S. 115C-276(a).
17. To Remove a Superintendent, When Necessary. —  Local boards of education shall remove a superintendent for cause, pursuant to the provisions of G.S. 115C-274(a).
18. To Employ Assistant Superintendent and Supervisors. —  Local boards of education have the authority to employ assistant superintendents and supervisors pursuant to the provisions of G.S. 115C-278 and 115C-284(g).
19. To adopt anti-nepotism policies. —  Local boards of education shall adopt policies requiring that before any immediate family, as defined in G.S. 115C-12.2, of any board of education member or central office staff administrator, including directors, supervisors, specialists, staff officers, assistant superintendents, area superintendents, superintendents, or principals, shall be employed or engaged as an employee, independent contractor, or otherwise by the board of education in any capacity, such proposed employment or engagement shall be (i) disclosed to the board of education and (ii) approved by the board of education in a duly called open-session meeting. The burden of disclosure of such a conflict of interest shall be on the applicable board member or central office staff administrator.
20. To Make Rules Concerning the Conduct and Duties of Personnel. —  Local boards of education, upon the recommendation of the superintendent, shall have full power to make all just and needful rules and regulations governing the conduct of teachers, principals, and supervisors, the kind of reports they shall make, and their duties in the care of school property.Prior to the beginning of each school year, each local board of education shall identify all reports, including local school required reports, that are required at the local level for the school year and shall, to the maximum extent possible, eliminate any duplicate or obsolete reporting requirements and consolidate remaining reporting requirements. No additional reports shall be required at the local level after the beginning of the school year without the prior approval of the local board of education.Prior to the beginning of each school year, each local board of education shall also identify software protocols such as NC Wise that could be used to minimize repetitious data entry by teachers and shall make them available to teachers.Each local board of education shall appoint a person or establish a local paperwork control committee to monitor all reports and other paperwork required of teachers by the central office and to monitor teachers’ access to software protocols that minimize repetitious data entry.
21. To Adopt Rules and Policies Limiting the Noninstructional Duties of Teachers. —  Local boards of education shall adopt rules and policies limiting the noninstructional duties assigned to teachers. A local board may temporarily suspend the rules and policies for individual schools upon a finding that there is a compelling reason the rules or policies should not be implemented. These rules and policies shall ensure that:
    1. Teachers with initial certification are not assigned extracurricular activities unless they request the assignments in writing and that other noninstructional duties assigned to these teachers are minimized, so these teachers have an opportunity to develop into skilled professionals;
    2. Repealed by Session Laws 2015-241, s. 8.45, effective July 1, 2015.
    3. The noninstructional duties of all teachers are limited to the extent possible given federal, State, and local laws, rules, and policies, and that the noninstructional duties required of teachers are distributed equitably among employees.
22. To Approve the Assignment of Duties to an Assistant Principal. —  Local boards of education shall permit certain duties of the principal to be assigned to an assistant or acting principal pursuant to the provisions of G.S. 115C-289.
23. To Provide for Training of Teachers. —  Local boards of education are authorized to provide for the training of teachers as provided in G.S. 115C-300.
24. It is the duty of every local board of education to provide for the prompt monthly payment of all salaries due teachers and other school officials and employees, and of all current bills and other necessary operating expenses. All salaries and bills shall be paid as provided by law for disbursing State and local funds.The local board shall determine salary schedules of employees pursuant to the provisions of G.S. 115C-273, 115C-285(b), 115C-302.1(i), and 115C-316(b).The authority for boards of education to issue salary vouchers to all school employees, whether paid from State or local funds, shall be a monthly payroll prepared on forms approved by the State Board of Education and containing all information required by the State Board of Education. This monthly payroll shall be signed by the principal of each school.
25. To Provide School Food Services. —  Local boards of education shall provide, to the extent practicable, school food services as provided in Part 2 of Article 17 of this Chapter.
26. To Purchase Equipment and Supplies. —  Local boards shall contract for equipment and supplies under G.S. 115C-522(a) and G.S. 115C-528.
27. Purchase of Activity Buses with Local Capital Outlay Tax Funds. —  Local boards of education are authorized to purchase activity buses with local capital outlay tax funds, and are authorized to maintain these buses in the county school bus garage. Reimbursement to the State Public School Fund shall be made for all maintenance cost including labor, gasoline and oil, repair parts, tires and tubes, antifreeze, etc. Labor cost reimbursements and local funds may be used to employ additional mechanics so as to insure that all activity buses owned and operated by local boards of education are maintained in a safe mechanical condition. Replacement units for activity buses shall be financed with local funds.
28. To Secure Liability Insurance. —  Local boards of education are authorized to secure liability insurance, as provided in G.S. 115C-42, so as to waive their immunity for liability for certain negligent acts of their employees.
29. To Reimburse the Additional Cost of Automobile Liability Coverage for School Social Workers Required to Transport Students. —  Unless a local board of education otherwise provides for liability insurance coverage of a school social worker who is required to transport students under G.S. 115C-317.1, a local board of education may require a school social worker who is required to transport students as provided under G.S. 115C-317.1 to increase the liability limits or add a business-use rider, or both, on that employee’s personal automobile liability insurance policy for the purpose of transporting students within the course of that employee’s work duties, only if the board reimburses the employee for the additional premium charged, up to the maximum additional amount charged to a person with up to two points assessed under the Safe Driver Incentive Plan pursuant to G.S. 58-36-65, for the increased liability limits or the added rider, or both.
30. If a local board of education provides access to its buildings and campus and the student information directory to persons or groups which make students aware of occupational or educational options, the local board of education shall provide access on the same basis to official recruiting representatives of the military forces of the State and of the United States for the purpose of informing students of educational and career opportunities available in the military.
31. Repealed by Session Laws 1987, c. 571, s. 2.
32. To Enter Lease Purchase and Installment Purchase Contracts. —  Local boards may enter into lease purchase and installment purchase contracts as provided in G.S. 115C-528.
33. To Enter Guaranteed Energy Savings Contracts for Energy Conservation Measures. —  Local boards may purchase energy conservation measures by guaranteed energy savings contracts pursuant to Part 2 of Article 3B of Chapter 143 of the General Statutes.
34. To Authorize the Observance of a Moment of Silence. —  To afford students and teachers a moment of quiet reflection at the beginning of each day in the public schools, to create a boundary between school time and nonschool time, and to set a tone of decorum in the classroom that will be conducive to discipline and learning, each local board of education may adopt a policy to authorize the observance of a moment of silence at the commencement of the first class of each day in all grades in the public schools. Such a policy shall provide that the teacher in charge of the room in which each class is held may announce that a period of silence not to exceed one minute in duration shall be observed and that during that period silence shall be maintained and no one may engage in any other activities. Such period of silence shall be totally and completely unstructured and free of guidance or influence of any kind from any sources.
35. To Require the Display of the United States and North Carolina Flags, and to Require the Recitation of the Pledge of Allegiance. —  Local boards of education shall adopt policies to (i) require the display of the United States and North Carolina flags in each classroom, when available, (ii) require that recitation of the Pledge of Allegiance be scheduled on a daily basis, and (iii) provide age-appropriate instruction on the meaning and historical origins of the flag and the Pledge of Allegiance. These policies shall not compel any person to stand, salute the flag, or recite the Pledge of Allegiance. If flags are donated or are otherwise available, flags shall be displayed in each classroom.
36. Repealed by Session Laws 2014-13, s. 2, effective June 19, 2014. See now G.S. 115C-407.30 et seq.
37. To Allow and Encourage the Reading and Posting of Documents on the History of the United States and With Historical Significance for the United States.
    1. Local boards of education shall allow and may encourage any public school teacher or administrator to read or post in a public school building, classroom, or event excerpts or portions of writings, documents, and records that reflect the history of the United States, including, but not limited to:
       1. The preamble to the North Carolina Constitution.
       2. The Declaration of Independence.
       3. The United States Constitution.
       4. The Mayflower Compact.
       5. The national motto.
       6. The National Anthem.
       7. The Pledge of Allegiance.
       8. The writings, speeches, documents, and proclamations of the founding fathers and Presidents of the United States.
       9. Decisions of the Supreme Court of the United States.
       10. Acts of the Congress of the United States, including the published text of the Congressional Record.
    2. Local boards, superintendents, principals, and supervisors shall not allow content-based censorship of American history in the public schools of this State, including religious references in these writings, documents, and records. Local boards and professional school personnel may develop curricula and use materials that are limited to specified topics, provided the curricula and materials are aligned with the standard course of study or are grade level appropriate.
    3. A local school administrative unit may display on real property controlled by that local school administrative unit documents and objects of historical significance that have formed and influenced the United States legal or governmental system and that exemplify the development of the rule of law, such as the Magna Carta, the Mecklenburg Declaration, the Ten Commandments, the Justinian Code, and documents set out in sub-subdivision a. of this subdivision. Such displays are subject to the following requirements:
       1. The display may include, but shall not be limited to, documents that contain words associated with a religion; provided, however, no display shall seek to establish or promote religion or to persuade any person to embrace a particular religion, denomination of a religion, or other philosophy.
       2. The display of a document containing words associated with a religion shall be in the same manner and appearance generally as other documents and objects displayed and shall not be presented or displayed in any fashion that results in calling attention to it apart from the other displayed documents and objects. The display also shall be accompanied by a prominent sign quoting the First Amendment of the United States Constitution as follows: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
38. To Appoint Advisory Councils. —  Local boards of education are authorized to appoint advisory councils as provided in G.S. 115C-55 and Article 10 of this Chapter.
39. Local boards of education shall determine the hours of employment for teacher assistants. The Legislative Commission of Salary Schedules for Public School Employees shall include in its report to the General Assembly recommendations regarding hours of employment for teacher assistants and other employees.
40. To Refer All Students Who Drop Out of the Public Schools to Appropriate Services. —  Local boards of education shall refer all students who drop out of the public schools to appropriate services. When appropriate public school services such as extended day programs are available, the local boards shall refer the students to those services. When appropriate public school programs are not available or are not suitable for certain students, the local board shall refer the students to the community college system or to other appropriate services.
41. To Establish Alternative Learning Programs and Develop Policies and Guidelines. —  Each local board of education shall establish at least one alternative learning program and shall adopt guidelines for assigning students to alternative learning programs. These guidelines shall include (i) a description of the programs and services to be provided, (ii) a process for ensuring that an assignment is appropriate for the student and that the student’s parents are involved in the decision, and (iii) strategies for providing alternative learning programs, when feasible and appropriate, for students who are subject to long term suspension or expulsion. In developing these guidelines, local boards shall consider the State Board’s standards developed under G.S. 115C-12(24).The General Assembly urges local boards to adopt policies that prohibit superintendents from assigning to any alternative learning program any professional public school employee who has received within the last three years a rating on a formal evaluation that is less than above standard.Notwithstanding this subdivision, each local board shall adopt policies based on the State Board’s standards developed under G.S. 115C-12(24). These policies shall apply to any new alternative learning program or alternative school that is implemented beginning with the 2006-2007 school year. Local boards of education are encouraged to apply these standards to alternative learning programs and alternative schools implemented before the 2006-2007 school year.Local boards shall assess on a regular basis whether the unit’s alternative schools and alternative learning programs comply with the State Board’s standards developed under G.S. 115C-12(24) and whether they incorporate best practices for improving student academic performance and reducing disruptive behavior, are staffed with professional public school employees who are well trained and provided with appropriate staff development, are organized to provide coordinated services, and provide students with high quality and rigorous academic instruction.
42. Local boards of education shall have sole authority to select and procure supplementary instructional materials, whether or not the materials contain commercial advertising, pursuant to the provisions of G.S. 115C-98(b).
43. To Approve and Use Textbooks Not Adopted by State Board of Education. —  Local boards of education shall have the authority to select, procure, and use textbooks not adopted by the State Board of Education as provided in G.S. 115C-98(b1).
44. To Encourage the Business Community to Facilitate Student Achievement. —  Local boards of education, in consultation with local business leaders, shall develop voluntary guidelines relating to after-school employment. The guidelines may include an agreement to limit the number of hours a student may work or to tie the number of hours a student may work to his academic performance, school attendance, and economic need. The General Assembly finds that local boards of education do not currently have information regarding how many of their students are employed after school and how many hours they work; the General Assembly urges local boards of education to compile this critical information so that the State can determine to what extent these students’ work affects their school performance.Local boards of education shall work with local business leaders, including local chambers of commerce, to encourage employers to include and adopt as part of their stated personnel policies time for employees who are parents or guardians to attend conferences with their children’s teachers.The Superintendent of Public Instruction shall provide guidance and technical assistance to the local boards of education on carrying out the provisions of this subdivision.
45. To Establish Work-Based Opportunities and Encourage High School to Work Partnerships. —  Each local board of education shall offer at least two work-based learning opportunities that are related to career and technical education instruction in the local school administrative unit as required by G.S. 115C-157. Local boards of education shall also encourage high schools and local businesses to partner, specifically to target students who may not seek higher education, and facilitate high school to work partnerships. Local businesses shall be encouraged to work with local high schools to create opportunities for students to complete a job shadow, internship, or apprenticeship. Students may also be encouraged to tour the local business or clinic, meet with employees, and participate in career and technical student organizations. Waiver forms shall be developed in collaboration with participating businesses for the protection of both the students and the businesses.Each local board of education shall encourage high schools to designate the Career Development Coordinator or other designee of the local Career and Technical Education administrator to be the point person for local businesses to contact. If the person selected is a teacher, the teacher shall work with the principal and the local Career and Technical Education administrator to find time in the school day to contact businesses and develop opportunities for students. The high school shall include a variety of trades and skilled labor positions for students to interact with and shadow and shall encourage students who may be interested in a job-shadowing opportunity to pursue and set up the job shadow.Each local board of education shall develop a policy with provisions for students who are absent from school while doing a job shadow to make up the work. Students shall not be counted as absent when participating in these work-based learning opportunities or in Career and Technical Education student organization activities. Local boards may determine maximum numbers of days to be used for job-shadowing activities.
46. To produce school building improvement reports. —  Each administrative unit shall produce school building improvement reports for each school building in the local school administrative unit, in accordance with G.S. 115C-12(9)c3.
47. To Report All Acts of School Violence. —  Local boards of education shall report all acts of school violence to the State Board of Education in accordance with G.S. 115C-12(21).
48. To purchase group accident and health insurance for students. —  Local boards of education may purchase group accident, group health, or group accident and health insurance for students in accordance with G.S. 58-51-81.
49. To Establish School Improvement Teams. —  Local boards shall adopt a policy to ensure that each principal has established a school improvement team under G.S. 115C-105.27 and in accordance with G.S. 115C-288(l) and that the composition of the team complies with G.S. 115C-105.27(a). Local boards shall direct the superintendent or the superintendent’s designee to provide appropriate guidance to principals to ensure that these teams are established and that the principals work together with these teams to develop, review, and amend school improvement plans for their schools.
50. To Adopt Policies Related to Student Retention Decisions. —  Local boards shall adopt policies related to G.S. 115C-45(c) that include opportunities for parents and guardians to discuss decisions to retain students.
51. Adopt School Risk Management Plans. —  Each local board of education shall, in coordination with local law enforcement and emergency management agencies, adopt a School Risk Management Plan (SRMP) relating to incidents of school violence for each school in its jurisdiction. In constructing and maintaining these plans, local boards of education and local school administrative units shall utilize the School Risk and Response Management System (SRRMS) established pursuant to G.S. 115C-105.49A. These plans are not a public record as the term “public record” is defined under G.S. 132-1 and shall not be subject to inspection and examination under G.S. 132-6.
52. To Encourage Recycling in Public Schools. —  Local boards of education shall encourage recycling in public schools and may develop and implement recycling programs at public schools. Local boards of education shall comply with G.S. 160A-327.
53. Recodified as G.S. 115C-375.3 by Session Laws 2005-22, s. 3(a), effective April 28, 2005.
54. Local boards of education are encouraged to adopt policies that require superintendents to assign to the core academic courses, in seventh through ninth grades, teachers who have at least four years’ teaching experience and who have received within the last three years an overall rating on a formal evaluation that is at least above standard.
55. Recodified as G.S. 115C-375.4 by Session Laws 2005-22, s. 4(a), effective April 28, 2005.
56. To Report Certain Incidents of Seclusion and Restraint. —  Local boards of education shall maintain a record of incidents reported under G.S. 115C-391.1(j)(4) and shall provide this information annually to the State Board of Education.
57. At the discretion of the board, to adopt policies and procedures authorizing schools that operate programs under G.S. 115C-307(c) to utilize unlicensed health care personnel to perform the technical aspects of medication administration to students. If adopted, the policies and procedures shall be consistent with the requirements of Article 9A of Chapter 90 of the General Statutes and shall include the following:
    1. Training and competency evaluation of medication aides as provided for under G.S. 131E-270.
    2. Requirements for listing under the Medication Aide Registry as provided for under G.S. 131E-271.
    3. Requirements for supervision of medication aides by licensed health professionals or appropriately qualified supervisory personnel consistent with Articles 5, 6, 10, and 16 of Chapter 131E of the General Statutes.
58. To Address the Use of Pesticides in Schools. —  Local boards of education shall adopt policies that address the use of pesticides in schools. These policies shall:
    1. Require the principal or the principal’s designee to annually notify the students’ parents, guardians, or custodians as well as school staff of the schedule of pesticide use on school property and their right to request notification. Such notification shall be made, to the extent possible, at least 72 hours in advance of nonscheduled pesticide use on school property. The notification requirements under this subdivision do not apply to the application of the following types of pesticide products: antimicrobial cleansers, disinfectants, self-contained baits and crack-and-crevice treatments, and any pesticide products classified by the United States Environmental Protection Agency as belonging to the U.S.E.P.A. Toxicity Class IV, “relatively nontoxic” (no signal word required on the product’s label).
    2. Require the use of Integrated Pest Management. As used in this sub-subdivision, “Integrated Pest Management” or “IPM” means the comprehensive approach to pest management that combines biological, physical, chemical, and cultural tactics as well as effective, economic, environmentally sound, and socially acceptable methods to prevent and solve pest problems that emphasizes pest prevention and provides a decision-making process for determining if, when, and where pest suppression is needed and what control tactics and methods are appropriate.
59. To Address Arsenic-Treated Wood in the Classroom and on School Grounds. —  Local boards of education shall prohibit the purchase or acceptance of chromated copper arsenate-treated wood for future use on school grounds. Local boards of education shall seal existing arsenic-treated wood in playground equipment or establish a time line for removing existing arsenic-treated wood on playgrounds, according to the guidelines established under G.S. 115C-12(33). Local boards of education are encouraged to test the soil on school grounds for contamination caused by the leaching of arsenic-treated wood.
60. To Address Mercury in the Classroom and on School Grounds. —  Local boards of education are encouraged to remove and properly dispose of all bulk elemental mercury, chemical mercury, and bulk mercury compounds used as teaching aids in science classrooms, not including barometers. Local boards of education shall prohibit the future use of bulk elemental mercury, chemical mercury compounds, and bulk mercury compounds used as teaching aids in science classrooms, not including barometers.
61. To Address Science Safety Requirements. —
    1. Each local board of education shall certify annually to the State Board of Education that its high school and middle school science laboratories are equipped with appropriate personal protective equipment for students and teachers.
    2. Each local board of education shall ensure that its high schools and middle schools comply with all State Board of Education policies related to science laboratory safety.
62. To Address Exposure to Diesel Exhaust Fumes. —  Local boards of education shall adopt policies and procedures to reduce students’ exposure to diesel emissions.
63. To Ensure that Schools Provide Information Concerning Cervical Cancer, Cervical Dysplasia, Human Papillomavirus, and the Vaccines Available to Prevent These Diseases. —  Local boards of education shall ensure that schools provide parents and guardians with information about cervical cancer, cervical dysplasia, human papillomavirus, and the vaccines available to prevent these diseases. This information shall be provided at the beginning of the school year to parents of children entering grades five through 12. This information shall include the causes and symptoms of these diseases, how they are transmitted, how they may be prevented by vaccination, including the benefits and possible side effects of vaccination, and places parents and guardians may obtain additional information and vaccinations for their children.
64. To Ensure That Certain Students Receive Information Annually on Lawfully Abandoning a Newborn Baby. —  Not later than August 1, 2008, local boards of education shall adopt policies to ensure that students in grades nine through 12 receive information annually on the manner in which a parent may lawfully abandon a newborn baby with a responsible person, in accordance with G.S. 7B-500.
65. To Encourage Programs for Successful Transition Between the Middle School and High School Years. —  Local boards of education are encouraged to adopt policies to implement programs that assist students in making a successful transition between the middle school and high school years. The programs may include Ninth Grade Academies, programs to effectively prepare eighth grade students for the expectations and rigors of high school, early warning systems to flag students not ready for ninth grade and develop plans for those students, mentoring programs that pair upperclassmen with incoming students, and graduation plans for students who have fallen behind and are off track for graduation.
66. To Increase Parental Involvement in Student Achievement and Graduation Preparation. —  Local boards of education are encouraged to adopt policies to promote and support parental involvement in student learning and achievement at school and at home and to encourage successful progress toward graduation. These policies may include strategies to increase school communications with parents regarding expectations for students and student progress, graduation requirements, and available course offerings, to provide increased opportunities for parental involvement in schools, and to create an environment in the schools conducive for parental involvement.
67. To ensure funding for graduation projects. —  A local board of education shall not require a high school graduation project as a condition of graduation from high school unless the board provides from local funds a method of reimbursement of up to seventy-five dollars ($75.00) for expenses related to the high school graduation project for any student identified as an economically disadvantaged student.
68. To Reduce Suspension and Expulsion Rates and Provide for Academic Progress During Suspensions. —  Local boards of education are encouraged to adopt policies and best practices to reduce suspension and expulsion rates and to provide alternative learning programs for continued academic progress for students who have been suspended.
69. To Notify Parents or Legal Guardians of Students Alleged to be Victims of Acts Required to be Reported to Law Enforcement and the Superintendent. —  Local boards of education shall adopt a policy on the notification to parents or legal guardians of any students alleged to be victims of any act that is required to be reported to law enforcement and the superintendent under G.S. 115C-288(g).
70. To adopt a code of ethics. —  Local boards of education shall adopt a resolution or policy containing a code of ethics, as required by G.S. 160A-86.
71. To Inform the Public About the North Carolina School Report Cards Issued by the State Board of Education. —  Each local board of education shall ensure that the report card issued for it by the State Board of Education receives wide distribution to the local press or is otherwise provided to the public. Each local board of education shall ensure that the overall school performance score and grade earned by each school in the local school administrative unit for the current and previous four school years is prominently displayed on the Web site of the local school administrative unit. If any school in the local school administrative unit earned an overall school performance grade of D or F, the local board of education shall provide notice of the grade in writing to the parent or guardian of all students enrolled in that school.
72. To Encourage Student Voter Registration. —  Local boards of education are encouraged to adopt policies to promote student voter registration. These policies may include collaboration with county boards of elections to conduct voter registration in high schools. Completion and submission of voter registration forms shall not be a course requirement or graded assignment for students.
73. Repealed by Session Laws 2012-194, s. 55(a), effective July 17, 2012.
74. To Provide a Safe School Environment. —  Local boards of education may enter into an agreement with the sheriff, chief of police of a local police department, or chief of police of a county police department to provide security at the schools by assigning volunteer school safety resource officers who meet the selection standards and criteria developed by the head of the appropriate local law enforcement agency and the criteria set out in G.S. 162-26 or G.S. 160A-288.4, as appropriate.
75. To Establish Nonprofit Corporations to Further Authorized Purposes. —  Local boards of education may establish, control, and operate a nonprofit corporation that is created under Chapter 55A of the General Statutes and is a tax-exempt organization under the Internal Revenue Code to further their authorized purposes. A nonprofit corporation established as provided in this section shall not have regulatory or enforcement powers and shall not engage in partisan political activity or policy advocacy. Any local board of education that establishes a nonprofit corporation shall make a report annually to the Joint Legislative Education Oversight Committee.
76. Repealed by 2017-4, s. 1, effective March 30, 2017.
77. To adopt a child sexual abuse and sex trafficking training program. —  Each local board of education shall adopt and implement a child sexual abuse and sex trafficking training program for school personnel who work directly with students in grades kindergarten through 12, as required by G.S. 115C-375.20.
78. To Provide Information About Child Abuse and Neglect. —  Local boards of education shall implement the rule addressing student awareness of child abuse and neglect, including sexual abuse, adopted by the State Board of Education under G.S. 115C-12(47).
79. Computer Science Reporting.    — A local board of education shall annually report the information required by G.S. 115C-12(48) to the State Board of Education, the Senate Appropriations Committee on Education/Higher Education, and the House Appropriations Committee on Education no later than September 15.”
80. (Applicable beginning with 2022–2023 school year — see note)  To Provide at Least One School Psychologist.    — Local boards of education shall ensure that each local school administrative unit employs at least one full-time, permanent school psychologist.

