§ 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.

(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."

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

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

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

Session Laws 2015-241, s. 8.27(a) repealed Session Laws 2013-360, s. 8.25, as amended by Session Laws 2014-100, s. 8.27, containing the former prior provisions.

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

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

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

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

"a. Anticipated county property tax revenue availability.

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

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

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

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

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

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

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

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

"c. Add to the resulting amount the following:

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

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

"3. Personal property value for the county.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Allotted ADM Small County Allotment

0-600 $1,710,000

601-1,300 $1,820,000

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

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

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

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

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

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

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

Allotted ADM Small County Allotment

0-600 $1,710,000

601-1,300 $1,820,000

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"(2) Provide professional development.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"(d) The Task Force shall meet upon the call of its cochairs. A quorum of the Task Force is a majority of its members. No action may be taken except by a majority vote at a meeting at which a quorum is present. The Task Force, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120-19 and G.S. 120-19 .1 through G.S. 120-19.4 . The Task Force may contract for professional, clerical, or consultant services, as provided by G.S. 120-32.02 . If the Task Force hires a consultant, the consultant shall not be a State employee or a person currently under contract with the State to provide services. Members of the Task Force shall receive per diem, subsistence, and travel allowance as provided in G.S. 120-3.1 . The expenses of the Task Force shall be considered expenses incurred for the joint operation of the General Assembly.

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

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

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

Session Laws 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.

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.

(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.

(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.

(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."

   (3a) The governing body of a public school unit is the following:

   1. For a local school administrative unit, the local board of education.
   2. For a charter school, the nonprofit corporation board of directors.
   3. For a regional school, the regional school board of directors.
   4. For a school operated under Article 7A and Article 9C of this Chapter, the State Board of Education.
   5. For a school operated under Article 29A of Chapter 116 of the General Statutes, the chancellor of the constituent institution.
4. The term "school district" means any district defined by G.S. 115C-69 .
5. "Local board" or "board" means a city board of education, county board of education, or a city-county board of education.
6. "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.
7. The executive head of a school shall be called "principal."

   (7a) Public school unit. - Any of the following:

   1. A local school administrative unit.
   2. A charter school.
   3. A regional school.
   4. A school providing elementary or secondary instruction operated by one of the following:
      1. The State Board of Education, including schools operated under Article 7A and Article 9C of this Chapter.
      2. The University of North Carolina under Article 29A of Chapter 116 of the General Statutes.
8. 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.
9. "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.
10. 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.

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

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

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

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

§§ 115C-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.

(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.

   (a1) 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 .

   (a2) 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 .

   (a3) 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.

   (a4) 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.

   (a5) 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.

2. 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.

   (b1) 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.

3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.

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

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

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

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

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

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

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

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

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

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

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

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

1. Financial Powers. - The financial powers of the Board are set forth in Article 30 of this Chapter.

   (1a) 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.

2. Repealed by Session Laws 1985 (Regular Session, 1986), c. 975, s. 24.
3. , (4) Repealed by Session Laws 1987 (Regular Session, 1988), c. 1025, s. 1.

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

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

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

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

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

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

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

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

   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.

   (9a), (9b) Repealed by Session Laws 2005-458, s. 1, effective October 2, 2005.

   (9c) 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.

   (9d) 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).

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

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

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

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

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

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

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

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

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

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

   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.

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

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

   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.

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

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

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

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

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

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

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

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

   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.
   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.

   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.

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

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

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

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

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

   (25a) [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.

      (25b) Repealed by Session Laws 2012-142, s. 7.13(d), effective July 1, 2012.

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

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

   (27a) 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.

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

   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.

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

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

   (30a) 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.

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

   The guidelines adopted by the State Board shall include:

   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.

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

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

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

   (33a) 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.

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

   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.

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

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

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

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

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

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

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

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

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

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

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

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

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

   (47) 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.

(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).)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"(3) Local funds.

"(4) Federal funds.

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

"(6) ADM Contingency Reserve."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Session Laws 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-21.1 A, 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-21.1 A(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-21.1 A. This section does not require any rule making if not otherwise required by law."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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.

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.

(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.

(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.

(1985, c. 757, s. 145(j); 1993, c. 539, s. 880; 1994, Ex. Sess., c. 24, s. 14(c).)

Opinions of Attorney General

The licensure status of teachers is public information that the State Board of Education and DPI create pursuant to the State Board of Education's constitutional and statutory authority to license or certify public school employees and is, therefore, not subject to the protections of this section. See opinion of Attorney General to Lowell Harris, Director Exceptional Children Division N. C. Department of Public Instruction, 1998 N.C.A.G. 47 (11/20/98).

§§ 115C-13.1 through 115C-13.4: Reserved for future codification purposes.

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.

(2017-57, s. 7.18(a).)

Editor's Note. - Session Laws 2017-57, s. 7.18(b), provides: "The State Board of Education may only appoint the following personnel positions to support the meetings and direct operations of the office of the State Board of Education:

"Position number Title

1. 65023576 Attorney I.
2. 60009384 Attorney II.
3. 65003194 Paralegal II.
4. 60095070 Administrative Assistant I.
5. 60009395 Legislative Specialist.
6. 60009391 Director of State Board Operations.
7. 65023814 Planning and Development Consultant.
8. 60009394 Legislative and Community Affairs Director.

"The State Board of Education may utilize other staff employed through the Department of Public Instruction to provide administrative and technical assistance to the State Board and to carry out the directives of the State Board."

Session Laws 2017-57, s. 7.18(c), provides: "Subsection (a) of this section [which enacted G.S. 115C-13.5 ] shall not apply to State funds that are encumbered for the 2016-2017 fiscal year for the purposes of employing private counsel to represent the State Board of Education."

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

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

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

§ 115C-14: Repealed by Session Laws 1987, c. 414, s. 11.

§ 115C-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.

(1995, c. 334, s. 1.)

Editor's Note. - Session Laws 1995, c. 334, s. 1 was codified as this section at the direction of the Revisor of Statutes.

§ 115C-17: Repealed by Session Laws 2015-65, s. 1.1, effective June 11, 2015.

(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 .

(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.

(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.

(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.

      (1a) Repealed by Session Laws 1995, c. 72, s. 2.

      (1b) To administer funds appropriated for the operations of the State Board of Education and for aid to local school administrative units.

   2. To keep the Board informed regarding developments in the field of public education.
   3. To make recommendations to the Board with regard to the problems and needs of education in North Carolina.
   4. To make available to the public schools a continuous program of comprehensive supervisory services.
   5. 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.
   6. To communicate to the public school administrators all information and instructions regarding needed rules and regulations adopted by the Board.
   7. 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.
   8. 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.
   9. 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.

(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).

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

Consolidation of Early Childhood Education and Care. - 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 .

Improve Education Financial and Information Transparency. - 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."

Office of Charter Schools/Web-Based Record and Data Management. - 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."

Preparing Future Workforce in Coding and Mobile Development Program. - 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."

Extended Learning and Integrated Student Supports Competitive Grant Fund. - 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."

Schools that Lead Pilot Program. - 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."

School Safety Grants Program. - 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."

School Safety Grants Program. - 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).

School Mental Health Crisis Response Program. - 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."

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.

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

§§ 115C-23 through 115C-26: Reserved for future codification purposes.

§§ 115C-27 through 115C-34: 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.

(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.

(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.

(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.

   (d) (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.

(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.

(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 .

(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.

(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.

(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.

(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.

(1979, c. 1074, s. 1; 1981, c. 423, s. 1.)

Opinions of Attorney General

Agreements Establishing Self-Insurance Programs. - Local boards of education have authority under Article 20 of Chapter 160A, G.S. 160A-460 et seq., to make agreements establishing a self-insurance program, provided (1) the contracts establishing such program contain the provisions required by G.S. 160A-464 , and (2) the contracts incorporate certain limitations set forth in 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.A.G. 77 (1986).

Local boards of education may enter into interlocal agreements to form the North Carolina School Boards Trust. See opinion of Attorney General to Edwin Dunlap, Jr., Executive Director, North Carolina School Boards Association, 2002 N.C. AG LEXIS 12 (2/20/02).

§ 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.

(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.

(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.

(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.

(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.

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.

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

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."

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.

§ 115C-47. Powers and duties generally.

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.
   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.
   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.
2. 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 .
3. 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.
4. 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.
5. 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 .
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.

11. To Determine the School Calendar. - Local boards of education shall determine the school calendar under G.S. 115C-84.2 .
12. Repealed by Session Laws 2017-126, s. 12, effective July 20, 2017.
13. 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 .
14. 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 .
15. 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) .
16. 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) .
17. 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).

    (17a) 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.

18. 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.

    (18a) 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.
19. 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 .
20. 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 .
21. 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.

22. 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.
23. To Purchase Equipment and Supplies. - Local boards shall contract for equipment and supplies under G.S. 115C-522(a) and G.S. 115C-528 .
24. 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.
25. 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.

    (25a) 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.

26. 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.
27. Repealed by Session Laws 1987, c. 571, s. 2.
28. 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 .

    (28a) 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.

29. 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.

    (29a) 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.

    (29b) Repealed by Session Laws 2014-13, s. 2, effective June 19, 2014. See now G.S. 115C-407.30 et seq.

    (29c) 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."
30. 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.
31. 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.
32. 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.

    (32a) 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.

33. 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) .

    (33a) 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) .

34. 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.

    (34a) 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.

35. 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.
36. 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).
37. 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 .
38. 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.
39. 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.
40. 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-105.49 A. 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 .
41. 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 .
42. Recodified as G.S. 115C-375.3 by Session Laws 2005-22, s. 3(a), effective April 28, 2005.
43. 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.
44. Recodified as G.S. 115C-375.4 by Session Laws 2005-22, s. 4(a), effective April 28, 2005.
45. 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.
46. 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.
47. 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.
48. 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.
49. 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.

    (49a) 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.
50. To Address Exposure to Diesel Exhaust Fumes. - Local boards of education shall adopt policies and procedures to reduce students' exposure to diesel emissions.
51. 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.
52. 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 .
53. 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.
54. 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.

    (54a) 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.

55. 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.
56. 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) .
57. 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 .
58. 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.
59. 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.
60. Repealed by Session Laws 2012-194, s. 55(a), effective July 17, 2012.
61. 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.
62. 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.
63. Repealed by 2017-4, s. 1, effective March 30, 2017.
64. 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 .
65. 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).

(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).)

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 .

Executive Order No. 93. - 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.

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.

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 .

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

§ 115C-49: Repealed by Session Laws 1995, c. 501, s. 1.

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.

(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.

(2005-170, s. 1.)

§§ 115C-52, 115C-53: Reserved for future codification purposes.

§ 115C-54: Repealed by Session Laws 1985 (Regular Session, 1986), c. 975, s. 1.

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.

(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

Board of Education May Remove Member of Advisory Council at Will. - See opinion of Attorney General to Mr. Ferd L. Davis, Attorney, Wake County Board of Education, 40 N.C.A.G. 200 (1969).

§§ 115C-56 through 115C-59: Repealed by Session Laws 1985 (Regular Session, 1986), c. 975, s. 1.

§§ 115C-64.1 through 115C-64.5: Repealed by Session Laws 1995 (Regular Session, 1996), c. 716, s. 4.

§§ 115C-64.6 through 115C-64.9: Repealed by Session Laws 2014-120, s. 1, effective September 18, 2014.

(§ 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. § 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. § 115C-64.8: 2009-451, s. 7.13(e); repealed by 2014-120, s. 1, effective September 18, 2014. § 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.

      (b1) 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.

3. 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.
4. 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.

   (d1) 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.

   (d2) 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.

5. 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.

(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 efficiently and effectively drive teacher and principal development, connect students and teachers to online courses and resources, and foster virtual learning communities among faculty, higher education partners, and business partners.
   3. Establish a comprehensive approach to enhancing the knowledge and skills of teachers and administrators to successfully implement the proposed innovative program and to graduate all students ready for work and college.
   4. Link to a proven provider of professional development services for teachers and administrators capable of providing evidence-based training and tools aligned with the goals of the proposed innovative program.
   5. Form explicit partnerships with businesses and industry, which may include business advisory councils, internship programs, and other customized projects aligned with relevant workforce skills.
   6. Partner with community colleges or public or private universities to enable communities to challenge every student to graduate with workplace credentials or college credit.
   7. Align K-12 and postsecondary instruction and performance expectations to reduce the need for college remediation courses.
   8. Secure input from parents to foster broad ownership for school choice options and to foster greater understanding of the need for continued education beyond high school.
   9. Provide a description of the funds that will be used and a proposed budget for five years.
   10. Describe the source of matching funds required in subsection (d) of this section.
   11. Establish a strategy to achieve meaningful analysis of program outcomes due to the receipt of grant funds under this section.
4. Matching Private and Local Funds. - All grant applicants must match fifty percent (50%) of all State dollars. Matching funds shall not include other State funds. Matching funds may include in-kind contributions.
5. Grants. - Any grants awarded by the Commission may be spent over a five-year period from the initial award. Grants may be awarded for new or existing projects.
6. Reporting Requirements. - No later than September 1 of each year, a grant recipient shall submit to the Commission an annual report for the preceding grant year that describes the academic progress made by the students and the implementation of program initiatives.

(2013-360, s. 8.34(a); 2014-100, s. 23.1(b), (d); 2014-115, s. 48.)

Editor's Note. - Session Laws 2013-360, s. 8.34(a), enacted this section as G.S. 115C-64.11. It has been renumbered as this section at the direction of the Revisor of Statutes.

Session Laws 2014-100, s. 23.1(a), provides: "Of the funds appropriated for the Education and Workforce Innovation Program, established under G.S. 115C-64.16 , up to five percent (5%) each fiscal year may be used by the Office of the Governor to provide technical assistance and administrative assistance, including staff, to the Commission and reimbursement expenses for the Commission, and five percent (5%) each fiscal year shall be allocated to North Carolina New Schools Project. North Carolina New Schools Project shall use the funds to establish a peer learning network for all grantees to ensure high-quality implementation of grant programs that lead to strong results for students. The peer learning network shall (i) share effective practices and lessons learned among grantees; (ii) bring together grantee teachers and leaders for intensive development that sustains focus on instruction, academic rigor, and skills development; and (iii) benchmark grantee data against State and national standards. North Carolina New Schools Project shall also advise grantees in fund-raising."

Session Laws 2017-57, s. 7.23G(c), repealed Session Laws 2014-100, s. 23.1(a), effective July 1, 2017.

Session Laws 2014-100, s. 23.1(c), provides: "Funds appropriated for the Education and Workforce Innovation Program authorized by G.S. 115C-64.16 shall not revert at the end of each fiscal year but shall remain available until expended."

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

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

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

Effect of Amendments. - Session Laws 2014-100, s. 23.1(b) and (d), effective July 1, 2014, rewrote subsection (d); and substituted "September 1" for "March 1" in subsection (f).

Session Laws 2014-115, s. 48, effective August 11, 2014, added the second sentence of subsection (e).

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-64.17. The Career and Technical Education Grade Expansion Program.

1. Program Establishment. - There is established the Career and Technical Education Grade Expansion Program (Program) to expand career and technical education (CTE) programs by prioritizing the inclusion of students in sixth and seventh grade through grant awards provided to selected local school administrative units for up to seven years. Funds appropriated for the Program shall be allocated to selected local school administrative units as competitive grants of (i) up to seven hundred thousand dollars ($700,000) for the 2017-2018 fiscal year and (ii) to the extent funds are available, up to one million dollars ($1,000,000) for the 2018-2019 fiscal year and subsequent fiscal years. Grant funds shall be used only for employing additional licensed personnel in career and technical education areas, career development coordination areas, and support service areas necessary for expanding the CTE program to sixth and seventh grade students. The funds may be used for CTE programs at one or more schools in the local school administrative unit. Grant funds allocated to the local school administrative unit each fiscal year under the Program shall not revert but shall be available for the purpose of the grant program until expended.
2. Consideration of Factors in Awarding of Grants. - Local school administrative units applying for the Program shall submit an application that includes at least the following information:
   1. A plan for expansion of the CTE program to sixth and seventh grade students, including the specific programs that will be expanded, the significance of CTE in the local school administrative unit, and how a grade expansion would enhance the education program and the community.
   2. A request for the amount of funds, a description of how the funds will be used, and any other sources of funds available to accomplish the purposes of this program.
   3. A proposed budget for seven years that provides detail on the use of the amount of funds to add personnel, increase career development efforts, and provide support services.
   4. A strategy to achieve meaningful analysis of program outcomes due to the receipt of grant funds under this section.
3. Selection of Recipients. - For the 2017-2018 fiscal year, the Commission shall accept applications for a grant until November 30, 2017. For subsequent fiscal years that funds are made available for the Program, the Commission shall accept applications for a grant until August 1 of each year. The Commission shall consult with the North Carolina Career and Technical Education Foundation, Inc., to select recipients in a manner that considers diversity among the pool of applicants, including geographic location, location of industries in the area in which a local school administrative unit is located, and the size of the student population served by the unit, in order to award funds to the extent possible to grant recipients that represent different regions and characteristics of the State. The Commission shall recommend recipients of the grants to the State Board of Education. The State Board, upon consultation with the Superintendent of Public Instruction, shall approve the recipients of grant awards.
4. Allocation of Funds. - Of the funds available for the Program in each fiscal year, the Commission shall first allocate funds to applicants who received grant funds for the prior fiscal year for up to seven years. After funds are allocated to prior fiscal year grant recipients, any remaining funds may be used by the Commission to select new grant recipients. The Commission, in consultation with the Superintendent of Public Instruction, shall establish rules regarding any requirements for grant recipients to continue eligibility to receive funds each fiscal year, including timely and accurate reporting as required under subsection (e) of this section.
5. Reporting Requirements. - No later than August 1 of each year, for up to seven years after the initial grant award, a grant recipient shall submit to the Department of Public Instruction, Local Planning Systems Regional Services staff within the Division of Career and Technical Education, an annual report for the preceding year in which grant funds were expended that provides at least the following information on the program for sixth and seventh grade students:
   1. The use of grant funds, including the CTE programs and courses that have been expanded in the local school administrative unit to include sixth and seventh grade students.
   2. The number of students enrolled in CTE courses as part of the expansion.
   3. The number of students who subsequently enrolled in CTE courses in high school.
   4. The number of students who subsequently participated in internships, cooperative education, or apprenticeship programs.
   5. The number of students who subsequently earned (i) college credit and (ii) approved industry certification and credentials.
   6. Any other information the Division of Career and Technical Education deems necessary.

      The Superintendent of Public Instruction shall provide a report to the Commission by October 15 of each year based on the information reported to the Local Planning Systems Regional Services staff under this subsection, including how the grant recipients compare to CTE programs statewide and whether the programs are aligned with the Master Plan for Career and Technical Education adopted by the State Board.

(2017-57, s. 7.23F(b); 2017-212, s. 2.2; 2020-78, s. 2.2(b).)

Editor's Note. - Session Laws 2020-78, s. 2.2(c), made the amendment of subsection (c) of this section by Session Laws 2020-78, s. 2.2(b), 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 2017-212, s. 2.2, effective October 8, 2017, substituted "November 30" for "November 1" in the first sentence of subsection (c).

Session Laws 2020-78, s. 2.2(b), effective July 1, 2020, inserted "consult with the North Carolina Career and Technical Education Foundation, Inc., to" in the third sentence of subsection (c). For applicability, see editor's note.

§§ 115C-64.18 through 115C-64.24: Reserved for future codification purposes.

§ 115C-64.25. Establishment and membership of B-3 Interagency Council.

1. There is established the B-3 Interagency Council. The Council is a joint council between the Department of Health and Human Services and the Department of Public Instruction and shall consist of 12 voting members and four nonvoting advisory members as follows:
   1. The Superintendent of Public Instruction or the Superintendent's designee shall serve ex officio, with the same rights and privileges, including voting rights, as other members.
   2. The Associate Superintendent of Early Education at the Department of Public Instruction shall serve ex officio, with the same rights and privileges, including voting rights, as other members.
   3. The Secretary of Health and Human Services or the Secretary's designee shall serve ex officio, with the same rights and privileges, including voting rights, as other members.
   4. The Deputy Secretary of Human Services at the Department of Health and Human Services shall serve ex officio, with the same rights and privileges, including voting rights, as other members.
   5. Four public members appointed by the Speaker of House of Representatives who represent organizations that focus on early childhood education and development, one of whom shall be a representative of Smart Start.
   6. Four public members appointed by the President Pro Tempore of the Senate who represent organizations that focus on early childhood education and development, one of whom shall be a representative of the North Carolina Partnership for Children.
   7. Two members of the House of Representatives appointed by the Speaker of the House of Representatives to serve as nonvoting advisory members.
   8. Two members of the Senate appointed by the President Pro Tempore of the Senate to serve as nonvoting advisory members.

      The Deputy Secretary of Human Services and the Associate Superintendent of Early Education shall serve as cochairs of the Council. Members of the Council shall receive per diem, subsistence, and travel allowance, as provided in G.S. 120-3.1 , 138-5, or 138-6, as appropriate.

2. Terms for all public members and advisory members except for the initial appointments shall be for four years. Two of the public members appointed by the Speaker of the House of Representatives pursuant to subdivision (5) of subsection (a) of this section and one of the advisory members appointed by the Speaker of the House of Representatives pursuant to subdivision (7) of subsection (a) of this section shall be appointed for an initial term of two years. Two of the public members appointed by the President Pro Tempore of the Senate pursuant to subdivision (6) of subsection (a) of this section and one of the advisory members appointed by the President Pro Tempore of the Senate pursuant to subdivision (8) of subsection (a) of this section shall be appointed for an initial term of two years. Terms for members shall begin on November 1. Members shall serve until their successors are appointed. Any vacancy in the membership of the Council shall be filled in the same manner as the original appointment.
3. The Council shall have as its charge establishing a vision and accountability for a birth through grade three system of early education that addresses all of the following:
   1. Standards and assessment.
   2. Data-driven improvement and outcomes, including shared accountability measures such as the NC Pathways to Grade-Level Reading.
   3. Teacher and administrator preparation and effectiveness.
   4. Instruction and environment.
   5. Transitions and continuity.
   6. Family engagement.
   7. Governance and funding.

(2017-57, s. 7.23I(a).)

§ 115C-64.26. Powers and duties of B-3 Interagency Council.

The B-3 Interagency Council shall have the following powers and duties:

1. Facilitating the development and implementation of an interagency plan for a coordinated system of early care, education, and child development services with a focus on program outcomes in satisfying the developmental and educational needs of all children from birth to eight years of age that includes at least the following:
   1. Any recommendations to the Secretary of Health and Human Services and the Superintendent of Public Instruction on necessary organizational changes needed within the Departments of Health and Human Services and Public Instruction to be more responsive to and supportive of the birth to grade three continuum of early learning and development in an effort to optimize learning gains realized in the prekindergarten years.
   2. An early childhood information system that facilitates and encourages the sharing of data between and among early childhood service providers and State agencies.
   3. An early childhood accountability plan that includes identification of appropriate population indicators and program and system performance measures of early success of children such as the NC Pathways to Grade-Level Reading.
2. Implementing a statewide longitudinal evaluation of the educational progress of children from prekindergarten programs through grade 12.
3. Collaborating with the Department of Public Instruction, the Department of Health and Human Services, the North Carolina Partnership for Children, and other relevant early childhood stakeholders, including members of the North Carolina Early Childhood Advisory Council, to achieve the goal of a coordinated system of early care, education, and child development services for children from birth to eight years of age.

(2017-57, s. 7.23I(a).)

§ 115C-64.27. Reporting requirement.

The Deputy Secretary of Human Services and the Associate Superintendent of Early Education shall report on a quarterly basis to the Secretary of Health and Human Services and the Superintendent of Public Instruction on the progress and implementation of any of the duties and responsibilities of the Council as set forth in this Article.

(2017-57, s. 7.23I(a).)

§ 115C-64.28. Establish position of Associate Superintendent of Early Education to serve as chief academic officer of early education.

1. There is established within the Department of Public Instruction the position of Associate Superintendent of Early Education who shall serve as the chief academic officer of early education. The Associate Superintendent shall have professional, administrative, technical, and clerical personnel as may be necessary to assist in carrying out his or her duties. The Associate Superintendent shall co-lead the work of the B-3 Interagency Council and oversee the Department of Public Instruction's prekindergarten through third grade initiatives.
2. The Associate Superintendent shall be appointed by the Superintendent of Public Instruction at a salary established by the Superintendent of Public Instruction within the funds appropriated for that purpose. The Associate Superintendent may be removed from the position by the Superintendent of Public Instruction. The Associate Superintendent shall be exempt from the provisions of Chapter 126 of the General Statutes, except for Articles 6 and 7 of Chapter 126 of the General Statutes.

   All other staff shall be appointed, supervised, and directed by the Associate Superintendent and shall be subject to the provisions of Chapter 126 of the General Statutes. Except for the Associate Superintendent, salaries and compensation of all staff personnel shall be fixed in the manner provided by law for fixing and regulating salaries and compensation by other State agencies.

(2017-57, s. 7.23I(a); 2017-197, s. 2.3.)

Effect of Amendments. - Session Laws 2017-197, s. 2.3, effective July 1, 2017, deleted "in the event of the Associate Superintendent's incapacity to serve" at the end of the second sentence in subsection (b).

§ 115C-65. State divided into districts.

The State of North Carolina shall be divided into eight educational districts, which shall match the composition of the zones set forth in G.S. 143B-28.1 .

(1955, c. 1372, art. 1, s. 3; 1981, c. 423, s. 1; 2014-18, s. 3.4.)

Editor's Note. - Session Laws 2014-18, s. 6.1, provides: "Nothing in this act shall be construed to obligate the General Assembly to appropriate funds to implement this act."

§ 115C-66. Administrative units classified.

Each county of the State shall be classified as a county school administrative unit, the schools of which, except in city administrative units, shall be under the general supervision and control of a county board of education with a county superintendent as the administrative officer.

A city school administrative unit shall be classified as an area within a county or adjacent parts of two or more contiguous counties which has been or may be approved by the State Board of Education as such a unit for purposes of school administration. The general administration and supervision of a city administrative unit shall be under the control of a board of education with a city superintendent as the administrative officer.

All local school administrative units, whether city or county, shall be dealt with by the State school authorities in all matters of school administration in the same way.

For purposes of eligibility for federal grant funds, the Department of Health and Human Services is hereby classified as a public authority, which is the school administrative agency for the schools that it operates, and shall be considered as such by the State school authorities in the administration and distribution of federal grant funds.

(1955, c. 1372, art. 1, s. 4; 1981, c. 423, s. 1; 2005-276, s. 7.54(b).)

Cross References. - As to liability insurance and immunity of local boards of education, see G.S. 115C-42 .

Effect of Amendments. - Session Laws 2005-276, s. 7.54(b), effective July 1, 2005, added the last paragraph.

§ 115C-66.5. Merger of county school administrative units by the State Board of Education.

1. Consolidation and Merger. - The State Board of Education shall have the authority to consolidate and merge contiguous county school administrative units or a group of county school administrative units in which each county unit is contiguous with at least one other county unit in the group. The State Board shall adopt a written plan setting forth the conditions of the merger. A merger of county units and reorganization of those units under this section shall not have the effect of abolishing any special taxes that may have been voted in any such units.
2. Effective Date. - The merger shall become effective on July 1 immediately following the earlier of the thirty-first legislative day or the day of adjournment of the next regular session of the General Assembly that begins at least 25 days after the date the State Board approved the merger. If a bill that specifically disapproves the merger is introduced in either house of the General Assembly before the thirty-first legislative day of that session, the merger becomes effective on the July 1 immediately following the earlier of either the day an unfavorable final action is taken on the bill or the day that session of the General Assembly adjourns without ratifying a bill that specifically disapproves the merger. A merger that is specifically disapproved by a bill enacted into law before it becomes effective does not become effective.
3. Legislative Disapproval of Merger. - A bill specifically disapproves a merger if it contains a provision that refers to the written plan of merger and states that the merger is disapproved. Notwithstanding any rule of either house of the General Assembly, any member of the General Assembly may introduce a bill during the first 30 legislative days of any regular session to disapprove a merger that has been approved by the State Board and that has not become effective.

(2015-241, s. 8A.5.)

Editor's Note. - Session Laws 2015-241, s. 8A.5, made this section effective July 1, 2015.

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

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

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

§ 115C-67. Merger of units in same county.

City school administrative units may be consolidated and merged with contiguous city school administrative units and with county school administrative units upon approval by the State Board of Education of a plan for consolidation and merger submitted by the boards of education involved and bearing the approval of the board of county commissioners.

County and city boards of education desiring to consolidate and merge their school administrative units may do so by entering into a written plan which shall set forth the conditions of merger. The provisions of the plan shall be consistent with the General Statutes and shall contain, but not be limited to, the following:

1. The name by which the merged school administrative unit shall be identified and known.
2. The effective date of the merger.
3. The establishment and maintenance of a board of education which shall administer all the public schools of the newly created unit, including:
   1. The termination of any terms of office proposed in the reorganization of the board.
   2. The method of constituting and continuing the board of education; the manner of selection of board members, including (i) the number of members of the board, (ii) the method of their election or appointment, (iii) whether members shall be nominated, elected, or appointed from districts or at large, (iv) the manner of determining the nominee, and (v) whether the election shall be partisan or nonpartisan; the length of the members' terms of office; the dates of induction into office; the organization of the board; the procedure for filling vacancies; and the compensation to be paid members of the board for expenses incurred in performance of their duties. To the extent that the method conflicts with G.S. 115C-35 , G.S. 115C-37 , or with any local act concerning any of the units being merged and consolidated, the plan of merger and consolidation shall prevail.
4. The authority, powers, and duties of the board of education with respect to the employment of personnel, the preparation of budgets, and any other related matters which may be particularly applicable to the merged unit not inconsistent with the General Statutes.
5. The transfer of all facilities, properties, structures, funds, contracts, deeds, titles, and other obligations, assets and liabilities to the board of education of the merged unit.
6. Whether or not there shall be continued in force any supplemental school tax which may be in effect in either or all local school administrative units involved.
7. A public hearing, which shall have been announced at least 10 days prior to the hearing, on the proposed plan of merger.
8. A statement as to whether the question of merger, in accordance with the projected plan, is to be contingent upon approval of the voters in the affected area.
9. Any other condition or prerequisite to merger, together with any other appropriate subject or function that may be necessary for the orderly consolidation and merger of the local school administrative units involved.

   The plan referred to above shall be mutually agreed upon by the city and county boards of education involved and shall be accompanied by a certification that the plan was approved by the board of education on a given day and that the action has been duly recorded in the minutes of said board, together with a certification to the effect that the public hearing required above was announced and held. The plan, together with the required certifications, shall then be submitted to the board of county commissioners for its concurrence and approval. After such approval has been received, the plan shall be submitted to the State Board of Education for the approval of said State Board and the plan shall not become effective until such approval is granted. Upon approval by the State Board of Education, the plan of consolidation and merger shall become final and shall be deemed to have been made by authority of law and shall not be changed or amended except by an act of the General Assembly. The written plan of agreement shall be placed in the custody of the board of education operating and administering the public schools in the merged unit and a copy filed with the Secretary of State.

   The plan may be, but it is not required that it be, submitted for the approval of the voters of the geographic area affected in a referendum or election called for such purpose, and such elections or referendums if held shall be held under the provisions governing elections or referendums as set forth in G.S. 115C-507 , with authority of the board of county commissioners to have such election or referendum conducted by the board of elections of the county.

   Upon approval of the plan of consolidation or merger by the State Board of Education, or upon approval of the plan of consolidation or merger by the voters in a referendum or election called for such purpose, and as soon as a provisional or interim board of education of the merged unit, or a permanent board of education of the merged unit, enters in and upon the duties of the administration of the public schools of the consolidated or merged unit, then the former boards of education and all public officers of the former boards of education of the separate units thus merged shall stand abolished, and said separate boards of education or administrative units thus merged shall stand dissolved and shall cease to exist for any and all purposes. All consolidations and mergers of county and city boards of education and of county and city school administrative units heretofore agreed to and finally approved, and all consolidation or merger proceedings entered into prior to June 9, 1969, are hereby declared to be effective, legal and according to law notwithstanding any defect in the merger or consolidation proceedings and notwithstanding any dissolution of the separate boards of education and public officers of the former, separate school units.

(1967, c. 643, s. 3; 1969, c. 742; 1981, c. 423, s. 1; 1991 (Reg. Sess., 1992), c. 767, s. 3.)

Local Modification. - Monroe City School Administrative Unit: 1983, c. 475; Union County School Administrative Unit: 1983, c. 475.

Joint Legislative Study Committee on the Division of Local School Administrative Units. - For provisions establishing the Joint Legislative Study Committee on the Division of Local School Administrative Units, see Session Laws 2017-198, ss. 1-6, which are noted in full under G.S. 115C-66.5 .

Opinions of Attorney General

Editor's Note. - The opinions below were rendered under corresponding provisions of former Chapter 115.

Contents of Plan of Merger and Effect Thereof. - The plan of merger may include a provision that candidates for the merged board be elected on a nonpartisan basis in a partisan election. If the merger is brought about the city school board would have no further authority after the merger and would be dissolved by operation of law, while if the school units are merged and the city unit no longer exists, the supplemental tax heretofore approved may still be levied and turned over to the merged board for administrative purposes within the area formerly recognized as the city administrative unit. See opinion of the Attorney General to Mr. R.A. Collier, Sr., Attorney for Statesville City School Board, 40 N.C.A.G. 221 (1969).

Effect of Merger of County and City Unit on Supplemental Taxes in Effect in Each Unit. - See opinion of Attorney General to Mr. Thomas A. Banks, Wake County Attorney, 40 N.C.A.G. 228 (1970).

§ 115C-68. Merger of units in adjoining counties.

1. Boards of education of contiguous counties or boards of education in a group of counties in which each county is contiguous with at least one other county in the group, and any city school administrative unit located in counties to be merged, may merge school administrative units upon approval by the State Board of Education of a written plan for merger submitted by the boards of education involved and bearing the approval of the tax-levying body for the school units. The plan shall be consistent with the General Statutes, shall contain provisions covering those items listed in G.S. 115C-67 (providing for the merger of units in the same county), and shall contain any other provision deemed necessary or appropriate by the State Board of Education or the local boards of education for the merger of school units in two or more counties.
2. The plan of merger, including any arrangements for financing or taxing for the schools in the new local school administrative unit, may be, but is not required to be, submitted for the approval of the voters of the geographic area affected in a referendum or election called for the purpose of approving these matters. Such elections or referendums, if held, shall be held under the provisions governing elections or referendums as set forth in G.S. 115C-507 . Each board of county commissioners shall have authority to have such elections or referendums conducted by the board of elections of its county under the provisions set forth in G.S. 115C-507 .
3. If twenty percent (20%) of the qualified voters of a county to be merged petition the board of county commissioners of their county for an election as to whether their county shall be included in the proposed merger, the board of county commissioners shall call an election on this question for its county under the provisions of G.S. 115C-507 . The petition must be submitted to the board of county commissioners within 10 days following the public hearing required by G.S. 115C-67 on the proposed plan of merger. The board of county commissioners shall have authority to have such an election conducted by the board of election of its county under the provisions set forth in G.S. 115C-507 .
4. Boards of education considering a merger of two or more counties may spend money necessary for studying and preparing for such a merger.

(1969, c. 828; 1981, c. 423, s. 1.)

Local Modification. - Edgecombe and Nash, city of Rocky Mount, and town of Tarboro: 1987, c. 534.

Joint Legislative Study Committee on the Division of Local School Administrative Units. - For provisions establishing the Joint Legislative Study Committee on the Division of Local School Administrative Units, see Session Laws 2017-198, ss. 1-6, which are noted in full under G.S. 115C-66.5 .

§ 115C-68.1. Merger of units by the board of commissioners.

1. The board of commissioners of a county in which two or more local school administrative units are located, but all are located wholly within the county, may adopt a plan for the consolidation and merger of the units into a single countywide unit.

   The plan adopted under this subsection shall require that the county adopting the plan provide local funding per average daily membership to the resulting local school administrative unit for subsequent years of at least the highest level of any local school administrative unit in the county during the preceding five fiscal years before the merger.

   The board of commissioners shall forward a copy of the plan it adopts to the boards of education of all local school administrative units located within the county, immediately upon adoption.

2. The boards of commissioners of two counties in which one local school administrative unit is located in both counties may jointly adopt plans for each of their counties, including a plan of consolidation and merger for such unit that is located in more than one county. The results of such consolidation and merger shall be that there is only one countywide local school administrative unit in each county, or that the entirety of the unit located within two counties is merged and consolidated with the county unit of one of the two counties. Such plans shall also merge and consolidate any other city school administrative unit located wholly within one of the two counties. Within the two-county area, all the plans shall take effect on the same day.

   The plans jointly adopted under this subsection shall require that the counties jointly adopting the plans provide local funding per average daily membership to the resulting local school administrative units for subsequent fiscal years of at least the highest level of any local school administrative unit being merged during the preceding five fiscal years before the merger.

   The boards of commissioners of each of the two counties shall forward copies of the plans they adopt to the boards of education of all local school administrative units located within the county, immediately upon adoption.

3. The plans under this section shall be prepared and approved in accordance with G.S. 115C-67 as provided by general law, or G.S. 115C-68 as provided by general law, as applicable, except that the county and city boards of education shall not participate by preparing, entering into, submitting, or agreeing to a plan, and the plan shall not be contingent upon approval of the voters.
4. For the purpose of this section, local funding per average daily membership means the budgeted local expense per average daily membership. The State Board of Education shall establish guidelines for the computation of this amount and the amount shall be set out in the plan for consolidation and merger.
5. If the State Board of Education fails to approve a plan submitted to it under this section, such failure to approve does not preclude the approval of the plan by the General Assembly by local act.

(1991, c. 689, s. 37(b).)

Joint Legislative Study Committee on the Division of Local School Administrative Units. - For provisions establishing the Joint Legislative Study Committee on the Division of Local School Administrative Units, see Session Laws 2017-198, ss. 1-6, which are noted in full under G.S. 115C-66.5 .

§ 115C-68.2. Merger of units by the local boards of education.

If a city board of education notifies the State Board of Education that it is dissolving itself, the State Board of Education shall adopt a plan of consolidation and merger of that city school administrative unit with the county school administrative unit in the county in which the city unit is located; provided, however, if a city school administrative unit located in more than one county notifies the State Board of Education that it is dissolving itself, the State Board shall adopt a plan that divides the city unit along the county line and consolidates and merges the part of the city unit in each county with the county unit in that county and the plans shall take effect on the same day. The plans shall be prepared and approved in accordance with G.S. 115C-67 as provided by general law, and G.S. 115C-68 as provided by general law, as applicable, except that the county and city boards of education and the boards of commissioners shall not participate by preparing, entering into, submitting, or agreeing to a plan, and the plan shall not be contingent upon approval by the voters.

(1991, c. 689, s. 37(c).)

Joint Legislative Study Committee on the Division of Local School Administrative Units. - For provisions establishing the Joint Legislative Study Committee on the Division of Local School Administrative Units, see Session Laws 2017-198, ss. 1-6, which are noted in full under G.S. 115C-66.5 .

§ 115C-68.3. Validation of plans of consolidation and merger.

All plans for consolidation and merger of school administrative units entered into between June 9, 1969, and May 26, 1992, under G.S. 115C-67 , 115C-68.1, 115C-68.2, former G.S. 115-74.1, or under any local act authorizing such mergers, are ratified and considered to have been adopted by act of the General Assembly. This Article prevails over G.S. 153A-76(4) .

(1991 (Reg. Sess., 1992), c. 767, s. 2; c. 1030, s. 51.2.)

Joint Legislative Study Committee on the Division of Local School Administrative Units. - For provisions establishing the Joint Legislative Study Committee on the Division of Local School Administrative Units, see Session Laws 2017-198, ss. 1-6, which are noted in full under G.S. 115C-66.5 .

§ 115C-69. Types of districts defined.

The term "district" here used is defined to mean any convenient territorial division or subdivision of a county, created for the purpose of maintaining within its boundaries one or more public schools. It may include one or more incorporated towns or cities, or parts thereof, or one or more townships, or parts thereof, all of which territory is included in a common boundary. There shall be three different kinds of districts:

1. The "nontax district" is a territorial division of a local school administrative unit under the control of the local board of education, having no special local tax fund voted by the people for supplementing State and county funds.
2. The "local tax district" is a territorial division of a local school administrative unit under the control of the local board of education, having in addition to State and county funds, a special local tax fund voted by the people for supplementing State and county funds.
3. The "administrative district" is a territorial division of a county school administrative unit under the control of a county board of education which is established for administrative purposes and which consists of any combination of one or more local tax districts, nontax areas or bond districts of the county school administrative unit.

(1955, c. 1372, art. 1, s. 7; 1965, c. 584, s. 1; 1981, c. 423, s. 1; 1985 (Reg. Sess., 1986), c. 975, s. 12.)

§ 115C-70: Repealed by Session Laws 1985 (Regular Session, 1986), c. 975, s. 24.

School districts may be formed out of contiguous counties by agreement of the county boards of education of the respective counties subject to the approval of the State Board of Education. Rules for the organization, support and operation of districts so formed are subject to the agreement of the boards of education concerned, and as a guide to the working out of such agreements the formulas contained in G.S. 115C-510 should be followed as far as applicable.

(1955, c. 1372, art. 8, s. 2; 1981, c. 423, s. 1.)

§ 115C-72. Consolidation of districts and discontinuance of schools.

1. Local boards of education shall have the power and authority to close or consolidate schools located in the same district, and with the approval of the State Board of Education, to consolidate school districts or other school areas over which the board has full control, whenever and wherever in its judgment the closing or consolidation will better serve the educational interest of the local school administrative unit or any part of it.

   In determining whether two or more public schools shall be consolidated, or in determining whether or not a school shall be closed and the pupils transferred therefrom, local boards of education of the several counties shall observe and be bound by the following rules:

   1. In any question involving the closing or consolidation of any public school, the local board of education of the school administrative unit in which such school is located shall cause a thorough study of such school to be made, having in mind primarily the welfare of the students to be affected by a proposed closing or consolidation and including in such study, among other factors, geographic conditions, anticipated increase or decrease in school enrollment, the inconvenience or hardship that might result to the pupils to be affected by such closing or consolidation, the cost of providing additional school facilities in the event of such closing or consolidation, and such other factors as the board shall consider germane. Before the entry of any order of closing or consolidation, the local board of education shall provide for a public hearing in regard to such proposed closing or consolidation, at which hearing the public shall be afforded an opportunity to express their views. Upon the basis of the study so made and after such hearing, said board may, in the exercise of its discretion, approve the closing or consolidation proposed.
   2. The provisions of this section shall not deprive any local board of education of the authority to assign or enroll any and all pupils in schools in accordance with the provisions of G.S. 115C-366(b) and 115C-367 to 115C-370.
2. This section does not govern merger of a city school administrative unit with another school administrative unit. Such merger is governed by G.S. 115C-67 .

(1955, c. 1372, art. 8, s. 3; 1981, c. 423, s. 1; 1983, c. 308; c. 752; 2009-570, s. 27.)

Effect of Amendments. - Session Laws 2009-570, s. 27, effective August 28, 2009, substituted "judgment" for "judgement" in the first paragraph of subsection (a).

§ 115C-73. Enlarging tax districts and city units by permanently attaching contiguous property.

The county boards of education with the approval of the State Board of Education may transfer from nontax territory and attach permanently to local tax districts or to city school administrative units, real property contiguous to said local tax districts or city school administrative units, upon the written petition of the owners thereof and the taxpayers of the families living on such real property, and there shall be levied upon the property of each individual in the area so attached, including landowners and tenants, the same tax as is levied upon other property in said district or unit: Provided, that such transfer shall be subject to the approval of the board of education of such city unit: Provided, the petition must be signed by a majority of the persons who are the owners thereof and a majority of the taxpayers of the families living on such real property on the date the petition is filed with the county board of education: Provided, further, that a person or corporation owning only an easement in real property shall not be considered an owner of said property within contemplation of this section: Provided, further that no right of action or defense founded upon the invalidity of such transfer shall be asserted, nor shall the validity of such transfer be open to question in any court upon any ground whatever, except in an action or proceeding commenced within 60 days after the approval of such transfer is given by the State Board of Education.

Any qualified voter residing in the area attached shall be permitted to vote in any election for members of the board of education having jurisdiction over the attached area.

(1955, c. 1372, art. 8, s. 4; 1959, c. 573, s. 4; 1971, c. 672; 1973, c. 1155; 1981, c. 423, s. 1; 1985 (Reg. Sess., 1986), c. 975, s. 13.)

§ 115C-74. School system defined.

The school system of each local school administrative unit shall consist of 12 years of study or grades, and shall be graded on the basis of a school year of not less than nine months. Schools within the system may be organized in the discretion of the local board of education.

(1955, c. 1372, art. 1, s. 5; 1959, c. 573, s. 1; 1981, c. 423, s. 1; 2001-97, s. 1.)

§ 115C-75. Recommended school classification.

1. The different types of public schools are classified and defined as follows:
   1. An "elementary school" is a school that includes all or part of the first through eighth grade and that may have a kindergarten or other early childhood program.
   2. A "high school" is a school that includes all or part of grades nine through 12 and that offers at least the minimum high school course of study prescribed by the State Board of Education.
   3. Repealed by Session Laws 2001-97, s. 2, effective July 1, 2001.
   4. A "junior high school" is a school that includes all or part of grades seven through nine.

      (4a) A "middle school" is a school that includes all or part of grades six through nine.

   5. A "senior high school" is a school that includes the tenth, eleventh and twelfth grades.
   6. A "union school" is a school that includes elementary, middle, and high school grades.
2. The school classifications in subsection (a) of this section are recommendations only and do not prohibit local boards of education from classifying schools in other ways.

(1955, c. 1372, art. 1, s. 6; 1959, c. 915, s. 1; 1963, c. 448, s. 24; 1969, c. 1213, s. 2; 1981, c. 423, s. 1; 2001-97, s. 2.)

§§ 115C-75.1 through 115C-75.4: Reserved for future codification purposes.

§ 115C-75.5. Definitions.

The following definitions apply in this Article:

1. Innovative school. - A qualifying school selected by the State Board of Education under the supervision of the North Carolina Innovative School District.
2. Reserved.
3. Innovative school operator or IS operator. - An entity selected by the State Board of Education upon the recommendation of the ISD Superintendent to operate an innovative school.
4. ISD Superintendent. - The superintendent of the ISD appointed by the Superintendent of Public Instruction in accordance with G.S. 115C-75.6 .

   (4a) North Carolina Innovative School District or ISD. - The statewide school unit established pursuant to this Article.

5. Qualifying school. - A school with a school performance score in the lowest-performing five percent (5%) of all schools meeting the following criteria:
   1. Receives funds under Part A of Title I of the Elementary and Secondary Education Act of 1965, as amended.
   2. Is governed by a local board of education subject to this Article.
   3. Is not one of the following types of schools:
      1. An alternative school.
      2. A cooperative innovative high school.
      3. A school that was in its first or second year of operation in the previous school year.
      4. A newcomers school. For the purposes of this subdivision, a newcomers school is a school in which at least ninety percent (90%) of its students are enrolled for no more than one year on the basis of their status as recently arrived English language learners.

(2016-110, s. 1; 2016-126, 4th Ex. Sess., s. 14; 2017-57, ss. 7.26(e), 7.26E(a), (f); 2018-5, s. 7.20(a); 2018-145, s. 27(b); 2019-248, s. 1(a).)

Editor's Note. - Session Laws 2016-110, s. 4, as amended by Session Laws 2017-57, s. 7.26E(d), provides: "Evaluation of the Innovative School District and Other Innovation Models. - The State Board of Education shall contract during the 2017-2018 school year with an independent research organization to evaluate the implementation and effectiveness of the following:

"(1) The Innovative School District in turning around low-performing schools beginning with the 2018-2019 school year through the 2022-2023 school year, including the innovation zone established in Section 4.5 of this act. The State Board of Education shall require IS operators to provide the independent research organization with requested data to conduct the evaluation. The independent research organization shall include an analysis on the impact of public versus private funding in the effectiveness of the Innovative School District.

"(2) Innovation zones in turning around low-performing schools beginning with the 2017-2018 school year through the 2022-2023 school year. The State Board of Education shall require local boards of education granted innovation zones to provide the independent research organization with requested data to conduct the evaluation.

"The independent research organization shall report its interim findings to the State Board of Education annually no later than February 15, beginning in 2018, and shall submit a final report no later than February 15, 2024. The State Board of Education shall provide the report of the independent research commission, along with any recommended legislative changes, to the Joint Legislative Education Oversight Committee annually no later than March 1, beginning in 2018 until submission of the final report in 2024."

Session Laws 2016-110, s. 4.5, provides: "The State Board of Education shall authorize the Charlotte-Mecklenburg (CMS) Board of Education to create an innovation zone among Project LIFT schools and Beacon Initiative schools, as provided in G.S. 115C-75.13 , for the 2017-2018 through 2021-2022 school years. Notwithstanding G.S. 115C-75.13 , the CMS innovation zone may include up to five low-performing schools. For the purposes of this section, Project LIFT schools are those schools within the feeder area for West Charlotte High School governed by the collaborative agreement between the CMS Board of Education and Project Leadership and Investment for Transformation. Beacon Initiative schools are those schools designated by the CMS Board of Education to participate in the Beacon Initiative Partnership between the CMS Board of Education and the University of Virginia."

Session Laws 2016-110, s. 5, as amended by Session Laws 2017-57, s. 7.11(c), provides: "There is appropriated from the General Fund to the Department of Public Instruction four hundred thousand dollars ($400,000) in recurring funds for the 2016-2017 fiscal year for salary and benefits for the ISD Superintendent, staff, and other expenses associated with the ISD. Any funds appropriated for this purpose that are unexpended at the end of the 2016-2017 fiscal year shall not revert but shall remain available for one-time, start-up expenses of the ISD until the end of the 2017-2018 fiscal year. There is appropriated from the General Fund to the Department of Public Instruction five hundred thousand dollars ($500,000) for the 2016-2017 fiscal year to contract with an independent research organization to conduct the evaluation required in Section 4 of this act. Funds appropriated to the Department of Public Instruction for the 2016-2017 fiscal year for the evaluation shall not revert at the end of the fiscal year but shall remain available until expended."

Session Laws 2016-110, s. 6, as amended by Session Laws 2017-57, s. 7.26E(e), and Session Laws 2018-97, s. 2.13, provides: "Beginning with the 2018-2019 fiscal year, from the funds appropriated to the Department of Public Instruction each fiscal year for the award of innovation zone model grants, the State Board of Education shall, upon recommendation of the ISD Superintendent, award innovation zone model grants of up to one hundred fifty thousand dollars ($150,000) per fiscal year for five years to local boards of education who (i) have been authorized to adopt the innovation zone model by the State Board of Education for up to three schools or for a local school administrative unit with more than thirty-five percent (35%) of schools within the unit identified as low-performing and (ii) provide a dollar-for-dollar match with non-State funding for the requested grant amount. Innovation zone model grants shall be directed by local boards of educations to the innovation zone office to address specific issues in innovation zone schools. Notwithstanding any other provision of law or a provision of the Committee Report described in Section 39.2 of S.L. 2017-57 to the contrary, for the 2018-2019 fiscal year only, the Department may also use these funds to cover the administrative costs of the Innovative School District during the 2018-2019 fiscal year."

Session Laws 2016-110, s. 7, provides: "This act becomes effective only if funds are appropriated by the Current Operations Appropriations Act of 2016 for the Achievement School District." The appropriation was made in the reserve for pending legislation in the budget bill.

Session Laws 2016-110, s. 8, as amended by Session Laws 2017-57, s. 7.26E(f), as amended by Session Laws 2018-145, s. 27(b), and as amended by Session Laws 2019-248, s. 1(f), provides: "This act is effective when it becomes law [July 22, 2016] and supervision of innovative schools by the Innovative School District shall begin with the 2018-2019 school year. In the discretion of the State Board of Education (i) the ISD Superintendent may not be required during the 2017-2018 school year to recommend qualifying schools for inclusion in the ISD for the 2018-2019 school year and (ii) the time line for selection of innovative schools for the 2018-2019 school year provided in G.S. 115C-75.7 may be varied, but in no event may the local board of education's decision occur later than April 1, 2018."

Session Laws 2017-57, s. 7.26E(a), effective July 1, 2017, rewrote the Article 7A heading, which read: "Achievement School District and Innovation Zones."

At the direction of the Revisor of Statutes, subdivision (2) as amended by Session Laws 2017-57, s. 7.26E(a), was renumbered as subdivision (4a) to maintain alphabetical order.

Session Laws 2018-145, s. 27(a), provides: "Notwithstanding G.S. 115C-75.7 , the Wayne County Board of Education may apply, no later than February 1, 2019, to the State Board of Education for authorization to adopt the restart model for the operation of Carver Heights Elementary School pursuant to G.S. 115C-105.37 B(a)(2). Application to the State Board for operation of Carver Heights Elementary School as a restart model school shall be in lieu of adopting a resolution by February 1, 2019, on whether the Wayne County Board of Education has determined to (i) close the elementary school or (ii) transfer the elementary school into the North Carolina Innovative School District (ISD) as a prospective innovative school selected by the State Board for the 2019-2020 school year. However, notwithstanding any provision of Article 7A of Chapter 115C of the General Statutes to the contrary, Carver Heights Elementary School may still be transferred to the ISD in accordance with the following:

"(1) If the Wayne County Board of Education applies to the State Board to operate Carver Heights Elementary School as a restart model school and one of the following occurs:

"a. The State Board does not authorize that Carver Heights Elementary School be operated as a restart model school based on the local board of education's application. The school shall then be transferred to the ISD beginning with the 2019-2020 school year.

"b. The State Board authorizes that Carver Heights Elementary School be operated as a restart model school beginning with the 2019-2020 school year and, at the conclusion of the 2020-2021 school year, the school still meets the definition of a qualifying school under G.S. 115C-75.5(5) , notwithstanding the provision in that definition that the school had not adopted one of the models established in G.S. 115C-105.37 B for the immediately prior school year. The school shall then be transferred to the ISD beginning with the 2021-2022 school year.

"(2) If the Wayne County Board of Education fails to apply to the State Board of Education for authorization to adopt the restart model for the operation of Carver Heights Elementary School pursuant to this section by February 1, 2019, and has taken no other action as required by G.S. 115C-75.7(c) , the school shall then be transferred to the ISD beginning with the 2019-2020 school year."

Session Laws 2019-248, s. 3, made amendments by Session Laws 2019-248, s. 1(a), effective November 11, 2019, and applicable beginning with schools identified as qualifying schools for the 2019-2020 school year, based on data from the 2018-2019 school year.

Session Laws 2019-248, s. 1(c), as amended by Session Laws 2020-3, s. 2.6(b), provides: "For the purposes of this subsection, a qualifying school is as defined by G.S. 115C-75.5(5) , as amended by this act. Notwithstanding G.S. 115C-75.7 , as amended by this act, the State Board of Education shall select the following schools to become innovative schools:

"(1) Repealed by Session Laws 2020-3, s. 2.6(b), effective May 4, 2020.

"(2) The lowest scoring qualifying school in the State identified based on the school performance score calculated from data for the 2020-2021 school year to become an innovative school in the 2022-2023 school year."

Session Laws 2019-248, s. 1(d), provides: "The State Board of Education shall select all innovative schools, as required by G.S. 115C-75.7(a) , as amended by this act, no earlier than the 2022-2023 school year for inclusion in the Innovative School District beginning with the 2023-2024 school year, unless a local board of education requests selection prior to that year."

Session Laws 2019-248, s. 1(e), provides: "The State Superintendent of Education and the ISD Superintendent shall jointly study the following and report on any recommendations and suggested legislative changes to the Joint Legislative Education Oversight Committee no later than March 15, 2020:

"(1) Options for innovative schools. - Structure of innovative schools and types of partnerships with IS operators or other entities that provide effective options and ensure flexibility for the Innovative School District (ISD) to best address the needs of innovative schools and students. This recommendation should take into consideration, but is not limited to, factors such as length of time of an innovative school in the ISD, role or relationship of the local board of education with the ISD and innovative school, and types of entities and contract terms that the ISD should use to establish options for selecting the most appropriate entity to serve the innovative school.

"(2) Reform of low-performing school models. - Alignment of requirements in Chapter 115C of the General Statutes for identification and reform of low-performing and continually low-performing schools, including Part 3 of Article 8B of Chapter 115C of the General Statutes, with other reform efforts in State and federal law, to ensure a comprehensive and efficient approach to support and improvement of those schools that does not create redundancies."

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. 5, is a severability clause.

Effect of Amendments. - Session Laws 2016-126, 4th Ex. Sess., s. 14, effective January 1, 2017, substituted "Superintendent of Public Instruction" for "State Board of Education" in subdivision (4).

Session Laws 2017-57, s. 7.26(e), effective July 1, 2017, substituted "earned an overall" for "received a" in subdivision (5)(a). For applicability, see editor's note.

Session Laws 2017-57, s. 7.26E(a), effective July 1, 2017, in subsection (1) substituted "innovative school" for "achievement School," "IS operator" for "AS operator," and "ISD Superintendent" for "ASD Superintendent" throughout the section; "North Carolina Innovative School" for "Achievement School" at the end; in subsection (2) substituted "North Carolina Innovative School" for "Achievement School" and in subsection (4), substituted "G.S. 115C-75.6" for "G.S. 115C-75.6(b)"; and substituted "innovative" for "achievement" in subdivision (5)(b).

Session Laws 2018-5, s. 7.20(a), effective July 1, 2018, added the exception at the beginning of the second sentence of subdivision (3).

Session Laws 2019-248, s. 1(a), deleted the former last sentence of subdivision (3), which read: "Except as otherwise provided in this Article, the Department of Public Instruction may not be selected as an IS operator."; and rewrote subdivision (5). For effective date and applicability, see editor's note.

§ 115C-75.6. North Carolina Innovative School District.

1. There is established the North Carolina Innovative School District (ISD) under the administration of the State Board of Education and the Superintendent of Public Instruction. The ISD shall assume the supervision, management, and operation of elementary and secondary schools as innovative schools as provided in this Article. For the purposes of federal law and administration of State law, the ISD shall be considered a local school administrative unit.
2. Repealed by Session Laws 2016-126, s. 15.
3. The Superintendent of Public Instruction shall appoint a superintendent to serve as the executive officer of the ISD. The ISD Superintendent shall serve at the pleasure of the Superintendent of Public Instruction at a salary established by the Superintendent of Public Instruction within the funds appropriated for this purpose. The ISD Superintendent shall have qualifications consistent with G.S. 115C-271(a) and report directly to the Superintendent of Public Instruction.
4. By January 15 annually, the State Board of Education, Superintendent of Public Instruction, and the ISD Superintendent shall report to the Joint Legislative Education Oversight Committee on all aspects of operation of the ISD, including the selection of innovative schools and their progress.

(2016-110, s. 1; 2016-126, 4th Ex. Sess., s. 15; 2017-57, s. 7.26E(a), (f); 2018-145, s. 27(b).)

Editor's Note. - Session Laws 2016-110, s. 7, provides: "This act becomes effective only if funds are appropriated by the Current Operations Appropriations Act of 2016 for the Achievement School District." The appropriation was made in the reserve for pending legislation in the budget bill.