History. 1955, c. 1372, art. 5, ss. 18, 28, 30, 33; art. 6, s. 6; art. 17, s. 7; c. 1185; 1959, c. 1294; 1963, c. 425; c. 688, s. 3; 1965, c. 584, ss. 4, 6; c. 1185, s. 1; 1969, c. 517, s. 2; c. 538; 1973, c. 770, ss. 1, 2; c. 782, s. 31; 1975, c. 150, s. 1; c. 965, s. 3; 1977, c. 1088, s. 4; 1981, c. 423, s. 1; c. 901, s. 1; 1983 (Reg. Sess., 1984), c. 1019, s. 2, 1; c. 1034, s. 16; 1985, c. 436, s. 1; c. 479, ss. 55(c)(4), 55(c)(6); c. 637; c. 757, s. 145(i); 1985 (Reg. Sess., 1986), c. 975, ss. 3, 11; c. 1014, s. 58; 1987, c. 340; c. 414, s. 2; c. 571, s. 2; c. 738, s. 182; 1987 (Reg. Sess., 1988), c. 1025, ss. 9, 15; c. 1086, s. 89(b); 1989, c. 585, s. 2; c. 752, s. 65(b); 1989 (Reg. Sess., 1990), c. 1074, s. 23(b); 1991, c. 706, s. 1; 1991 (Reg. Sess., 1992), c. 900, s. 75.1(f); 1993, c. 114, s. 1; c. 321, s. 139(c); 1993 (Reg. Sess., 1994), c. 716, s. 2; c. 775, s. 5; 1995, c. 455, s. 1; c. 497, ss. 1, 2; 1995 (Reg. Sess., 1996), c. 716, ss. 11, 12, 17; 1997-443, s. 8.38(j)-(l); 1998-194, s. 3; 1998-202, s. 12; 1999-96, s. 7; 1999-237, s. 8.25(a); 1999-373, s. 3; 1999-397, s. 4; 1999-456, s. 35; 2000-67, s. 8.18(b); 2000-140, s. 77; 2001-424, s. 28.17(c); 2001-500, s. 3; 2001-512, s. 12; 2002-103, s. 2; 2002-178, s. 3; 2003-147, s. 4; 2004-118, s. 2; 2004-203, s. 72(b); 2005-22, ss. 3(a), 4(a); 2005-205, s. 5; 2005-276, s. 10.40D(f); 2005-355, s. 2; 2005-446, s. 3; 2006-137, s. 1; 2006-143, s. 2; 2007-59, s. 1; 2007-126, s. 1; 2009-223, s. 1; 2009-330, ss. 1, 2; 2009-403, s. 2; 2009-410, s. 2; 2009-451, s. 7.28; 2009-541, s. 29(a); 2011-91, s. 1; 2011-145, s. 7.13(b), (w); 2011-185, s. 9(a); 2011-379, s. 3; 2011-391, s. 14(b); 2012-142, s. 7A.3(b); 2012-194, s. 55(a); 2013-360, ss. 8.37(a), 8.45(c); 2013-363, s. 3.3(b); 2013-381, s. 12.1(h); 2014-13, s. 2; 2014-111, s. 4; 2015-241, ss. 8.26(a), 8.45, 8A.2; 2015-248, s. 6(b); 2015-264, s. 56.5; 2016-3, 2nd Ex. Sess., s. 1.1; 2017-4, s. 1; 2017-9, s. 2(a); 2017-10, s. 2.3; 2017-57, ss. 7.23H(a), 7.26(b); 2017-126, ss. 6-8, 12; 2017-157, s. 1(a); 2019-212, s. 4(b); 2019-245, s. 4.4(a); 2020-78, s. 2.1(a); 2021-132, s. 6(b); 2021-180, ss. 7.6(c), 7.9(b).

Section Set Out Twice.

The section above is effective until July 1, 2022. For the section as amended July 1, 2022, see the following section, also numbered G.S. 115C-47.

Cross References.

As to the rules of the local board governing the conduct of principals and supervisors, see G.S. 115C-286.

As to the rules of the local board governing the conduct of teachers, see G.S. 115C-308.

Local Modification.

Harnett: 2014-6, s. 6(a).

School-Based Child and Family Team Initiative.

Session Laws 2007-323, s. 10.9, 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 note at G.S. 115C-105.20.

On April 12, 2016, Governor Pat McCrory issued Executive Order No. 93, “To Protect Privacy and Equality,” which provides: “WHEREAS, North Carolina’s rich legacy of inclusiveness, diversity and hospitality makes North Carolina a global destination for jobs, business, tourists and talent;

“WHEREAS, it is the policy of the Executive Branch that government services be provided equally to all people;

“WHEREAS, N.C. Gen. Stat. § 160A-499.2 permits municipalities to adopt ordinances prohibiting discrimination in housing and real estate transactions, and any municipality may expand such ordinance consistent with the federal Fair Housing Act;

“WHEREAS, N.C. Gen. Stat. § 143-422.2(c) permits local governments or other political subdivisions of the State to set their own employment policies applicable to their own personnel;

“WHEREAS, North Carolina law allows private businesses and nonprofit employers to establish their own non-discrimination employment policies;

“WHEREAS, N.C. Gen. Stat. § 143-128.2 requires each city, county or other local public entity to adopt goals for participation by minority businesses and to make good faith efforts to recruit minority participation in line with those goals;

“WHEREAS, North Carolina law allows a private business or nonprofit to set their own restroom, locker room or shower policies;

“WHEREAS, our citizens have basic common-sense expectations of privacy in our restrooms, locker rooms and shower facilities for children, women and men;

“WHEREAS, to protect expectations of privacy in restrooms, locker rooms and shower facilities in public buildings, including our schools, the State of North Carolina maintains these facilities on the basis of biological sex;

“WHEREAS, State agencies and local governments are allowed to make reasonable accommodations in restrooms, locker rooms and shower facilities due to special individual circumstances;

“NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED:

“Section 1. Public Services

“In the provision of government services and in the administration of programs, including, but not limited to public safety, health and welfare, public agencies shall serve all people equally, consistent with the mission and requirements of the service or program.