Session Laws 2016-110, s. 8, as amended by Session Laws 2017-57, s. 7.26E(f), as amended by Session Laws 2018-145, s. 27(b), and as amended by Session Laws 2019-248, s. 1(f), provides: "This act is effective when it becomes law [July 22, 2016] and supervision of innovative schools by the Innovative School District shall begin with the 2018-2019 school year. In the discretion of the State Board of Education (i) the ISD Superintendent may not be required during the 2017-2018 school year to recommend qualifying schools for inclusion in the ISD for the 2018-2019 school year and (ii) the time line for selection of innovative schools for the 2018-2019 school year provided in G.S. 115C-75.7 may be varied, but in no event may the local board of education's decision occur later than April 1, 2018."

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. 39.6, is a severability clause.

Effect of Amendments. - Session Laws 2016-126, 4th Ex. Sess., s. 15, effective January 1, 2017, rewrote the section.

Session Laws 2017-57, s. 7.26E(a), effective July 1, 2017, substituted "innovative school" for "achievement School," "IS operator" for "AS operator," and "ISD" for "ASD" throughout the section; substituted "North Carolina Innovative" for "Achievement" in the heading and in subsection (a); substituted "elementary schools" for "elementary schools that have been selected" and added the last sentence in subsection (a); and made stylistic changes.

§ 115C-75.7. Selection of innovative schools.

1. State Board Selection. - The State Board of Education shall only select schools for transfer to the ISD in accordance with this section.
2. Evaluation Process. - The selection of innovative schools shall be based on an analysis and evaluation of performance of qualifying schools over a three-year period as follows:
   1. Qualifying list. - In the first school year in which a school has been identified as a qualifying school based on data from the previous school year, the school shall be placed on the ISD qualifying list. By November 15, the ISD Superintendent shall notify the superintendent and local board of education of that school's status and provide that school's performance data, considerations for improvement, and any additional information deemed necessary by the ISD Superintendent. The local board of education shall notify parents of students enrolled in the qualifying school by electronic mail or the parents' preferred method of written communication of (i) the school's status, (ii) potential impacts of the designation, including becoming an innovative school, (iii) plans for improvement of the school, and (iv) any additional information deemed necessary by the local board of education.
   2. Watch list. - If a school that was on the qualifying list in the prior school year remains a qualifying school in the next school year, the school shall be placed on the ISD watch list. By November 15, the ISD Superintendent shall notify the superintendent and local board of education of that school's status and provide that school's performance data, considerations for improvement, and any additional information deemed necessary by the ISD Superintendent. The local board of education shall notify parents of students enrolled in the qualifying school by electronic mail or the parents' preferred method of written communication of (i) the school's status, (ii) potential impacts of the designation, including becoming an innovative school, (iii) plans for improvement of the school, and (iv) any additional information deemed necessary by the local board of education.
   3. Warning list. - If a school that was on the watch list in the prior school year remains a qualifying school in the next school year, the school shall be placed on the ISD warning list. A school shall remain on the ISD warning list until it is either (i) no longer a qualifying school or (ii) is transferred to the ISD. By November 15, the ISD Superintendent shall notify the superintendent and local board of education of that school's status and provide that school's performance data, considerations for improvement, and any additional information deemed necessary by the ISD Superintendent. The local board of education shall do the following:
      1. For any qualifying school that is in its first year on the warning list, the local board of education shall hold a public hearing with a minimum of 10 days' notice that meets the following requirements:
         1. The local board of education shall provide direct notice of the public hearing to parents of students, employees assigned to that school, and the ISD Superintendent.
         2. At the public hearing, the local board of education shall share potential impacts of the designation, including becoming an innovative school, plans for improvement of the school, and any additional information deemed necessary by the ISD Superintendent.
         3. The ISD Superintendent shall be provided the opportunity to present at the public hearing, including information about (i) the ISD selection process, (ii) potential impacts of the designation as an innovative school, (iii) potential resources, strategies, and partners for comprehensive support and improvement that can assist in plans for improvement of the school, and (iv) any additional information deemed necessary by the ISD Superintendent.
      2. For any qualifying school that was on the warning list during the previous school year, the local board of education shall notify parents of students enrolled in the qualifying school by electronic mail or the parents' preferred method of written communication of (i) the school's status, (ii) potential impacts of the designation, including becoming an innovative school, (iii) plans for improvement of the school, and (iv) any additional information deemed necessary by the local board of education.
      3. Present information at a regularly scheduled public meeting of the board of commissioners of the county in which the local school administrative unit is located on the school's performance while on an ISD list and efforts by the local board of education to improve the school's performance. The board of commissioners shall provide an opportunity for the presentation and shall notify the board of education of the public meeting at which the presentation shall occur. The local board of education shall provide notice of the date and time of the public meeting at which the presentation will occur to the ISD Superintendent 10 days prior to the meeting and provide the opportunity to the Superintendent to present as part of the presentation at the public meeting.

         (b1) Support Process. - The State Board of Education shall ensure that qualifying schools identified for any ISD list are engaged in strategies in compliance with federal and State law for comprehensive support and improvement. The State Board of Education may establish criteria for the selection of independent turnaround school consultants in a pay-for-performance model to provide direct support for qualifying schools. The ISD Superintendent shall monitor those schools and assist local boards of education in identifying funding, strategies, and partners for comprehensive support and improvement efforts.

         (b2) Local Board of Education Action. - Local boards of education shall identify and engage in strategies in compliance with federal and State law for comprehensive support and improvement of qualifying schools. A local board of education member with an immediate family member, as defined in G.S. 115C-12.2 , who is employed by that local board of education and assigned to the qualifying school, shall recuse himself or herself from any actions by the board directly related to that qualifying school.

3. Selection Process. - A school shall be selected by the State Board as an innovative school beginning with the next school year if it meets the following criteria:
   1. The school was on the ISD warning list in the previous school year.
   2. The school remains a qualifying school in the current school year based on data from the previous school year.
   3. The school is one of the lowest five schools that meet the criteria in both subdivision (1) and subdivision (2) of this subsection, as measured by school performance scores.

      (c1) Voluntary Selection. - If fewer than five schools are selected pursuant to subsection (c) of this section in any given year, a local board of education, upon the recommendation of the ISD Superintendent, may request that the State Board of Education select a qualifying school under the control of that local board as an innovative school, provided that no more than five schools are selected that year in total.

4. Public Notification. - The list of schools on the ISD qualifying, watch, and warning lists and selected innovative schools shall be made publically available on a Web site maintained by the ISD.
5. Waivers for Innovative Schools. - The ISD Superintendent may request a waiver from the State Board of Education of State Board of Education rules, regulations, policies, and procedures, or the provisions of this Chapter for innovative schools; however, innovative schools shall be required to comply with, at a minimum, the statutory requirements for charter schools as provided in Article 14A of this Chapter. The goal for each waiver shall be improvement of student performance. All innovative schools shall comply with all applicable constitutional and statutory nondiscrimination requirements. Notwithstanding G.S. 115C-105.26 , the State Board of Education may grant a requested waiver of State laws or rules for an innovative school pursuant to this subsection, except for a waiver of State laws or rules applicable to children with disabilities and any of the other requirements set forth in this subsection.

(2016-110, s. 1; 2017-57, s. 7.26E(a), (f); 2018-145, s. 27(b); 2019-248, s. 1(a).)

Editor's Note. - Session Laws 2016-110, s. 7, provides: "This act becomes effective only if funds are appropriated by the Current Operations Appropriations Act of 2016 for the Achievement School District." The appropriation was made in the reserve for pending legislation in the budget bill.

Session Laws 2016-110, s. 8, as amended by Session Laws 2017-57, s. 7.26E(f), as amended by Session Laws 2018-145, s. 27(b), and as amended by Session Laws 2019-248, s. 1(f), provides: "This act is effective when it becomes law [July 22, 2016] and supervision of innovative schools by the Innovative School District shall begin with the 2018-2019 school year. In the discretion of the State Board of Education (i) the ISD Superintendent may not be required during the 2017-2018 school year to recommend qualifying schools for inclusion in the ISD for the 2018-2019 school year and (ii) the time line for selection of innovative schools for the 2018-2019 school year provided in G.S. 115C-75.7 may be varied, but in no event may the local board of education's decision occur later than April 1, 2018."

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. 39.6, is a severability clause.

Session Laws 2018-145, s. 27(a), provides: "Notwithstanding G.S. 115C-75.7 , the Wayne County Board of Education may apply, no later than February 1, 2019, to the State Board of Education for authorization to adopt the restart model for the operation of Carver Heights Elementary School pursuant to G.S. 115C-105.37 B(a)(2). Application to the State Board for operation of Carver Heights Elementary School as a restart model school shall be in lieu of adopting a resolution by February 1, 2019, on whether the Wayne County Board of Education has determined to (i) close the elementary school or (ii) transfer the elementary school into the North Carolina Innovative School District (ISD) as a prospective innovative school selected by the State Board for the 2019-2020 school year. However, notwithstanding any provision of Article 7A of Chapter 115C of the General Statutes to the contrary, Carver Heights Elementary School may still be transferred to the ISD in accordance with the following:

"(1) If the Wayne County Board of Education applies to the State Board to operate Carver Heights Elementary School as a restart model school and one of the following occurs:

"a. The State Board does not authorize that Carver Heights Elementary School be operated as a restart model school based on the local board of education's application. The school shall then be transferred to the ISD beginning with the 2019-2020 school year.

"b. The State Board authorizes that Carver Heights Elementary School be operated as a restart model school beginning with the 2019-2020 school year and, at the conclusion of the 2020-2021 school year, the school still meets the definition of a qualifying school under G.S. 115C-75.5(5) , notwithstanding the provision in that definition that the school had not adopted one of the models established in G.S. 115C-105.37 B for the immediately prior school year. The school shall then be transferred to the ISD beginning with the 2021-2022 school year.

"(2) If the Wayne County Board of Education fails to apply to the State Board of Education for authorization to adopt the restart model for the operation of Carver Heights Elementary School pursuant to this section by February 1, 2019, and has taken no other action as required by G.S. 115C-75.7(c) , the school shall then be transferred to the ISD beginning with the 2019-2020 school year."

Session Laws 2019-248, s. 1(c), as amended by Session Laws 2020-3, s. 2.6(b), provides: "For the purposes of this subsection, a qualifying school is as defined by G.S. 115C-75.5(5) , as amended by this act. Notwithstanding G.S. 115C-75.7 , as amended by this act, the State Board of Education shall select the following schools to become innovative schools:

"(1) Repealed by Session Laws 2020-3, s. 2.6(b), effective May 4, 2020.

"(2) The lowest scoring qualifying school in the State identified based on the school performance score calculated from data for the 2020-2021 school year to become an innovative school in the 2022-2023 school year."

Session Laws 2019-248, s. 1(d), provides: "The State Board of Education shall select all innovative schools, as required by G.S. 115C-75.7(a) , as amended by this act, no earlier than the 2022-2023 school year for inclusion in the Innovative School District beginning with the 2023-2024 school year, unless a local board of education requests selection prior to that year."

Session Laws 2019-248, s. 1(e), provides: "The State Superintendent of Education and the ISD Superintendent shall jointly study the following and report on any recommendations and suggested legislative changes to the Joint Legislative Education Oversight Committee no later than March 15, 2020:

"(1) Options for innovative schools. - Structure of innovative schools and types of partnerships with IS operators or other entities that provide effective options and ensure flexibility for the Innovative School District (ISD) to best address the needs of innovative schools and students. This recommendation should take into consideration, but is not limited to, factors such as length of time of an innovative school in the ISD, role or relationship of the local board of education with the ISD and innovative school, and types of entities and contract terms that the ISD should use to establish options for selecting the most appropriate entity to serve the innovative school.

"(2) Reform of low-performing school models. - Alignment of requirements in Chapter 115C of the General Statutes for identification and reform of low-performing and continually low-performing schools, including Part 3 of Article 8B of Chapter 115C of the General Statutes, with other reform efforts in State and federal law, to ensure a comprehensive and efficient approach to support and improvement of those schools that does not create redundancies."

Session Laws 2019-248, s. 3, made amendments by Session Laws 2019-248, s. 1(a), effective November 11, 2019, and applicable beginning with schools identified as qualifying schools for the 2019-2020 school year, based on data from the 2018-2019 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, s. 2.6(a), provides: "Notwithstanding the provisions of G.S. 115C-75.7 and G.S. 115C-105.37 A(d), for the 2020-2021 school year, the following applies:

"(1) The State Board shall not identify any additional schools as qualifying schools for the Innovative School District based on data from the 2019-2020 school year.

"(2) Schools identified as qualifying schools for the 2019-2020 school year based on data from the 2018-2019 school year shall remain on the qualifying list, and the provisions of G.S. 115C-75.7(b1) , (b2), and (d) shall continue to apply to these schools."

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

Effect of Amendments. - Session Laws 2017-57, s. 7.26E(a), effective July 1, 2017, substituted "innovative school" for "achievement School," "IS operator" for "AS operator," and "ISD" for "ASD" throughout the section; added "elementary" following "five qualifying" in the first sentence of subsection (a); in subsection (b) substituted "October 15" for "November 15", and "December 15" for "January 15"; substituted "February 1" for "March 1" in the second to last sentence in subsection (c); in subsection (e), substituted "request a waiver from the State Board of Education" for "waiver" and added the last sentence.

Session Laws 2019-248, s. 1(a), rewrote the section. For effective date and applicability, see editor's note.

§ 115C-75.8. Selection of IS operators.

1. The State Board of Education may select an IS operator for a selected innovative school by December 15 and shall select an IS operator for a selected innovative school no later than January 15.
2. Upon the recommendation of the ISD Superintendent, the State Board of Education shall only select an entity to contract as an IS operator if that entity demonstrates one of the following:
   1. The entity has a record of results in improving performance of low-performing schools or improving performance of a substantial number of low-performing students within a school or schools operated by the entity in this State or other states.
   2. The entity has a credible and specific plan for dramatically improving student achievement in a low-performing school and provides evidence that the entity, or a contractual affiliate of such an entity, is either currently operating a school or schools in this State that provide students a sound, basic education or demonstrating consistent and substantial growth toward providing students a sound, basic education in the prior three school years.

      (b1) Repealed by Session Laws 2019-248, s. 1(a), effective November 11, 2019.

3. The selected IS operator is encouraged to hold public informational sessions and other outreach to the community, selected innovative school, and local board of education of a selected innovative school.
4. The contract between the State Board of Education and IS operator shall require, as a minimum, that the IS operator meet the same requirements as established for charter schools in the following statutes:
   1. G.S. 115C-218.20 (Civil liability and insurance requirements).
   2. G.S. 115C-218.25 (Open meetings and public records).
   3. G.S. 115C-218.30 (Accountability; reporting requirements to State Board of Education).
   4. G.S. 115C-218.50 (Charter school nonsectarian).
   5. G.S. 115C-218.55 (Nondiscrimination in charter schools).
   6. G.S. 115C-218.60 (Student discipline).
   7. G.S. 115C-218.65 (North Carolina School Report Cards).
   8. G.S. 115C-218.75 (General operating requirements).
   9. G.S. 115C-218.85 (Course of study requirements).

(2016-110, s. 1; 2017-57, s. 7.26E(a), (f); 2018-5, s. 7.20(c); 2018-145, s. 27(b); 2019-248, s. 1(a).)

Editor's Note. - Session Laws 2016-110, s. 7, provides: "This act becomes effective only if funds are appropriated by the Current Operations Appropriations Act of 2016 for the Achievement School District." The appropriation was made in the reserve for pending legislation in the budget bill.

Session Laws 2016-110, s. 8, as amended by Session Laws 2017-57, s. 7.26E(f), as amended by Session Laws 2018-145, s. 27(b), and as amended by Session Laws 2019-248, s. 1(f), provides: "This act is effective when it becomes law [July 22, 2016] and supervision of innovative schools by the Innovative School District shall begin with the 2018-2019 school year. In the discretion of the State Board of Education (i) the ISD Superintendent may not be required during the 2017-2018 school year to recommend qualifying schools for inclusion in the ISD for the 2018-2019 school year and (ii) the time line for selection of innovative schools for the 2018-2019 school year provided in G.S. 115C-75.7 may be varied, but in no event may the local board of education's decision occur later than April 1, 2018."

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. 39.6, 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. 39.7, is a severability clause.

Session Laws 2018-135, 3rd Ex. Sess., s. 1.1, provides: "Calendar Flexibility. - Notwithstanding G.S. 115C-75.8(d)(9), 115C-84.2(a)(1), 115C-150.12, 115C-218.85(a)(1), 115C-238.53(d), 115C-238.66(1)d., 116-239.8(b)(2)c., Section 6(e) of S.L. 2018-32, and any other provision of State law to the contrary, if the governing body of a public school unit closed any school under its control due to unusual and extraordinary inclement weather conditions related to Hurricane Florence, calendar flexibility for instructional time missed due to Hurricane Florence during the months of September 2018 and October 2018 shall be provided as follows:

"(1) If the school is located in a public school unit that is located in a county designated before, on, or after the effective date of this act 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, in the discretion of its governing body, the public school unit may (i) make up any number of the instructional days or equivalent hours missed, (ii) deem as completed any number of the instructional days or equivalent hours missed up to a total of 20 days, or (iii) implement any combination of both of the above.

"(2) If the school is located in a public school unit that is not 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, the following shall apply:

"a. If the public school unit's scheduled calendar will already meet 185 instructional days or 1025 instructional hours, no additional days or hours for that school are required to comply with G.S. 115C-84.2 .

"b. For all other schools, for days missed in excess of two days, in the discretion of its governing body, the public school unit may do either or a combination of the following:

"1. Make up any number of the instructional days or equivalent hours missed.

"2. Deem as completed any number of the instructional days or equivalent hours missed.

"For the purposes of this act, "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 2018-135, 3rd Ex. Sess., s. 1.2, provided for compensation for teachers and school employees in public schools that missed instructional days due to Hurricane Florence, and Session Laws 2018-135, 3rd Ex. Sess., s. 1.3, required a report, due March 15, 2019, from the Superintendent of Public Instruction to the chairs of the House of Representatives Committee on Appropriations and the Senate Appropriations•ase Budget Committee, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division of the General Assembly on instructional days missed due to the hurricane, days made up, days not made up pursuant to the act, and compensation paid under s. 1.2.

Session Laws 2019-248, s. 3, made amendments by Session Laws 2019-248, s. 1(a), effective November 11, 2019, and applicable beginning with schools identified as qualifying schools for the 2019-2020 school year, based on data from the 2018-2019 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, 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. 2.10(a), provides: "Instructional Time Requirements. - A public school unit that provides remote instruction as required by this subsection shall be deemed to have satisfied the minimum days and hours required by G.S. 115C-75.8(d)(9), 115C-84.2(a)(1), 115C-150.12, 115C-218.85(a)(1), 115C-238.53(d), 115C-238.66(1)d., 116-239.8(b)(2)c., and Section 6(e) of S.L. 2018-32 for the 2019-2020 school year. For the purposes of this subsection for the 2019-2020 school year, remote instruction is defined as learning that takes place outside of the traditional school setting using various media and formats, including, but not limited to, video conference, telephone conference, print material, online material, or learning management systems. Each public school unit shall provide remote instruction for the remainder of its scheduled 2019-2020 school year."

Session Laws 2020-3, s. 2.11(a)-(c), as amended by Session Laws 2020-49, s. 3(b), provides: "(a) Remote Instruction Plans. - The governing body of each public school unit shall develop a Remote Instruction Plan (Plan) for the 2020-2021 school year and shall submit its Plan to the State Board no later than July 20, 2020. The purpose of the Plan is to provide a detailed framework for delivering quality remote instruction to all students within the public school unit during the 2020-2021 school year, as provided in subsection (b) of this section. In describing how the public school unit will implement remote instruction, the Plan shall address all of the following:

"(1) Consulting with teachers, administrators and instructional support staff, parents, students, community partners, and other stakeholders in developing the Plan and effectively communicating the Plan to all involved parties.

"(2) Training for teachers and staff on effective use of the remote instruction resources utilized by the public school unit and the process for student submission of completed work. The Plan shall identify any learning management system, online instructional resource, or offline instructional resource that will be made available to all students in a grade-level across the public school unit.

"(3) Defining and clearly communicating staff roles and expectations for remote instruction days, including teacher workdays, teacher accessibility, and noncertified staff workdays and responsibilities. The Plan may include variances for staff expectations when remote instruction days are also used as teacher workdays.

"(4) Surveying student and teacher home connectivity and providing for remote instruction that is appropriate for teachers and students with limited connectivity capability, including the opportunity for students to download remote learning materials in advance when practicable.

"(5) Engaging with community partners on services that parents and students can utilize on remote instruction days, including community partners willing to provide free broadband access or connectivity for remote instruction and community partners with child care options, and communicating remote instruction schedules with those partners.

"(6) Developing effective design and delivery of remote instruction lessons within professional learning communities.

"(7) Teaching and practice opportunities for students on accessing and using remote instruction platforms and methods, including how to locate, complete, and submit assignments. The Plan shall include regular opportunities for students to use the platforms and methods during nonremote instruction days to ensure student success during remote instruction.

"(8) Communicating learning targets to students on each remote instruction day and ensuring that lesson design provides instructional time, practice, and application components to demonstrate learning. The Plan shall include a process for monitoring the quality of remote instruction materials.

"(9) Ensuring that remote instructional time, practice, and application components support learning growth that continues towards mastery of the standard course of study. The Plan shall include work measurement guidelines appropriate to each grade level, including deadlines for submission of assignments and methods to assess and grade learning during remote instruction.

"(10) Ensuring that students with disabilities have equal access to the remote instruction provided by their public school units and that remote instruction is provided in a manner consistent with each student's individualized education program (IEP) or 504 plan. Remote learning day supports shall be considered and included, as appropriate for the student, when an IEP or 504 plan is initially developed or at any subsequent review or revision of an IEP or 504 plan.

"(11) Tracking and reporting attendance on remote instruction days, including protocols for determining attendance, the reporting system to be used, and how attendance procedures will be communicated to parents before remote instruction begins.

"(12) Providing online and offline contact options for students to communicate with teachers or staff for remote instruction days that are not used as teacher workdays.

"(13) Providing technology support for students experiencing technical difficulties on remote instruction days.

"(b) School Calendar. - Except as otherwise provided in this subsection, the requirements of G.S. 115C-84.2 , including the requirement that a school calendar consist of 215 days, apply to the 2020-2021 school calendar for local school administrative units. The provisions of this subsection supersede any school calendar adopted by a public school unit prior to the enactment of this Part. For the 2020-2021 school year only, the following applies to the school calendar for public school units:

"(1) Notwithstanding any provisions of G.S. 115C-75.8(d)(9), 115C-84.2(a)(1), 115C-150.12, 115C-218.85(a)(1), 115C-238.53(d), 115C-238.66(1)d., 116-239.8(b)(2)c., and Section 6(e) of S.L. 2018-32 to the contrary, each public school unit shall adopt a calendar that includes 190 days of instruction as follows:

"a. 185 days or 1,025 hours of instruction that include five remote instruction days in accordance with the Plan developed pursuant to subsection (a) of this section. Each of the five remote instruction days may be scheduled in the discretion of the public school unit, except as provided in subdivision (2) of this subsection.

"b. An additional five instructional days that shall be satisfied only by five individually separate and distinct full instructional days and not by an accumulation of instructional hours.

"(2) Notwithstanding any provisions of G.S. 115C-84.2(d) to the contrary, each local school administrative unit shall adopt a school calendar in accordance with the following:

"a. Except for schools defined in subdivision (4) or (6) of Section 2.1 of this Part, an opening date for students of August 17, 2020.

"b. Except for schools defined in subdivision (4) or (6) of Section 2.1 of this Part, a closing date for students no later than June 11, 2021.

"c. No remote instruction day shall be scheduled prior to August 24, 2020, unless the school operates on a year-round or modified calendar schedule. A year-round or modified calendar school shall not schedule a remote instruction day prior to the sixth instructional day of the year-round or modified calendar.

"c1. A local board of education may alter the adopted calendar of a single-track year-round school in a manner that no longer meets the requirements of Section 2.1(6)b. of this act, if both of the following are met:

"1. The local board of education determines the modification is necessary to ensure the health and safety of students.

"2. The altered calendar complies with all other requirements for year-round schools in this section.

"d. Remote instruction days may be scheduled for use as teacher workdays, including as teacher workdays on which teachers may take accumulated vacation leave, provided that remote instruction material is prepared and provided for students to use during the remote instruction days. Local school administrative units may, in their discretion, schedule remote instruction days as teacher workdays to facilitate completion of first semester course exams prior to a winter holiday period. This sub-subdivision only applies to the five remote instruction days scheduled as required by sub-subdivision a. of subdivision (1) of this subsection.

"e. The following apply for a local school administrative unit granted a good cause waiver for the 2020-2021 school year:

"1. The opening date for students shall not be earlier than August 17, 2020, except for schools defined in subdivision (4) or (6) of Section 2.1 of this Part.

"2. Up to an additional five remote instruction days may be used, if those days are (i) provided in accordance with the requirements of this subsection for remote instruction days and (ii) used solely as make-up days for days on which schools have been closed due to inclement weather or other emergency situations.

"(3) If the governing board of a public school unit determines that additional remote instruction beyond the five days required by subdivision (1) of this subsection is needed to ensure the health and safety of students, a public school unit may provide remote instruction in accordance with the Plan developed pursuant to subsection (a) of this section as necessary to satisfy instructional time requirements. The public school unit shall ensure that it is in compliance with all required COVID-19 guidance related to the operation of elementary and secondary schools issued by the State Board of Education, the Department of Public Instruction, and the Department of Health and Human Services.

"(c) Reporting Requirement. - No later than September 15, 2020, the State Board shall report to the Joint Legislative Education Oversight Committee on the implementation of subsection (a) of this section. The State Board shall submit with its report a copy of each Remote Instruction Plan submitted, and the report shall provide a statewide summary that includes the following:

"(1) All online remote instruction resources used by public school units, listed by public school unit.

"(2) All offline remote instruction resources used by public school units, listed by public school unit.

"(3) A list of any public school unit using only offline remote instruction resources.

"(4) The number and percentage of public school units that did and did not provide plans addressing every item required by subsection (a) of this section.

"(5) Strengths, challenges, and trends noted by the State Board in its review of how public school units implement remote instruction.

"(6) Any other data deemed by the State Board to be useful to the Joint Legislative Education Oversight Committee in evaluating the delivery of statewide remote instruction."

Session Laws 2020-3, s. 5, 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.”

Effect of Amendments. - Session Laws 2017-57, s. 7.26E(a), effective July 1, 2017, substituted "innovative school" for "achievement School," "IS operator" for "AS operator," and "ISD" for "ASD" throughout the section.

Session Laws 2018-5, s. 7.20(c), effective July 1, 2018, added subsection (b1).

Session Laws 2019-248, s. 1(a), rewrote the section. For effective date and applicability, see editor's note.

§ 115C-75.9. Management of innovative schools.

1. Direct Management by IS Operator. - An innovative school shall be subject to direct management by an IS operator selected by the State Board of Education, upon the recommendation of the ISD Superintendent, for a five-year contract.
2. Role of IS Operator. - The IS operator shall be authorized to have a direct role in making decisions about school finance, human capital, and curriculum and instruction for the innovative school while developing the leadership capacity in such schools.
3. Assignment to Innovative Schools. - All innovative schools shall remain open to enrollment in the same manner with the same attendance zone as prior to becoming an innovative school. If a local board of education's reassignment of students within the local school administrative unit due to student population changes or openings or closures of other schools impacts the innovative school, the IS operator may appeal to the ISD Superintendent and request a hearing before the State Board of Education regarding the reassignment. Notwithstanding G.S. 115C-366 , the State Board of Education shall, after hearing from both the local board of education and IS operator, determine whether the reassignment of students impacting the innovative school may proceed.
4. Facility and Capital Expenditures. - Facility and capital expenditures shall be provided as follows:
   1. In addition to the transfer of funds as provided in G.S. 115C-75.10 , the local board of education shall be responsible for facility and capital expenditures at the qualifying school.
   2. All IS operators and local boards of education shall enter into an occupancy agreement establishing the terms of occupancy for the IS operator not otherwise addressed in statute. If the parties are unable to reach agreement, either party may petition the State Board of Education to resolve any issues in dispute.
   3. The IS operator shall have first priority in use of the facility for any purpose related to the operation of the innovative school. The local board of education may allow use of the facility by governmental, charitable, civic, or other organizations for activities within the community and may retain any funds received for such use for any time the IS operator has not provided written notice to the local board of its use of the facility during that time for a purpose related to the operation of the innovative school.

      For the purposes of this subsection, facility and capital expenditures include routine maintenance and repair, and capital expenditures include building repair and maintenance, furniture, furnishings, and equipment.

5. Transportation. - The local board of education shall provide transportation of all students assigned to the innovative school in the same manner as provided for other schools in the local school administrative unit in that school year.
6. Memorandums of Understanding for Alternate Arrangements. - Notwithstanding this section, the IS operator, in collaboration with the ISD Superintendent, may elect to enter into a memorandum of understanding for alternate arrangements with the local board of education to address any of the following:
   1. Facility and capital expenditures.
   2. Transportation services.
   3. Services for Children with Disabilities.

      If the IS operator elects to use a memorandum of understanding for alternate arrangements, the IS operator and local board of education shall finalize the memorandum of understanding within 30 days of the initial request by the IS operator. If the parties have not completed the memorandum of understanding within 30 days, the State Board of Education shall resolve any issues in dispute.