“Section 2. Equal Employment Opportunity Policy for State Employees

“I hereby affirm that the State of North Carolina is committed to administering and implementing all State human resources policies, practices and programs fairly and equitably, without unlawful discrimination, harassment or retaliation on the basis of race, religion, color, national origin, sex, sexual orientation, gender identity, age, political affiliation, genetic information, or disability.

“I also affirm that private businesses, nonprofit employers and local governments may establish their own non-discrimination employment policies.

“Section 3. Restroom Accommodations

“In North Carolina, private businesses can set their own rules for their own restroom, locker room and shower facilities, free from government interference.

“Under current law, every multiple occupancy restroom, locker room or shower facility located in a cabinet agency must be designated for and only used by persons based on their biological sex. Agencies may make reasonable accommodations upon a person’s request due to special circumstances.

“Therefore, when readily available and when practicable in the best judgment of the agency, all cabinet agencies shall provide a reasonable accommodation of a single occupancy restroom, locker room or shower facility upon request due to special circumstances.

“All council of state agencies, cities, counties, the University of North Carolina System and the North Carolina Community College System are invited and encouraged to make a similar accommodation when practicable.

“Section 4. State Buildings and Facilities Leased to Private Entities

“The Department of Administration shall interpret the application of N.C. Gen. Stat. § 143-760 as follows:

“When a private entity leases State real property and the property in the lessee’s exclusive possession includes multiple occupancy restrooms, locker rooms or other like facilities, the private entity will control the signage and use of these facilities.

“All council of state agencies, cities, counties, the University of North Carolina System and the North Carolina Community College System are invited and encouraged to adopt a similar interpretation of N.C. Gen. Stat. § 143-760.

“Section 5. Human Relations Commission

“Pursuant to N.C. Gen. Stat. § 143B-391, the Human Relations Commission in the Department of Administration shall promote equality and opportunity for all citizens.

“The Human Relations Commission shall work with local government officials to study problems and promote understanding, respect and goodwill among all citizens in all communities in North Carolina.

“The Human Relations Commission shall receive, investigate and conciliate fair housing, employment discrimination and public accommodations complaints.

“The Human Relations Commission shall submit an annual report by April 1st to the Governor detailing the number of complaints received, the number of investigations completed, and the number of conciliations in the preceding calendar year. This report shall also describe any education and outreach efforts made by the Commission in that same calendar year.

“Section 6. State Cause of Action for Wrongful Discharge

“I support and encourage the General Assembly to take all necessary steps to restore a State cause of action for wrongful discharge based on unlawful employment discrimination.

“Section 7. State or Federal Law

“Nothing in this section shall be interpreted as an abrogation of any requirements otherwise imposed by applicable federal or state laws or regulations.

“IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this twelfth day of April in the year of our Lord two thousand and sixteen.”

Editor’s Note.

Session Laws 1985, c. 479, which in ss. 55(c)(4) and 55(c)(6) amended subdivision (12) of this section, provided in 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.”

This section was amended by Session Laws 1993 (Reg. Sess., 1994), c. 716, s. 2 in the coded bill drafting format provided by G.S. 120-20.1. The act failed to incorporate the changes made to subdivision (24) by Session Laws 1993, c. 114, s. 1 and failed to include subdivision (36), as added by Session Laws 1993, c. 321, s. 139. Subdivisions (24) and (36) have been set out as above at the direction of the Revisor of Statutes. The new subdivision added by Session Laws 1993 (Reg. Sess., 1994), c. 716, s. 2 has been renumbered subdivision (37) at the direction of the Revisor of Statutes.

Session Laws 2001-500, s. 3, added a subdivision (40) relating to emergency response plans. Session Laws 2001-512, s. 12, added a different subdivision (40) relating to recycling in schools. Subdivision (40) as added by Session Laws 2001-512, s. 12 was renumbered as subdivision (41) at the direction of the Revisor of Statutes.

Session Laws 2001-512, s. 15, provides: “This act shall not be construed to obligate the General Assembly to appropriate any funds to implement the provisions of this act. Every agency to which this act applies shall implement the provisions of this act from funds otherwise appropriated or available to the agency.”

Session Laws 2002-103, s. 2, and Session Laws 2002-178, s. 3, each added a subdivision (42) to this section. The subdivision (42) as added by Session Laws 2002-178, s. 3, has been renumbered as subdivision (43) at the direction of the Revisor of Statutes.

Session Laws 2003-147, s. 11, provides: “Nothing in this act [giving local boards of education additional purchasing flexibility and encouraging them to use the NC E-Procurement Service] shall be construed to limit the authority of the Department of Administration to develop, implement, and monitor a pilot program for reverse auctions for public school systems as provided in Section 3 of Chapter 107 of the 2002 Session Laws.”

Session Laws 2005-22, ss. 3(a) and (4)(a), effective April 28, 2005, recodified subdivisions (42) and (44) as G.S. 115C-375.3 and G.S. 115C-375.4, respectively.

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 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.”

This section was amended in the coded bill drafting format by Session Laws 2006-143, s. 2, Session Laws 2007-59, s. 1, and Session Laws 2007-126, s. 1. Those acts failed to incorporate previous amendments to this section made by Session Laws 2005-205 and Session Laws 2005-276. At the direction of the Revisor of Statutes, subdivisions (45) through (48), as added by Session Laws 2006-143, s. 2, have been renumbered as subdivisions (47) through (50), subdivision (49), as added by Session Laws 2007-59, s. 1, has been renumbered as subdivision (51), and subdivision (50), as added by Session Laws 2007-126, s. 1, has been renumbered as subdivision (52).

Session Laws 2008-187, s. 45.8, amended this section contingent on the enactment of House Bill 359, 2007 Regular Session. House Bill 359 was not enacted.

Subdivision (58), as added by Session Laws 2009-541, s. 29(a), was redesignated as subdivision (59) by 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 2013-363, s. 3.3(b), was contingent upon Senate Bill 402, 2013 Regular Session, becoming law. Senate Bill 402 was enacted as Session Laws 2013-360.

Session Laws 2014-13, s. 3, is a severability clause.

Session Laws 2015-241, s. 8A.1(a), (b), provides: “(a) The General Assembly finds that some local boards of education have failed to comply with the requirements of the judiciary’s decisions in Leandro to provide all public school students the opportunity to receive a sound basic education. Notwithstanding a history of adequate State and local funding and legislatively-granted flexibility in administration, management, and employment at the local level to provide tools to facilitate compliance with Leandro , some local boards of education have failed to take actions sufficient to:

“(1) Prevent education bureaucracies from interfering with and overriding accountability measures and education reforms required by State law.

“(2) Properly administer the public schools.

“(3) Provide high-quality principals in every school and high-quality teachers in every classroom.

“(b) It is the intent of the General Assembly in this act to provide the following additional direction, authority, and resources to local boards of education and to the State Board of Education to enable them to correct these deficiencies:

“(1) Clarify the role of local boards of education to ensure that their main focus is to provide each public school student with the opportunity to receive a sound basic education, and that all policy decisions should be made with that objective in mind, including employment decisions, budget development, and other administrative actions.

“(2) Direct the State Board of Education not to allow waivers of State laws and rules that permit local boards to avoid accountability measures and education reforms required by the State.

“(3) Provide additional teacher positions to transition to a lower class size in first grade which, according to research, is optimal for learning at this critical time.

“(4) Facilitate the identification of low-performing schools and low-performing local school administrative units.

“(5) Provide the State Board of Education with authority to consolidate local school administrative units in contiguous counties as necessary to ensure that all school systems have the size, expertise, and other resources necessary to provide their students with the opportunity to receive a sound basic education.

“(6) Provide forty-one million eight hundred forty-six thousand one hundred twenty-three dollars ($41,846,123) in additional funds to increase the base teacher salary paid by the State by six and one-tenth percent (6.1 %).”

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 2017-4, s. 1, effective March 30, 2017, provides: “S.L. 2016-3 and S.L. 2016-99 are repealed.” Session Laws 2016-3, 2nd Ex. Sess., s. 1.1, effective March 23, 2016, and applicable to any action taken on or after that date, to any ordinance, resolution, regulation, or policy adopted or amended on or after that date, and to any contract entered into on or after that date, had added subdivision (63), which had established single-sex multiple occupancy bathroom and changing facilities.

Session Laws 2017-4, s. 3, provides: “No local government in this State may enact or amend an ordinance regulating private employment practices or regulating public accommodations.” Section 3 of this act expires on December 1, 2020.

Session Laws 2017-10, s. 5.1, is a severability clause.

Session Laws 2019-212, s. 4(c), made subdivision (54a) as added by Session Laws 2019-212, s. 4(b), effective September 4, 2019, and applicable beginning with the 2019-2020 school year.

Session Laws 2019-245, s. 4.5, provides, in part: “Each entity required by Section 4.4(a), (b), (c), and (d) to adopt and implement a child sexual abuse and sex trafficking training program shall do so by January 1, 2020, and training shall be required for school personnel beginning with the 2020-2021 school year.”

Session Laws 2019-245, s. 9(a) is a severability clause.

Session Laws 2019-245, s. 9(b) provides: “Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.”

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, s. 2.4(b), provides: “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.”

Session Laws 2020-3, s. 2.4(d), provides: “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. 5, is a severability clause.

Session Laws 2020-78, s. 2.1(b), made the rewriting of the last sentence in subdivision (6) of this section by Session Laws 2020-78, s. 2.1(a), applicable beginning with the 2020-2021 school year.

Session Laws 2020-78, s. 22.1, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium.”

Session Laws 2020-78, s. 22.3, is a severability clause.

Session Laws 2021-130, s. 1.2(b), provides: “Notwithstanding G.S. 115C-47(58), 115C-75.8(d)(7), 115C-218.65, 115C-238.66(11), 116-239.8(b)(14), and subdivision 6(d)(2) of S.L. 2018-32, for the 2021-2022 school year, based on data from the 2020-2021 school year, public school units shall only be required to display the annual report card information issued by the State Board of Education pursuant to this Part.”

Session Laws 2021-130, s. 10, provides: “For the 2021-2022 school year, all public school units shall adopt a policy regarding the use of face coverings by employees and students. The governing body of the public school unit shall vote at least once a month on whether the face covering policy should be modified.”

Session Laws 2021-132, s. 6(i), made subdivision (65), as added by Session Laws 2021-132, s. 6(b), effective September 1, 2021, and applicable beginning with the 2021-2022 school year.

Session Laws 2021-180, s. 7.6(d), made subdivision (67) of this section, as added by Session Laws 2021-180, s. 7.6(c), applicable beginning with the 2022-2023 school year.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2004-118, s. 2, effective July 1, 2004, beginning with the 2004-2005 school year, added subdivision (44).

Session Laws 2005-205, s. 5, effective July 1, 2006, added subdivision (45).

Session Laws 2005-276, s. 10.40D(f), effective July 1, 2005, added subdivision (46).

Session Laws 2005-355, s. 2, effective October 1, 2005, added subdivision (25a).

Session Laws 2006-137, s. 1, effective July 19, 2006, in subdivision (29a), substituted “Require” for “Encourage” twice, and deleted “or Oath” in the subdivision heading, substituted “shall adopt” for “are encouraged to adopt” in the introductory language, substituted “require” for “provide for” and inserted “when available” in clause (i), and substituted “require that recitation of the Pledge of Allegiance be scheduled on a daily basis” for “provide the opportunity for students to recite the Pledge or Oath of Allegiance on a regular basis” in clause (ii).

Session Laws 2006-143, s. 2, added subdivisions (45) through (48). For effective date, see Editor’s note.

Session Laws 2007-59, s. 1, effective July 1, 2007, added subdivision (49). See Editor’s note for applicability.

Session Laws 2007-126, s. 1, effective June 27, 2007, and applicable beginning with the 2008-2009 school year, added subdivision (50).

Session Laws 2009-223, s. 1, effective June 30, 2009, and applicable beginning with the 2009-2010 school year, inserted “and that the composition of the team complies with G.S. 115C-105-27(a)” at the end of the first sentence in subdivision (38).

Session Laws 2009-330, ss. 1 and 2, effective July 24, 2009, rewrote the second paragraph of subdivision (34), and added subdivisions (53) through (55).

Session Laws 2009-403, s. 2, effective January 1, 2010, added subdivision (57).

Session Laws 2009-410, s. 2, effective August 5, 2009, and applicable beginning with the 2010-2011 school year, added subdivision (56).

Session Laws 2009-451, s. 7.28, effective July 1, 2009, added subdivision (58).

Session Laws 2009-541, s. 29(a), effective January 1, 2010, and applicable beginning with the 2010-2011 school year, added subdivision (59).

Session Laws 2011-91, s. 1, effective May 26, 2011, and applicable beginning with the 2011-2012 school year, added subdivision (34a).

Session Laws 2011-145, s. 7.13(w), effective July 1, 2011, deleted the former last sentence of the first paragraph in subdivision (32a), which read: “Upon adoption of policies and guidelines under this subdivision, local boards are encouraged to incorporate them in their safe school plans developed under G.S. 115C-105.47.”

Session Laws 2011-185, s. 9(a), effective October 1, 2011, added subdivision (60).

Session Laws 2011-379, s. 3, effective June 27, 2011, and applicable beginning with the 2011-2012 school year, in subdivision (18), in the second paragraph, added “and consolidate remaining reporting requirements” in the first sentence, added the third paragraph, and in the last paragraph, inserted “local” and added “and to monitor teachers’ access to software protocols that minimize repetitious data entry.”

Session Laws 2012-142, s. 7A.3(b), effective July 2, 2012, substituted “is otherwise provided to the public” for “otherwise” and added the last two sentences to subdivision (58). For applicability, see editor’s note.

Session Laws 2012-194, s. 55(a), effective July 17, 2012, repealed subdivision (60), which related to the unique needs of students with immediate family members in the military and provisions to ensure that those needs are met.

Session Laws 2013-360, s. 8.37(a), effective July 1, 2013, substituted “education shall, in coordination with local law enforcement agencies” for “education may” in subdivision (40).

Session Laws 2013-360, s. 8.45(c), effective December 1, 2013, added subdivision (61).

Session Laws 2013-363, s. 3.3(b), effective July 1, 2013, in subdivision (10), in the first paragraph, deleted “and teaching load” following “class size”, and inserted “for kindergarten through third grade” in the first sentence, inserted “or she” in the third sentence, and deleted “and if any of the conditions set out in G.S. 115C-301(g)(1) exist” following “correct the exception” in the last sentence; in the third paragraph, substituted “and the size of each class” for “the size of each class, and the teaching load of each teacher” in the first sentence, and deleted “and daily teaching load” preceding “maximums that exist” in the last sentence.

Session Laws 2013-381, s. 12.1(h), effective September 1, 2013, in subdivision (59), deleted “and preregistration” following “registration” at the end of the subdivision heading and the first sentence, and deleted “or preregistration” following “voter registration” in the last sentence.

Session Laws 2015-241, s. 8.26(a), effective July 1, 2015, and applicable beginning with the 2015-2016 school year, rewrote subdivision (40).