7. Student Records. - The local board of education shall make available in a timely fashion all student records to the innovative school at no cost for all students of that school.
8. Innovative School Employees. - The IS operator shall select and hire the school principal for an innovative school in collaboration with the ISD Superintendent. Within the limits of the school budget, the IS operator or its designee shall select staff members in accordance with guidance from the ISD Superintendent. Before finalizing staffing recommendations, the IS operator and the ISD Superintendent or the Superintendent's designee shall interview all existing staff members at the qualifying school and review student growth and performance data for those staff members for whom it is available. Notwithstanding Article 21A of this Chapter, the IS operator and the ISD Superintendent shall be permitted to examine personnel files of existing staff members for the qualifying school. The IS operator shall have the authority to decide whether any administrator, teacher, or staff member previously assigned to a qualifying school selected to become an innovative school shall continue as an employee of the innovative school. Any such employees retained shall become employees of the ISD, unless the IS operator is another local board of education, in which case the employee may become an employee of that board of education with approval of the ISD Superintendent. Except as otherwise provided in this subsection, an employee hired to work in an innovative school shall be an employee of the ISD, and the employees shall be under the exclusive control of the ISD. All employees of the ISD shall be eligible for enrollment in the Teachers' and State Employees' Retirement System of North Carolina, the State Health Plan, and other benefits available to State employees. The IS operator shall provide funds to the ISD in an amount sufficient to provide salary and benefits for employees of the ISD working in the innovative school based on the terms of employment established by the IS operator. If a teacher at a qualifying school selected to become an innovative school has career status under G.S. 115C-325 prior to employment to teach at that innovative school, the teacher may return with career status to a public school in the local school administrative unit where the innovative school is located upon the end of employment at the innovative school, if an appropriate position is available. If an appropriate position is unavailable, the teacher's name shall be placed on a list of available teachers in accordance with G.S. 115C-325 (e)(2).
9. Criminal History Checks. - The State Board of Education shall require applicants for employment with the ISD to be checked for criminal histories using the process provided in G.S. 115C-332 . The State Board of Education shall provide the criminal history it receives to the ISD Superintendent and IS operator.
10. Employees of Local Board of Education. - The transfer of a qualifying school shall be deemed a reorganization of the local school administration unit resulting in a reduction in force. If an employee is not given the option to continue as an employee for the innovative school, the local board of education may, in its discretion, do any of the following:
    1. Continue the employee's employment with the local board of education.
    2. Dismiss the employee due to a reduction in force as provided in Article 22 of this Chapter.
    3. Dismiss the employee as otherwise provided in Article 22 of this Chapter.
11. Liability Insurance. - The IS operator shall maintain reasonable amounts and types of liability insurance as established by the State Board of Education. No civil liability shall attach to the State Board of Education, the Department of Public Instruction, the ISD Superintendent, or a local board of education or to any of their members or employees, individually or collectively, for any acts or omissions of the IS operator.
12. School Nutrition Program. - The innovative school shall participate in the National School Lunch Program, as provided in G.S. 115C-264 .
13. Cooperation with ISD Superintendent. - The local board of education shall cooperate with the ISD Superintendent in carrying out his or her powers and duties as necessary in accordance with this Chapter.
14. School-Based Mental Health Plan Required. - An innovative school shall adopt a school-based mental health plan, including a mental health training program and suicide risk referral protocol, in accordance with G.S. 115C-376.5 .

(2016-110, s. 1; 2017-57, s. 7.26E(a), (f); 2017-102, s. 48(i); 2018-5, s. 7.20(b); 2018-145, s. 27(b); 2019-248, s. 1(a); 2020-7, s. 1(b).)

Editor's Note. - Session Laws 2016-110, s. 7, provides: "This act becomes effective only if funds are appropriated by the Current Operations Appropriations Act of 2016 for the Achievement School District." The appropriation was made in the reserve for pending legislation in the budget bill.

Session Laws 2016-110, s. 8, as amended by Session Laws 2017-57, s. 7.26E(f), as amended by Session Laws 2018-145, s. 27(b), and as amended by Session Laws 2019-248, s. 1(f), provides: "This act is effective when it becomes law [July 22, 2016] and supervision of innovative schools by the Innovative School District shall begin with the 2018-2019 school year. In the discretion of the State Board of Education (i) the ISD Superintendent may not be required during the 2017-2018 school year to recommend qualifying schools for inclusion in the ISD for the 2018-2019 school year and (ii) the time line for selection of innovative schools for the 2018-2019 school year provided in G.S. 115C-75.7 may be varied, but in no event may the local board of education's decision occur later than April 1, 2018."

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. 39.6, is a severability clause.

Session Laws 2019-248, s. 3, made amendments by Session Laws 2019-248, s. 1(a), effective November 11, 2019, and applicable beginning with schools identified as qualifying schools for the 2019-2020 school year, based on data from the 2018-2019 school year.

Effect of Amendments. - Session Laws 2017-57, s. 7.26E(a), effective July 1, 2017, substituted "innovative school" for "achievement School," "IS operator" for "AS operator," and "ISD" for "ASD" throughout the section; and made minor stylistic changes.

Session Laws 2017-102, s. 48(i), effective July 12, 2017, substituted "G.S. 115C-332" for "G.S. 115C-297.1" in subsection (i).

Session Laws 2018-5, s. 7.20(b), effective July 1, 2018, added the last sentence in subsection (a).

Session Laws 2019-248, s. 1(a), deleted the former last sentence of subsection (a), which read: "In the event that temporary management is necessary due to contract termination, lack of a qualified IS operator under G.S. 115C-75.8(b1) , or other unforeseen emergency, the ISD is authorized to act as an IS operator."; in subsection (f), substituted "consultation" for "collaboration"; and in subsection (h), inserted "in collaboration with the ISD Superintendent" in the first sentence, inserted "unless the IS operator is another local board of education, in which case the employee may become an employee of that board of education with approval of the ISD Superintendent. Except as otherwise provided in this subsection" and added the last two sentences. For effective date and applicability, see editor's note.

Session Laws 2020-7, s. 1(b), effective June 8, 2020, added subsection (n).

§ 115C-75.10. Innovative schools funds.

1. Funding Allocation Selection. - State and local funding for an innovative school shall be allocated as provided in subsection (b) or subsection (c) of this section. The IS operator shall select one of the allocation methods as the method to be used for the innovative school.
2. Designated Funding. - Funding shall be allocated to the ISD for the innovative school by the State Board of Education and local board of education as follows:
   1. The State Board of Education shall allocate the following to the ISD for each innovative school:
      1. An amount equal to the average per pupil allocation for average daily membership from the local school administrative unit allotments in which the innovative school was located for each child attending the innovative school except for the allocations for (i) children with disabilities, (ii) children with limited English proficiency, and (iii) transportation. The State Board of Education shall provide the allocation for transportation to the local school administrative unit in which the innovative school is located.
      2. An additional amount for each child attending the innovative school who is a child with disabilities.
      3. An additional amount for children with limited English proficiency attending the innovative school, based on a formula adopted by the State Board of Education.
   2. The local school administrative unit in which the innovative school is located shall transfer to the ISD for the innovative school an amount equal to the per pupil share of the local current expense fund of the local school administrative unit for the fiscal year. The per pupil share of the local current expense fund shall be transferred to the ISD for the innovative school within 30 days of the receipt of monies into the local current expense fund. The local school administrative unit and ISD may use the process for mediation of differences between the State Board of Education and a charter school provided in G.S. 115C-218.95(d) to resolve differences on calculation and transference of the per pupil share of the local current expense fund. The amount transferred under this subsection that consists of revenue derived from supplemental taxes shall be transferred only to an innovative school located in the tax district for which these taxes are levied and in which the student resides. The local school administrative unit shall also provide the ISD with all of the following information within the 30-day time period provided in this subsection:
      1. The total amount of monies the local school administrative unit has in each of the funds listed in G.S. 115C-426(c) .
      2. The student membership numbers used to calculate the per pupil share of the local current expense fund.
      3. How the per pupil share of the local current expense fund was calculated.
      4. Any additional records requested by the ISD from the local school administrative unit in order for the ISD to audit and verify the calculation and transfer of the per pupil share of the local current expense fund.
3. Funding Memorandum of Understanding. - The IS operator, in collaboration with the ISD Superintendent, may enter into a funding memorandum of understanding with the local board of education of the local school administrative unit where the innovative school is located for all student support and operational services and instructional services to be provided by the local board of education in the same manner and degree as in the prior school year or funding in an amount equivalent to the amount the local board of education would have expended on those services if provided. For the purposes of this subsection, student support and operational services include cafeteria services, custodial services, broadband and utilities, and student information services, and instructional services include alternative education, special education services, test administration services, textbooks, technology, media resources, instructional equipment, and other resources. The IS operator and local board of education shall finalize the funding memorandum of understanding within 30 days of the initial request for the memorandum by the IS operator. If the parties have not completed the funding memorandum of understanding within 30 days, the State Board of Education shall resolve any issues in dispute.
4. The ISD may seek, manage, and expend federal money and grants, State funding, municipal funding, and other funding with the same authority as a local school administrative unit, including decisions related to allocation of State funds among innovative schools, and shall be considered a local school administrative unit for all federal funding purposes.

(2016-110, s. 1; 2017-57, s. 7.26E(a), (f); 2018-5, s. 38.8(c); 2018-145, s. 27(b); 2019-248, s. 1(a).)

Editor's Note. - Session Laws 2016-110, s. 7, provides: "This act becomes effective only if funds are appropriated by the Current Operations Appropriations Act of 2016 for the Achievement School District." The appropriation was made in the reserve for pending legislation in the budget bill.

Session Laws 2016-110, s. 8, as amended by Session Laws 2017-57, s. 7.26E(f), as amended by Session Laws 2018-145, s. 27(b), and as amended by Session Laws 2019-248, s. 1(f), provides: "This act is effective when it becomes law [July 22, 2016] and supervision of innovative schools by the Innovative School District shall begin with the 2018-2019 school year. In the discretion of the State Board of Education (i) the ISD Superintendent may not be required during the 2017-2018 school year to recommend qualifying schools for inclusion in the ISD for the 2018-2019 school year and (ii) the time line for selection of innovative schools for the 2018-2019 school year provided in G.S. 115C-75.7 may be varied, but in no event may the local board of education's decision occur later than April 1, 2018."

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. 39.6, is a severability clause.

Session Laws 2019-248, s. 3, made the amendments by Session Laws 2019-248, s. 1(a), effective November 11, 2019, and applicable beginning with schools identified as qualifying schools for the 2019-2020 school year, based on data from the 2018-2019 school year.

Effect of Amendments. - Session Laws 2017-57, s. 7.26E(a), effective July 1, 2017, substituted "innovative school" for "achievement School," "IS operator" for "AS operator," and "ISD" for "ASD" throughout the section; and added "and shall be considered a local school administrative unit for all federal funding purposes" at the end of subsection (d).

Session Laws 2018-5, s. 38.8(c), inserted "municipal funding" in subsection (d). For effective date and applicability, see editor's note.

Session Laws 2019-248, s. 1(a), substituted "collaboration" for "consultation" near the beginning of subsection (c). For effective date and applicability, see editor's note.

§ 115C-75.11. Accountability and governance for innovative schools.

1. The IS operator shall set clear goals related to higher academic outcomes for students, safe and positive learning environments for children, parent and community engagement, and the efficient and effective use of taxpayer dollars, empower and equip teachers and school leaders to meet the goals, and hold such teachers and school leaders accountable to meet the goals. The IS operator shall apply to the ISD Superintendent for appropriate waivers for the innovative school pursuant to G.S. 115C-75.7(e) .
2. The IS operator, in collaboration with the ISD Superintendent, shall select, approve, or remove the school principal of an innovative school that it is managing in accordance with this Article.
3. The IS operator shall enter into an agreement with the school principal regarding specific goals for the innovative school related to higher academic outcomes for students, safe and positive learning environments for children, parent and community engagement, and the efficient and effective use of taxpayer dollars. The agreement shall be made publicly available on the ISD Web site.
4. An innovative school shall not be included in any State evaluation or performance models used for the local school administrative unit in which the school is located but shall be considered a part of the ISD for all evaluation purposes.

(2016-110, s. 1; 2017-57, s. 7.26E(a), (f); 2018-145, s. 27(b); 2019-248, s. 1(a).)

Editor's Note. - Session Laws 2016-110, s. 7, provides: "This act becomes effective only if funds are appropriated by the Current Operations Appropriations Act of 2016 for the Achievement School District." The appropriation was made in the reserve for pending legislation in the budget bill.

Session Laws 2016-110, s. 8, as amended by Session Laws 2017-57, s. 7.26E(f), as amended by Session Laws 2018-145, s. 27(b), and as amended by Session Laws 2019-248, s. 1(f), provides: "This act is effective when it becomes law [July 22, 2016] and supervision of innovative schools by the Innovative School District shall begin with the 2018-2019 school year. In the discretion of the State Board of Education (i) the ISD Superintendent may not be required during the 2017-2018 school year to recommend qualifying schools for inclusion in the ISD for the 2018-2019 school year and (ii) the time line for selection of innovative schools for the 2018-2019 school year provided in G.S. 115C-75.7 may be varied, but in no event may the local board of education's decision occur later than April 1, 2018."

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. 39.6, is a severability clause.

Session Laws 2019-248, s. 3, made amendments by Session Laws 2019-248, s. 1(a), effective November 11, 2019, and applicable beginning with schools identified as qualifying schools for the 2019-2020 school year, based on data from the 2018-2019 school year.

Effect of Amendments. - Session Laws 2017-57, s. 7.26E(a), effective July 1, 2017, substituted "innovative school" for "achievement School," "IS operator" for "AS operator," and "ISD" for "ASD" throughout the section.

Session Laws 2019-248, s. 1(a), substituted "operator, in collaboration with the ISD Superintendent" for "operator" in subsection (b). For effective date and applicability, see editor's note.

§ 115C-75.12. Term of supervision for an innovative school.

1. An innovative school shall remain under the supervision of the ISD for a minimum of five consecutive years through a contract with an IS operator. The following shall apply to the term of a contract with an IS operator of an innovative school:
   1. Early termination of contract based on performance. - If, during the five-year contract, the innovative school's annual percentage growth does not exceed the average annual percentage growth of other qualifying schools for three consecutive years, the State Board of Education, upon the recommendation of the ISD Superintendent, may terminate the contract at the conclusion of the academic year and select another IS operator in accordance with G.S. 115C-75.8 to assume the remainder of the five-year contract and any occupancy agreements or memorandums of understanding with the local board of education at the beginning of the next academic year.
   2. Nonrenewal of contract based on performance. - If, by the end of the five-year contract, the innovative school's average annual percentage growth during the term of the contract does not exceed the average annual percentage growth of other qualifying schools during the same term, the State Board of Education shall not renew the contract of the IS operator and develop a transition plan to return the school to the local school administrative unit.
   3. State Board of Education optional extension of contract for three years. - If, by the end of the five-year contract, the innovative school remains a qualifying school but has exceeded the average annual percentage growth of other qualifying schools and has shown growth over the term of the contract, the State Board of Education, upon the recommendation of the ISD Superintendent in his or her discretion, may continue the contract with the IS operator for an additional three-year term. The ISD Superintendent and IS operator shall engage the school, the school community, and the school's local board of education in developing a transition plan for the school to leave the supervision of the ISD at the conclusion of the three-year extension of the contract. If the State Board of Education does not elect to continue the contract, the State Board of Education may do any of the following:
      1. Select another IS operator for a three-year contract.
      2. Close the school as provided in subdivision (2) of this subsection.
      3. Develop a transition plan to return the school to the local school administrative unit for the next school year.
   4. IS operator option to extend contract for three years. - If, by the end of the five-year contract, the innovative school receives a grade of C or higher under G.S. 115C-12(9)c1., the IS operator shall have the option to extend the contract for another three-year term. The ISD Superintendent and IS operator shall engage the school, the school community, and the school's local board of education in developing a transition plan for the school to leave the supervision of the ISD at the conclusion of the three-year extension of the contract. Options at the conclusion of the contract shall include the following:
      1. Conversion to charter. - If, in the development of the transition plan, a local board of education indicates by resolution to the State Board of Education that the local board of education elects to not receive the transfer of the innovative school back to the local school administrative unit, the IS operator may apply to convert the school to a charter school under Article 14A of this Chapter. If a charter is awarded, the charter board of directors may request to use the facility as provided in G.S. 115C-218.35 . If the IS operator does not seek conversion to a charter school or fails to receive a charter, the State Board of Education may close the school as provided in subdivision (2) of this subsection.
      2. Alternate as operator or return to local school administrative unit. - If the IS operator does not elect to continue the contract, the State Board of Education may select another IS operator for a three-year contract or may develop a transition plan to return the school to the local school administrative unit for the next school year.
   5. Termination of contract on other grounds. - The State Board of Education, upon the recommendation of the ISD Superintendent, may terminate a contract with an IS operator at any time during the contract for financial mismanagement, noncompliance with federal or State laws, failure to comply with the terms of the contract, or evidence of criminal activity. The State Board of Education shall develop a transition plan to return the school to the local school administrative unit.
2. An innovative school shall remain under the supervision of the ISD for no more than eight years.
3. The State Board of Education shall make all decisions related to contracts for IS operators no later than May 1, except as provided in subdivision (5) of subsection (a) of this section.

(2016-110, s. 1; 2017-57, s. 7.26E(a), (f); 2018-5, s. 7.20(d); 2018-145, s. 27(b); 2019-248, s. 1(a).)

Editor's Note. - Session Laws 2016-110, s. 7, provides: "This act becomes effective only if funds are appropriated by the Current Operations Appropriations Act of 2016 for the Achievement School District." The appropriation was made in the reserve for pending legislation in the budget bill.

Session Laws 2016-110, s. 8, as amended by Session Laws 2017-57, s. 7.26E(f), as amended by Session Laws 2018-145, s. 27(b), and as amended by Session Laws 2019-248, s. 1(f), provides: "This act is effective when it becomes law [July 22, 2016] and supervision of innovative schools by the Innovative School District shall begin with the 2018-2019 school year. In the discretion of the State Board of Education (i) the ISD Superintendent may not be required during the 2017-2018 school year to recommend qualifying schools for inclusion in the ISD for the 2018-2019 school year and (ii) the time line for selection of innovative schools for the 2018-2019 school year provided in G.S. 115C-75.7 may be varied, but in no event may the local board of education's decision occur later than April 1, 2018."

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. 39.6, is a severability clause.

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 2019-248, s. 3, made amendments by Session Laws 2019-248, s. 1(a), effective November 11, 2019, and applicable beginning with schools identified as qualifying schools for the 2019-2020 school year, based on data from the 2018-2019 school year.

Effect of Amendments. - Session Laws 2017-57, s. 7.26E(a), effective July 1, 2017, substituted "innovative school" for "achievement School," "IS operator" for "AS operator," and "ISD" for "ASD" throughout the section.

Session Laws 2018-5, s. 7.20(d), effective July 1, 2018, added the last sentence in subdivision (a)(5).

Session Laws 2019-248, s. 1(a), deleted the former last sentence of subdivision (a)(5), which read: "The ISD is authorized to act as a temporary IS operator during the transition period, if necessary." For effective date and applicability, see editor's note.

§ 115C-75.13. Innovation zones.

1. If a local board of education transfers a qualifying school to the ISD, the local board of education may ask the State Board of Education to be allowed to create an innovation zone (i) for up to three low-performing schools within its local school administrative unit or (ii) if the local school administrative unit has more than thirty-five percent (35%) of the schools identified in the unit as low-performing, for some or all of the low-performing schools located in the unit.

   The State Board of Education shall grant, upon recommendation of the ISD Superintendent, such requests for the creation of an innovation zone. The State Board of Education shall also authorize the local board of education the flexibility to operate the schools within the innovation zone with the same exemptions from statutes and rules as a charter school authorized under Article 14A of this Chapter and with exemptions from local board of education policies as needed to ensure autonomy under the guidance of the innovation zone office for financial, programmatic, staffing, and time allocation decisions.

2. The innovation zone created by a local board of education must include all of the following:
   1. Development of a clear and specific plan for improving schools within the innovation zone.
   2. Establishment of an innovation zone office with a leader selected in consultation with the ISD Superintendent to be appointed by the local board of education and approved by the State Board of Education to govern and lead the schools in the innovation zone.
   3. Attraction of high-quality staff at schools in the innovation zone through the use of incentives, favorable working conditions, and development of partnerships to develop human capital.
   4. Accountability for those schools based on established benchmarks and goals for student achievement and for support services provided by the local school administrative unit based on metrics established by the innovation zone office for effective and efficient delivery.
   5. Support for those schools by the innovation zone office to ensure priority in services from the local school administrative unit, pursuit of outside funding, and technical support, including support from external partners.
3. A local board of education may maintain an innovation zone created as provided in subsection (a) for up to five consecutive years. The State Board of Education may terminate the innovation zone as follows:
   1. Early termination of innovation zone based on performance. - If, during the five-year period, the average of the annual percentage growth of the schools within the innovation zone does not exceed the average annual percentage growth of other low-performing schools for three consecutive years, the State Board of Education, upon the recommendation of the ISD Superintendent, may terminate the innovation zone at the conclusion of the academic year.
   2. Nonrenewal of innovation zone based on performance. - If, by the end of the five-year period, the average annual percentage growth of the schools within the innovation zone over the five-year period does not exceed the average annual percentage growth of other low-performing schools during the same term, the State Board of Education shall not permit the local board of education to continue the innovation zone.
   3. State Board of Education optional extension of innovation zone for three years. - If, by the end of the five-year period, the schools within the innovation zone remain low-performing schools but have exceeded the average annual percentage growth of other low-performing schools, the State Board of Education, upon the recommendation of the ISD Superintendent in his or her discretion, may allow continuation of the innovation zone for an additional three years.
   4. Local board of education option to extend innovation zone for three years. - If, by the end of the five-year period, the schools within the innovation zone receive a grade of C or higher under G.S. 115C-12(9)c1., the local board of education shall have the option to extend the innovation zone for another three years.
4. Repealed by Session Laws 2019-248, s. 1(a), effective November 11, 2019.

(2016-110, s. 1; 2017-57, s. 7.26E(a), (f); 2018-145, s. 27(b); 2019-248, s. 1(a).)

Editor's Note. - Session Laws 2016-110, s. 4, as amended by Session Laws 2017-57, s. 7.26E(d), provides: "Evaluation of the Innovative School District and Other Innovation Models. - The State Board of Education shall contract during the 2017-2018 school year with an independent research organization to evaluate the implementation and effectiveness of the following:

"(1) The Innovative School District in turning around low-performing schools beginning with the 2018-2019 school year through the 2022-2023 school year, including the innovation zone established in Section 4.5 of this act. The State Board of Education shall require IS operators to provide the independent research organization with requested data to conduct the evaluation. The independent research organization shall include an analysis on the impact of public versus private funding in the effectiveness of the Innovative School District.

"(2) Innovation zones in turning around low-performing schools beginning with the 2017-2018 school year through the 2022-2023 school year. The State Board of Education shall require local boards of education granted innovation zones to provide the independent research organization with requested data to conduct the evaluation.

"The independent research organization shall report its interim findings to the State Board of Education annually no later than February 15, beginning in 2018, and shall submit a final report no later than February 15, 2024. The State Board of Education shall provide the report of the independent research commission, along with any recommended legislative changes, to the Joint Legislative Education Oversight Committee annually no later than March 1, beginning in 2018 until submission of the final report in 2024."

Session Laws 2016-110, s. 4.5, provides: "The State Board of Education shall authorize the Charlotte-Mecklenburg (CMS) Board of Education to create an innovation zone among Project LIFT schools and Beacon Initiative schools, as provided in G.S. 115C-75.13 , for the 2017-2018 through 2021-2022 school years. Notwithstanding G.S. 115C-75.13 , the CMS innovation zone may include up to five low-performing schools. For the purposes of this section, Project LIFT schools are those schools within the feeder area for West Charlotte High School governed by the collaborative agreement between the CMS Board of Education and Project Leadership and Investment for Transformation. Beacon Initiative schools are those schools designated by the CMS Board of Education to participate in the Beacon Initiative Partnership between the CMS Board of Education and the University of Virginia."

Session Laws 2016-110, s. 5, as amended by Session Laws 2017-57, s. 7.11(c), provides: "There is appropriated from the General Fund to the Department of Public Instruction four hundred thousand dollars ($400,000) in recurring funds for the 2016-2017 fiscal year for salary and benefits for the ISD Superintendent, staff, and other expenses associated with the ISD. Any funds appropriated for this purpose that are unexpended at the end of the 2016-2017 fiscal year shall not revert but shall remain available for one-time, start-up expenses of the ISD until the end of the 2017-2018 fiscal year. There is appropriated from the General Fund to the Department of Public Instruction five hundred thousand dollars ($500,000) for the 2016-2017 fiscal year to contract with an independent research organization to conduct the evaluation required in Section 4 of this act. Funds appropriated to the Department of Public Instruction for the 2016-2017 fiscal year for the evaluation shall not revert at the end of the fiscal year but shall remain available until expended."

Session Laws 2016-110, s. 6, as amended by Session Laws 2017-57, s. 7.26E(e), and Session Laws 2018-97, s. 2.13, provides: "Beginning with the 2018-2019 fiscal year, from the funds appropriated to the Department of Public Instruction each fiscal year for the award of innovation zone model grants, the State Board of Education shall, upon recommendation of the ISD Superintendent, award innovation zone model grants of up to one hundred fifty thousand dollars ($150,000) per fiscal year for five years to local boards of education who (i) have been authorized to adopt the innovation zone model by the State Board of Education for up to three schools or for a local school administrative unit with more than thirty-five percent (35%) of schools within the unit identified as low-performing and (ii) provide a dollar-for-dollar match with non-State funding for the requested grant amount. Innovation zone model grants shall be directed by local boards of educations to the innovation zone office to address specific issues in innovation zone schools. Notwithstanding any other provision of law or a provision of the Committee Report described in Section 39.2 of S.L. 2017-57 to the contrary, for the 2018-2019 fiscal year only, the Department may also use these funds to cover the administrative costs of the Innovative School District during the 2018-2019 fiscal year."

Session Laws 2016-110, s. 7, provides: "This act becomes effective only if funds are appropriated by the Current Operations Appropriations Act of 2016 for the Achievement School District." The appropriation was made in the reserve for pending legislation in the budget bill.

Session Laws 2016-110, s. 8, as amended by Session Laws 2017-57, s. 7.26E(f), as amended by Session Laws 2018-145, s. 27(b), and as amended by Session Laws 2019-248, s. 1(f), provides: "This act is effective when it becomes law [July 22, 2016] and supervision of innovative schools by the Innovative School District shall begin with the 2018-2019 school year. In the discretion of the State Board of Education (i) the ISD Superintendent may not be required during the 2017-2018 school year to recommend qualifying schools for inclusion in the ISD for the 2018-2019 school year and (ii) the time line for selection of innovative schools for the 2018-2019 school year provided in G.S. 115C-75.7 may be varied, but in no event may the local board of education's decision occur later than April 1, 2018."

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 2019-248, s. 3, made amendments by Session Laws 2019-248, s. 1(a), effective November 11, 2019, and applicable beginning with schools identified as qualifying schools for the 2019-2020 school year, based on data from the 2018-2019 school year.

Effect of Amendments. - Session Laws 2017-57, s. 7.26E(a), effective July 1, 2017, substituted "ISD" for "ASD" throughout the section; in subsection (a), inserted "(i)" and added clause (ii) in the first paragraph and inserted "upon recommendation of the ISD Superintendent" in the second paragraph; in subdivision (b)(2), inserted "recommended by the ISD Superintendent to be"; and added subsection (d).

Session Laws 2019-248, s. 1(a), in subsection (a), deleted "continually" after "three"; added "unit" before "or (ii)"; added "some or" after "low-performing, for"; in subdivision (b)(2), substituted "recommended by" for "selected in consultation with"; deleted "continually" throughout subsection (c); and deleted subsection (d), which read: "A low-performing school in an innovation zone, created as provided in clause (ii) of subsection (a) of this section, shall become an innovative school if that low-performing school does not exceed expected growth in the last two years of the five consecutive years in the innovation zone." For effective date and applicability, see editor's note.

§§ 115C-76 through 115C-80: Reserved for future codification purposes.

§§ 115C-81 through 115C-81.4: Repealed by Session Laws 2017-126, ss. 1-4, effective July 20, 2017.

(G.S. 115C-181: 1955, c. 1372, art. 5, s. 20; art. 23, ss. 1, 5, 6; 1957, cc. 845, 1101; 1969, c. 487, ss. 1, 2; 1971, c. 356; 1973, c. 476, s. 128; 1975, c. 65, ss. 1, 2; 1977, 2nd Sess., c. 1256, s. 1; 1981, c. 423, s. 1; 1983, c. 656, s. 2; 1983 (Reg. Sess., 1984), c. 1034, s. 81; c. 1103, s. 2; 1985, c. 479, ss. 55(c)(1), 55(c)(2); 1987, c. 630; c. 738, ss. 186(a), 186(b), 187(a); 1989, c. 370; c. 801; 1989 (Reg. Sess., 1990), c. 1066, s. 100; 1991, c. 636, s. 9; c. 689, ss. 196(a), 198; c. 739, s. 11; 1991 (Reg. Sess., 1992), c. 769, s. 1; c. 900, s. 75.1(h); 1993, c. 180, s. 1; c. 321, s. 139(d); c. 359, s. 1; 1993 (Reg. Sess., 1994), c. 769, s. 19.5(a); 1995, c. 371, s. 1; c. 450, ss. 5, 6, 7; c. 507, s. 17.14; c. 509, ss. 61, 62; c. 534, ss. 1, 2, 3; 1995 (Reg. Sess., 1996), c. 716, s. 8.6; 1996, 2nd Ex. Sess., c. 18, ss. 18.17(a), 18.24(a); 1997-18, s. 15(f); 1997-204, s. 2; 1997-273, ss. 1, 2; 1997-422, s. 1; 2001-363, ss. 1, 2(b), 2(d); 2003-284, s. 7.40(a), (b); 2005-155, s. 2; 2005-276, s. 7.59(a); 2006-69, s. 3(a); 2006-264, s. 54(a)-(c); 2007-274, s. 2; 2009-60, s. 1; 2009-213, ss. 2-9; 2009-236, s. 1; 2009-504, s. 1; 2009-541, s. 28(a); 2010-33, s. 1; 2010-35, s. 1; 2011-273, s. 2; 2012-197, s. 1; 2013-71, s. 1; 2013-307, s. 1; 2013-381, s. 12.1(g); 2015-279, ss. 3, 4, 5; 2015-291, s. 1; repealed by Session Laws 2017-126, s. 1, effective July 20, 2017; 2017-57, ss. 7.23H(c), 7.28A(d). G.S. 115C-81.1: 1987, c. 830, s. 88; 1993, c. 180, s. 2; repealed by Session Laws 2017-126, s. 2, effective July 20, 2017; 2017-57, s. 7.23H(d). G.S. 115C-81.2: 1995 (Reg. Sess., 1996), c. 716, ss. 8.1, 8.2, 8.3, 8.4, 8.5(a); 1997-18, s. 15(g); 1997-456, s. 16; repealed by 2012-142, s. 7A.1(a), effective July 2, 2012. G.S. 115C-81.3: 2007-154, s. 1(a); repealed by Session Laws 2017-126, s. 3, effective July 20, 2017. G.S. 115C-81.4: 2009-59, s. 1; repealed by Session Laws 2017-126, s. 4, effective July 20, 2017.)

Cross References. - For present similar provisions pertaining to standard course of study, see G.S. 115C-81.5 .

For present similar provisions pertaining to comprehensive plan for reading achievement, see North Carolina Read to Achieve Program in Part 1A of Art. 8 of Chapter 115C, G.S. 115C-83.1 et seq.

Editor's Note. - Former G.S. 115C-81 pertained to the Basic Education Program.

Former G.S. 115C-81.1 pertained to the Basic Education Program Funds not to supplant local funds for schools.

Former G.S. 115C-81.2 pertained to a comprehensive plan for reading achievement.

Former G.S. 115C-81.3 pertained to instruction in American Sign Language.

Former G.S. 115C-81.4 pertained to science safety requirements.

Session Laws 2017-57, s. 7.23H(c), had amended this section, effective July 1, 2017, by substituting "career and technical education" for "vocational and technical education" twice in subsection (a1). Session Laws 2017-57, s. 7.23H(k), made the amendment to subsection (a1) of this section by Session Laws 2017-57, s. 7.23H(c), applicable beginning with the 2017-2018 school year.

Session Laws 2017-57, s. 7.28A(d), had amended this section, effective July 1, 2017, by adding subdivision (b)(4a) related to standards for early promotion. Session Laws 2017-57, s. 7.28A(e) made the new subdivision (b)(4a) applicable beginning with the 2018-2019 school year.

Former G.S. 115C-81.2 was previously repealed by Session Laws 2012-142, s. 7A.1(a), effective July 2, 2012, and pertained to comprehensive plan for reading achievement.

Session Laws 2017-57, s. 7.23H(d), had amended former G.S. 115C-81.1, effective July 1, 2017, by substituting "career and technical education" for "vocational and technical education" throughout. Session Laws 2017-57, s. 7.23H(k), made the amendment to subsection (a1) of this section by Session Laws 2017-57, s. 7.23H(c), applicable beginning with the 2017-2018 school year.

§ 115C-81.5. Standard course of study.

1. All children can learn. It is the intent of the General Assembly that the mission of the public school community is to challenge with high expectations each child to learn, to achieve, and to fulfill his or her potential. With that mission as its guide, the State Board of Education shall adopt a plan of education and a standard course of study as provided in G.S. 115C-12(9c) for the public schools of the State. It is the intent of the General Assembly that the focus of State educational funding shall be to ensure that each student receives a sound basic education. It is further a goal of the General Assembly to provide supplemental funds to low-wealth counties to allow those counties to enhance the instructional program and student achievement. Instruction shall be offered in the areas of arts, communication skills, physical education and personal health and safety, mathematics, media and computer skills, science, second languages, social studies, and career and technical education. In addition, instruction shall be offered in all of the areas provided in this Part.
2. The standard course of study shall provide all of the following:
   1. A core curriculum for all students that takes into account the special needs of children.
   2. A set of competencies, by grade level, for each curriculum area.
   3. A list of textbooks for use in providing the curriculum.
   4. Standards for student performance and promotion based on the mastery of competencies, including standards for graduation, that take into account children with disabilities and, in particular, include appropriate modifications.
   5. A program of remedial education.
   6. Required support programs.
   7. A definition of the instructional day.
   8. Class size recommendations and requirements.
   9. Prescribed staffing allotment ratios.
   10. Material and equipment allotment ratios.
   11. Facilities guidelines that reflect educational program appropriateness, long-term cost efficiency, and safety considerations.
   12. Any other information the Board considers appropriate and necessary.

(2017-126, s. 5.)

Maternal and Child Health Block Grant. - Session Laws 2012-142, s. 10.25(bb), provides: "(bb) If federal funds are received under the Maternal and Child Health Block Grant for abstinence education, pursuant to section 912 of Public Law 104-193 (42 U.S.C. § 710), for the 2012-2013 fiscal year, then those funds shall be transferred to the State Board of Education to be administered by the Department of Public Instruction. The Department of Public Instruction shall use the funds to establish an abstinence until marriage education program and shall delegate to one or more persons the responsibility of implementing the program and G.S. 115C-81(e1)(4) and (4a). The Department of Public Instruction shall carefully and strictly follow federal guidelines in implementing and administering the abstinence education grant funds."

For prior similar provisions, see Session Laws 2002-126, s. 5.1(f), Session Laws 2004-124, s. 5.1(aa) and (bb), Session Laws 2005-276, s. 5.1(aa) and (bb), Session Laws 2007-323, s. 10.55(bb) and (cc), Session Laws 2008-107, s. 10.17(dd) and (ee), Session Laws 2009-451, s. 10.78(gg) and (hh), Session Laws 2010-31, s. 10.37(gg) and (hh), and Session Laws 2011-145, s. 10.78(cc) through (ee).

Editor's Note. - Session Laws 1985, c. 479, s. 55(c)(8) and (c)(9), provided: "(8) Nothing in this subsection creates any rights except to the extent that funds are appropriated by the State and the units of local government to implement the provisions of this subsection and the Basic Education Program.

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

Session Laws 2013-307, s. 2, provides: "To facilitate the implementation of this act, within 60 days of this act becoming effective and annually thereafter, the Department of Health and Human Services, Division of Public Health, shall provide to the Department of Public Instruction and the Division of Nonpublic Education, Department of Administration, sample educational materials with the most current information available about the preventable risks for preterm birth in subsequent pregnancies, including induced abortion, smoking, alcohol consumption, the use of illicit drugs, and inadequate prenatal care."

Session Laws 2013-307, s. 3, made subdivision (e1)(4)i., as added by Session Laws 2013-307, s. 1, applicable beginning with the 2013-2014 school year.

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

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

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

Session Laws 2013-381, s. 12.1(j), provides, in part: "All voter preregistrations completed and received by the State Board prior to [September 1, 2013] shall be processed and those voters registered, as appropriate."

Session Laws 2020-4, s. 4.2D, as added by Session Laws 2020-80, s. 1.1(e), and as amended by Session Laws 2021-1, s. 3.11, provides: "(a) Program Established. - The Department of Commerce, Office of Science, Technology, and Innovation (Office), shall administer a statewide pilot program (pilot) to promote access to innovative digital and personalized learning solutions for high school students that bridge the gap between chemistry and physical science classes and career and technical education (CTE) career pathways. The local school administrative units shall incorporate the science, technology, engineering, and mathematics (STEM) focused educational software program developed by Plasma Games, Inc., in select STEM classes and their CTE programs to encourage student interest and workforce development for chemistry-dependent industries located in North Carolina, including careers in the pharmaceutical, agricultural technology, biotechnology, textile, material science, energy, minerals and mining, and chemical manufacturing fields. The pilot shall be conducted for the 2020-2021 school year.

"(b) Plans for Pilot Implementation. - A local school administrative unit participating in the pilot shall provide the Office with a plan for the placement of the STEM-focused educational technology developed by Plasma Games, Inc., in its schools. The plan shall include implementation of the educational game as a teaching tool for classroom teachers and a new learning platform for students to increase student engagement and discussion, enrich lessons with real-world applications and purpose in STEM fields, and create moments of connection for students with lasting impact on their career pathways. The plan shall also include provisions for professional development and training for teachers, administrators, and other school personnel to facilitate the implementation and success of the pilot.

"(c) Funds for the Pilot. - The Office shall use the funds allocated in subdivision (62) of Section 3.3 of this act to provide funds to local school administrative units participating in the pilot. These funds shall be used for licensing fees for the educational software, Plasma Games' operating costs, and for implementation of the pilot by the local school administrative units.

"(d) Reporting Requirements. - The local school administrative units participating in the pilot shall provide a report by May 1, 2021, to the Office on implementation of the pilot for that school year, including (i) the use of the funds described in subsection (c) of this section, (ii) the number of students impacted by the pilot and the number of students pursing STEM-related CTE career pathways as a result of the pilot, measured by the number of students declaring interest in a career with a chemistry-dependent industry located in North Carolina and the number of students pursuing higher education in a chemistry-related major or technical certification at a school in North Carolina, (iii) demand and feedback by teachers on the use of the STEM-focused educational technology, and (iv) any other information requested by the Office.

"The Office shall provide a report by June 1, 2021, to the Senate Appropriations Committee on Education/Higher Education; House Appropriations Committee on Education; Senate Appropriations Committee on Agriculture, Natural, and Economic Resources; the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources; and the Fiscal Research Division on the implementation of the pilot and the information reported by participating local school administrative units pursuant to this section. The report shall include any data on student outcomes related to implementation of the pilot, the expenditure of funds described in subsection (c) of this section, and recommendations by the Office on modification of the pilot and the need for continued support."

Session Laws 2020-78, s. 2.5(a), (b), provides: "(a) The State Board of Education shall modify the State graduation requirements to include one required credit in arts education to be completed by each student at any time in grades six through 12.

"The State Board of Education shall implement the arts education graduation requirement beginning with students entering the sixth grade in 2022. The State Board shall include an exemption from the arts education graduation requirement for students transferring into a North Carolina public school beginning in the ninth grade or later, if such requirement would prevent a student from graduating with the graduation cohort to which the student was assigned when transferring.

"(b) The State Board of Education shall do the following:

"(1) Establish procedures and a time line for a phased-in implementation of the arts education graduation requirement.

"(2) Establish the minimum criteria to meet the arts education graduation requirement.

"(3) By December 15, 2022, report to the Joint Legislative Education Oversight Committee on the following:

"a. The statewide implementation of the three interdependent components of comprehensive arts education (arts education, arts integration, and arts exposure).

"b. The graduation requirement set forth in subsection (a) of this section."

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 2005-155, s. 2, effective July 5, 2005, repealed subdivision (a3)(9).

Session Laws 2005-276, s. 7.59(a), effective July 1, 2005, added subsection (i).

Session Laws 2006-69, s. 3(a), effective July 10, 2006, deleted "and includes appropriate modifications for the learning disabled, the academically or intellectually gifted students, and the students with discipline and emotional problems" at the end of subdivision (b)(1); and substituted "disabilities" for "special needs" in (b)(4).

Session Laws 2006-264, ss. 54(a)-(c), effective August 27, 2006, and applicable beginning with the 2007-2008 school year, in subdivision (e1)(1), substituted "HIVIDS" for "Acquired Immune Deficiency Syndrome (AIDS) virus infection" in sub-subdivision (e1)(1)k., and added the last paragraph; in subdivision (e1)(3), substituted "HIVIDS, that include emphasis" for "Acquired Immune Deficiency Syndrome (AIDS) virus infection, that includes emphasis" in the first sentence, inserted "when transmitted through sexual contact" following "sexually transmitted diseases," and substituted "HIVIDS, shall teach how alcohol and drug use lower inhibitions, which may lead to risky sexual behavior" for "Acquired Immune Deficiency Syndrome (AIDS)" in the second sentence, and deleted the former last sentence, which read "Any instruction concerning the causes of sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), in cases where homosexual acts are a significant means of transmission, shall include the current legal status of those acts."; in (e1)(4)d., substituted "when transmitted through sexual contact, including HIVIDS" for "Acquired Immune Deficiency Syndrome (AIDS)"; added the last sentence in subdivision (e1)(8); and substituted "HIVIDS" for "Acquired Immune Deficiency Syndrome (AIDS)" throughout.

Session Laws 2007-274, s. 2, effective July 27, 2007, added subsection (j).

Session Laws 2009-60, s. 1, effective June 5, 2009, added the last paragraph of subsection (b).

Session Laws 2009-213, ss. 2-9, effective June 30, 2009, and applicable beginning with the 2010-2011 school year, in subdivision (e1)(1)1., substituted "Reproductive health and safety education" for "Abstinence until marriage education"; deleted subdivision (e1)(3); rewrote subdivision (e1)(4); added subdivision (e1)(4a); in subdivision (e1)(5), substituted "reproductive health and safety education" for "abstinence until marriage"; deleted subdivision (e1)(6); in subdivision (e1)(7), substituted "or (ii) a reproductive health and safety" for "(ii) an abstinence until marriage program, or (iii) a comprehensive sex"; and added subdivision (e1)(11).

Session Laws 2009-236, s. 1, effective June 30, 2009, and applicable beginning with the 2010-2011 school year, rewrote subsection (b1).

Session Laws 2009-504, s. 1, effective August 26, 2009, and applicable beginning with the 2011-2012 school year, in subsection (i), deleted "during the high school years" at the end of the first sentence and added the second sentence in the first paragraph, and, in the second paragraph, inserted "other" in the first sentence and substituted "into which courses and grade levels the personal financial literacy curriculum shall be integrated" for "in which course the new personal financial literacy curriculum can be integrated" at the end of the second sentence.

Session Laws 2009-541, s. 28(a), effective January 1, 2010, added "including instruction on voter registration and preregistration" at the end of subdivision (g1)(1)b.

Session Laws 2010-33, s. 1, effective July 1, 2010, in the last paragraph in subsection (b), deleted "prior to July 1, 2011" following "graduation from high school."

Session Laws 2010-35, s. 1, effective July 1, 2010, added subsection (e2).

Session Laws 2011-273, s. 2, effective June 23, 2011, and applicable beginning with the 2014-2015 school year, rewrote subdivision (g)(1), which formerly read: "Local boards of education shall require during the high school years the teaching of the nation's founding and related documents, which shall include at least the major principles in the Declaration of Independence, the United States Constitution and its amendments, and the most important of the Federalist Papers"; added subdivisions (g)(1)a. through j.; deleted subdivisions (g)(2) and (3), which pertained to duty of local boards of education to require high school students to demonstrate knowledge and understanding of the nation's founding in order to receive a certificate or diploma of graduation from high school; in subdivision (g)(4), substituted "beginning with the 2014-2015 academic year" for "beginning with academic year 1990-91" and inserted "philosophical foundations of our form of government and the principles underlying the"; in subdivision (g)(5), deleted "State" preceding "Department" and substituted "shall provide or cause to be provided curriculum content for the semester course required in subdivision (1) of this subsection and teacher training" for "shall establish curriculum content and provide for teacher training"; and added subdivision (g)(6).

Session Laws 2012-197, s. 1, effective July 26, 2012, made minor punctuation changes throughout subsection (e1), in subdivision (e1)(1)j, deleted "become proficient in order to" preceding "pass a test," and added the last three sentences; in subdivision (e1)(1) l , deleted "and" from the end.

Session Laws 2013-71, s. 1, effective June 12, 2013, added subsections (k) and ( l ). For applicability, see Editor's note.

Session Laws 2013-307, s. 1, effective July 18, 2013, added subdivision (e1)(4)i. For applicability, see Editor's note.

Session Laws 2013-381, s. 12.1(g), effective September 1, 2013, deleted "and preregistration" at the end of subdivision (g1)(1)b.

Session Laws 2015-279, s. 3, effective October 20, 2015, rewrote the last sentence of subdivision (e1)(4)(i). For applicability, see editor's note.

Session Laws 2015-279, s. 4, effective October 20, 2015, added subdivision (e1)(4a)(d); and added the next-to-last sentence of the second undesignated paragraph of subdivision (e1)(4a). For applicability, see editor's note.

Session Laws 2015-291, s. 1, effective October 29, 2015, rewrote the introductory paragraph of subdivision (g)(1); added subdivisions (g)(1)(k) through (g)(1)(m); and, in subdivision (g)(4), inserted "for the course required in subdivision (1) of this subsection" near the beginning, and substituted "2016-2017" for "2014-2015" near the middle. For applicability, see editor's note.

Legal Periodicals. - For comment, "The State and Sectarian Education: Regulation to Deregulation," see 1980 Duke L.J. 801 (1980).

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 1997 legislative survey, see 20 Campbell L. Rev. 409 (1998).

For a note discussing the effect of Leandro v. State, 346 N.C. 336 , 488 S.E.2d 249 (1997), on equal school funding, see 33 Wake Forest L. Rev. 745 (1998).

For comment, "Written in Stone; Why Renewed Attempts to Post the Ten Commandments in Public Schools Will Likely Fail," see 81 N.C.L. Rev. 801 (2003).

For article, "In Defense of Voluntary Desegregation: All Things are not Equal," see 44 Wake Forest L. Rev. 107 (2009).

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, "Individual Sovereignty, Freer Sex, and Diminished Privacy: How an Informed and Realistic Modern Sexual Morality Provides Salvation from Unjustified Shame," see 8 Elon L. Rev. 245 (2016).

Opinions of Attorney General

Scope of Regulation. - The section regulates instruction within the comprehensive school health education program whether conducted on or off campus but not after-school activities or unrelated instruction or materials such as those provided by a nurse engaged in providing medical assistance to a student. See opinion of Attorney General to Richard L. Thompson, Deputy State Superintendent, Department of Public Instruction, 1997 N.C.A.G. 63 (11/3/97).

Release to Attend Private School. - Local boards of education have the discretionary authority to release students from school for a part of the school day to attend a private school so long as the private school meets compulsory attendance requirements. A school board that elects to deny such permission does not violate the constitutional rights of parents or students. A board that elects to grant such permission should recognize, and should advise parents, that the absence from school may affect the student's academic progress. See opinion of Attorney General to Mr. W. Max Walser, Superintendent, Davidson County Schools, 57 N.C.A.G. 26 (1987.)

Provisions Applicable to Grades 10 through 12. - While the paragraphs of subsection (e1) of this section dealing with the "comprehensive school health education program" apply only to grades kindergarten through nine, there are other provisions in that subsection that would apply to all grades. For example, the duty which subdivision (e1)(3) imposes on the State Board to develop objectives for instruction in the prevention of sexually-transmitted diseases is not limited to the comprehensive school health program required in grades kindergarten through nine. Likewise, the obligation which subdivision (e1)(4) imposes on the State Board to maintain a list of recommended abstinence-until-marriage curricula and materials is not limited to any specific grades. Finally, subdivision (e1)(7) grants parents and guardians the right to review the objectives and materials associated with certain health related programs and withhold their consent to the children's participation in such programs irrespective of the ages or grades of their children. See opinion of Attorney General to Richard L. Thompson, Deputy State Superintendent, Department of Public Instruction, 1997 N.C.A.G. 63 (11/3/97).

Abstinence Education. - By the plain language of the statute, abstinence education is a required part of the comprehensive school health program which must be taught at all schools. See opinion of Attorney General to Richard L. Thompson, Deputy State Superintendent, Department of Public Instruction, 1997 N.C.A.G. 63 (11/3/97).

Comprehensive Sex Education Program. - The section does not limit the circumstances under which an LEA may initiate a comprehensive sex education program. An LEA may decide to offer a comprehensive sex education program whenever the local board of education deems it appropriate. That decision may be in response to a parent's request or a proposal from the superintendent or it may arise from the independent judgment of a member of the board. See opinion of Attorney General to Richard L. Thompson, Deputy State Superintendent, Department of Public Instruction, 1997 N.C.A.G. 63 (11/3/97).

Yearly Public Hearings Not Required. - The provisions of subdivision (e1)(6) of this section do not require local boards of education to conduct public hearings every year before offering a "comprehensive sex education program." If the local board specifically decides to "adopt" such a program on a yearly basis, it must comply with the statute and hold the requisite hearing prior to each annual adoption. The statute, however, does not require the LEA to hold a public hearing on the comprehensive sex education program if the local board does not make changes in the objectives or materials in that program. See opinion of Attorney General to Richard L. Thompson, Deputy State Superintendent, Department of Public Instruction, 1997 N.C.A.G. 63 (11/3/97).

§§ 115C-81.6 through 115C-81.9: Reserved for future codification purposes.

Instruction in career and technical education shall include the following:

1. The integration of academic and career and technical education.
2. A sequential course of study leading to career and college readiness.
3. Increased student work skill attainment and job placement.
4. Increased linkages, where geographically feasible, between public schools and community colleges, so the public schools can emphasize academic preparation and the community colleges can emphasize specific job training.
5. Instruction and experience, to the extent practicable, in all aspects of the industry the students are prepared to enter.

(2017-126, s. 5.)

§§ 115C-81.11 through 115C-81.14: Reserved for future codification purposes.

The State Board of Education shall develop a list of recommended conflict resolution and mediation materials, models, and curricula that address responsible decision making, the causes and effects of school violence and harassment, cultural diversity, and nonviolent methods for resolving conflict, including peer mediation, and shall make the list available to local school administrative units and school buildings. In developing this list, the Board shall emphasize materials, models, and curricula that currently are being used in North Carolina and that the Board determines to be effective. The Board shall include at least one model that includes instruction and guidance for the voluntary implementation of peer mediation programs and one model that provides instruction and guidance for teachers concerning the integration of conflict resolution and mediation lessons into the existing classroom curriculum.

(2017-126, s. 5.)

§§ 115C-81.16 through 115C-81.19: Reserved for future codification purposes.

1. Instruction shall be provided in alcohol and drug use prevention education from kindergarten through high school.
2. The State Board of Education shall develop and maintain a recommended list of alcohol and drug use prevention education materials that include components for teacher training and ongoing assessment and evaluation to verify success and ensure the use of up-to-date information and strategies.
3. The Department of Public Instruction shall do the following:
   1. Work to strengthen instructional offerings in the content and skill areas in which alcohol and drug use prevention education is addressed.
   2. Develop curricular materials and resources that meet, extend, and supplement drug and alcohol education as outlined in the standard course of study and the teacher handbook for the competency-based curriculum.
   3. Recommend to the State Board of Education any drug use prevention education support materials that should be removed from or added to the recommended list of curricular resources developed and maintained by the State Board of Education.
4. Local boards of education may select supplemental alcohol and drug use prevention education materials from the list maintained by the State Board of Education or develop their own supplemental materials to be approved by the State Board of Education.
5. Local boards of education shall do the following:
   1. Implement an approved alcohol and drug use prevention education as a primary part of their comprehensive health education program.
   2. Provide for ongoing evaluation of drug use prevention education resources, to include participation in ongoing evaluations with the Department of Public Instruction.
6. The Department of Public Instruction, in conjunction with local school administrative units, shall provide for professional development to train educators and support personnel to implement a comprehensive alcohol and drug use prevention education program.
7. Sequential, age-appropriate instruction shall be provided that includes all of the following:
   1. Reaches all students in all grades.
   2. Presents a clear and consistent message that the use of alcohol and unlawful drugs and the misuse of other drugs are unhealthy and harmful.
   3. Reflects current research and theory.
   4. Includes all abusable substances.
   5. Utilizes information that is current and accurate.
   6. Involves students in active "hands-on" learning experiences.
   7. Integrates substance abuse education with other health and social issues and other subject and skill areas of the standard course of study.
   8. Promotes understanding and respect for the law and values of society.
   9. Encourages healthy, safe, and responsible attitudes and behaviors.
   10. Includes strategies to involve parents, family members, and the community.
   11. Includes information on intervention and treatment services.
   12. Is continually open to revision, expansion, and improvement.

(2017-126, s. 5.)

§§ 115C-81.21 through 115C-81.24: Reserved for future codification purposes.

1. Comprehensive health education instruction shall be developed and taught to students from kindergarten through ninth grade.
2. The State Board of Education shall do all of the following:
   1. Supervise the development and operation of the statewide comprehensive school health education program, including curriculum development, teacher professional development, promotion of training in teacher preparation programs, learning material review, and assessment and evaluation of local programs in the same manner as for other programs.
   2. Adopt objectives for the instruction of the subject areas listed in this section that are appropriate for each grade level.
   3. Approve textbooks and other materials incorporating these objectives that local school administrative units may purchase with State funds.
3. The State Board of Education, through the Department of Public Instruction, shall, on a regular basis, review materials related to these objectives and distribute these reviews to local school administrative units for their information. This program includes age-appropriate instruction in the following subject areas, regardless of whether this instruction is described as, or incorporated into a description of, "family life education," "family health education," "health education," "family living," "health," "healthful living curriculum," or "self-esteem":
   1. Mental and emotional health.
   2. Drug and alcohol abuse prevention.
   3. Nutrition.
   4. Dental health.
   5. Environmental health.
   6. Family living.
   7. Consumer health.
   8. Disease control.
   9. Growth and development.
   10. First aid and emergency care, including the teaching of cardiopulmonary resuscitation (CPR) and the Heimlich maneuver by using hands-on training with mannequins so that students pass a test approved by the American Heart Association or American Red Cross. For the purposes of this subdivision, schools shall do all of the following:
       1. Use an instructional program developed by the American Heart Association, the American Red Cross, or other nationally recognized programs that is based on the most current national evidence-based emergency cardiovascular care guidelines for CPR.
       2. Maintain documentation in an electronic database that students have successfully completed CPR instruction to meet healthful living essential standards.
       3. Require successful completion of instruction in CPR to be a requirement for high school graduation by the 2014-2015 school year.
   11. Preventing sexually transmitted diseases, including HIV/AIDS, and other communicable diseases. As used in this section, "HIV/AIDS" means Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome.
   12. Reproductive health and safety education.
   13. Bicycle safety.
4. Parental Review. - The State Board of Education shall make available to all local school administrative units for review by the parents and legal guardians of students enrolled at those units any State-developed objectives for instruction, any approved textbooks, the list of reviewed materials, and any other State-developed or approved materials that pertain to or are intended to impart information or promote discussion or understanding in regard to the prevention of sexually transmitted diseases, including HIV/AIDS, to the avoidance of out-of-wedlock pregnancy, or to the reproductive health and safety education curriculum. The review period shall extend for at least 60 days before use.
5. Duty of Local School Administrative Units. - Each local school administrative unit shall provide a comprehensive school health education program that meets all the requirements of this section and all the objectives established by the State Board. Each local board of education may expand on the subject areas to be included in the program and on the instructional objectives to be met.

(2017-126, s. 5.)

Editor's Note. - Session Laws 2018-32, s. 5(a)-(c), provides: "(a) The Department of Public Instruction, under the direction of the State Superintendent and in consultation with the Department of Health and Human Services, Division of Public Health, shall do all of the following:

"(1) Develop content standards for a mental health training program that includes all of the following topics:

"a. Youth mental health.

"b. Suicide prevention.

"c. Substance use.

"d. Sexual abuse prevention.

"e. Sex trafficking prevention.

"(2) Develop a model mental health training program using content and formatting that are evidence based or evidence informed. The model program shall be formatted to enable personnel to satisfy all training requirements through electronic delivery of instruction, videoconferencing, group in person training, or self-study, and shall address one or more of the required topics within a time frame consistent with best practices.

"(3) Develop minimum requirements for a suicide risk referral protocol and develop a model suicide risk referral protocol that provides guidelines on identification of students at risk of suicide, or suspected victims of child abuse, neglect, sexual abuse, or sex trafficking. This model protocol shall include procedures and referral sources that address actions that can or must be taken in response to identification.

"(b) The State Superintendent shall report the content standards for a mental health training program, model mental health training program, minimum requirements for a suicide risk referral protocol, and model suicide risk referral protocol to the Joint Legislative Education Oversight Committee by October 15, 2018.

"(c) The State Board of Education shall repeal its School-Based Mental Health Initiative policy, SHLT-003."

§§ 115C-81.26 through 115C-81.29: Reserved for future codification purposes.