Session Laws 2015-241, s. 8.45, effective July 1, 2015, repealed subdivision (18a)b.

Session Laws 2015-241, s. 8A.2, effective July 1, 2015, rewrote subdivision (1).

Session Laws 2015-248, s. 6(b), effective March 1, 2016, added subdivision (17a).

Session Laws 2015-264, s. 56.5, effective October 1, 2015, added subdivision (62).

Session Laws 2016-3, 2nd Ex. Sess., s. 1.1, effective March 23, 2016, added subdivision (63). See editor’s note for applicability.

Session Laws 2017-4, s. 1, repealed Session Laws 2016-3, which added subdivision (63).

Session Laws 2017-9, s. 2(a), effective April 27, 2017, in subdivision (10), added “as required in G.S. 115C-301(g)” to the end of the second paragraph; in the third paragraph, substituted “September and end of February of each” for “the second month of each”; substituted “Superintendent of Public Instruction” for “State Board of Education” twice, and substituted “for each school in the local school administrative unit, as required by G.S. 115C-301(f)” for “of each school, the duties of each teacher, and the size of each class,” and deleted the final sentence, which read: “As of February 1 each year, local boards of education, through the superintendent, shall report all exceptions to individual class size maximums that exist at that time.” For effective date and applicability, see editor’s note.

Session Laws 2017-10, s. 2.3, effective May 4, 2017, added the last sentence of subdivision (41).

Session Laws 2017-57, s. 7.23H(a), effective July 1, 2017, added “and Article 10 of this Chapter” at the end of subdivision (30); in subsection (34a), inserted “Establish Work-Based Opportunities and” in the subdivision heading, inserted the first sentence, substituted “Local boards of education shall also” for “Each local board of education shall” in the second sentence, and substituted “shall” for “may” in the last sentence. For applicability, see editor’s note.

Session Laws 2017-57, s. 7.26(b), effective July 1, 2017, substituted “earned an overall school performance grade of D or F” for “awarded a grade of D or F” in subsection (58). For applicability, see editor’s note.

Session Laws 2017-126, ss. 6-8, and 12, effective July 20, 2017, repealed subdivision (12); and added subdivisions (1a), (29c), and (49a).

Session Laws 2017-157, s. 1(a), effective July 21, 2017, substituted “October” for “September” at the beginning of the third paragraph in subdivision (10). For effective date and applicability, see editor’s note.

Session Laws 2019-212, s. 4(b), added subdivision (54a). For effective date and applicability, see editor’s note.

Session Laws 2019-245, s. 4.4(a), effective December 1, 2019, added subdivision (64). For applicability, see editor’s note.

Session Laws 2020-78, s. 2.1(a), effective July 1, 2020, rewrote the last sentence in subdivision (6). For applicability, see editor’s note.

Session Laws 2021-132, s. 6(b), added subdivision (65). For effective date and applicability, see editor’s note.

Session Laws 2021-180, ss. 7.6(c), 7.9(b), effective July 1, 2021, added subdivisions (66) and (67). For applicability of subdivision (67), see editor's note.

Legal Periodicals.

For note suggesting that moment of silence statutes may threaten the wall of separation between church and state, in light of Wallace v. Jaffree, 472 U.S. 38, 105 S. Ct. 2479, 86 L. Ed. 2d 29 (1985), see 8 Campbell L. Rev. 125 (1985).

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 article, “Leandro v. State and the Constitutional Limitation on School Suspensions and Expulsions in North Carolina,” see 83 N.C. L. Rev. 1507 (2005).

For article, “Long-Term Suspensions and the Right to an Education: An Alternative Approach,” see 90 N.C. L. Rev. 293 (2011).

For note, “The Class is Greener on the Other Side: How Private Donations to Public Schools Play Into Fair Funding,” see 67 Duke L.J. 427 (2017).

§ 115C-47. Powers and duties generally. [Effective July 1, 2022]

In addition to the powers and duties designated in G.S. 115C-36, local boards of education shall have the power or duty:

1. To Provide the Opportunity to Receive a Sound Basic Education. —  It shall be the duty of local boards of education to provide students with the opportunity to receive a sound basic education and to make all policy decisions with that objective in mind, including employment decisions, budget development, and other administrative actions, within their respective local school administrative units, as directed by law.
2. 1. To Establish and Maintain Kindergartens. —  Local boards of education shall provide for their respective local school administrative unit kindergartens as a part of the public school system for all children living in the local school administrative unit who are eligible for admission pursuant to sub-subdivision c. of this subdivision provided that funds are available from State, local, federal, or other sources to operate a kindergarten program as provided in this subdivision. (1a) a. To Establish and Maintain Kindergartens. —  Local boards of education shall provide for their respective local school administrative unit kindergartens as a part of the public school system for all children living in the local school administrative unit who are eligible for admission pursuant to sub-subdivision c. of this subdivision provided that funds are available from State, local, federal, or other sources to operate a kindergarten program as provided in this subdivision.
   2. All kindergarten programs so established shall be subject to the supervision of the Department of Public Instruction and shall be operated in accordance with the standards adopted by the State Board of Education, upon recommendation of the Superintendent of Public Instruction. Among the standards to be adopted by the State Board of Education shall be a provision that the Board will allocate funds for the purpose of operating and administering kindergartens to each school administrative unit in the State based on the average daily membership for the best continuous three out of the first four school months of pupils in the kindergarten program during the last school year in that respective school administrative unit. Such allocations are to be made from funds appropriated to the State Board of Education for the kindergarten program.
   3. Any child who meets the requirements of G.S. 115C-364 shall be eligible for enrollment in kindergarten. Any child who is enrolled in kindergarten and not withdrawn by the child’s parent or legal guardian shall attend kindergarten.
   4. Notwithstanding any other provision of law to the contrary, subject to the approval of the State Board of Education, any local board of education may elect not to establish and maintain a kindergarten program. Any funds allocated to a local board of education which does not operate a kindergarten program may be reallocated by the State Board of Education, within the discretion of the Board, to a county or city board of education which will operate such a program.
3. To Exercise Certain Judicial Functions and to Participate in Certain Suits and Actions. —  Local boards of education shall have the power and authority to exercise certain judicial functions pursuant to the provisions of G.S. 115C-45 and to participate in certain suits and actions pursuant to the provisions of G.S. 115C-44.
4. To Divide Local School Administrative Units into Attendance Areas. —  Local boards of education shall have authority to divide their various units into attendance areas without regard to district lines.
5. To Regulate Extracurricular Activities. —    Local boards of education shall make all rules and regulations necessary for the conducting of extracurricular activities in the schools under their supervision, including a program of athletics, where desired, without assuming liability therefor; provided, that all interscholastic athletic activities shall be conducted in accordance with rules adopted by the State Board of Education, in accordance with G.S. 115C-12(23) and Article 29E of this Chapter.
6. To Fix Time of Opening and Closing Schools. —  The time of opening and closing the public schools shall be fixed under G.S. 115C-84.2.
7. To Regulate Fees, Charges and Solicitations. —  Local boards of education shall adopt rules and regulations governing solicitations of, sales to, and fund-raising activities conducted by, the students and faculty members in schools under their jurisdiction, and no fees, charges, or costs shall be collected from students and school personnel without approval of the board of education as recorded in the minutes of said board; provided, this subdivision shall not apply to such textbooks fees as are determined and established by the State Board of Education. The local board of education shall publish a schedule of fees, charges, and solicitations approved by the local board on the local school administrative unit’s Web site by October 15 of each school year and, if the schedule is subsequently revised, within 30 days following the revision.
8. To Accept and Administer Federal or Private Funds. —  Local boards of education shall have power and authority to accept, receive and administer any funds or financial assistance given, granted or provided under the provisions of the Elementary and Secondary Education Act of 1965 (Public Law 89-10, 89th Congress, HR 2362) and under the provisions of the Economic Opportunity Act of 1964 (Public Law 88-452, 88th Congress, S. 2642), or other federal acts or funds from foundations or private sources, and to comply with all conditions and requirements necessary for the receipt, acceptance and use of said funds. In the administration of such funds, local boards of education shall have authority to enter into contracts with and to cooperate with and to carry out projects with nonpublic elementary and secondary schools, community groups and nonprofit corporations, and to enter into joint agreements for these purposes with other local boards of education. Local boards of education shall furnish such information as shall be requested by the State Board of Education, from time to time, relating to any programs related or conducted pursuant to this subdivision.
9. To Sponsor or Conduct Educational Research. —  Local boards of education are authorized to sponsor or conduct educational research and special projects approved by the Department of Public Instruction and the State Board of Education that may improve the school system under their jurisdictions. Such research or projects may be conducted during the summer months and the board may use any available funds for such purposes.
10. To Assure Accurate Attendance Records. —  When the governing board of any local school administrative unit shall have information that inaccurate school attendance records are being kept, the board concerned shall immediately investigate such inaccuracies and take necessary action to establish and maintain correct records and report its findings and action to the State Board of Education.
11. To Assure Appropriate Class Size. —  It shall be the responsibility of local boards of education to assure that the class size requirements set forth in G.S. 115C-301 for kindergarten through third grade are met. Any teacher who believes that the requirements of G.S. 115C-301 have not been met shall make a report to the principal and superintendent, and the superintendent shall immediately determine whether the requirements have in fact not been met. If the superintendent determines the requirements have not been met, he or she shall make a report to the next local board of education meeting. The local board of education shall take action to meet the requirements of the statute. If the local board cannot organizationally correct the exception, it shall immediately apply to the State Board of Education for additional personnel or a waiver of the class size requirements, as provided in G.S. 115C-301(g).Upon notification from the State Board of Education that the reported exception does not qualify for an allotment adjustment or a waiver under provisions of G.S. 115C-301, the local board, within 30 days, shall take action necessary to correct the exception, as required in G.S. 115C-301(g).At the end of October and end of February of each school year, the local board of education, through the superintendent, shall file a report with the Superintendent of Public Instruction, in a format prescribed by the Superintendent of Public Instruction, describing the organization for each school in the local school administrative unit, as required by G.S. 115C-301(f).In addition to assuring that the requirements of G.S. 115C-301 are met, each local board of education shall also have the duty to provide an adequate number of classrooms to meet the requirements of that statute.
12. To Determine the School Calendar. —  Local boards of education shall determine the school calendar under G.S. 115C-84.2.
13. Repealed by Session Laws 2017-126, s. 12, effective July 20, 2017.
14. To Elect a Superintendent. —  The local boards of education shall elect superintendents subject to the requirements and limitations set forth in G.S. 115C-271.
15. To Supply an Office, Equipment and Clerical Assistance for the Superintendent. —  It shall be the duty of the various boards of education to provide the superintendent of schools with an office, equipment and clerical assistance as provided in G.S. 115C-277.
16. To Prescribe Duties of Superintendent. —  The local boards of education shall prescribe the duties of the superintendent as subject to the provisions of G.S. 115C-276(a).
17. To Remove a Superintendent, When Necessary. —  Local boards of education shall remove a superintendent for cause, pursuant to the provisions of G.S. 115C-274(a).
18. To Employ Assistant Superintendent and Supervisors. —  Local boards of education have the authority to employ assistant superintendents and supervisors pursuant to the provisions of G.S. 115C-278 and 115C-284(g).
19. To adopt anti-nepotism policies. —  Local boards of education shall adopt policies requiring that before any immediate family, as defined in G.S. 115C-12.2, of any board of education member or central office staff administrator, including directors, supervisors, specialists, staff officers, assistant superintendents, area superintendents, superintendents, or principals, shall be employed or engaged as an employee, independent contractor, or otherwise by the board of education in any capacity, such proposed employment or engagement shall be (i) disclosed to the board of education and (ii) approved by the board of education in a duly called open-session meeting. The burden of disclosure of such a conflict of interest shall be on the applicable board member or central office staff administrator.
20. To Make Rules Concerning the Conduct and Duties of Personnel. —  Local boards of education, upon the recommendation of the superintendent, shall have full power to make all just and needful rules and regulations governing the conduct of teachers, principals, and supervisors, the kind of reports they shall make, and their duties in the care of school property.Prior to the beginning of each school year, each local board of education shall identify all reports, including local school required reports, that are required at the local level for the school year and shall, to the maximum extent possible, eliminate any duplicate or obsolete reporting requirements and consolidate remaining reporting requirements. No additional reports shall be required at the local level after the beginning of the school year without the prior approval of the local board of education.Prior to the beginning of each school year, each local board of education shall also identify software protocols such as NC Wise that could be used to minimize repetitious data entry by teachers and shall make them available to teachers.Each local board of education shall appoint a person or establish a local paperwork control committee to monitor all reports and other paperwork required of teachers by the central office and to monitor teachers’ access to software protocols that minimize repetitious data entry.
21. To Adopt Rules and Policies Limiting the Noninstructional Duties of Teachers. —  Local boards of education shall adopt rules and policies limiting the noninstructional duties assigned to teachers. A local board may temporarily suspend the rules and policies for individual schools upon a finding that there is a compelling reason the rules or policies should not be implemented. These rules and policies shall ensure that:
    1. Teachers with initial certification are not assigned extracurricular activities unless they request the assignments in writing and that other noninstructional duties assigned to these teachers are minimized, so these teachers have an opportunity to develop into skilled professionals;
    2. Repealed by Session Laws 2015-241, s. 8.45, effective July 1, 2015.
    3. The noninstructional duties of all teachers are limited to the extent possible given federal, State, and local laws, rules, and policies, and that the noninstructional duties required of teachers are distributed equitably among employees.
22. To Approve the Assignment of Duties to an Assistant Principal. —  Local boards of education shall permit certain duties of the principal to be assigned to an assistant or acting principal pursuant to the provisions of G.S. 115C-289.
23. To Provide for Training of Teachers. —  Local boards of education are authorized to provide for the training of teachers as provided in G.S. 115C-300.
24. It is the duty of every local board of education to provide for the prompt monthly payment of all salaries due teachers and other school officials and employees, and of all current bills and other necessary operating expenses. All salaries and bills shall be paid as provided by law for disbursing State and local funds.The local board shall determine salary schedules of employees pursuant to the provisions of G.S. 115C-273, 115C-285(b), 115C-302.1(i), and 115C-316(b).The authority for boards of education to issue salary vouchers to all school employees, whether paid from State or local funds, shall be a monthly payroll prepared on forms approved by the State Board of Education and containing all information required by the State Board of Education. This monthly payroll shall be signed by the principal of each school.
25. To Provide School Food Services. —  Local boards of education shall provide, to the extent practicable, school food services as provided in Part 2 of Article 17 of this Chapter.
26. To Purchase Equipment and Supplies. —  Local boards shall contract for equipment and supplies under G.S. 115C-522(a) and G.S. 115C-528.
27. Purchase of Activity Buses with Local Capital Outlay Tax Funds. —  Local boards of education are authorized to purchase activity buses with local capital outlay tax funds, and are authorized to maintain these buses in the county school bus garage. Reimbursement to the State Public School Fund shall be made for all maintenance cost including labor, gasoline and oil, repair parts, tires and tubes, antifreeze, etc. Labor cost reimbursements and local funds may be used to employ additional mechanics so as to insure that all activity buses owned and operated by local boards of education are maintained in a safe mechanical condition. Replacement units for activity buses shall be financed with local funds.
28. To Secure Liability Insurance. —  Local boards of education are authorized to secure liability insurance, as provided in G.S. 115C-42, so as to waive their immunity for liability for certain negligent acts of their employees.
29. To Reimburse the Additional Cost of Automobile Liability Coverage for School Social Workers Required to Transport Students. —  Unless a local board of education otherwise provides for liability insurance coverage of a school social worker who is required to transport students under G.S. 115C-317.1, a local board of education may require a school social worker who is required to transport students as provided under G.S. 115C-317.1 to increase the liability limits or add a business-use rider, or both, on that employee’s personal automobile liability insurance policy for the purpose of transporting students within the course of that employee’s work duties, only if the board reimburses the employee for the additional premium charged, up to the maximum additional amount charged to a person with up to two points assessed under the Safe Driver Incentive Plan pursuant to G.S. 58-36-65, for the increased liability limits or the added rider, or both.
30. If a local board of education provides access to its buildings and campus and the student information directory to persons or groups which make students aware of occupational or educational options, the local board of education shall provide access on the same basis to official recruiting representatives of the military forces of the State and of the United States for the purpose of informing students of educational and career opportunities available in the military.
31. Repealed by Session Laws 1987, c. 571, s. 2.
32. To Enter Lease Purchase and Installment Purchase Contracts. —  Local boards may enter into lease purchase and installment purchase contracts as provided in G.S. 115C-528.
33. To Enter Guaranteed Energy Savings Contracts for Energy Conservation Measures. —  Local boards may purchase energy conservation measures by guaranteed energy savings contracts pursuant to Part 2 of Article 3B of Chapter 143 of the General Statutes.
34. To Authorize the Observance of a Moment of Silence. —  To afford students and teachers a moment of quiet reflection at the beginning of each day in the public schools, to create a boundary between school time and nonschool time, and to set a tone of decorum in the classroom that will be conducive to discipline and learning, each local board of education may adopt a policy to authorize the observance of a moment of silence at the commencement of the first class of each day in all grades in the public schools. Such a policy shall provide that the teacher in charge of the room in which each class is held may announce that a period of silence not to exceed one minute in duration shall be observed and that during that period silence shall be maintained and no one may engage in any other activities. Such period of silence shall be totally and completely unstructured and free of guidance or influence of any kind from any sources.
35. To Require the Display of the United States and North Carolina Flags, and to Require the Recitation of the Pledge of Allegiance. —  Local boards of education shall adopt policies to (i) require the display of the United States and North Carolina flags in each classroom, when available, (ii) require that recitation of the Pledge of Allegiance be scheduled on a daily basis, and (iii) provide age-appropriate instruction on the meaning and historical origins of the flag and the Pledge of Allegiance. These policies shall not compel any person to stand, salute the flag, or recite the Pledge of Allegiance. If flags are donated or are otherwise available, flags shall be displayed in each classroom.
36. Repealed by Session Laws 2014-13, s. 2, effective June 19, 2014. See now G.S. 115C-407.30 et seq.
37. To Allow and Encourage the Reading and Posting of Documents on the History of the United States and With Historical Significance for the United States.
    1. Local boards of education shall allow and may encourage any public school teacher or administrator to read or post in a public school building, classroom, or event excerpts or portions of writings, documents, and records that reflect the history of the United States, including, but not limited to:
       1. The preamble to the North Carolina Constitution.
       2. The Declaration of Independence.
       3. The United States Constitution.
       4. The Mayflower Compact.
       5. The national motto.
       6. The National Anthem.
       7. The Pledge of Allegiance.
       8. The writings, speeches, documents, and proclamations of the founding fathers and Presidents of the United States.
       9. Decisions of the Supreme Court of the United States.
       10. Acts of the Congress of the United States, including the published text of the Congressional Record.
    2. Local boards, superintendents, principals, and supervisors shall not allow content-based censorship of American history in the public schools of this State, including religious references in these writings, documents, and records. Local boards and professional school personnel may develop curricula and use materials that are limited to specified topics, provided the curricula and materials are aligned with the standard course of study or are grade level appropriate.
    3. A local school administrative unit may display on real property controlled by that local school administrative unit documents and objects of historical significance that have formed and influenced the United States legal or governmental system and that exemplify the development of the rule of law, such as the Magna Carta, the Mecklenburg Declaration, the Ten Commandments, the Justinian Code, and documents set out in sub-subdivision a. of this subdivision. Such displays are subject to the following requirements:
       1. The display may include, but shall not be limited to, documents that contain words associated with a religion; provided, however, no display shall seek to establish or promote religion or to persuade any person to embrace a particular religion, denomination of a religion, or other philosophy.
       2. The display of a document containing words associated with a religion shall be in the same manner and appearance generally as other documents and objects displayed and shall not be presented or displayed in any fashion that results in calling attention to it apart from the other displayed documents and objects. The display also shall be accompanied by a prominent sign quoting the First Amendment of the United States Constitution as follows: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
38. To Appoint Advisory Councils. —  Local boards of education are authorized to appoint advisory councils as provided in G.S. 115C-55 and Article 10 of this Chapter.
39. Local boards of education shall determine the hours of employment for teacher assistants. The Legislative Commission of Salary Schedules for Public School Employees shall include in its report to the General Assembly recommendations regarding hours of employment for teacher assistants and other employees.
40. To Refer All Students Who Drop Out of the Public Schools to Appropriate Services. —  Local boards of education shall refer all students who drop out of the public schools to appropriate services. When appropriate public school services such as extended day programs are available, the local boards shall refer the students to those services. When appropriate public school programs are not available or are not suitable for certain students, the local board shall refer the students to the community college system or to other appropriate services.
41. To Establish Alternative Learning Programs and Develop Policies and Guidelines. —  Each local board of education shall establish at least one alternative learning program and shall adopt guidelines for assigning students to alternative learning programs. These guidelines shall include (i) a description of the programs and services to be provided, (ii) a process for ensuring that an assignment is appropriate for the student and that the student’s parents are involved in the decision, and (iii) strategies for providing alternative learning programs, when feasible and appropriate, for students who are subject to long term suspension or expulsion. In developing these guidelines, local boards shall consider the State Board’s standards developed under G.S. 115C-12(24).The General Assembly urges local boards to adopt policies that prohibit superintendents from assigning to any alternative learning program any professional public school employee who has received within the last three years a rating on a formal evaluation that is less than above standard.Notwithstanding this subdivision, each local board shall adopt policies based on the State Board’s standards developed under G.S. 115C-12(24). These policies shall apply to any new alternative learning program or alternative school that is implemented beginning with the 2006-2007 school year. Local boards of education are encouraged to apply these standards to alternative learning programs and alternative schools implemented before the 2006-2007 school year.Local boards shall assess on a regular basis whether the unit’s alternative schools and alternative learning programs comply with the State Board’s standards developed under G.S. 115C-12(24) and whether they incorporate best practices for improving student academic performance and reducing disruptive behavior, are staffed with professional public school employees who are well trained and provided with appropriate staff development, are organized to provide coordinated services, and provide students with high quality and rigorous academic instruction.
42. Local boards of education shall have sole authority to select and procure supplementary instructional materials, whether or not the materials contain commercial advertising, pursuant to the provisions of G.S. 115C-98(b).
43. To Approve and Use Textbooks Not Adopted by State Board of Education. —  Local boards of education shall have the authority to select, procure, and use textbooks not adopted by the State Board of Education as provided in G.S. 115C-98(b1).
44. To Encourage the Business Community to Facilitate Student Achievement. —  Local boards of education, in consultation with local business leaders, shall develop voluntary guidelines relating to after-school employment. The guidelines may include an agreement to limit the number of hours a student may work or to tie the number of hours a student may work to his academic performance, school attendance, and economic need. The General Assembly finds that local boards of education do not currently have information regarding how many of their students are employed after school and how many hours they work; the General Assembly urges local boards of education to compile this critical information so that the State can determine to what extent these students’ work affects their school performance.Local boards of education shall work with local business leaders, including local chambers of commerce, to encourage employers to include and adopt as part of their stated personnel policies time for employees who are parents or guardians to attend conferences with their children’s teachers.The Superintendent of Public Instruction shall provide guidance and technical assistance to the local boards of education on carrying out the provisions of this subdivision.
45. To Establish Work-Based Opportunities and Encourage High School to Work Partnerships. —  Each local board of education shall offer at least two work-based learning opportunities that are related to career and technical education instruction in the local school administrative unit as required by G.S. 115C-157. Local boards of education shall also encourage high schools and local businesses to partner, specifically to target students who may not seek higher education, and facilitate high school to work partnerships. Local businesses shall be encouraged to work with local high schools to create opportunities for students to complete a job shadow, internship, or apprenticeship. Students may also be encouraged to tour the local business or clinic, meet with employees, and participate in career and technical student organizations. Waiver forms shall be developed in collaboration with participating businesses for the protection of both the students and the businesses.Each local board of education shall encourage high schools to designate the Career Development Coordinator or other designee of the local Career and Technical Education administrator to be the point person for local businesses to contact. If the person selected is a teacher, the teacher shall work with the principal and the local Career and Technical Education administrator to find time in the school day to contact businesses and develop opportunities for students. The high school shall include a variety of trades and skilled labor positions for students to interact with and shadow and shall encourage students who may be interested in a job-shadowing opportunity to pursue and set up the job shadow.Each local board of education shall develop a policy with provisions for students who are absent from school while doing a job shadow to make up the work. Students shall not be counted as absent when participating in these work-based learning opportunities or in Career and Technical Education student organization activities. Local boards may determine maximum numbers of days to be used for job-shadowing activities.
46. To produce school building improvement reports. —  Each administrative unit shall produce school building improvement reports for each school building in the local school administrative unit, in accordance with G.S. 115C-12(9)c3.
47. To Report All Acts of School Violence. —  Local boards of education shall report all acts of school violence to the State Board of Education in accordance with G.S. 115C-12(21).
48. To purchase group accident and health insurance for students. —  Local boards of education may purchase group accident, group health, or group accident and health insurance for students in accordance with G.S. 58-51-81.
49. To Establish School Improvement Teams. —  Local boards shall adopt a policy to ensure that each principal has established a school improvement team under G.S. 115C-105.27 and in accordance with G.S. 115C-288(l) and that the composition of the team complies with G.S. 115C-105.27(a). Local boards shall direct the superintendent or the superintendent’s designee to provide appropriate guidance to principals to ensure that these teams are established and that the principals work together with these teams to develop, review, and amend school improvement plans for their schools.
50. To Adopt Policies Related to Student Retention Decisions. —  Local boards shall adopt policies related to G.S. 115C-45(c) that include opportunities for parents and guardians to discuss decisions to retain students.
51. Adopt School Risk Management Plans. —  Each local board of education shall, in coordination with local law enforcement and emergency management agencies, adopt a School Risk Management Plan (SRMP) relating to incidents of school violence for each school in its jurisdiction. In constructing and maintaining these plans, local boards of education and local school administrative units shall utilize the School Risk and Response Management System (SRRMS) established pursuant to G.S. 115C-105.49A. These plans are not a public record as the term “public record” is defined under G.S. 132-1 and shall not be subject to inspection and examination under G.S. 132-6.
52. To Encourage Recycling in Public Schools. —  Local boards of education shall encourage recycling in public schools and may develop and implement recycling programs at public schools. Local boards of education shall comply with G.S. 160A-327.
53. Recodified as G.S. 115C-375.3 by Session Laws 2005-22, s. 3(a), effective April 28, 2005.
54. Local boards of education are encouraged to adopt policies that require superintendents to assign to the core academic courses, in seventh through ninth grades, teachers who have at least four years’ teaching experience and who have received within the last three years an overall rating on a formal evaluation that is at least above standard.
55. Recodified as G.S. 115C-375.4 by Session Laws 2005-22, s. 4(a), effective April 28, 2005.
56. To Report Certain Incidents of Seclusion and Restraint. —  Local boards of education shall maintain a record of incidents reported under G.S. 115C-391.1(j)(4) and shall provide this information annually to the State Board of Education.
57. At the discretion of the board, to adopt policies and procedures authorizing schools that operate programs under G.S. 115C-307(c) to utilize unlicensed health care personnel to perform the technical aspects of medication administration to students. If adopted, the policies and procedures shall be consistent with the requirements of Article 9A of Chapter 90 of the General Statutes and shall include the following:
    1. Training and competency evaluation of medication aides as provided for under G.S. 131E-270.
    2. Requirements for listing under the Medication Aide Registry as provided for under G.S. 131E-271.
    3. Requirements for supervision of medication aides by licensed health professionals or appropriately qualified supervisory personnel consistent with Articles 5, 6, 10, and 16 of Chapter 131E of the General Statutes.
58. To Address the Use of Pesticides in Schools. —  Local boards of education shall adopt policies that address the use of pesticides in schools. These policies shall:
    1. Require the principal or the principal’s designee to annually notify the students’ parents, guardians, or custodians as well as school staff of the schedule of pesticide use on school property and their right to request notification. Such notification shall be made, to the extent possible, at least 72 hours in advance of nonscheduled pesticide use on school property. The notification requirements under this subdivision do not apply to the application of the following types of pesticide products: antimicrobial cleansers, disinfectants, self-contained baits and crack-and-crevice treatments, and any pesticide products classified by the United States Environmental Protection Agency as belonging to the U.S.E.P.A. Toxicity Class IV, “relatively nontoxic” (no signal word required on the product’s label).
    2. Require the use of Integrated Pest Management. As used in this sub-subdivision, “Integrated Pest Management” or “IPM” means the comprehensive approach to pest management that combines biological, physical, chemical, and cultural tactics as well as effective, economic, environmentally sound, and socially acceptable methods to prevent and solve pest problems that emphasizes pest prevention and provides a decision-making process for determining if, when, and where pest suppression is needed and what control tactics and methods are appropriate.
59. To Address Arsenic-Treated Wood in the Classroom and on School Grounds. —  Local boards of education shall prohibit the purchase or acceptance of chromated copper arsenate-treated wood for future use on school grounds. Local boards of education shall seal existing arsenic-treated wood in playground equipment or establish a time line for removing existing arsenic-treated wood on playgrounds, according to the guidelines established under G.S. 115C-12(33). Local boards of education are encouraged to test the soil on school grounds for contamination caused by the leaching of arsenic-treated wood.
60. To Address Mercury in the Classroom and on School Grounds. —  Local boards of education are encouraged to remove and properly dispose of all bulk elemental mercury, chemical mercury, and bulk mercury compounds used as teaching aids in science classrooms, not including barometers. Local boards of education shall prohibit the future use of bulk elemental mercury, chemical mercury compounds, and bulk mercury compounds used as teaching aids in science classrooms, not including barometers.
61. To Address Science Safety Requirements. —
    1. Each local board of education shall certify annually to the State Board of Education that its high school and middle school science laboratories are equipped with appropriate personal protective equipment for students and teachers.
    2. Each local board of education shall ensure that its high schools and middle schools comply with all State Board of Education policies related to science laboratory safety.
62. To Address Exposure to Diesel Exhaust Fumes. —  Local boards of education shall adopt policies and procedures to reduce students’ exposure to diesel emissions.
63. To Ensure that Schools Provide Information Concerning Cervical Cancer, Cervical Dysplasia, Human Papillomavirus, and the Vaccines Available to Prevent These Diseases. —  Local boards of education shall ensure that schools provide parents and guardians with information about cervical cancer, cervical dysplasia, human papillomavirus, and the vaccines available to prevent these diseases. This information shall be provided at the beginning of the school year to parents of children entering grades five through 12. This information shall include the causes and symptoms of these diseases, how they are transmitted, how they may be prevented by vaccination, including the benefits and possible side effects of vaccination, and places parents and guardians may obtain additional information and vaccinations for their children.
64. To Ensure That Certain Students Receive Information Annually on Lawfully Abandoning a Newborn Baby. —  Not later than August 1, 2008, local boards of education shall adopt policies to ensure that students in grades nine through 12 receive information annually on the manner in which a parent may lawfully abandon a newborn baby with a responsible person, in accordance with G.S. 7B-500.
65. To Encourage Programs for Successful Transition Between the Middle School and High School Years. —  Local boards of education are encouraged to adopt policies to implement programs that assist students in making a successful transition between the middle school and high school years. The programs may include Ninth Grade Academies, programs to effectively prepare eighth grade students for the expectations and rigors of high school, early warning systems to flag students not ready for ninth grade and develop plans for those students, mentoring programs that pair upperclassmen with incoming students, and graduation plans for students who have fallen behind and are off track for graduation.
66. To Increase Parental Involvement in Student Achievement and Graduation Preparation. —  Local boards of education are encouraged to adopt policies to promote and support parental involvement in student learning and achievement at school and at home and to encourage successful progress toward graduation. These policies may include strategies to increase school communications with parents regarding expectations for students and student progress, graduation requirements, and available course offerings, to provide increased opportunities for parental involvement in schools, and to create an environment in the schools conducive for parental involvement.
67. To ensure funding for graduation projects. —  A local board of education shall not require a high school graduation project as a condition of graduation from high school unless the board provides from local funds a method of reimbursement of up to seventy-five dollars ($75.00) for expenses related to the high school graduation project for any student identified as an economically disadvantaged student.
68. To Reduce Suspension and Expulsion Rates and Provide for Academic Progress During Suspensions. —  Local boards of education are encouraged to adopt policies and best practices to reduce suspension and expulsion rates and to provide alternative learning programs for continued academic progress for students who have been suspended.
69. To Notify Parents or Legal Guardians of Students Alleged to be Victims of Acts Required to be Reported to Law Enforcement and the Superintendent. —  Local boards of education shall adopt a policy on the notification to parents or legal guardians of any students alleged to be victims of any act that is required to be reported to law enforcement and the superintendent under G.S. 115C-288(g).
70. To adopt a code of ethics. —  Local boards of education shall adopt a resolution or policy containing a code of ethics, as required by G.S. 160A-86.
71. To Inform the Public About the North Carolina School Report Cards Issued by the State Board of Education. —  Each local board of education shall ensure that the report card issued for it by the State Board of Education receives wide distribution to the local press or is otherwise provided to the public. Each local board of education shall ensure that the overall school performance score and grade earned by each school in the local school administrative unit for the current and previous four school years is prominently displayed on the Web site of the local school administrative unit. If any school in the local school administrative unit earned an overall school performance grade of D or F, the local board of education shall provide notice of the grade in writing to the parent or guardian of all students enrolled in that school.
72. To Encourage Student Voter Registration. —  Local boards of education are encouraged to adopt policies to promote student voter registration. These policies may include collaboration with county boards of elections to conduct voter registration in high schools. Completion and submission of voter registration forms shall not be a course requirement or graded assignment for students.
73. Repealed by Session Laws 2012-194, s. 55(a), effective July 17, 2012.
74. To Provide a Safe School Environment. —  Local boards of education may enter into an agreement with the sheriff, chief of police of a local police department, or chief of police of a county police department to provide security at the schools by assigning volunteer school safety resource officers who meet the selection standards and criteria developed by the head of the appropriate local law enforcement agency and the criteria set out in G.S. 162-26 or G.S. 160A-288.4, as appropriate.
75. To Establish Nonprofit Corporations to Further Authorized Purposes. —  Local boards of education may establish, control, and operate a nonprofit corporation that is created under Chapter 55A of the General Statutes and is a tax-exempt organization under the Internal Revenue Code to further their authorized purposes. A nonprofit corporation established as provided in this section shall not have regulatory or enforcement powers and shall not engage in partisan political activity or policy advocacy. Any local board of education that establishes a nonprofit corporation shall make a report annually to the Joint Legislative Education Oversight Committee.
76. Repealed by 2017-4, s. 1, effective March 30, 2017.
77. To adopt a child sexual abuse and sex trafficking training program. —  Each local board of education shall adopt and implement a child sexual abuse and sex trafficking training program for school personnel who work directly with students in grades kindergarten through 12, as required by G.S. 115C-375.20.
78. To Provide Information About Child Abuse and Neglect. —  Local boards of education shall implement the rule addressing student awareness of child abuse and neglect, including sexual abuse, adopted by the State Board of Education under G.S. 115C-12(47).
79. Computer Science Reporting. —   A local board of education shall annually report the information required by G.S. 115C-12(48) to the State Board of Education, the Senate Appropriations Committee on Education/Higher Education, and the House Appropriations Committee on Education no later than September 15.”
80. (Applicable beginning with 2022–2023 school year — see note) To Provide at Least One School Psychologist. —   Local boards of education shall ensure that each local school administrative unit employs at least one full-time, permanent school psychologist.”