1. Each local school administrative unit shall provide a reproductive health and safety education program commencing in the seventh grade. Materials used in this instruction shall be age-appropriate for use with students. Law enforcement agencies, criminal justice agencies, and nongovernmental organizations with experience in sex-trafficking prevention and awareness may provide materials and information. Information conveyed during the instruction shall be objective and based upon scientific research that is peer reviewed and accepted by professionals and credentialed experts in any of the following fields: sexual health education, adolescent psychology, behavioral counseling, medicine, human anatomy, biology, ethics, or health education. Reproductive health and safety instruction provided by the local school administrative units shall do the following:
   1. Teach that abstinence from sexual activity outside of marriage is the expected standard for all school-age children.
   2. Present techniques and strategies to deal with peer pressure and offering positive reinforcement.
   3. Present reasons, skills, and strategies for remaining or becoming abstinent from sexual activity.
   4. Teach that abstinence from sexual activity is the only certain means of avoiding out-of-wedlock pregnancy, sexually transmitted diseases when transmitted through sexual contact, including HIV/AIDS, and other associated health and emotional problems. As used in this section, "HIV/AIDS" means Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome.
   5. Teach that a mutually faithful monogamous heterosexual relationship in the context of marriage is the best lifelong means of avoiding sexually transmitted diseases, including HIV/AIDS.
   6. Teach the positive benefits of abstinence until marriage and the risks of premarital sexual activity.
   7. Provide opportunities that allow for interaction between the parent or legal guardian and the student.
   8. Provide factually accurate biological or pathological information that is related to the human reproductive system.
   9. Teach about the preventable risks for preterm birth in subsequent pregnancies, including induced abortion, smoking, alcohol consumption, the use of illegal drugs, and inadequate prenatal care.
   10. Teach about sexually transmitted diseases. Instruction shall include how sexually transmitted diseases are and are not transmitted, the effectiveness and safety of all federal Food and Drug Administration (FDA)-approved methods of reducing the risk of contracting sexually transmitted diseases, and information on local resources for testing and medical care for sexually transmitted diseases. Instruction shall include the rates of infection among pre-teen and teens of each known sexually transmitted disease and the effects of contracting each sexually transmitted disease. In particular, the instruction shall include information about the effects of contracting the Human Papilloma Virus, including sterility and cervical cancer.
   11. Teach about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy.
   12. Teach awareness of sexual assault, sexual abuse, and risk reduction. The instruction and materials shall:
       1. Focus on healthy relationships.
       2. Teach students what constitutes sexual assault and sexual abuse, the causes of those behaviors, and risk reduction.
       3. Inform students about resources and reporting procedures if they experience sexual assault or sexual abuse.
       4. Examine common misconceptions and stereotypes about sexual assault and sexual abuse.
   13. Teach about sex trafficking prevention and awareness. Each local school administrative unit shall:
       1. Collaborate with a diverse group of outside consultants where practical, including law enforcement with expertise in sex-trafficking prevention education, to address the threats of sex trafficking.
       2. Collaborate with a diverse group of outside consultants, including law enforcement with expertise in sex trafficking, on a referral protocol for high-risk pupils and minors.
2. Each local board of education shall adopt a policy and provide a mechanism to allow a parent or a legal guardian to withdraw his or her child from instruction required under subdivisions (10) through (13) of subsection (a) of this section.
3. Parental Review and Consent. - Each school year, before students may participate in any portion of (i) a program that pertains to or is intended to impart information or promote discussion or understanding in regard to the prevention of sexually transmitted diseases, including HIV/AIDS, or to the avoidance of out-of-wedlock pregnancy or (ii) a reproductive health and safety education program, whether developed by the State or by the local board of education, the parents and legal guardians of those students shall be given an opportunity to review the objectives and materials as provided in G.S. 115C-81.25(d) . Local boards of education shall adopt policies to provide opportunities either for parents and legal guardians to consent or for parents and legal guardians to withhold their consent to the students' participation in any or all of these programs.
4. Information on Contraceptives and Abortion Referral Services. - Students may receive information about where to obtain contraceptives and abortion referral services only in accordance with a local board's policy regarding parental consent. Any instruction concerning the use of contraceptives or prophylactics shall provide accurate statistical information on their effectiveness and failure rates for preventing pregnancy and sexually transmitted diseases, including HIV/AIDS, in actual use among adolescent populations and shall explain clearly the difference between risk reduction and risk elimination through abstinence. The Department of Health and Human Services shall provide the most current available information at the beginning of each school year.
5. Prohibition on Distribution of Contraceptives. - Contraceptives, including condoms and other devices, shall not be made available or distributed on school property.
6. School Health Coordinators. - School health coordinators may be employed to assist in the instruction of any portion of the comprehensive school health education program. Where feasible, a school health coordinator should serve more than one local school administrative unit. Each person initially employed as a State-funded school health coordinator after June 30, 1987, shall have a degree in health education.
7. Duty of Local School Administrative Units. - Each local school administrative unit shall provide a comprehensive school health education program that meets all the requirements of this section and all the objectives established by the State Board. Each local board of education may expand on the subject areas to be included in the program and on the instructional objectives to be met.

(2017-126, s. 5.)

Legal Periodicals. - For note, "A Violent Birth: Reframing Coerced Procedures During Childbirth as Obstetric Violence,” see 67 Duke L.J. 827 (2018).

§§ 115C-81.31 through 115C-81.34: Reserved for future codification purposes.

The State Board of Education shall develop or identify academically rigorous honors-level courses in healthful living education that can be offered at the high school level. These honors-level courses shall be more rigorous than standard-level courses, include advanced content, provide multiple opportunities for students to take greater responsibility for their learning, and require higher quality work from the students than standard courses.

(2017-126, s. 5.)

§ 115C-81.36. Advanced courses in mathematics.

1. When practicable, local boards of education shall offer advanced learning opportunities in mathematics in grades three through five, and advanced courses in mathematics in all grades six and higher. For the purposes of this section, advanced learning opportunities are those services and curricular modifications in mathematics for academically or intellectually gifted students approved as part of the local plan, as required by G.S. 115C-150.7 .

   (a1) When advanced learning opportunities are offered in mathematics in grades three through five, any student scoring at the highest level on the end-of-grade test shall, for the next school year, be provided advanced learning opportunities in mathematics approved for that student's grade level. No student who qualifies under this subsection shall be removed from the advanced learning opportunity provided to the student unless a parent or guardian of the student provides written consent for the student to be excluded or removed after being adequately informed that the student's placement was determined by the student's achievement on the previous end-of-grade test.

2. When advanced courses are offered in mathematics in grades six and higher, any student scoring at the highest level on the end-of-grade or end-of-course test for the mathematics course in which the student was most recently enrolled shall be enrolled in the advanced course for the next mathematics course in which the student is enrolled. A student in seventh grade scoring at the highest level on the seventh grade mathematics end-of-grade test shall be enrolled in a high school level mathematics course in eighth grade. Local boards of education may provide supplemental content enrichment, which may include the administration of diagnostic assessments, to students enrolled in a high school level mathematics course. No student who qualifies under this subsection shall be removed from the advanced or high school mathematics course in which the student is enrolled unless a parent or guardian of the student provides written consent for the student to be excluded or removed from that course after being adequately informed that the student's placement was determined by the student's achievement on the previous end-of-grade or end-of-course test.
3. By December 15, 2020, and annually thereafter, the Department of Public Instruction shall submit a report to the Joint Legislative Education Oversight Committee containing data collected for the current school year on the number and demographics of students who were eligible for advanced mathematics courses under this section, including high school level mathematics courses in eighth grade, and of those students, the number and demographics of those who were placed in advanced mathematics courses and were not placed in advanced mathematics courses. The report shall include information on the type and format of advanced mathematics courses provided and shall also include any feedback provided by local boards of education on the implementation of this section.
4. The Department of Public Instruction shall provide guidance to local boards of education on how to best develop programming and courses to ensure all impacted students receive rigorous, academically appropriate instruction in mathematics.

(2018-32, s. 2(a); 2019-120, s. 1.)

Editor's Note. - Session Laws 2018-32, s. 7, made this section effective June 22, 2018, and Session Laws 2018-32, s. 2(b) made it applicable beginning with the 2018-2019 school year.

Session Laws 2019-120, ss. 2-4, provides: "Notwithstanding G.S. 115C-81.36(b) , as amended by this act, schools that did not offer Math I to eighth grade students during the 2018-2019 school year, either in person or virtually through the North Carolina Virtual Public School, may offer Math I in eighth grade for the 2019-2020 school year but shall not be required to do so.

"Each local board of education with schools exempted from G.S. 115C-81.36(b) for the 2019-2020 school year under Section 2 of this act shall develop a plan to implement, beginning with the 2020-2021 school year, G.S. 115C-81.36(b) , as amended by this act. The plan shall be submitted to the Superintendent of Public Instruction by January 15, 2020. At a minimum, the plan shall include the following:

"(1) An explanation of staffing for eighth grade Math I courses, including an indication of how adequate staffing will be accomplished and any anticipated shortages in staffing or other staffing challenges. This explanation shall also include any anticipated coordination with community colleges or coordination between schools in order to provide appropriate instructors for each eighth grade Math I course. If the local board of education continues to find it is not practicable to offer Math I in eighth grade, the plan shall include a detailed rationale for that determination.

"(2) An estimate, based on student performance over the previous three years, of the expected number of students enrolled eligible for enrollment in Math I courses in eighth grade for the 2020-2021 school year.

"The Superintendent of Public Instruction shall compile the plans submitted by each local board of education into a summary report to be submitted to the Joint Legislative Education Oversight Committee, along with any recommended changes, by March 15, 2020."

Session Laws 2019-120, s. 5, made the rewriting of this section by Session Laws 2019-120, s. 1, effective July 11, 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, s. 2.8(a), (b), provides: "(a) Notwithstanding G.S. 115C-81.36(a1) and (b), math placement for the 2020-2021 school year shall be determined as follows:

"(1) Initial math placements for all students shall be made consistent with local policies, in consultation with a student's 2019-2020 school year math teacher.

"(2) For students not initially placed in advanced courses or advanced learning opportunities in math, a student or student's parent may request administration of the end-of-grade or end-of-course test for the mathematics grade or course in which the student was enrolled for the 2019-2020 school year solely for the purpose of determining math placement for the 2020-2021 school year. Any student scoring at the highest level on the math end-of-grade or end-of-course test shall be placed as provided in G.S. 115C-81.36(a1) and (b).

"(b) For the purposes of G.S. 115C-81.36 (c), the Department of Public Instruction shall submit its December 15, 2020, report to the Joint Legislative Education Oversight Committee on the number and demographics of students who were (i) enrolled in advanced mathematics courses, including high school level mathematics courses in eighth grade, or (ii) given other advanced learning opportunities for the 2020-2021 school year. The report shall include information on the type and format of advanced mathematics courses or advanced learning opportunities provided and shall also include any feedback provided by local boards of education on the implementation of G.S. 115C-81.36 ."

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

Effect of Amendments. - Session Laws 2019-120, s. 1, rewrote the section. For effective date and applicability, see editor's note.

§§ 115C-81.37 through 115C-81.39: Reserved for future codification purposes.

The standard course of study shall include the requirement that the public schools provide to all students one yearlong course of instruction on North Carolina history and geography in elementary school and one yearlong course of instruction in middle school on North Carolina history with United States history integrated into this instruction. The course of instruction shall include contributions to the history and geography of the State and the nation by the racial and ethnic groups that have contributed to the development and diversity of the State and nation. Each course of instruction may include up to two weeks of instruction relating to the local area in which the students reside.

(2017-126, s. 5.)

§§ 115C-81.41 through 115C-81.44: Reserved for future codification purposes.

1. Except when a board authorizes teaching in a foreign language in order to comply with federal law, local boards of education shall require all teachers and principals to conduct classes except foreign language classes in English. Any teacher or principal who refuses to do so may be dismissed.
2. Local boards of education shall provide for the efficient teaching at appropriate grade levels of all materials set forth in the standard course of study, including integrated instruction in the areas of citizenship in the United States of America, government of the State of North Carolina, government of the United States, fire prevention, the free enterprise system, and the dangers of harmful or illegal drugs, including alcohol.
3. Democratic Process and Citizenship Education for Middle School Social Studies. - The State Board of Education shall include instruction in civic and citizenship education in the standard course of study for middle school social studies. The State Board of Education is strongly encouraged to include, at a minimum, the following components in the middle school civic and citizenship education standard course of study:
   1. A tour of representative local government facilities, such as the local jail, the courthouse, or a town hall, to help students understand the way their community is governed.
   2. Allowing students to choose and analyze a community problem and offer public policy recommendations on the problem to local officials.
   3. Information about getting involved in community groups.
4. (Applicable to students entering the ninth grade before the 2021-2022 school year) Civic Literacy. -
   1. The State Board of Education shall require during the high school years the teaching of a semester course on the Founding Principles of the United States of America and the State of North Carolina. A passing grade in the course shall be required for graduation from high school, and the course shall include at least the following subjects:
      1. The Creator-endowed inalienable rights of the people.
      2. Structure of government, separation of powers with checks and balances.
      3. Frequent and free elections in a representative government.
      4. Rule of law.
      5. Equal justice under the law.
      6. Private property rights.
      7. Federalism.
      8. Due process.
      9. Individual rights as set forth in the Bill of Rights.
      10. Individual responsibility.
      11. Constitutional limitations on government power to tax and spend, and prompt payment of public debt.
      12. Strong defense and supremacy of civil authority over military.
      13. Peace, commerce, and honest friendship with all nations, entangling alliances with none.
   2. The State Board of Education shall require that any high school level curriculum based tests for the course required in subdivision (1) of this subsection developed and administered statewide beginning with the 2016 2017 academic year include questions related to the philosophical foundations of our form of government and the principles underlying the Declaration of Independence, the United States Constitution and its amendments, and the most important of the Federalist Papers.
   3. The Department of Public Instruction and the local boards of education, as appropriate, shall provide or cause to be provided curriculum content for the semester course required in subdivision (1) of this subsection and professional development to ensure that the intent and provisions of this subsection are carried out. The curriculum content established shall include a review of the contributions made by Americans of all races.
   4. The Department of Public Instruction shall submit a biennial report by October 15 of each odd numbered year to the Joint Legislative Education Oversight Committee covering the implementation of this subsection.

      (d) (Applicable to students entering the ninth grade in the 2021-2022 school year) Founding Principles of the United States of America and North Carolina: Civic Literacy. -

      (1) The State Board of Education shall require instruction in civic and citizenship education in the standard course of study for high school social studies through the teaching of a full-credit course that shall be called Founding Principles of the United States of America and North Carolina: Civic Literacy. A passing grade in the course shall be required for graduation from high school.

      (1a) The course required by subdivision (1) of this subsection shall be solely focused on civics and citizenship education, and shall include at least the following subjects:

      1. The Creator-endowed inalienable rights of the people.
      2. Structure of government, separation of powers with checks and balances.
      3. Frequent and free elections in a representative government.
      4. Rule of law.
      5. Equal justice under the law.
      6. Private property rights.
      7. Federalism.
      8. Due process.
      9. Individual rights as set forth in the Bill of Rights.
      10. Individual responsibility.
      11. Constitutional limitations on government power to tax and spend, and prompt payment of public debt.
      12. Strong defense and supremacy of civil authority over military.
      13. Peace, commerce, and honest friendship with all nations, entangling alliances with none.

      (1b) The State Board of Education is strongly encouraged to include the following components in the course required by subdivision (1) of this subsection:

      1. That students write to a local, State, or federal elected official about an issue that is important to them.
      2. Instruction on the importance of voting and otherwise participating in the democratic process, including instruction on voter registration.
      3. Information about current events and governmental structure.
      4. Information about the democratic process and how laws are made.

         (2) The State Board of Education shall require that any high school level curriculum-based tests for the course required in subdivision (1) of this subsection developed and administered statewide include questions related to the philosophical foundations of our form of government and the principles underlying the Declaration of Independence, the United States Constitution and its amendments, and the most important of the Federalist Papers.

         (3) The Department of Public Instruction and the local boards of education, as appropriate, shall provide or cause to be provided curriculum content for the course required in subdivision (1) of this subsection and professional development to ensure that the intent and provisions of this subsection are carried out. The curriculum content established shall include a review of the contributions made by Americans of all races.

         (4) The Department of Public Instruction shall submit a biennial report by October 15 of each odd-numbered year to the Joint Legislative Education Oversight Committee covering the implementation of this subsection.

(2017-126, s. 5; 2019-82, s. 3(a).)

Subsection (d) Set Out Twice. - The first version of subsection (d) set out above is applicable to students entering the ninth grade before the 2020-2021 school year. The second version of subsection (d) set out above is applicable to students entering the ninth grade in the 2020-2021 school year.

Editor's Note. - Session Laws 2019-82, s. 3(b) makes the requirements of G.S. 115C-81.45(d) , as amended by Session Laws 2019-82, s. 3(a) applicable to all students entering the ninth grade in the 2021-2022 school year.

Session Laws 2019-82, s. 5, provides: "The State Board of Education shall begin the process for review and revision of the standard course of study for social studies in grades kindergarten through 12 in the 2019-2020 school year and shall revise the high school standard course of study in accordance with the requirements of this section for the EPF course and the Founding Principles of America and North Carolina: Civic Literacy course. The State Board shall review the high school standard course of study to determine the high school grade level during which the EPF course and the Founding Principles of America and North Carolina: Civic Literacy course may be completed. The State Board of Education shall not require more than four full-course credits in social studies for high school graduation."

Effect of Amendments. - Session Laws 2019-82, s. 3(a), effective July 8, 2019, rewrote subsections (c) and (d).

§§ 115C-81.46 through 115C-81.49: Reserved for future codification purposes.

All high schools and middle schools shall be encouraged to have elected student councils through which students have input into policies and decisions that affect them. All other schools are encouraged to have student councils.

The purpose of these student councils is to build civic skills and attitudes such as participation in elections, discussion and debate of issues, and collaborative decision making. Schools shall encourage active, broad-based participation in these student councils.

(2017-126, s. 5.)

§§ 115C-81.51 through 115C-81.54: Reserved for future codification purposes.

Schools should encourage discussions of current events in a wide range of classes, especially social studies and language arts classes. All high schools and middle schools are encouraged to have at least two classes per grade level to offer interactive current events discussions at least every four weeks.

(2017-126, s. 5.)

§§ 115C-81.56 through 115C-81.59: Reserved for future codification purposes.

1. Each local board of education shall develop and implement character education instruction with input from the local community. The instruction shall be incorporated into the standard curriculum and should address the following traits:
   1. Courage. - Having the determination to do the right thing even when others don't and the strength to follow your conscience rather than the crowd; and attempting difficult things that are worthwhile.
   2. Good judgment. - Choosing worthy goals and setting proper priorities; thinking through the consequences of your actions; and basing decisions on practical wisdom and good sense.
   3. Integrity. - Having the inner strength to be truthful, trustworthy, and honest in all things; acting justly and honorably.
   4. Kindness. - Being considerate, courteous, helpful, and understanding of others; showing care, compassion, friendship, and generosity; and treating others as you would like to be treated.
   5. Perseverance. - Being persistent in the pursuit of worthy objectives in spite of difficulty, opposition, or discouragement; and exhibiting patience and having the fortitude to try again when confronted with delays, mistakes, or failures.
   6. Respect. - Showing high regard for authority, for other people, for self, for property, and for country; and understanding that all people have value as human beings.
   7. Responsibility. - Being dependable in carrying out obligations and duties; showing reliability and consistency in words and conduct; being accountable for your own actions; and being committed to active involvement in your community.
   8. Self-discipline. - Demonstrating hard work and commitment to purpose; regulating yourself for improvement and restraining from inappropriate behaviors; being in proper control of your words, actions, impulses, and desires; choosing abstinence from premarital sex, drugs, alcohol, and other harmful substances and behaviors; and doing your best in all situations.
2. In addition to the instruction under subsection (a) of this section, local boards of education are encouraged to include instruction on the following responsibilities:
   1. Respect for school personnel. - In the school environment, respect includes holding teachers, school administrators, and all school personnel in high esteem and demonstrating in words and deeds that all school personnel deserve to be treated with courtesy and proper deference.
   2. Responsibility for school safety. - Helping to create a harmonious school atmosphere that is free from threats, weapons, and violent or disruptive behavior; cultivating an orderly learning environment in which students and school personnel feel safe and secure; and encouraging the resolution of conflicts and disagreements through peaceful means, including peer mediation. Instruction in this responsibility should include a consistent and age-appropriate antiviolence message and a conflict resolution component for students in kindergarten through grade 12. These messages should include media-awareness education to help children recognize stereotypes and messages portraying violence.
   3. Service to others. - Engaging in meaningful service to their schools and their communities. Schools may teach service-learning by (i) incorporating it into their standard curriculum or (ii) involving a classroom of students or some other group of students in one or more hands-on community service projects. All schools are encouraged to provide opportunities for student involvement in community service or service-learning projects.
   4. Good citizenship. - Obeying the laws of the nation and this State; abiding by school rules; and understanding the rights and responsibilities of a member of a republic.

(2017-126, s. 5.)

§§ 115C-81.61 through 115C-81.64: Reserved for future codification purposes.

1. Instruction shall be provided in personal financial literacy for all students. In addition to the requirements in subsection (b) of this section, the State Board of Education shall determine the other components of personal financial literacy that will be covered in the curriculum.
2. (Applicable to students entering the ninth grade for years other than the 2020-2021 school year) Each student shall receive personal financial literacy instruction that shall include:
   1. The true cost of credit.
   2. Choosing and managing a credit card.
   3. Borrowing money for an automobile or other large purchase.
   4. Home mortgages.
   5. Credit scoring and credit reports.
   6. Other relevant financial literacy issues.

      (b) (Applicable to students entering the ninth grade in the 2020-2021 school year) The State Board of Education shall require during the high school years the teaching of a full-credit course focused solely on Economics and Personal Finance (EPF). A passing grade in the course shall be required for graduation from high school. The content of the course shall, at a minimum, include the standards established by the second edition of the Voluntary National Content Standards in Economics and the 2013 National Standards for Financial Literacy, as developed by the Council for Economic Education. The EPF course shall provide instruction on economic principles and shall provide personal financial literacy instruction that shall include, at a minimum, the following:

      (1) The true cost of credit.

      (2) Choosing and managing a credit card.

      (3) Borrowing money for an automobile or other large purchase.

      (4) Home mortgages.

      (5) Credit scoring and credit reports.

      (5a) Planning and paying for postsecondary education.

      (6) Other relevant financial literacy issues.

3. The State Board of Education shall require that EPF teachers receive the professional development necessary to ensure that the intent and provisions of this section are carried out. To the extent funds are made available for this purpose, the State Board of Education shall require the employing entity to make available to EPF teachers and prospective EPF teachers the EPF professional development course provided by the North Carolina Council on Economic Education (NCCEE). When practicable, teachers shall complete the EPF professional development course prior to teaching the EPF course in public schools. If necessary, teachers may begin teaching the EPF course in public schools while awaiting the next possible opportunity to complete a session of the EPF professional development course. To the extent possible, the EPF professional development course shall be taken at the NCCEE-approved location most conveniently located to the local school administrative unit.

(2017-126, s. 5; 2019-82, s. 2(a).)

Subsection (b) Set Out Twice. - The first version of subsection (b) set out above is applicable to students entering the ninth grade other than the 2020-2021 school year. The second version of subsection (b) set out above is applicable to students entering the ninth grade in the 2020-2021 school year.

Editor's Note. - Session Laws 2019-82, s. 2(b) makes the requirements of G.S. 115C-81.65(b) , as amended by Session Laws 2019-82, s. 2(a), applicable to all students entering the ninth grade in the 2020-2021 school year.

Session Laws 2019-82, s. 5, provides: "The State Board of Education shall begin the process for review and revision of the standard course of study for social studies in grades kindergarten through 12 in the 2019-2020 school year and shall revise the high school standard course of study in accordance with the requirements of this section for the EPF course and the Founding Principles of America and North Carolina: Civic Literacy course. The State Board shall review the high school standard course of study to determine the high school grade level during which the EPF course and the Founding Principles of America and North Carolina: Civic Literacy course may be completed. The State Board of Education shall not require more than four full-course credits in social studies for high school graduation."

Effect of Amendments. - Session Laws 2019-82, s. 2(a), effective July 8, 2019, deleted the second sentence of subsection (a); rewrote subsection (b), which formerly read: "Each student shall receive personal financial literacy instruction that shall include"; added subdivision (b)(5a); and added subsection (c). For applicability, see editor's note.

§§ 115C-81.66 through 115C-81.69: Reserved for future codification purposes.

1. Each local board of education shall provide instruction on disability, people with disabilities, and the disability rights movement in conjunction with Disability History and Awareness Month, established pursuant to G.S. 103-11 .
2. This instruction shall be incorporated through measures that include any of the following:
   1. Supplementing existing lesson plans.
   2. Holding school assemblies.
   3. Hosting disability-focused film festivals.
   4. Organizing other school activities.

      Local boards of education are encouraged to incorporate individuals with disabilities or knowledgeable guest speakers from the disability community into the delivery of this instruction.

(2017-126, s. 5.)

§§ 115C-81.71 through 115C-81.74: Reserved for future codification purposes.

The standard course of study shall include the requirement that the public schools provide instruction in cursive writing so that students create readable documents through legible cursive handwriting by the end of fifth grade.

(2017-126, s. 5.)

§§ 115C-81.76 through 115C-81.79: Reserved for future codification purposes.

The standard course of study shall include the requirement that students enrolled in public schools memorize multiplication tables to demonstrate competency in efficiently multiplying numbers.

(2017-126, s. 5.)

§ 115C-81.81. Annual report on cursive writing and multiplication tables.

The State Board of Education and the Department of Public Instruction shall report to the Joint Legislative Education Oversight Committee by March 30 of each year on the compliance of each local school administrative unit with the requirements regarding cursive writing pursuant to G.S. 115C-81.75 and the memorization of multiplication tables pursuant to G.S. 115C-81.80 . The report shall include at least the following information:

1. The percentage of local school administrative units in the State complying and not complying with G.S. 115C-81.75 and a list of both sets of units.
2. The percentage of local school administrative units in the State complying and not complying with G.S. 115C-81.80 and a list of both sets of units.
3. A list of all instructional strategies used by each local school administrative unit to comply with G.S. 115C-81.75 categorized by unit.
4. A list of each instructional strategy identified pursuant to subdivision (3) of this section and the corresponding percentage of local school administrative units in the State using that strategy to comply with G.S. 115C-81.75 .
5. If, in any given year, one or more local school administrative units does not respond to inquiries from the Department of Public Instruction related to this section, the percentage of local school administrative units in the State that were nonresponsive and a list of those units.

(2018-32, s. 1(a).)

Editor's Note. - Session Laws 2018-32, s. 1(b), made this section effective June 22, 2018, and applicable to reports submitted on or after that date.

§§ 115C-81.82 through 115C-81.84: Reserved for future codification purposes.

1. The State Board of Education shall encourage schools to offer American Sign Language classes in high schools as a modern foreign language.
2. The State Board of Education shall adopt and implement standards for the certification of teachers of American Sign Language and shall set standards for teacher preparation programs that prepare students for certification as American Sign Language teachers.

(2017-126, s. 5.)

§§ 115C-82 : Repealed by Session Laws 1987 (Regular Session, 1988), c. 1086, s. 89(d).

§ 115C-83.1. State goal.

The goal of the State is to ensure that every student read at or above grade level by the end of third grade and continue to progress in reading proficiency so that he or she can read, comprehend, integrate, and apply complex texts needed for secondary education and career success.

(2012-142, s. 7A.1(b).)

Editor's Note. - Session Laws 2012-142, s. 7A.1(b), enacted this section as G.S. 115C-83.1 A. It has been renumbered as this section at the direction of the Revisor of Statutes.

Session Laws 2012-142, s. 7A.1(i), made this part effective July 2, 2012, and applicable beginning with the 2013-2014 school year. The developmental screening and kindergarten entry assessment required by this section shall be administered beginning with the 2014-2015 school year.

Session Laws 2012-142, s. 7A.12, as added by Session Laws 2012-145, s. 2.1, provides: "The Department of Public Instruction may establish 11 positions to administer the provisions of Section 7A.1 of this act."

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

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

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

Session Laws 2013-360, s. 8.23, provides: "Local school administrative units shall consider the utilization of public-private partnerships in implementing the requirements of the North Carolina Read to Achieve Program. The Department of Public Instruction may recommend nonprofit organizations with expertise in literacy training in low-performing schools and the ability to leverage private resources to partner with the local school administrative units in implementing the program."

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. 3.9, provides: "Notwithstanding Section 7A.1(i) of S.L. 2012-142 or any other provision of law to the contrary, the developmental screening and kindergarten entry assessment required by G.S. 115C-83.5 shall be administered beginning with the 2014-2015 school year in at least fifty percent (50%) of local school administrative units with statewide administration implemented no later than the 2015-2016 school year."

Session Laws 2014-5 s. 10, provides: "The State Board of Education shall implement the developmental screening instrument as provided in G.S. 115C-83.5 in each school in a local school administrative unit enrolling kindergarten students, and according to the approved time line for the administration of the Kindergarten Entry Assessment as provided under Section 3.9 of S.L. 2013-363. Additional components of the Kindergarten Entry Assessment shall be fully implemented in each school in a local school administrative unit enrolling kindergarten students beginning with the 2016-2017 school year."

Session Laws 2019-212, s. 5, provides: "The Department of Public Instruction shall examine the End-of-Grade English Language Arts assessment administered in third grade as compared to the Read to Achieve alternative assessment in order to determine whether the End-of-Grade English Language Arts assessment should be modified to better meet the goals of Read to Achieve, pursuant to Part 1A of Article 8 of Chapter 115C of the General Statutes. Based on its examination, the Department shall develop any modifications needed. No later than March 15, 2020, the Department shall report to the Joint Legislative Education Oversight Committee on the results of its examination and any modifications developed."

Session Laws 2021-8, s. 1, provides: "This act shall be known as the 'Excellent Public Schools Act of 2021.'"

Session Laws 2021-8, s. 5(a), (b), provides: "(a) The State Board of Education shall develop literacy instruction standards to ensure that instruction methods throughout the State are consistent and closely aligned with the objectives of Part 1A of Article 8 of Chapter 115C of the General Statutes (Read to Achieve). The State Board shall incorporate only the most effective literacy instruction methods aligned with the Science of Reading into the standards developed. No later than May 15, 2022, the State Board of Education shall report to the Joint Legislative Education Oversight Committee on the literacy instruction standards developed. No later than June 30, 2022, the State Board shall provide to local boards of education the standards developed.

"The Department of Public Instruction shall develop a literacy implementation plan that would implement the standards developed by the State Board of Education. No later than June 30, 2022, the Department shall provide to local boards of education (i) a model literacy implementation plan that implements the standards developed and (ii) an example of a literacy implementation plan that would not implement the standards developed and explanatory guidance on why it would not implement the standards.

"Each local school administrative unit shall evaluate its literacy curriculum and instruction methods and shall modify as necessary to adhere to the standards developed by the State Board and align with the model literacy implementation plan provided by the Department. No later than December 15, 2022, and in a form prescribed by the State Board, each local school administrative unit shall submit to the State Board a concise explanation of its literacy curriculum and instruction, as aligned with the standards and model literacy implementation plan.

"(b) Regional case managers, or other appropriate staff as determined by the Department of Public Instruction, shall work to ensure that the standards developed by the State Board are implemented statewide by reviewing the curriculum and instruction methods of each local school administrative unit in each service area and by consulting with each local school administrative unit as needed to bring literacy instruction into compliance. Review and modification of all literacy instruction statewide shall be complete no later than November 15, 2023. Modifications shall be implemented into curriculum and instruction as soon as possible, and all curriculum and instruction as modified under this section shall be in place beginning with the 2024-2025 school year."