History. 1955, c. 1372, art. 5, ss. 18, 28, 30, 33; art. 6, s. 6; art. 17, s. 7; c. 1185; 1959, c. 1294; 1963, c. 425; c. 688, s. 3; 1965, c. 584, ss. 4, 6; c. 1185, s. 1; 1969, c. 517, s. 2; c. 538; 1973, c. 770, ss. 1, 2; c. 782, s. 31; 1975, c. 150, s. 1; c. 965, s. 3; 1977, c. 1088, s. 4; 1981, c. 423, s. 1; c. 901, s. 1; 1983 (Reg. Sess., 1984), c. 1019, s. 2, 1; c. 1034, s. 16; 1985, c. 436, s. 1; c. 479, ss. 55(c)(4), 55(c)(6); c. 637; c. 757, s. 145(i); 1985 (Reg. Sess., 1986), c. 975, ss. 3, 11; c. 1014, s. 58; 1987, c. 340; c. 414, s. 2; c. 571, s. 2; c. 738, s. 182; 1987 (Reg. Sess., 1988), c. 1025, ss. 9, 15; c. 1086, s. 89(b); 1989, c. 585, s. 2; c. 752, s. 65(b); 1989 (Reg. Sess., 1990), c. 1074, s. 23(b); 1991, c. 706, s. 1; 1991 (Reg. Sess., 1992), c. 900, s. 75.1(f); 1993, c. 114, s. 1; c. 321, s. 139(c); 1993 (Reg. Sess., 1994), c. 716, s. 2; c. 775, s. 5; 1995, c. 455, s. 1; c. 497, ss. 1, 2; 1995 (Reg. Sess., 1996), c. 716, ss. 11, 12, 17; 1997-443, s. 8.38(j)-(l); 1998-194, s. 3; 1998-202, s. 12; 1999-96, s. 7; 1999-237, s. 8.25(a); 1999-373, s. 3; 1999-397, s. 4; 1999-456, s. 35; 2000-67, s. 8.18(b); 2000-140, s. 77; 2001-424, s. 28.17(c); 2001-500, s. 3; 2001-512, s. 12; 2002-103, s. 2; 2002-178, s. 3; 2003-147, s. 4; 2004-118, s. 2; 2004-203, s. 72(b); 2005-22, ss. 3(a), 4(a); 2005-205, s. 5; 2005-276, s. 10.40D(f); 2005-355, s. 2; 2005-446, s. 3; 2006-137, s. 1; 2006-143, s. 2; 2007-59, s. 1; 2007-126, s. 1; 2009-223, s. 1; 2009-330, ss. 1, 2; 2009-403, s. 2; 2009-410, s. 2; 2009-451, s. 7.28; 2009-541, s. 29(a); 2011-91, s. 1; 2011-145, s. 7.13(b), (w); 2011-185, s. 9(a); 2011-379, s. 3; 2011-391, s. 14(b); 2012-142, s. 7A.3(b); 2012-194, s. 55(a); 2013-360, ss. 8.37(a), 8.45(c); 2013-363, s. 3.3(b); 2013-381, s. 12.1(h); 2014-13, s. 2; 2014-111, s. 4; 2015-241, ss. 8.26(a), 8.45, 8A.2; 2015-248, s. 6(b); 2015-264, s. 56.5; 2016-3, 2nd Ex. Sess., s. 1.1; 2017-4, s. 1; 2017-9, s. 2(a); 2017-10, s. 2.3; 2017-57, ss. 7.23H(a), 7.26(b); 2017-126, ss. 6-8, 12; 2017-157, s. 1(a); 2019-212, s. 4(b); 2019-245, s. 4.4(a); 2020-78, s. 2.1(a); 2021-132, s. 6(b); 2021-180, ss. 7.6(c), 7.9(b); 2021-184, s. 2(b).

Section Set Out Twice.

The section above is effective July 1, 2022. For the section as in effect until July 1, 2022, see the preceding section, also numbered G.S. 115C-47.

Cross References.

As to the rules of the local board governing the conduct of principals and supervisors, see G.S. 115C-286.

As to the rules of the local board governing the conduct of teachers, see G.S. 115C-308.

Local Modification.

Harnett: 2014-6, s. 6(a).

School-Based Child and Family Team Initiative.

Session Laws 2007-323, s. 10.9, 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 note at G.S. 115C-105.20.

On April 12, 2016, Governor Pat McCrory issued Executive Order No. 93, “To Protect Privacy and Equality,” which provides: “WHEREAS, North Carolina’s rich legacy of inclusiveness, diversity and hospitality makes North Carolina a global destination for jobs, business, tourists and talent;

“WHEREAS, it is the policy of the Executive Branch that government services be provided equally to all people;

“WHEREAS, N.C. Gen. Stat. § 160A-499.2 permits municipalities to adopt ordinances prohibiting discrimination in housing and real estate transactions, and any municipality may expand such ordinance consistent with the federal Fair Housing Act;

“WHEREAS, N.C. Gen. Stat. § 143-422.2(c) permits local governments or other political subdivisions of the State to set their own employment policies applicable to their own personnel;

“WHEREAS, North Carolina law allows private businesses and nonprofit employers to establish their own non-discrimination employment policies;

“WHEREAS, N.C. Gen. Stat. § 143-128.2 requires each city, county or other local public entity to adopt goals for participation by minority businesses and to make good faith efforts to recruit minority participation in line with those goals;

“WHEREAS, North Carolina law allows a private business or nonprofit to set their own restroom, locker room or shower policies;

“WHEREAS, our citizens have basic common-sense expectations of privacy in our restrooms, locker rooms and shower facilities for children, women and men;

“WHEREAS, to protect expectations of privacy in restrooms, locker rooms and shower facilities in public buildings, including our schools, the State of North Carolina maintains these facilities on the basis of biological sex;

“WHEREAS, State agencies and local governments are allowed to make reasonable accommodations in restrooms, locker rooms and shower facilities due to special individual circumstances;

“NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED:

“Section 1. Public Services

“In the provision of government services and in the administration of programs, including, but not limited to public safety, health and welfare, public agencies shall serve all people equally, consistent with the mission and requirements of the service or program.

“Section 2. Equal Employment Opportunity Policy for State Employees

“I hereby affirm that the State of North Carolina is committed to administering and implementing all State human resources policies, practices and programs fairly and equitably, without unlawful discrimination, harassment or retaliation on the basis of race, religion, color, national origin, sex, sexual orientation, gender identity, age, political affiliation, genetic information, or disability.

“I also affirm that private businesses, nonprofit employers and local governments may establish their own non-discrimination employment policies.

“Section 3. Restroom Accommodations

“In North Carolina, private businesses can set their own rules for their own restroom, locker room and shower facilities, free from government interference.

“Under current law, every multiple occupancy restroom, locker room or shower facility located in a cabinet agency must be designated for and only used by persons based on their biological sex. Agencies may make reasonable accommodations upon a person’s request due to special circumstances.

“Therefore, when readily available and when practicable in the best judgment of the agency, all cabinet agencies shall provide a reasonable accommodation of a single occupancy restroom, locker room or shower facility upon request due to special circumstances.

“All council of state agencies, cities, counties, the University of North Carolina System and the North Carolina Community College System are invited and encouraged to make a similar accommodation when practicable.

“Section 4. State Buildings and Facilities Leased to Private Entities

“The Department of Administration shall interpret the application of N.C. Gen. Stat. § 143-760 as follows:

“When a private entity leases State real property and the property in the lessee’s exclusive possession includes multiple occupancy restrooms, locker rooms or other like facilities, the private entity will control the signage and use of these facilities.

“All council of state agencies, cities, counties, the University of North Carolina System and the North Carolina Community College System are invited and encouraged to adopt a similar interpretation of N.C. Gen. Stat. § 143-760.

“Section 5. Human Relations Commission

“Pursuant to N.C. Gen. Stat. § 143B-391, the Human Relations Commission in the Department of Administration shall promote equality and opportunity for all citizens.

“The Human Relations Commission shall work with local government officials to study problems and promote understanding, respect and goodwill among all citizens in all communities in North Carolina.

“The Human Relations Commission shall receive, investigate and conciliate fair housing, employment discrimination and public accommodations complaints.

“The Human Relations Commission shall submit an annual report by April 1st to the Governor detailing the number of complaints received, the number of investigations completed, and the number of conciliations in the preceding calendar year. This report shall also describe any education and outreach efforts made by the Commission in that same calendar year.

“Section 6. State Cause of Action for Wrongful Discharge

“I support and encourage the General Assembly to take all necessary steps to restore a State cause of action for wrongful discharge based on unlawful employment discrimination.

“Section 7. State or Federal Law

“Nothing in this section shall be interpreted as an abrogation of any requirements otherwise imposed by applicable federal or state laws or regulations.

“IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this twelfth day of April in the year of our Lord two thousand and sixteen.”

Editor’s Note.

Session Laws 1985, c. 479, which in ss. 55(c)(4) and 55(c)(6) amended subdivision (12) of this section, provided in 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.”

This section was amended by Session Laws 1993 (Reg. Sess., 1994), c. 716, s. 2 in the coded bill drafting format provided by G.S. 120-20.1. The act failed to incorporate the changes made to subdivision (24) by Session Laws 1993, c. 114, s. 1 and failed to include subdivision (36), as added by Session Laws 1993, c. 321, s. 139. Subdivisions (24) and (36) have been set out as above at the direction of the Revisor of Statutes. The new subdivision added by Session Laws 1993 (Reg. Sess., 1994), c. 716, s. 2 has been renumbered subdivision (37) at the direction of the Revisor of Statutes.

Session Laws 2001-500, s. 3, added a subdivision (40) relating to emergency response plans. Session Laws 2001-512, s. 12, added a different subdivision (40) relating to recycling in schools. Subdivision (40) as added by Session Laws 2001-512, s. 12 was renumbered as subdivision (41) at the direction of the Revisor of Statutes.

Session Laws 2001-512, s. 15, provides: “This act shall not be construed to obligate the General Assembly to appropriate any funds to implement the provisions of this act. Every agency to which this act applies shall implement the provisions of this act from funds otherwise appropriated or available to the agency.”

Session Laws 2002-103, s. 2, and Session Laws 2002-178, s. 3, each added a subdivision (42) to this section. The subdivision (42) as added by Session Laws 2002-178, s. 3, has been renumbered as subdivision (43) at the direction of the Revisor of Statutes.

Session Laws 2003-147, s. 11, provides: “Nothing in this act [giving local boards of education additional purchasing flexibility and encouraging them to use the NC E-Procurement Service] shall be construed to limit the authority of the Department of Administration to develop, implement, and monitor a pilot program for reverse auctions for public school systems as provided in Section 3 of Chapter 107 of the 2002 Session Laws.”

Session Laws 2005-22, ss. 3(a) and (4)(a), effective April 28, 2005, recodified subdivisions (42) and (44) as G.S. 115C-375.3 and G.S. 115C-375.4, respectively.

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 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.”

This section was amended in the coded bill drafting format by Session Laws 2006-143, s. 2, Session Laws 2007-59, s. 1, and Session Laws 2007-126, s. 1. Those acts failed to incorporate previous amendments to this section made by Session Laws 2005-205 and Session Laws 2005-276. At the direction of the Revisor of Statutes, subdivisions (45) through (48), as added by Session Laws 2006-143, s. 2, have been renumbered as subdivisions (47) through (50), subdivision (49), as added by Session Laws 2007-59, s. 1, has been renumbered as subdivision (51), and subdivision (50), as added by Session Laws 2007-126, s. 1, has been renumbered as subdivision (52).

Session Laws 2008-187, s. 45.8, amended this section contingent on the enactment of House Bill 359, 2007 Regular Session. House Bill 359 was not enacted.

Subdivision (58), as added by Session Laws 2009-541, s. 29(a), was redesignated as subdivision (59) by 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 2013-363, s. 3.3(b), was contingent upon Senate Bill 402, 2013 Regular Session, becoming law. Senate Bill 402 was enacted as Session Laws 2013-360.

Session Laws 2014-13, s. 3, is a severability clause.

Session Laws 2015-241, s. 8A.1(a), (b), provides: “(a) The General Assembly finds that some local boards of education have failed to comply with the requirements of the judiciary’s decisions in Leandro to provide all public school students the opportunity to receive a sound basic education. Notwithstanding a history of adequate State and local funding and legislatively-granted flexibility in administration, management, and employment at the local level to provide tools to facilitate compliance with Leandro , some local boards of education have failed to take actions sufficient to:

“(1) Prevent education bureaucracies from interfering with and overriding accountability measures and education reforms required by State law.

“(2) Properly administer the public schools.

“(3) Provide high-quality principals in every school and high-quality teachers in every classroom.

“(b) It is the intent of the General Assembly in this act to provide the following additional direction, authority, and resources to local boards of education and to the State Board of Education to enable them to correct these deficiencies:

“(1) Clarify the role of local boards of education to ensure that their main focus is to provide each public school student with the opportunity to receive a sound basic education, and that all policy decisions should be made with that objective in mind, including employment decisions, budget development, and other administrative actions.

“(2) Direct the State Board of Education not to allow waivers of State laws and rules that permit local boards to avoid accountability measures and education reforms required by the State.

“(3) Provide additional teacher positions to transition to a lower class size in first grade which, according to research, is optimal for learning at this critical time.

“(4) Facilitate the identification of low-performing schools and low-performing local school administrative units.

“(5) Provide the State Board of Education with authority to consolidate local school administrative units in contiguous counties as necessary to ensure that all school systems have the size, expertise, and other resources necessary to provide their students with the opportunity to receive a sound basic education.

“(6) Provide forty-one million eight hundred forty-six thousand one hundred twenty-three dollars ($41,846,123) in additional funds to increase the base teacher salary paid by the State by six and one-tenth percent (6.1 %).”

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 2017-4, s. 1, effective March 30, 2017, provides: “S.L. 2016-3 and S.L. 2016-99 are repealed.” Session Laws 2016-3, 2nd Ex. Sess., s. 1.1, effective March 23, 2016, and applicable to any action taken on or after that date, to any ordinance, resolution, regulation, or policy adopted or amended on or after that date, and to any contract entered into on or after that date, had added subdivision (63), which had established single-sex multiple occupancy bathroom and changing facilities.

Session Laws 2017-4, s. 3, provides: “No local government in this State may enact or amend an ordinance regulating private employment practices or regulating public accommodations.” Section 3 of this act expires on December 1, 2020.

Session Laws 2017-10, s. 5.1, is a severability clause.

Session Laws 2019-212, s. 4(c), made subdivision (54a) as added by Session Laws 2019-212, s. 4(b), effective September 4, 2019, and applicable beginning with the 2019-2020 school year.

Session Laws 2019-245, s. 4.5, provides, in part: “Each entity required by Section 4.4(a), (b), (c), and (d) to adopt and implement a child sexual abuse and sex trafficking training program shall do so by January 1, 2020, and training shall be required for school personnel beginning with the 2020-2021 school year.”

Session Laws 2019-245, s. 9(a) is a severability clause.

Session Laws 2019-245, s. 9(b) provides: “Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.”

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, s. 2.4(b), provides: “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.”

Session Laws 2020-3, s. 2.4(d), provides: “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. 5, is a severability clause.

Session Laws 2020-78, s. 2.1(b), made the rewriting of the last sentence in subdivision (6) of this section by Session Laws 2020-78, s. 2.1(a), applicable beginning with the 2020-2021 school year.

Session Laws 2020-78, s. 22.1, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium.”

Session Laws 2020-78, s. 22.3, is a severability clause.

Session Laws 2021-130, s. 1.2(b), provides: “Notwithstanding G.S. 115C-47(58), 115C-75.8(d)(7), 115C-218.65, 115C-238.66(11), 116-239.8(b)(14), and subdivision 6(d)(2) of S.L. 2018-32, for the 2021-2022 school year, based on data from the 2020-2021 school year, public school units shall only be required to display the annual report card information issued by the State Board of Education pursuant to this Part.”

Session Laws 2021-130, s. 10, provides: “For the 2021-2022 school year, all public school units shall adopt a policy regarding the use of face coverings by employees and students. The governing body of the public school unit shall vote at least once a month on whether the face covering policy should be modified.”

Session Laws 2021-132, s. 6(i), made subdivision (65), as added by Session Laws 2021-132, s. 6(b), effective September 1, 2021, and applicable beginning with the 2021-2022 school year.

Session Laws 2021-180, s. 7.6(d), made subdivision (67) of this section, as added by Session Laws 2021-180, s. 7.6(c), applicable beginning with the 2022-2023 school year.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2004-118, s. 2, effective July 1, 2004, beginning with the 2004-2005 school year, added subdivision (44).

Session Laws 2005-205, s. 5, effective July 1, 2006, added subdivision (45).

Session Laws 2005-276, s. 10.40D(f), effective July 1, 2005, added subdivision (46).

Session Laws 2005-355, s. 2, effective October 1, 2005, added subdivision (25a).

Session Laws 2006-137, s. 1, effective July 19, 2006, in subdivision (29a), substituted “Require” for “Encourage” twice, and deleted “or Oath” in the subdivision heading, substituted “shall adopt” for “are encouraged to adopt” in the introductory language, substituted “require” for “provide for” and inserted “when available” in clause (i), and substituted “require that recitation of the Pledge of Allegiance be scheduled on a daily basis” for “provide the opportunity for students to recite the Pledge or Oath of Allegiance on a regular basis” in clause (ii).

Session Laws 2006-143, s. 2, added subdivisions (45) through (48). For effective date, see Editor’s note.

Session Laws 2007-59, s. 1, effective July 1, 2007, added subdivision (49). See Editor’s note for applicability.

Session Laws 2007-126, s. 1, effective June 27, 2007, and applicable beginning with the 2008-2009 school year, added subdivision (50).

Session Laws 2009-223, s. 1, effective June 30, 2009, and applicable beginning with the 2009-2010 school year, inserted “and that the composition of the team complies with G.S. 115C-105-27(a)” at the end of the first sentence in subdivision (38).

Session Laws 2009-330, ss. 1 and 2, effective July 24, 2009, rewrote the second paragraph of subdivision (34), and added subdivisions (53) through (55).

Session Laws 2009-403, s. 2, effective January 1, 2010, added subdivision (57).

Session Laws 2009-410, s. 2, effective August 5, 2009, and applicable beginning with the 2010-2011 school year, added subdivision (56).

Session Laws 2009-451, s. 7.28, effective July 1, 2009, added subdivision (58).

Session Laws 2009-541, s. 29(a), effective January 1, 2010, and applicable beginning with the 2010-2011 school year, added subdivision (59).

Session Laws 2011-91, s. 1, effective May 26, 2011, and applicable beginning with the 2011-2012 school year, added subdivision (34a).

Session Laws 2011-145, s. 7.13(w), effective July 1, 2011, deleted the former last sentence of the first paragraph in subdivision (32a), which read: “Upon adoption of policies and guidelines under this subdivision, local boards are encouraged to incorporate them in their safe school plans developed under G.S. 115C-105.47.”

Session Laws 2011-185, s. 9(a), effective October 1, 2011, added subdivision (60).

Session Laws 2011-379, s. 3, effective June 27, 2011, and applicable beginning with the 2011-2012 school year, in subdivision (18), in the second paragraph, added “and consolidate remaining reporting requirements” in the first sentence, added the third paragraph, and in the last paragraph, inserted “local” and added “and to monitor teachers’ access to software protocols that minimize repetitious data entry.”

Session Laws 2012-142, s. 7A.3(b), effective July 2, 2012, substituted “is otherwise provided to the public” for “otherwise” and added the last two sentences to subdivision (58). For applicability, see editor’s note.

Session Laws 2012-194, s. 55(a), effective July 17, 2012, repealed subdivision (60), which related to the unique needs of students with immediate family members in the military and provisions to ensure that those needs are met.

Session Laws 2013-360, s. 8.37(a), effective July 1, 2013, substituted “education shall, in coordination with local law enforcement agencies” for “education may” in subdivision (40).

Session Laws 2013-360, s. 8.45(c), effective December 1, 2013, added subdivision (61).

Session Laws 2013-363, s. 3.3(b), effective July 1, 2013, in subdivision (10), in the first paragraph, deleted “and teaching load” following “class size”, and inserted “for kindergarten through third grade” in the first sentence, inserted “or she” in the third sentence, and deleted “and if any of the conditions set out in G.S. 115C-301(g)(1) exist” following “correct the exception” in the last sentence; in the third paragraph, substituted “and the size of each class” for “the size of each class, and the teaching load of each teacher” in the first sentence, and deleted “and daily teaching load” preceding “maximums that exist” in the last sentence.

Session Laws 2013-381, s. 12.1(h), effective September 1, 2013, in subdivision (59), deleted “and preregistration” following “registration” at the end of the subdivision heading and the first sentence, and deleted “or preregistration” following “voter registration” in the last sentence.

Session Laws 2015-241, s. 8.26(a), effective July 1, 2015, and applicable beginning with the 2015-2016 school year, rewrote subdivision (40).

Session Laws 2015-241, s. 8.45, effective July 1, 2015, repealed subdivision (18a)b.

Session Laws 2015-241, s. 8A.2, effective July 1, 2015, rewrote subdivision (1).

Session Laws 2015-248, s. 6(b), effective March 1, 2016, added subdivision (17a).

Session Laws 2015-264, s. 56.5, effective October 1, 2015, added subdivision (62).

Session Laws 2016-3, 2nd Ex. Sess., s. 1.1, effective March 23, 2016, added subdivision (63). See editor’s note for applicability.

Session Laws 2017-4, s. 1, repealed Session Laws 2016-3, which added subdivision (63).

Session Laws 2017-9, s. 2(a), effective April 27, 2017, in subdivision (10), added “as required in G.S. 115C-301(g)” to the end of the second paragraph; in the third paragraph, substituted “September and end of February of each” for “the second month of each”; substituted “Superintendent of Public Instruction” for “State Board of Education” twice, and substituted “for each school in the local school administrative unit, as required by G.S. 115C-301(f)” for “of each school, the duties of each teacher, and the size of each class,” and deleted the final sentence, which read: “As of February 1 each year, local boards of education, through the superintendent, shall report all exceptions to individual class size maximums that exist at that time.” For effective date and applicability, see editor’s note.

Session Laws 2017-10, s. 2.3, effective May 4, 2017, added the last sentence of subdivision (41).

Session Laws 2017-57, s. 7.23H(a), effective July 1, 2017, added “and Article 10 of this Chapter” at the end of subdivision (30); in subsection (34a), inserted “Establish Work-Based Opportunities and” in the subdivision heading, inserted the first sentence, substituted “Local boards of education shall also” for “Each local board of education shall” in the second sentence, and substituted “shall” for “may” in the last sentence. For applicability, see editor’s note.

Session Laws 2017-57, s. 7.26(b), effective July 1, 2017, substituted “earned an overall school performance grade of D or F” for “awarded a grade of D or F” in subsection (58). For applicability, see editor’s note.

Session Laws 2017-126, ss. 6-8, and 12, effective July 20, 2017, repealed subdivision (12); and added subdivisions (1a), (29c), and (49a).

Session Laws 2017-157, s. 1(a), effective July 21, 2017, substituted “October” for “September” at the beginning of the third paragraph in subdivision (10). For effective date and applicability, see editor’s note.

Session Laws 2019-212, s. 4(b), added subdivision (54a). For effective date and applicability, see editor’s note.

Session Laws 2019-245, s. 4.4(a), effective December 1, 2019, added subdivision (64). For applicability, see editor’s note.

Session Laws 2020-78, s. 2.1(a), effective July 1, 2020, rewrote the last sentence in subdivision (6). For applicability, see editor’s note.

Session Laws 2021-132, s. 6(b), added subdivision (65). For effective date and applicability, see editor’s note.

Session Laws 2021-180, ss. 7.6(c), 7.9(b), effective July 1, 2021, added subdivisions (66) and (67). For applicability of subdivision (67), see editor's note.

Session Laws 2021-184, s. 2(b), effective July 1, 2022, in subdivision (4), substituted “rules adopted” for “rules and regulations prescribed” and added “in accordance with G.S. 115C 12(23) and Article 29E of this Chapter” at the end of the subdivision.

Legal Periodicals.

For note suggesting that moment of silence statutes may threaten the wall of separation between church and state, in light of Wallace v. Jaffree, 472 U.S. 38, 105 S. Ct. 2479, 86 L. Ed. 2d 29 (1985), see 8 Campbell L. Rev. 125 (1985).

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 article, “Leandro v. State and the Constitutional Limitation on School Suspensions and Expulsions in North Carolina,” see 83 N.C. L. Rev. 1507 (2005).

For article, “Long-Term Suspensions and the Right to an Education: An Alternative Approach,” see 90 N.C. L. Rev. 293 (2011).

For note, “The Class is Greener on the Other Side: How Private Donations to Public Schools Play Into Fair Funding,” see 67 Duke L.J. 427 (2017).

§ 115C-48. Penalties for certain conduct.

1. Members of local boards of education are criminally liable for certain conduct as provided in G.S. 14-234.
2. Members of local boards of education are civilly liable for certain conduct as provided in G.S. 115C-441.

History. 1981, c. 423, s. 1; 1995, c. 509, s. 60; 2001-409, s. 4.

§ 115C-49. [Repealed]

Repealed by Session Laws 1995, c. 501, s. 1.

§ 115C-50. Training of board members.