Session Laws 2021-8, s. 6(k), ( l ), provides: "(k) The State Board of Education and the Department of Public Instruction shall conduct an analysis of literacy interventions, including reading camps, provided throughout the State in order to determine which literacy intervention activities and instructional methods are most effective in furthering reading development. Based on this analysis, the State Board and the Department shall develop literacy intervention standards, including reading camp standards, that incorporate the most effective activities and instructional methods. No later than December 15, 2021, the State Board shall report to the Joint Legislative Education Oversight Committee on the standards developed in accordance with this section and any recommended legislation to further improve the effectiveness of literacy interventions and shall publish the standards.

"( l ) Each local school administrative unit shall submit to the Department of Public Instruction a plan for the literacy interventions it will offer, including reading camps, no later than March 1, 2022. The plan shall include information about the local school administrative unit's efforts to staff reading camps with the most qualified teachers possible, including the unit's efforts to attract teachers associated with high growth in reading based on EVAAS data and teachers who have earned a reading bonus. As part of their plans, local school administrative units are encouraged to partner with other local school administrative units and with community organizations to enhance literacy interventions.

"The Department shall review each local school administrative unit's plan and provide feedback as necessary to ensure that literacy interventions provided throughout the State are closely aligned with the goals and meet the requirements of Part 1A of Article 8 of Chapter 115C of the General Statutes (Read to Achieve) and comply with the literacy intervention standards published by the State Board of Education. The Department shall provide feedback to local school administrative units, including feedback on efforts to attract highly qualified teachers, no later than May 15, 2022. The Department may provide a form to local school administrative units for the purpose of submitting their plans for review, and local school administrative units shall submit their plans on the form, if provided by the Department for this purpose."

Session Laws 2021-8, s. 7(f), provides: "Within funds available, including federal funds received by a local school administrative unit for the purpose of responding to the impacts of COVID-19, each local school administrative unit shall carry out the elements of the Excellent Public Schools Act contained in Part 1A of Article 8 of Chapter 115C of the General Statutes."

Session Laws 2021-8, s. 8, provides: "The Department of Public Instruction shall develop a Digital Children's Reading Initiative (Initiative) for the purpose of increasing the percentage of school children throughout the State who are reading proficiently by the end of third grade. The Initiative shall be aligned with the Science of Reading and shall reflect the standards taught in each grade level from kindergarten to third grade. The Initiative shall be designed to assist parents, guardians, and family members in cultivating confident, proficient, lifelong readers by providing free tools and resources that can be easily incorporated into everyday life.

"The Initiative may utilize existing third-party resources that align with the Science of Reading by providing selected links to thoroughly vetted, high-quality resources that reflect the standard course of study for each grade level. Links shall be specifically categorized by skill deficiency and grade level so that parents, guardians, and family members can be quickly connected to effective resources targeted to each student's needs. The Department of Public Instruction shall frequently monitor all resources linked to the Initiative to ensure that all links are up-to-date and that resources remain consistent with the purpose set out in this section. All resources included in the Initiative shall be available to the public without required login credentials and shall be accessible directly through a prominently displayed area on the homepage of the Department's website. The Initiative shall make home activities, printables, and games available on the following literacy skills, as appropriate for each grade level:

"(1) Phonemic awareness.

"(2) Phonics.

"(3) Vocabulary.

"(4) Fluency.

"(5) Comprehension.

"(6) Oral language.

"No later than January 15, 2022, the Department of Public Instruction shall disseminate the fully developed Digital Children's Reading Initiative to all local school administrative units. Each local school administrative unit shall make Initiative resources accessible directly through a prominently displayed area on the homepage of the unit's website no later than July 1, 2022. Local school administrative units may compile and add additional high-quality resources that meet the requirements of this section to those provided to them by the Department of Public Instruction. Printable activities shall be provided in hard copy by the local school administrative unit to students who do not have digital access at home and may be provided to all students as a supplement to digital resources."

Session Laws 2021-8, s. 10(a), provides: "The Department of Public Instruction shall create a uniform template for all data collected pursuant to Part 1A of Article 8 of Chapter 115C of the General Statutes (Read to Achieve) beginning with data collected during the 2013-2014 school year and for each school year thereafter. The template shall include clear designations for each data component reported. A numerical value shall be provided for all data values pertaining to school-wide measures, including those data values reporting fewer than 10 students. Where a measure is disaggregated in a manner that may allow the identity of a student to be disclosed, data values reporting 10 or fewer students may be suppressed to protect student privacy. Data values that are suppressed for this purpose shall be denoted in a different manner than data values left incomplete or unreported. Data values shall be compiled for each data component for each school year, beginning with the 2013-2014 school year, and shall be provided to the Joint Legislative Education Oversight Committee in the uniform template created pursuant to this subsection no later than April 15, 2022."

§ 115C-83.2. Purposes.

1. (Applicable before the beginning of the 2022-2023 school year) The purposes of this Part are to ensure that (i) difficulty with reading development is identified as early as possible; (ii) students receive appropriate instructional and support services to address difficulty with reading development and to remediate reading deficiencies; and (iii) each student and his or her parent or guardian be continuously informed of the student's academic needs and progress.

   (a) (Applicable beginning with the 2022-2023 school year) The purposes of this Part are to ensure that (i) difficulty with reading development is identified as early as possible; (ii) students receive appropriate literacy interventions to address difficulty with reading development and to remediate reading deficiencies; and (iii) each student and his or her parent or guardian be continuously informed of the student's academic needs and progress.

2. In addition to the purposes listed in subsection (a) of this section, the purpose of this Part is to determine that progression from one grade to another be based, in part, upon proficiency in reading.

(2012-142, s. 7A.1(b); 2021-8, s. 6(a).)

Subsection (a) Set Out Twice. - The first version of subsection (a) set out above is applicable before the beginning of the 2022-2023 school year. The second version subsection (a) set out above is applicable beginning with the 2022-2023 school year.

Editor's Note. - Session Laws 2012-142, s. 7A.1(b), enacted this section as G.S. 115C-83.1 B. It has been renumbered as this section at the direction of the Revisor of Statutes.

Session Laws 2021-8, s. 1, provides: "This act shall be known as the 'Excellent Public Schools Act of 2021.'"

Session Laws 2021-8, s. 6(m), made the amendments to subsection (a) by Session Laws 2021-8, s. 6(a), applicable beginning with the 2022-2023 school year.

Effect of Amendments. - Session Laws 2021-8, s. 6(a), effective April 9, 2021, substituted "literacy interventions" for "instructional and support services" in subsection (a). For applicability, see editor's note.

§ 115C-83.3. (Applicable beginning with the 2021-2022 school year and before the beginning of the 2022-2023 school year) Definitions.

The following definitions apply in this Part:

1. "Accelerated reading class" means a class where focused instructional supports and services are provided to increase a student's reading level at least two grades in one school year.
2. "Alternative assessment" means a valid and reliable standardized assessment of reading comprehension, approved by the State Board of Education, that is not the same test as the State-approved standardized test of reading comprehension administered to third grade students. The State Board of Education shall (i) provide several valid and reliable alternative assessments to local school administrative units upon request, (ii) approve valid and reliable alternative assessments submitted by local school administrative units, and (iii) establish achievement level ranges for each approved alternative assessment. The State Board of Education  shall annually review all alternative assessments to ensure ongoing relevance, validity, and reliability.
3. "Difficulty with reading development" means not demonstrating appropriate developmental abilities in any of the major reading areas, including, but not limited to, oral language, phonological or phonemic awareness, vocabulary, fluency, or comprehension, according to observation-based, diagnostic, or formative assessments.
4. "Instructional supports and services" mean intentional strategies used with a majority of students to facilitate reading development and remediate emerging difficulty with reading development. Instructional supports and services include, but are not limited to, small group instruction, reduced teacher-student ratios, frequent progress monitoring, and extended learning time.

   (4a) "Reading camp" means an additional educational program outside of the instructional calendar provided by the local school administrative unit to (i) any third grade student who does not demonstrate reading proficiency and (ii) any first or second grade student who demonstrates reading comprehension below grade level as identified through administration of formative and diagnostic assessments in accordance with G.S. 115C-83.6 . Parents or guardians of the student not demonstrating reading proficiency or demonstrating reading comprehension below grade level shall make the final decision regarding the student's reading camp attendance. The 72 hours of reading instruction shall be provided over no less than three weeks for students in schools using calendars other than year-round calendars.

5. "Reading deficiency" means not reading at the third grade level by the end of the student's third grade year, demonstrated by the results of the State-approved standardized test of reading comprehension administered to third grade students.
6. "Reading interventions" mean evidence-based strategies frequently used to remediate reading deficiencies and include, but are not limited to, individual instruction, tutoring, or mentoring that target specific reading skills and abilities.
7. "Reading proficiency" means reading at or above the third grade level by the end of a student's third grade year, demonstrated by the results of the State-approved standardized test of reading comprehension administered to third grade students.

   (7a) "Science of Reading" means evidence-based reading instruction practices that address the acquisition of language, phonological and phonemic awareness, phonics and spelling, fluency, vocabulary, oral language, and comprehension that can be differentiated to meet the needs of individual students.

8. "Student reading portfolio" means a compilation of independently produced student work selected by the student's teacher, beginning during the first half of the school year, and signed by the teacher and principal, as an accurate picture of the student's reading ability. The student reading portfolio shall include an organized collection of evidence of the student's mastery of the State's reading standards that are assessed by the State-approved standardized test of reading comprehension administered to third grade students. A single piece of evidence may show mastery of up to two standards. For each benchmark, there shall be three examples of student work demonstrating mastery by a grade of seventy percent (70%) or above.
9. Recodified as subdivision (4a).
10. "Transitional third and fourth class combination" means a classroom specifically designed to produce learning gains sufficient to meet fourth grade performance standards while continuing to remediate areas of reading deficiency.

(2012-142, s. 7A.1(b); 2014-5, ss. 1-3; 2015-241, s. 8.48(a); 2021-8, ss. 2, 7(a).)

Section set out twice. - The section above is applicable beginning with the 2021-2022 school year and before the beginning of the 2022-2023 school year. For the section applicable beginning with the 2022-2023 school year, see the following section, also numbered G.S. 115C-83.3 .

Editor's Note. - Session Laws 2012-142, s. 7A.1(b), enacted this section as G.S. 115C-83.1 C. It has been renumbered as this section at the direction of the Revisor of Statutes. Subdivisions (3) through (7) of this section were redesignated by the Revisor of Statutes to maintain alphabetical order.

Former subdivision (9) was recodified as subdivision (4a) to maintain alphabetical order at the direction of the Revisor of Statutes.

Session Laws 2021-8, s. 1, provides: "This act shall be known as the 'Excellent Public Schools Act of 2021.'"

Session Laws 2021-8, s. 7(j), made the deletion of the former next-to-last sentence in subdivision (4a), which read "Reading camps shall (i) offer at least 72 hours of reading instruction to yield positive reading outcomes for participants; (ii) be taught by compensated, licensed teachers selected based on demonstrated student outcomes in reading proficiency or in improvement of difficulties with reading development; and (iii) allow volunteer mentors to read with students at times other than during the 72 hours of reading instruction.", by Session Laws 2021-8, s. 7(a), effective July 1, 2021, and applicable beginning with the 2021-2022 school year.

Effect of Amendments. - Session Laws 2014-5, ss. 1-3, effective June 10, 2014, added the last two sentences in subdivision (2); in subdivision (8), inserted "beginning during the first half of the school year" in the first sentence, and inserted the present third sentence; and rewrote subdivision (9).

Session Laws 2015-241, s. 8.48(a), effective July 1, 2015, beginning with the 2015-2016 school year, rewrote subsection (4a). For applicability, see Editor's note.

Session Laws 2021-8, s. 2, effective April 9, 2021, added subdivision (7a).

Session Laws 2021-8, s. 7(a), deleted the former next-to-last sentence in subdivision (4a), which read "Reading camps shall (i) offer at least 72 hours of reading instruction to yield positive reading outcomes for participants; (ii) be taught by compensated, licensed teachers selected based on demonstrated student outcomes in reading proficiency or in improvement of difficulties with reading development; and (iii) allow volunteer mentors to read with students at times other than during the 72 hours of reading instruction." For effective date and applicability, see editor's note.

§ 115C-83.3. (Applicable beginning with the 2022-2023 school year) Definitions.

The following definitions apply in this Part:

1. "Accelerated reading class" means a class where focused literacy interventions are provided to increase a student's reading level at least two grades in one school year.
2. "Alternative assessment" means a valid and reliable standardized assessment of reading comprehension, approved by the State Board of Education, that is not the same test as the State-approved standardized test of reading comprehension administered to third grade students. The State Board of Education shall provide the valid and reliable alternative assessment to local school administrative units upon request and establish achievement level ranges for the approved alternative assessment. The State Board of Education shall annually review the alternative assessment to ensure ongoing relevance, validity, and reliability.
3. "Difficulty with reading development" means not demonstrating appropriate developmental abilities in any of the major reading areas, including, but not limited to, oral language, phonological or phonemic awareness, vocabulary, fluency, or comprehension, according to observation-based, diagnostic, or formative assessments.

   (3a) "Individual Reading Plan" means a document outlining the specific reading skill deficiencies of a student who has demonstrated difficulty with reading development and includes the literacy interventions that the student will receive to address the reading skill deficiencies, as required by G.S. 115C-83.6 B.

4. "Literacy interventions" mean intentional strategies used to facilitate reading development and remediate emerging difficulty with reading development. Literacy interventions shall be grounded in the Science of Reading and include individual or small group instruction throughout the school year, reduced teacher-student ratios, frequent progress monitoring, tutoring in addition to the regular school day, reading camps, and extended learning time before or after the school day.

   (4a) "Reading camp" means an additional educational program outside of the instructional calendar provided by the local school administrative unit as a literacy intervention that shall be offered to (i) any third grade student who does not demonstrate reading proficiency and (ii) any second grade student who demonstrates difficulty with reading development. Local school administrative units may offer a reading camp as a literacy intervention to any first grade student who demonstrates difficulty with reading development. Parents or guardians of the student offered a reading camp as a literacy intervention shall make the final decision regarding the student's reading camp attendance.

5. ,  (6) Repealed by Session Laws 2021-8, s. 6(b), effective April 9, 2021, and applicable beginning with the 2022-2023 school year.

   (7) "Reading proficiency" means reading at or above the third grade level by the end of a student's third grade year, demonstrated by the results of the State-approved standardized test of reading comprehension administered to third grade students.

   (7a) "Science of Reading" means evidence-based reading instruction practices that address the acquisition of language, phonological and phonemic awareness, phonics and spelling, fluency, vocabulary, oral language, and comprehension that can be differentiated to meet the needs of individual students.

   (8) "Student reading portfolio" means a compilation of independently produced student work selected by the student's teacher, beginning during the first half of the school year, and signed by the teacher and principal, as an accurate picture of the student's reading ability. The student reading portfolio shall include an organized collection of evidence of the student's mastery of the State's reading standards that are assessed by the State-approved standardized test of reading comprehension administered to third grade students. A single piece of evidence may show mastery of up to two standards. For each benchmark, there shall be three examples of student work demonstrating mastery by a grade of seventy percent (70%) or above.

   (9) Recodified as subdivision (4a).

   (10) "Transitional third and fourth class combination" means a classroom specifically designed to produce learning gains sufficient to meet fourth grade performance standards while continuing to remediate the student's difficulty with reading development.

(2012-142, s. 7A.1(b); 2014-5, ss. 1-3; 2015-241, s. 8.48(a); 2021-8, ss. 2, 6(b), 7(a), 9(a).)

Section set out twice. - The section above is applicable beginning with the 2022-2023 school year. For the section applicable before the beginning of the 2022-2023 school year, see the preceding section, also numbered G.S. 115C-83.3 .

Editor's Note. - Session Laws 2012-142, s. 7A.1(b), enacted this section as G.S. 115C-83.1 C. It has been renumbered as this section at the direction of the Revisor of Statutes. Subdivisions (3) through (7) of this section were redesignated by the Revisor of Statutes to maintain alphabetical order.

Former subdivision (9) was recodified as subdivision (4a) to maintain alphabetical order at the direction of the Revisor of Statutes.

Session Laws 2021-8, s. 1, provides: "This act shall be known as the 'Excellent Public Schools Act of 2021.'"

Session Laws 2021-8, s. 6(m), made the amendments to this section by Session Laws 2021-8, s. 6(b), applicable beginning with the 2022-2023 school year.

Session Laws 2021-8, s. 7(j), made the deletion of the former next-to-last sentence in subdivision (4a), which read "Reading camps shall (i) offer at least 72 hours of reading instruction to yield positive reading outcomes for participants; (ii) be taught by compensated, licensed teachers selected based on demonstrated student outcomes in reading proficiency or in improvement of difficulties with reading development; and (iii) allow volunteer mentors to read with students at times other than during the 72 hours of reading instruction.", by Session Laws 2021-8, s. 7(a), effective July 1, 2021, and applicable beginning with the 2021-2022 school year.

Session Laws 2021-8, s. 9(c), made the amendment to subdivision (2) of this section by Session Laws 2021-8, s. 9(a), applicable beginning with the 2022-2023 school year.

Effect of Amendments. - Session Laws 2014-5, ss. 1-3, effective June 10, 2014, added the last two sentences in subdivision (2); in subdivision (8), inserted "beginning during the first half of the school year" in the first sentence, and inserted the present third sentence; and rewrote subdivision (9).

Session Laws 2015-241, s. 8.48(a), effective July 1, 2015, beginning with the 2015-2016 school year, rewrote subsection (4a). For applicability, see Editor's note.

Session Laws 2021-8, s. 2, effective April 9, 2021, added subdivision (7a).

Session Laws 2021-8, s. 6(b), effective April 9, 2021, rewrote the section. For applicability, see editor's note.

Session Laws 2021-8, s. 7(a), deleted the former next-to-last sentence in subdivision (4a), which read "Reading camps shall (i) offer at least 72 hours of reading instruction to yield positive reading outcomes for participants; (ii) be taught by compensated, licensed teachers selected based on demonstrated student outcomes in reading proficiency or in improvement of difficulties with reading development; and (iii) allow volunteer mentors to read with students at times other than during the 72 hours of reading instruction." For effective date and applicability, see editor's note.

Session Laws 2021-8, s. 9(a), effective April 9, 2021, rewrote subdivision (2). For applicability, see editor's note.

§ 115C-83.4. Comprehensive plan for reading achievement.

1. The State Board of Education shall develop, implement, and continuously evaluate a comprehensive plan to improve reading achievement in the public schools. The plan shall be based on reading instructional practices with strong evidence of effectiveness in current empirical research in reading development. The plan shall be developed with the active involvement of teachers, college and university educators, parents and guardians of students, and other interested parties. The plan shall, when appropriate to reflect research, include revision of the standard course of study or other curricular standards, revision of teacher licensure and renewal standards, and revision of teacher education program standards.
2. The State Board of Education shall report biennially to the Joint Legislative Education Oversight Committee by October 15 of each even-numbered year on the implementation, evaluation, and revisions to the comprehensive plan for reading achievement and shall include recommendations for legislative changes to enable implementation of current empirical research in reading development.

(2012-142, s. 7A.1(b); 2014-115, s. 80.)

Editor's Note. - Session Laws 2012-142, s. 7A.1(b), enacted this section as G.S. 115C-83.1 D. It has been renumbered as this section at the direction of the Revisor of Statutes.

Effect of Amendments. - Session Laws 2014-115, s. 80, effective August 11, 2014, substituted "October 15" for "October 1" in subsection (b).

§ 115C-83.4A: Recodified as G.S. 115C-174.26 in Part 5 of Article 10A of Chapter 115C, effective June 10, 2014.

Editor's Note. - Session Laws 2014-5, s. 12, effective June 10, 2014, provided: "G.S. 115C-83.4A is recodified in Part 5 of Article 10A of Chapter 115C of the General Statutes as G.S. 115C-174.26 ."

§ 115C-83.4B. Early Literacy Program.

1. There is established the Early Literacy Program within the Department of Public Instruction. The Department of Public Instruction, in consultation with the Department of Health and Human Services, shall use the Early Literacy Program to build strong foundational early literacy skills utilizing the Science of Reading for children in the North Carolina Prekindergarten (NC Pre-K) program.
2. As part of the Early Literacy Program, the Department of Public Instruction shall focus on at least the following components:
   1. Provide a training program to educators and administrators working with children in the NC Pre-K program to ensure developmentally appropriate instruction grounded in the Science of Reading and outcomes promoting reading achievement in students. The Department of Public Instruction shall utilize a third-party independent teacher training program to deliver professional development that demonstrates evidence-based success with educators and administrators in establishing deep knowledge of literacy instruction.
   2. Provide integration of age-appropriate resources, including digital and technological resources, in the NC Pre-K program for children to meet reading achievement goals.
   3. Ensure administration of a formative assessment to children at the conclusion of their participation in the NC Pre-K program to determine their kindergarten readiness and the alignment of their literacy instruction with the Science of Reading. The Department shall also ensure that the results of each child's formative assessment are shared with the child's kindergarten teacher at the beginning of the next school year.

(2021-8, s. 3(a).)

Editor's Note. - Session Laws 2021-8, s. 1, provides: "This act shall be known as the 'Excellent Public Schools Act of 2021.'"

Session Laws 2021-8, s. 3(c), provides: "Educators working with (i) children in the NC Pre-K program and (ii) students in kindergarten through fifth grade shall participate in the training programs contracted for as required by Section 5A(11) of S.L. 2021-1, as amended by Section 1.2 of S.L. 2021-3. Completion of this training shall satisfy the literacy continuing education credits required for elementary school teachers in G.S. 115C-270.30(b)(2)."

Session Laws 2021-8, s. 3(e), made this section, as added by Session Laws 2021-8, s. 3(a), applicable beginning with the 2021-2022 school year.

Session Laws 2021-8, s. 3(d), provides: "No later than September 15, 2022, the Department of Public Instruction shall report on the establishment of the Early Literacy Program to the Joint Legislative Education Oversight Committee. The report shall include information on the required components of the Program, including at least the following:

"(1) Participation rates of NC Pre-K educators and administrators in the third-party independent teacher training program.

"(2) Examples of age-appropriate resources integrated into the NC Pre-K program.

"(3) The formative assessment provided to children at the end of their participation in the NC Pre-K program, including the number and percentage of (i) students who demonstrate kindergarten readiness and (ii) students who do not demonstrate kindergarten readiness."

Session Laws 2021-8, s. 11, made this section effective April 9, 2021.

§ 115C-83.5. Developmental screening and kindergarten entry assessment.

1. The State Board of Education shall ensure that every student entering kindergarten shall be administered a developmental screening of early language, literacy, and math skills within 30 days of enrollment.
2. The State Board of Education shall ensure that every student entering kindergarten shall complete a kindergarten entry assessment within 60 days of enrollment.
3. The developmental screening instrument may be composed of subsections of the kindergarten entry assessment.
4. The kindergarten entry assessment shall (i) address the five essential domains of school readiness: language and literacy development, cognition and general knowledge, approaches toward learning, physical well-being and motor development, and social and emotional development and (ii) yield both qualitative and quantitative data in each of these domains. Data obtained through administration of the kindergarten entry assessment shall be used to populate relevant fields in a longitudinal data base. The language and literacy component of the kindergarten entry assessment may be used as a formative and diagnostic reading assessment as provided in G.S. 115C-83.6 .
5. The kindergarten entry assessment shall be (i) administered at the classroom level in all local school administrative units; (ii) aligned to North Carolina's early learning and development standards and to the standard course of study; and (iii) reliable, valid, and appropriate for use with all children, including those with disabilities and those who are English language learners.
6. The results of the developmental screening and the kindergarten entry assessment shall be used to inform the following:
   1. The status of children's learning at kindergarten entry.
   2. Instruction of each child.
   3. Efforts to reduce the achievement gap at kindergarten entry.
   4. Continuous improvement of the early childhood system.

(2012-142, s. 7A.1(b); 2014-5, s. 4.)

Editor's Note. - Session Laws 2012-142, s. 7A.1(b), enacted this section as G.S. 115C-83.1 E. It has been renumbered as this section at the direction of the Revisor of Statutes.

Session Laws 2013-363, s. 3.9, provides: "Notwithstanding Section 7A.1(i) of S.L. 2012-142 or any other provision of law to the contrary, the developmental screening and kindergarten entry assessment required by G.S. 115C-83.5 shall be administered beginning with the 2014-2015 school year in at least fifty percent (50%) of local school administrative units with statewide administration implemented no later than the 2015-2016 school year."

Session Laws 2014-5 s. 10, provides: "The State Board of Education shall implement the developmental screening instrument as provided in G.S. 115C-83.5 in each school in a local school administrative unit enrolling kindergarten students, and according to the approved time line for the administration of the Kindergarten Entry Assessment as provided under Section 3.9 of S.L. 2013-363. Additional components of the Kindergarten Entry Assessment shall be fully implemented in each school in a local school administrative unit enrolling kindergarten students beginning with the 2016-2017 school year."

Effect of Amendments. - Session Laws 2014-5, s. 4, effective June 10, 2014, rewrote subsection (d).

§ 115C-83.6. (Applicable before the beginning of the 2022-2023 school year) Facilitating early grade reading proficiency.

1. Kindergarten, first, second, and third grade students shall be assessed with valid, reliable, formative, and diagnostic reading assessments made available to local school administrative units by the State Board of Education pursuant to G.S. 115C-174.11(a) . Difficulty with reading development identified through administration of formative and diagnostic assessments shall be addressed with instructional supports and services. Parents or guardians of first and second grade students demonstrating reading comprehension below grade level as identified through assessments administered pursuant to this subsection shall be encouraged to enroll their student in a reading camp provided by the local school administrative unit. Parents or guardians of a student identified as demonstrating reading comprehension below grade level shall make the final decision regarding a student's reading camp attendance.

   (a1) Kindergarten through third grade reading assessments shall yield data that can be used with the Education Value-Added Assessment System (EVAAS) to analyze student data to identify root causes for difficulty with reading development and to determine actions to address them.

   (a2) The Department of Public Instruction shall provide for EVAAS analysis all formative and diagnostic assessment data collected pursuant to this section for kindergarten through third grade. The Department shall use a uniform template for all data collected, and the template shall be used each time data is provided. The template shall include clear designations for each data component reported.

2. Formative and diagnostic assessments and resultant instructional supports and services shall address oral language, phonological and phonemic awareness, phonics, vocabulary, fluency, and comprehension using developmentally appropriate practices. These assessments may be administered by computer or other electronic device.
3. Local school administrative units are encouraged to partner with community organizations, businesses, and other groups to provide volunteers, mentors, or tutors to assist with the provision of instructional supports and services that enhance reading development and proficiency.

(2012-142, s. 7A.1(b); 2015-241, s. 8.48(b); 2017-57, s. 7.27(a); 2018-5, s. 7.24(b); 2018-97, s. 2.10; 2021-8, s. 10(b).)

Section set out twice. - The section above is applicable before the beginning of the 2022-2023 school year. For the section applicable beginning with the 2022-2023 school year, see the following section, also numbered G.S. 115C-83.6 .

Editor's Note. - Session Laws 2012-142, s. 7A.1(b), enacted this section as G.S. 115C-83.1 F. It has been renumbered as this section at the direction of the Revisor of Statutes.

Session Laws 2017-57, s. 7.27(b), (c), as amended by Session Laws 2018-5, s. 7.23, provides: "(b) The State Superintendent shall issue a Request for Proposals (RFP) to vendors of diagnostic reading assessment instruments to provide one or more valid, reliable, formative, and diagnostic reading assessment instrument or instruments for use pursuant to G.S. 115C-174.11 . At a minimum, the diagnostic reading assessment instrument or instruments provided by the selected vendor shall meet all of the following criteria:

"(1) Yield data that can be used with the Education Value-Added Assessment System (EVAAS).

"(2) Demonstrate close alignment with student performance on State assessments, including all assessments required in kindergarten through third grade by Part 2 of Article 10A of Chapter 115C of the General Statutes.

"(3) Demonstrate high rates of predictability as to student performance on State assessments, including all assessments required in kindergarten through third grade by Part 2 of Article 10A of Chapter 115C of the General Statutes.

"(c) The State Superintendent shall form and supervise an Evaluation Panel to review the proposals received pursuant to the RFP issued in accordance with subsection (b) of this section. The Evaluation Panel shall be composed of persons employed within the Department of Public Instruction. By December 1, 2018, the Evaluation Panel, with the approval of the State Superintendent, shall select one vendor to provide the assessment instrument or instruments for the 2019-2020 school year. In determining which vendor to select, the Evaluation Panel shall consider, at a minimum, all of the following factors:

"(1) The time required to conduct formative and diagnostic assessments with the intention of minimizing the impact on instructional time.

"(2) The level of integration of assessment results with instructional support for teachers and students.

"(3) The timeliness in reporting assessment results to teachers and administrators.

"(4) The ability to provide timely assessment results to parents and guardians."

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 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. 2.3(c), provides: "Diagnostic and Formative Assessments. - For the 2019-2020 school year, for the diagnostic and formative reading assessments for kindergarten, first, second, and third grade students described in G.S. 115C-83.6 and G.S. 115C-174.11(a) , additional assessments beyond those administered prior to March 16, 2020, are not required."

Session Laws 2020-3, s. 2.7(c), provides: "Reading Camps. - Notwithstanding G.S. 115C-83.6(a) , 115C-83.8(a), and 115C-83.11, and any other provision of law to the contrary, local school administrative units are not required to provide reading camps corresponding to the 2019-2020 school year."

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

Session Laws 2021-8, s. 1, provides: "This act shall be known as the ‘Excellent Public Schools Act of 2021.'"