1. All members of local boards of education, whether elected or appointed, shall receive a minimum of 12 clock hours of training every two years. The 12 clock hours of training may be earned at any time during the two-year period and may include the ethics education required by G.S. 160A-87.
2. The training shall include but not be limited to public school law, public school finance, and duties and responsibilities of local boards of education.
3. The training may be provided by the North Carolina School Boards Association, the School of Government at the University of North Carolina at Chapel Hill, or other qualified sources at the choice of the local board of education.

History. 1991, c. 689, s. 200(d); 2006-264, s. 29(h); 2009-403, s. 3; 2015-241, s. 8.44.

Editor’s Note.

Session Laws 2009-403, s. 8, provides: “Except as otherwise provided in this act, this act becomes effective January 1, 2010. All members of governing boards covered by this act shall receive their initial training to comply with G.S. 160A-87 within 12 months after that date.”

Effect of Amendments.

Session Laws 2006-264, s. 29, effective August 27, 2006, substituted “School of Government at the University of North Carolina at Chapel Hill” for “Institute of Government” in the last sentence.

Session Laws 2009-403, s. 3, effective January 1, 2010, inserted subsection designations; in subsection (a), inserted “whether elected or appointed” and added the second sentence.

§ 115C-51. Public comment period during regular meetings.

The local board of education shall provide at least one period for public comment per month at a regular meeting of the board. The board may adopt reasonable rules governing the conduct of the public comment period, including, but not limited to, rules (i) fixing the maximum time allotted to each speaker, (ii) providing for the designation of spokesmen for groups of persons supporting or opposing the same positions, (iii) providing for the selection of delegates from groups of persons supporting or opposing the same positions when the number of persons wishing to attend the hearing exceeds the capacity of the hall, and (iv) providing for the maintenance of order and decorum in the conduct of the hearing. The board is not required to provide a public comment period under this section if no regular meeting is held during the month.

History. 2005-170, s. 1.

§§ 115C-52, 115C-53.

Reserved for future codification purposes.

§ 115C-54. [Repealed]

Repealed by Session Laws 1985 (Regular Session, 1986), c. 975, s. 1.

§ 115C-55. Advisory councils.

A board of education may appoint an advisory council for any school or schools within the local school administrative unit. The purpose and function of an advisory council shall be to serve in an advisory capacity to the board on matters affecting the school or schools for which it is appointed. Except as otherwise provided under Part 4 of Article 10 of this Chapter for business advisory councils, the organization, terms, composition and regulations for the operation of such advisory council shall be determined by the board.

History. 1955, c. 1372, art. 7, s. 2; 1957, c. 686, s. 2; 1965, c. 584, s. 8; 1981, c. 423, s. 1; 1985 (Reg. Sess., 1986), c. 975, s. 1; 2017-57, s. 7.23H(b).

Effect of Amendments.

Session Laws 2017-57, s. 7.23H(b), effective July 1, 2017, inserted “Except as otherwise provided under Part 4 of Article 10 of this Chapter for business advisory councils” in the second sentence. For applicability, see editor’s note.

OPINIONS OF ATTORNEY GENERAL

See opinion of Attorney General to Mr. Ferd L. Davis, Attorney, Wake County Board of Education, 40 N.C. Op. Att'y Gen. 200 (1969).

§§ 115C-56 through 115C-59. [Repealed]

Repealed by Session Laws 1985 (Regular Session, 1986), c. 975, s. 1.

§§ 115C-60 through 115C-64.

Reserved for future codification purposes.

§§ 115C-64.1 through 115C-64.5. [Repealed]

Repealed by Session Laws 1995 (Regular Session, 1996), c. 716, s. 4.

§§ 115C-64.6 through 115C-64.9. [Repealed]

Repealed by Session Laws 2014-120, s. 1, effective September 18, 2014.

History. S. 115C-64.6; 2007-323, s. 7.32(c), (e); 2008-107, ss. 7.14(a), 7.14A; 2010-31, s. 7.19(e), (g); repealed by 2014-120, s. 1, effective September 18, 2014. s. 115C-64.7; 2009-451, s. 7.13(b); 2010-31, s. 7.19(c); 2011-266, s. 3.1; 2012-142, s. 7.13(e); repealed by 2014-120, s. 1, effective September 18, 2014. s. 115C-64.8; 2009-451, s. 7.13(e); repealed by 2014-120, s. 1, effective September 18, 2014. s. 115C-64.9; 2009-451, s. 7.13(c); 2010-31, s. 7.19(d); 2011-266, s. 3.2; repealed by 2014-120, s. 1, effective September 18, 2014.

Editor’s Note.

Session Laws 2007-323, s. 7.32(c), as amended by Session Laws 2008-107, s. 7.14A, and Session Laws 2010-31, s. 7.19(g), was codified as this section at the direction of the Revisor of Statutes.

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.

Former G.S. 115C-64.6 pertained to the Committee on Dropout Prevention. Former G.S. 115C-64.7 pertained to criteria for dropout prevention grants. Former G.S. 115C-64.8 pertained to additional requirements for nonprofit organizations receiving dropout prevention grants. Former G.S. 115C-64.9 pertained to evaluation.

§ 115C-64.15. North Carolina Education and Workforce Innovation Commission.

1. There is created the North Carolina Education and Workforce Innovation Commission (Commission). The Commission shall be located administratively in the Department of Public Instruction but shall exercise all its prescribed powers independently of the Department of Public Instruction. Of the funds appropriated for the Education and Workforce Innovation Program established under G.S. 115C-64.16, up to ten percent (10%) of those funds each fiscal year may be used by the Department of Public Instruction to provide technical assistance and administrative assistance, including staff, to the Commission and for reimbursements and expenses for the Commission for the Education and Workforce Innovation Program and the Career and Technical Education Grade Expansion Program.
2. The Commission shall consist of the following 14 members:
   1. The Secretary of Commerce or his or her designee.
   2. The State Superintendent of Public Instruction or his or her designee.
   3. The Chair of the State Board of Education or his or her designee.
   4. The President of The University of North Carolina or his or her designee.
   5. The President of the North Carolina Community College System or his or her designee.
   6. Three members appointed by the Governor who have experience in education.
   7. Three members appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives, as provided in G.S. 120-121, who have experience in businesses operating in North Carolina.
   8. Three members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, as provided in G.S. 120-121, who have experience in businesses operating in North Carolina.
3. Members appointed by the Governor or the General Assembly shall serve for three-year terms commencing July 1 of the year of appointment and may serve successive terms.
4. The Commission members shall elect a chair from the membership of the Commission. The Commission shall meet at least three times annually on the call of the Chair or as additionally provided by the Commission. A quorum is six members of the Commission. Members may not send designees to Commission meetings nor may they vote by proxy.
5. The Commission shall develop and administer the Education and Workforce Innovation Program, as established under G.S. 115C-64.16, in collaboration with the North Carolina Career and Technical Education Foundation, Inc., and make awards of grants under the Program.
6. The Commission shall develop and administer, in coordination with the State Board of Education and the Superintendent of Public Instruction, and in collaboration with the North Carolina Career and Technical Education Foundation, Inc., the Career and Technical Education Grade Expansion Program, as established under G.S. 115C-64.17, and shall make awards of grants under the Program.
7. The North Carolina Career and Technical Education Foundation, Inc., shall serve as a grant administrator by providing assistance and support to grantees for initiating, expanding, improving, and promoting career and technical education initiatives.
8. The Commission, in consultation with the North Carolina Career and Technical Education Foundation, Inc., shall publish a report on the Education and Workforce Innovation Program and the Career and Technical Education Grade Expansion Program on or before April 30 of each year. The report shall be submitted to the Joint Legislative Education Oversight Committee, the State Board of Education, the State Board of Community Colleges, and the Board of Governors of The University of North Carolina. The report shall include at least all of the following information:
   1. An accounting of how funds and personnel resources were utilized for each program and their impact on student achievement, retention, and employability.
   2. Recommended statutory and policy changes.
   3. Recommendations for improvement of each program.
   4. For the Career and Technical Education Grade Expansion Program, recommendations on increasing availability of grants after the first two years of the program to include additional local school administrative units or providing additional grants to prior recipients.

History. 2013-360, s. 8.34(a); 2013-363, s. 3.10(a); 2014-100, s. 23.1(e); 2017-57, ss. 7.23F(a), 7.23G(b); 2019-165, s. 5; 2020-78, s. 2.2(a).

Editor’s Note.

Session Laws 2013-360, s. 8.34(a), enacted this section as G.S. 115C-64.10. It has been renumbered as this section at the direction of the Revisor of Statutes.

Session Laws 2013-360, s. 8.34(b), (c), provides: “(b) The North Carolina Education and Workforce Innovation Commission (Commission), as established by G.S. 115C-64.15, as enacted by this section, shall conduct a study to determine the most efficient way to fund dual enrollment for high school students in college coursework. The Commission shall report the results of this study to the Joint Legislative Education Oversight Committee by October 1, 2014.

“(c) The appointments to the Commission as set forth in G.S. 115C-64.15, as enacted by this section, shall be made by the appointing entities no later than September 1, 2013. The Commission shall hold its first meeting no later than October 1, 2013.”

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 2013-363, s. 3.10(c), provides: “If Senate Bill 402, 2013 Regular Session, becomes law, then notwithstanding any provision of that act, the Department of Public Instruction shall not use any of the funds appropriated to it in that act, as amended by this act, for the 2013-2015 fiscal biennium to support the program for competitive grants established in Section 8.34 of that act.”

Session Laws 2013-363, s. 3.10, was contingent upon Senate Bill 402, 2013 Regular Session, becoming law. Senate Bill 402 was enacted as Session Laws 2013-360.

Session Laws 2017-57, s. 7.23F(c), (d), as amended by Session Laws 2018-5, s. 7.8(a), provides: “(c) For the 2017-2019 fiscal biennium, the following funds shall be allocated to the North Carolina Education and Workforce Innovation Commission (Commission) established in G.S. 115C-64.15, as amended by Section 7.23G of this act, for the award of grants to grant recipients for the Career and Technical Education Grade Expansion Program in accordance with G.S. 115C-64.17, as enacted by this section:

“(1) Of the funds appropriated by this act to the Department of Public Instruction for the 2017-2019 fiscal biennium, the Department shall allocate the sum of seven hundred thousand dollars ($700,000) each fiscal year to the Commission.

“(2) Of the funds appropriated by this act to the Department of Public Instruction for the 2017-2018 fiscal year, the Department of Public Instruction shall allocate the sum of three million five hundred thousand dollars ($3,500,000) for the 2017-2018 fiscal year to the Commission.

“(d) The nonrecurring funds allocated to the Commission under subdivision (2) of subsection (c) of this section shall not revert at the end of the 2017-2018 fiscal year but shall remain available until expended.”

Session Laws 2017-57, s. 7.23G(a), provides: “The North Carolina Education and Workforce Innovation Commission (Commission) is hereby transferred to the Department of Public Instruction. This transfer shall have all of the elements of a Type II transfer, as described in G.S. 143A-6, except that the management functions of the Commission, except for the provision of technical assistance and administrative assistance, including staff, shall not be performed under the direction and supervision of the Department of Public Instruction.”

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 2020-78, s. 2.2(c), made the amendment of this section by Session Laws 2020-78, s. 2.2(a), applicable to the administration of grant programs on or after July 1, 2020.

Session Laws 2020-78, s. 22.1, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium.”

Session Laws 2020-78, s. 22.3, is a severability clause.

Effect of Amendments.

Session Laws 2013-363, s. 3.10(a), effective July 1, 2013, substituted “Office of the Governor” for “Department of Public Instruction” throughout subsection (a).

Session Laws 2014-100, s. 23.1(e), effective July 1, 2014, in subsection (b), substituted “14 members” for “11 members” in the introductory language, and substituted “Three members” for “Two members” in subdivisions (b)(6) through (b)(8); and added subsection (b1).

Session Laws 2017-57, s. 7.23F(a), effective July 1, 2017, deleted the second sentence in subsection (d) that formerly read “The Commission shall work closely with the North Carolina New Schools in administering the program”; added subsection (d1); and in subsection (e) inserted “and the Career and Technical Education Grade Expansion Program” in the introductory paragraph and added subdivision (e)(4); and made stylistic changes.

Session Laws 2017-57, s. 7.23G(b), effective July 1, 2017, in subsection (a), substituted “Department of Public Instruction” for “Office of the Governor” throughout, substituted “ten percent (10%) of those funds” for “two hundred thousand dollars ($200,000)” in the third sentence, and added “for the Education and Workforce Innovation Program and the Career and Technical Education Grade Expansion Program” at the end.

Session Laws 2019-165, s. 5, effective July 26, 2019, rewrote subsection (b).

Session Laws 2020-78, s. 2.2(a), effective July 1, 2020, inserted “in collaboration with the North Carolina Career and Technical Education Foundation, Inc.” in subsections (d) and (d1); added subsection (d2); and inserted “in consultation with the North Carolina Career and Technical Education Foundation, Inc.” in the first sentence of subsection (e). For applicability, see editor’s note.

Legal Periodicals.

For article, “Herding Cats: Governing Distributed Innovation,” see 96 N.C.L. Rev. 945 (2018).

§ 115C-64.16. The Education and Workforce Innovation Program.

1. Program Establishment. —  There is established the Education and Workforce Innovation Program (Program) to foster innovation in education that will lead to more students graduating career and college ready. Funds appropriated to the Program shall be used to award competitive grants to an individual school, a local school administrative unit, or a regional partnership of more than one local school administrative unit to advance comprehensive, high-quality education that equips teachers with the knowledge and skill required to succeed with all students. Before receiving a grant, applicants must meet all of the following conditions:
   1. Form a partnership, for the purposes of the grant, with either a public or private university or a community college.
   2. Form a partnership, for the purposes of the grant, with regional businesses and business leaders.
   3. Demonstrate the ability to sustain innovation once grant funding ends.
2. Applicant Categories and Specific Requirements. —
   1. Individual schools. —  Individual public schools must demonstrate all of the following in their applications:
      1. Partnerships with business and industry to determine the skills and competencies needed for students’ transition into growth sectors of the regional economy.
      2. Aligned pathways to employment, including students’ acquisition of college credit or industry recognized credentials.
      3. Development of systems, infrastructure, capacity, and culture to enable teachers and school leaders to continuously focus on improving individual student achievement.
   2. Local school administrative units. —  Local school administrative units must demonstrate all of the following in their applications:
      1. Implementation of comprehensive reform and innovation.
      2. Appointment of a senior leader to manage and sustain the change process with a specific focus on providing parents with a portfolio of meaningful options among schools.
   3. Regional partnerships of two or more local school administrative units. —  Partnerships of two or more local school administrative units must demonstrate all of the following in their applications:
      1. Implementation of resources of partnered local school administrative units in creating a tailored workforce development system for the regional economy and fostering innovation in each of the partnered local school administrative units.
      2. Promotion of the development of knowledge and skills in career clusters of critical importance to the region.
      3. Benefits of the shared strengths of local businesses and higher education.
      4. Usage of technology to deliver instruction over large geographic regions and build networks with industry.
      5. Implementation of comprehensive reform and innovation that can be replicated in other local school administrative units.
3. Consideration of Factors in Awarding of Grants. —  All applications must include information on at least the following in order to be considered for a grant:
   1. Describe the aligned pathways from school to high-growth careers in regional economies.
   2. Leverage technology to effici