Effect of Amendments. - Session Laws 2015-241, s. 8.48(b), effective July 1, 2015, added the last two sentences in subsection (a), and designated the former last sentence of subsection (a) as subsection (a1). For effective date and applicability, see Editor's note.

Session Laws 2017-57, s. 7.27(a), effective July 1, 2017, in subsection (a1), deleted "To the greatest extent possible" at the beginning and deleted "or a compatible and comparable system approved by the State Board of Education" following "(EVAAS)"; and added the second sentence in (b). For applicability, see editor's note.

Session Laws 2018-5, s. 7.24(b), effective July 1, 2018, added subsection (a2). For applicability, see editor's note.

Session Laws 2018-97, s. 2.10, effective July 1, 2018, deleted "or G.S. 115C-174.11 " following "this section" in subsection (a2).

Session Laws 2021-8, s. 10(b), effective April 9, 2021, added the last two sentences in subsection (a2).

§ 115C-83.6. (Applicable beginning with the 2022-2023 school year) Facilitating early grade reading proficiency.

1. Kindergarten, first, second, and third grade students shall be assessed with valid, reliable, formative, and diagnostic reading assessments made available to local school administrative units by the State Board of Education pursuant to G.S. 115C-174.11(a) . Difficulty with reading development identified through administration of formative and diagnostic assessments shall be addressed with literacy interventions outlined in the student's Individual Reading Plan. Parents or guardians of first and second grade students offered a reading camp as a literacy intervention shall be encouraged to enroll their student in the reading camp provided by the local school administrative unit. Parents or guardians of a student identified as demonstrating reading comprehension below grade level shall make the final decision regarding a student's reading camp attendance.

   (a1) Kindergarten through third grade reading assessments shall yield data that can be used with the Education Value-Added Assessment System (EVAAS) to analyze student data to identify root causes for difficulty with reading development and to determine actions to address them.

   (a2) The Department of Public Instruction shall provide for EVAAS analysis all formative and diagnostic assessment data collected pursuant to this section for kindergarten through third grade. The Department shall use a uniform template for all data collected, and the template shall be used each time data is provided. The template shall include clear designations for each data component reported.

2. Formative and diagnostic assessments and resultant literacy interventions shall address oral language, phonological and phonemic awareness, phonics, vocabulary, fluency, and comprehension using developmentally appropriate practices. These assessments may be administered by computer or other electronic device.
3. Local school administrative units are encouraged to partner with community organizations, businesses, and other groups to provide volunteers, mentors, or tutors to assist with the provision of literacy interventions that enhance reading development and proficiency.

(2012-142, s. 7A.1(b); 2015-241, s. 8.48(b); 2017-57, s. 7.27(a); 2018-5, s. 7.24(b); 2018-97, s. 2.10; 2021-8, ss. 6(c), 10(b).)

Section set out twice. - The section above is applicable beginning with the 2022-2023 school year. For the section applicable before the beginning of the 2022-2023 school year, see the preceding section, also numbered G.S. 115C-83.6 .

Editor's Note. - Session Laws 2012-142, s. 7A.1(b), enacted this section as G.S. 115C-83.1 F. It has been renumbered as this section at the direction of the Revisor of Statutes.

Session Laws 2017-57, s. 7.27(b), (c), as amended by Session Laws 2018-5, s. 7.23, provides: "(b) The State Superintendent shall issue a Request for Proposals (RFP) to vendors of diagnostic reading assessment instruments to provide one or more valid, reliable, formative, and diagnostic reading assessment instrument or instruments for use pursuant to G.S. 115C-174.11 . At a minimum, the diagnostic reading assessment instrument or instruments provided by the selected vendor shall meet all of the following criteria:

"(1) Yield data that can be used with the Education Value-Added Assessment System (EVAAS).

"(2) Demonstrate close alignment with student performance on State assessments, including all assessments required in kindergarten through third grade by Part 2 of Article 10A of Chapter 115C of the General Statutes.

"(3) Demonstrate high rates of predictability as to student performance on State assessments, including all assessments required in kindergarten through third grade by Part 2 of Article 10A of Chapter 115C of the General Statutes.

"(c) The State Superintendent shall form and supervise an Evaluation Panel to review the proposals received pursuant to the RFP issued in accordance with subsection (b) of this section. The Evaluation Panel shall be composed of persons employed within the Department of Public Instruction. By December 1, 2018, the Evaluation Panel, with the approval of the State Superintendent, shall select one vendor to provide the assessment instrument or instruments for the 2019-2020 school year. In determining which vendor to select, the Evaluation Panel shall consider, at a minimum, all of the following factors:

"(1) The time required to conduct formative and diagnostic assessments with the intention of minimizing the impact on instructional time.

"(2) The level of integration of assessment results with instructional support for teachers and students.

"(3) The timeliness in reporting assessment results to teachers and administrators.

"(4) The ability to provide timely assessment results to parents and guardians."

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 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. 2.3(c), provides: "Diagnostic and Formative Assessments. - For the 2019-2020 school year, for the diagnostic and formative reading assessments for kindergarten, first, second, and third grade students described in G.S. 115C-83.6 and G.S. 115C-174.11(a) , additional assessments beyond those administered prior to March 16, 2020, are not required."

Session Laws 2020-3, s. 2.7(c), provides: "Reading Camps. - Notwithstanding G.S. 115C-83.6(a) , 115C-83.8(a), and 115C-83.11, and any other provision of law to the contrary, local school administrative units are not required to provide reading camps corresponding to the 2019-2020 school year."

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

Session Laws 2021-8, s. 1, provides: "This act shall be known as the ‘Excellent Public Schools Act of 2021.'"

Session Laws 2021-8, s. 6(m), made the amendments to this section by Session Laws 2021-8, s. 6(c), applicable beginning with the 2022-2023 school year.

Effect of Amendments. - Session Laws 2015-241, s. 8.48(b), effective July 1, 2015, added the last two sentences in subsection (a), and designated the former last sentence of subsection (a) as subsection (a1). For effective date and applicability, see Editor's note.

Session Laws 2017-57, s. 7.27(a), effective July 1, 2017, in subsection (a1), deleted "To the greatest extent possible" at the beginning and deleted "or a compatible and comparable system approved by the State Board of Education" following "(EVAAS)"; and added the second sentence in (b). For applicability, see editor's note.

Session Laws 2018-5, s. 7.24(b), effective July 1, 2018, added subsection (a2). For applicability, see editor's note.

Session Laws 2018-97, s. 2.10, effective July 1, 2018, deleted "or G.S. 115C-174.11 " following "this section" in subsection (a2).

Session Laws 2021-8, s. 6(c), effective April 9, 2021, rewrote the section. For applicability, see editor's note.

Session Laws 2021-8, s. 10(b), effective April 9, 2021, added the last two sentences in subsection (a2).

§ 115C-83.6A. (Applicable beginning with the 2022-2023 school year) Approval of literacy intervention plans.

1. Each local school administrative unit shall submit to the Department of Public Instruction a plan for the literacy interventions it will offer, including reading camps, in the following school year no later than October 1. The plan shall include information about the local school administrative unit's efforts to staff reading camps with the most qualified teachers possible, including the unit's efforts to attract teachers associated with high growth in reading based on EVAAS data and teachers who have earned a reading bonus. The plan shall incorporate any feedback received from the Department on the previous year's plan. As part of their plans, local school administrative units are encouraged to partner with other local school administrative units and with community organizations to enhance literacy interventions.
2. The Department of Public Instruction shall review each local school administrative unit's plan and approve only those literacy interventions that (i) provide instruction that is closely aligned with the goals and meet the requirements in this Part and (ii) comply with the literacy intervention standards published by the State Board of Education. No later than February 15, the Department shall notify each local school administrative unit of approval or denial of its plan and shall provide feedback if the plan is denied. No later than February 15, the Department shall report to the Joint Legislative Education Oversight Committee on which local school administrative units have literacy intervention plans that were (i) approved and (ii) denied. No later than March 15, if its plan was denied, a local school administrative unit may submit an amended plan to the Department of Public Instruction. The Department shall notify the local school administrative unit if the amended plan is approved or denied no later than April 15.
3. State-provided literacy intervention funds shall not be released to any local school administrative unit for which a literacy intervention plan has not been approved by the Department of Public Instruction by April 15. Any local school administrative unit denied approval shall use local funds to fulfill the requirement to provide literacy interventions as provided in this Part.

(2021-8, s. 6(d).)

Editor's Note. - Session Laws 2021-8, s. 1, provides: "This act shall be known as the ‘Excellent Public Schools Act of 2021.'"

Session Laws 2021-8, s. 6(m), made this section, as added by Session Laws 2021-8, s. 6(d), applicable beginning with the 2022-2023 school year.

Session Laws 2021-8, s. 11, made this section effective April 9, 2021.

§ 115C-83.6B. (Applicable beginning with the 2022-2023 school year) Individual Reading Plans.

1. An Individual Reading Plan (IRP) shall be developed for any student in kindergarten through third grade demonstrating difficulty with reading development based on the results of either (i) the first diagnostic or formative assessment of the school year or (ii) the first diagnostic or formative assessment of the second semester of the school year. The IRP shall be continually adjusted based on multiple data sources as prescribed by the Department of Public Instruction, indicating that the student is not progressing toward grade-level standards in one or more major reading areas. Based on the most recently collected data, the IRP shall include the following information, specific to the identified student:
   1. The specific reading skill deficiencies identified by assessment data.
   2. Goals and benchmarks for growth.
   3. The means by which progress will be monitored and evaluated.
   4. The specific additional literacy interventions the student will receive.
   5. The Science of Reading-based instructional programming the teacher will implement.
   6. Any additional services the teacher deems appropriate to accelerate the student's reading skill and development.
2. A student's parent or guardian shall be given notice that the student has been identified as having difficulty with reading development and that an IRP has been developed. The notice shall provide the parent or guardian the following:
   1. Specific strategies that can be easily understood and implemented to assist the student in reading at grade level.
   2. Encouragement to select one or more strategies for use at home that build on the student's interests and are most likely to engage the student and result in reading improvement.
   3. Direction to free online or hard copy literacy resources that can be accessed via a prominently displayed area on the homepage of the primary website maintained by the Department of Public Instruction and by the local school administrative unit.
3. A multitiered system of support intervention may be used to satisfy the requirements of this section if all of the components of subsection (a) of this section are incorporated in the intervention.
4. The Department shall develop the following model documentation of compliance with the requirements of this section:
   1. An IRP checklist.
   2. An alternative document for use with a multitiered system of support intervention.

(2021-8, s. 6(e).)

Editor's Note. - Session Laws 2021-8, s. 1, provides: "This act shall be known as the ‘Excellent Public Schools Act of 2021.'"

Session Laws 2021-8, s. 6(m), made this section, as added by Session Laws 2021-8, s. 6(e), applicable beginning with the 2022-2023 school year.

Session Laws 2021-8, s. 11, made this section effective April 9, 2021.

§ 115C-83.7. Elimination of social promotion.

1. The State Board of Education shall require that a student be retained in the third grade if the student fails to demonstrate reading proficiency appropriate for a third grade student, as demonstrated on a State-approved standardized test of reading comprehension administered to third grade students. The test may be readministered once prior to the end of the school year.
2. (Applicable before the beginning of the 2022-2023 school year) Students may be exempt from mandatory retention in third grade for good cause, but shall continue to be eligible to participate in reading camps, receive instructional supports and services and reading interventions appropriate for their age and reading level. Good cause exemptions shall be limited to the following:
   1. Limited English Proficient students with less than two school years of instruction in an English as a Second Language program.
   2. Students with disabilities, as defined in G.S. 115C-106.3(1) , and whose individualized education program indicates (i) the use of the NCEXTEND1 alternate assessment, (ii) at least a two school year delay in educational performance, or (iii) receipt of intensive reading interventions for at least two school years.
   3. Students who demonstrate reading proficiency appropriate for third grade students on an alternative assessment approved by the State Board of Education.
   4. Students who demonstrate, through a student reading portfolio, reading proficiency appropriate for third grade students. Student reading portfolio and review processes used by local school administrative units shall be approved by the State Board of Education.
   5. Students who have (i) received reading intervention and (ii) previously been retained more than once in kindergarten, first, second, or third grades.

      (b) (Applicable beginning with the 2022-2023 school year) Students may be exempt from mandatory retention in third grade for good cause, but shall continue to be eligible to participate in reading camps and receive literacy interventions appropriate for their age and reading level. Good cause exemptions shall be limited to the following:

      (1) Limited English Proficient students with less than two school years of instruction in an English as a Second Language program.

      (2) Students with disabilities, as defined in G.S. 115C-106.3(1) , and whose individualized education program indicates (i) the use of the NCEXTEND1 alternate assessment, (ii) at least a two school year delay in educational performance, or (iii) receipt of intensive literacy interventions for at least two school years.

      (3) Students who demonstrate reading proficiency appropriate for third grade students on an alternative assessment approved by the State Board of Education.

      (4) Students who demonstrate, through a student reading portfolio, reading proficiency appropriate for third grade students. Student reading portfolio and review processes used by local school administrative units shall be approved by the State Board of Education.

      (5) Students who have (i) received literacy interventions and (ii) previously been retained more than once in kindergarten, first, second, or third grades.

3. The superintendent shall determine whether a student may be exempt from mandatory retention on the basis of a good cause exemption. The following steps shall be taken in making the determination:
   1. (Applicable before the beginning of the 2022-2023 school year) The teacher of a student eligible for a good cause exemption shall submit documentation of the relevant exemption and evidence that promotion of the student is appropriate based on the student's academic record to the principal. Such evidence shall be limited to the student's individual education program, if applicable, alternative assessment, or student reading portfolio.

      (1) (Applicable beginning with the 2022-2023 school year) The teacher of a student eligible for a good cause exemption shall submit documentation of the relevant exemption and evidence that promotion of the student is appropriate based on the student's academic record to the principal. Such evidence shall be limited to the student's individualized education program, if applicable, alternative assessment, or student reading portfolio.

   2. The principal shall review the documentation and make an initial determination whether the student should be promoted. If the principal determines the student should be promoted, the principal shall make a written recommendation of promotion to the superintendent for final determination. The superintendent's acceptance or rejection of the recommendation shall be in writing.

(2012-142, s. 7A.1(b); 2014-5, s. 5; 2015-46, s. 2; 2021-8, s. 6(f).)

Subsection (b) and Subdivision (c)(1) Set Out Twice. - The first versions of subsection (b) and subdivision (c)(1) set out above are applicable before the beginning of the 2022-2023 school year. The second versions of subsection (b) and subdivision (c)(1) set out above are applicable beginning with the 2022-2023 school year.

Editor's Note. - Session Laws 2012-142, s. 7A.1(b), enacted this section as G.S. 115C-83.1 G. It has been renumbered as this section at the direction of the Revisor of Statutes.

Session Laws 2013-360, s. 8.17(a), which expires at the end of the 2014-2015 school year, provides: "(a) The purpose of the Harvard University Reads for Summer Learning Initiative, which is conducted in concert with Communities In Schools of North Carolina, Inc. (CISNC), is to help at-risk children in grades two through four read at grade level by the fourth grade and to maintain their reading competency. Students who are enrolled in this initiative shall be exempt from mandatory retention requirements set out in G.S. 115C-83.7 and G.S. 115C-238.29F. Any student participating in this initiative and in need of more intensive intervention shall, however, be placed in a summer reading program as determined by the local school administrative unit and as approved by the child's parent or guardian."

Session Laws 2013-360, s. 8.17(b), provides: "(b) CISNC shall report to the Joint Legislative Education Oversight Committee on the initiative by November 1, 2015. This report shall include reading competency outcome data for all participating students."

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 2015-46, s. 3.5, provides: "The State Board of Education shall report to the Joint Legislative Education Oversight Committee by November 15, 2016, on how at risk students are identified and being served through interventions to prevent academic failure."

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. 2.7(a), provides: "Third Grade Retention Determination. - For grade level determination for the 2020-2021 school year, the following applies:

"(1) Notwithstanding the provisions of G.S. 115C-83.7 and the requirement in G.S. 115C-288(a) that a principal's authority to grade and classify pupils is limited by the requirements of G.S. 115C-83.7(a) , principals shall have authority to determine the appropriate 2020-2021 school year grade level for students in the third grade during the 2019-2020 school year in the same manner as for students in all other grade levels. Principals shall designate whether a retained third grade student is retained due to reading deficiencies. Principals are encouraged to consult with a student's 2019-2020 third grade teacher in determining grade classification.

"(2) Notwithstanding the provisions of G.S. 115C-218.85(b) , charter schools shall have authority to determine the appropriate 2020-2021 school year grade level for third grade students in the same manner that grade level classification is determined for other grade levels."

Session Laws 2020-3, s. 2.7(b), provides: "Parental Notice and Interventions. - Consistent with G.S. 115C-83.9(a) , parents or guardians shall receive notice that a first, second, or third grade student demonstrated difficulty with reading development or was not reading at grade level during the 2019-2020 school year based on assessments completed on or before March 13, 2020. The provisions of G.S. 115C-83.9(d) shall apply to this notice.

"For third grade students retained for the 2019-2020 school year based on data from the 2018-2019 school year, the requirements of G.S. 115C-83.9(c) shall not apply beginning March 16, 2020.

"For third grade students retained for the 2020-2021 school year due to reading deficiencies, the provisions of G.S. 115C-83.8(b) through (e) and G.S. 115C-83.9 shall apply in the same manner they would have had the student been retained pursuant to G.S. 115C-83.7(a) , except that notification regarding the exemptions described in G.S. 115C-83.7(b) shall not apply."

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

Session Laws 2021-8, s. 1, provides: "This act shall be known as the ‘Excellent Public Schools Act of 2021.'"

Session Laws 2021-8, s. 6(m), made the amendments to subsection (b) and subdivision (c)(1) by Session Laws 2021-8, s. 6(f), applicable beginning with the 2022-2023 school year.

Effect of Amendments. - Session Laws 2014-5, s. 5, effective June 10, 2014, rewrote subsection (b).

Session Laws 2015-46, s. 2, effective June 2, 2015, deleted "personal education plan" following "limited to the student's" in the second sentence of subdivision (c)(1). For applicability, see editor's note.

Session Laws 2021-8, s. 6(f), effective April 9, 2021, rewrote subsection (b) and substituted "individualized” for "individual” in subdivision (c)(1). For applicability, see editor's note.

§ 115C-83.7A. Reading camps.

1. Reading camps shall meet the following requirements:
   1. Offer at least 72 hours of reading instruction to yield positive reading outcomes for participants.
   2. Be taught by compensated, licensed teachers selected based on demonstrated student outcomes in reading proficiency or in improvement of difficulties with reading development.
   3. Allow volunteer mentors to read with students at times other than during the 72 hours of reading instruction.
   4. (Effective July 1, 2022, and applicable beginning with the 2022-2023 school year) Be provided as outlined in the local school administrative unit's literacy intervention plan.
2. Each local school administrative unit shall provide a signing bonus in an amount determined by the local board of education that is at least one thousand two hundred dollars ($1,200) to any teacher who meets all of the following criteria:
   1. Is associated with high growth in reading based on EVAAS data.
   2. Was awarded a reading performance bonus administered by the Department of Public Instruction.
   3. Accepts employment to provide instruction during a reading camp.
3. Each local school administrative unit shall provide a reading camp performance bonus to a teacher who provided instruction at a third grade reading camp in a per-student amount determined by the local board of education that is at least one hundred fifty dollars ($150.00) for each student not demonstrating reading proficiency assigned to that teacher who demonstrates reading proficiency on an alternative assessment at the end of the reading camp.
4. Notwithstanding G.S. 135-1(7a), any bonus awarded pursuant to subsections (b) and (c) of this section is not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System.
5. A teacher who has earned a reading performance bonus and who provides instruction throughout a full reading camp shall be deemed to have completed two of the continuing education credits related to literacy required by G.S. 115C-270.30(b)(2).

(2021-8, s. 7(b), (c).)

Editor's Note. - Session Laws 2021-8, s. 1, provides: "This act shall be known as the ‘Excellent Public Schools Act of 2021.'"

Session Laws 2021-8, s. 7(d), (e), provide: "(d) To provide the signing bonus required under G.S. 115C-83.7 A, as enacted by this act, local school administrative units shall use the funds contained in Section 7A.1 of S.L. 2012-142, other than the funds provided for reading camps, and federal funds received by a local school administrative unit for the purpose of responding to the impacts of COVID-19. A reading performance bonus refers to a bonus awarded to third, fourth, or fifth grade teachers based on EVAAS student growth index scores.

"(e) To provide the reading camp performance bonus required under G.S. 115C-83.7 A, as enacted by this act, local school administrative units shall use the funds contained in Section 7A.1 of S.L. 2012-142, other than the funds provided for reading camps, and federal funds received by a local school administrative unit for the purpose of responding to the impacts of COVID-19."

Session Laws 2021-8, s. 7(g), provides: "Funds provided for reading camps that are contained in Section 7A.1 of S.L. 2012-142 shall be used only for reading camps. To support early literacy, the Department of Public Instruction is encouraged to maximize the use of the funds contained in Section 7A.1 of S.L. 2012-142 each year.”

Session Laws 2021-8, s. 7(h), provides: "Local school administrative units may use the funds contained in Section 7A.1 of S.L. 2012-142, other than the funds provided for reading camps, to provide any other literacy interventions described in the local school administrative unit's literacy intervention plan."

Session Laws 2021-8, s. 7(j), made this section, as added by Session Laws 2021-8, s. 7(b), effective July 1, 2021, and applicable beginning with the 2021-2022 school year, and made subdivision (a)(4), as added by Session Laws 2021-8, s. 7(c), effective July 1, 2022, and applicable beginning with the 2022-2023 school year.

Effect of Amendments. - Session Laws 2021-8, s. 7(c), added subdivision (a)(4). For effective date and applicability, see editor's note.

§ 115C-83.8. Successful reading development for retained students.

1. Parents or guardians of students not demonstrating reading proficiency shall be encouraged to enroll their student in a reading camp provided by the local school administrative unit. Parents or guardians of a student not demonstrating reading proficiency shall make the final decision regarding a student's reading camp attendance. Local school administrative units shall provide at least one opportunity for students not participating in a reading camp to demonstrate reading proficiency appropriate for third grade students on an alternative assessment or through a student reading portfolio process approved by the State Board of Education prior to retaining the student.
2. (Applicable before the beginning of the 2022-2023 school year) Students retained under G.S. 115C-83.7(a) shall be provided with a teacher selected based on demonstrated student outcomes in reading proficiency and placed in an accelerated reading class or a transitional third and fourth grade class combination, as appropriate. Classroom instruction shall include at least 90 minutes of daily, uninterrupted, evidence-based reading instruction, not to include independent reading time, and other appropriate instructional supports and services and reading interventions.

   (b) (Applicable beginning with the 2022-2023 school year) Students retained under G.S. 115C-83.7(a) shall be provided with a teacher selected based on demonstrated student outcomes in reading proficiency and placed in an accelerated reading class or a transitional third and fourth grade class combination, as appropriate. Classroom instruction shall include at least 90 minutes of daily, uninterrupted, Science of Reading-based instruction, not to include independent reading time, and other appropriate literacy interventions, as outlined in each student's Individual Reading Plan.

3. The State Board of Education shall establish a midyear promotion policy for any student retained under G.S. 115C-83.7(a) who, by November 1, demonstrates reading proficiency through administration of the alternative assessment of reading comprehension or student reading portfolio review. Principals shall use the provisions under G.S. 115C-288(a) to grade and classify students demonstrating reading proficiency after the November 1 midyear promotion deadline.
4. Repealed by Session Laws 2013-360, s. 8.30, effective July 1, 2013.
5. (Applicable before the beginning of the 2022-2023 school year) Parents or guardians of students who have been retained twice under the provisions of G.S. 115C-83.7(a) shall be offered supplemental tutoring for the retained student in evidence-based reading services outside the instructional day.

   (e) (Applicable beginning with the 2022-2023 school year) Parents or guardians of students who have been retained twice under the provisions of G.S. 115C-83.7(a) shall be offered supplemental tutoring grounded in the Science of Reading for the retained student outside the instructional day.

(2012-142, s. 7A.1(b); 2013-360, s. 8.30; 2014-5, s. 6; 2021-8, s. 6(g).)

Subsections (b) and (e) Set Out Twice. - The first versions of subsections (b) and (e) are applicable before the beginning of the 2022-2023 school year. The second versions of subsections (b) and (e) are applicable beginning with the 2022-2023 school year.

Editor's Note. - Session Laws 2012-142, s. 7A.1(b), enacted this section as G.S. 115C-83.1 H. It has been renumbered as this section at the direction of the Revisor of Statutes.

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 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. 2.7(b), provides: "Parental Notice and Interventions. - Consistent with G.S. 115C-83.9(a) , parents or guardians shall receive notice that a first, second, or third grade student demonstrated difficulty with reading development or was not reading at grade level during the 2019-2020 school year based on assessments completed on or before March 13, 2020. The provisions of G.S. 115C-83.9(d) shall apply to this notice.

"For third grade students retained for the 2019-2020 school year based on data from the 2018-2019 school year, the requirements of G.S. 115C-83.9(c) shall not apply beginning March 16, 2020.

"For third grade students retained for the 2020-2021 school year due to reading deficiencies, the provisions of G.S. 115C-83.8(b) through (e) and G.S. 115C-83.9 shall apply in the same manner they would have had the student been retained pursuant to G.S. 115C-83.7(a) , except that notification regarding the exemptions described in G.S. 115C-83.7(b) shall not apply."

Session Laws 2020-3, s. 2.7(c), provides: "Reading Camps. - Notwithstanding G.S. 115C-83.6(a) , 115C-83.8(a), and 115C-83.11, and any other provision of law to the contrary, local school administrative units are not required to provide reading camps corresponding to the 2019-2020 school year."

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

Session Laws 2021-8, s. 1, provides: "This act shall be known as the ‘Excellent Public Schools Act of 2021.'"

Session Laws 2021-8, s. 6(m), made the amendments to subsections (b) and (e) by Session Laws 2021-8, s. 6(g), applicable beginning with the 2022-2023 school year.

Effect of Amendments. - Session Laws 2021-8, s. 6(g), effective April 9, 2021, in subsection (b), substituted "Science of Reading-based” for "evidence-based reading” and "literacy interventions, as outlined in each student's Individual Reading Plan” for "instructional supports and services and reading interventions”; in subsection (e), inserted "grounded in the Science of Reading" and deleted "in evidence-based reading services" preceding "outside the instructional day." For applicability, see editor's note.

§ 115C-83.9. Notification requirements to parents and guardians.

1. Parents or guardians shall be notified in writing, and in a timely manner, that the student shall be retained, unless he or she is exempt from mandatory retention for good cause, if the student is not demonstrating reading proficiency by the end of third grade. Parents or guardians shall receive this notice when a kindergarten, first, second, or third grade student (i) is demonstrating difficulty with reading development; or (ii) is not reading at grade level.
2. (Applicable before the beginning of the 2022-2023 school year) Parents or guardians of any student who is to be retained under the provisions of G.S. 115C-83.7(a) shall be notified in writing of the reason the student is not eligible for a good cause exemption as provided in G.S. 115C-83.7(b) . Written notification shall also include a description of proposed reading interventions that will be provided to the student to remediate identified areas of reading deficiency.

   (b) (Applicable beginning with the 2022-2023 school year) Parents or guardians of any student who is to be retained under the provisions of G.S. 115C-83.7(a) shall be notified in writing of the reason the student is not eligible for a good cause exemption as provided in G.S. 115C-83.7(b) . Written notification shall also include a description of proposed literacy interventions that will be provided to the student to remediate areas where the student has not demonstrated reading proficiency.

3. Parents or guardians of students retained under G.S. 115C-83.7(a) shall receive at least monthly written reports on student progress toward reading proficiency. The evaluation of the student's progress shall be based upon the student's classroom work, observations, tests, assessments, and other relevant information.
4. Teachers and principals shall provide opportunities, including, but not limited to, information sessions, to discuss with parents and guardians the notifications listed in this section.

(2012-142, s. 7A.1(b); 2014-5, s. 7; 2015-46, s. 3; 2021-8, s. 6(h).)

Subsection (b) Set Out Twice. - The first version of subsection (b) set out above is applicable before the beginning of the 2022-2023 school year. The second version of subsection (b) set out above is applicable beginning with the 2022-2023 school year.

Editor's Note. - Session Laws 2012-142, s. 7A.1(b), enacted this section as G.S. 115C-83.1 I. It has been renumbered as this section at the direction of the Revisor of Statutes.

Session Laws 2015-46, s. 3.5, provides: "The State Board of Education shall report to the Joint Legislative Education Oversight Committee by November 15, 2016, on how at risk students are identified and being served through interventions to prevent academic failure."

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. 2.7(b), provides: "Parental Notice and Interventions. - Consistent with G.S. 115C-83.9(a) , parents or guardians shall receive notice that a first, second, or third grade student demonstrated difficulty with reading development or was not reading at grade level during the 2019-2020 school year based on assessments completed on or before March 13, 2020. The provisions of G.S. 115C-83.9(d) shall apply to this notice.

"For third grade students retained for the 2019-2020 school year based on data from the 2018-2019 school year, the requirements of G.S. 115C-83.9(c) shall not apply beginning March 16, 2020.

"For third grade students retained for the 2020-2021 school year due to reading deficiencies, the provisions of G.S. 115C-83.8(b) through (e) and G.S. 115C-83.9 shall apply in the same manner they would have had the student been retained pursuant to G.S. 115C-83.7(a) , except that notification regarding the exemptions described in G.S. 115C-83.7(b) shall not apply."

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

Session Laws 2021-8, s. 1, provides: "This act shall be known as the ‘Excellent Public Schools Act of 2021.'"

Session Laws 2021-8, s. 6(m), made the amendments to subsection (b) by Session Laws 2021-8, s. 6(h), applicable beginning with the 2022-2023 school year.

Effect of Amendments. - Session Laws 2014-5, s. 7, effective June 10, 2014, substituted "opportunities, including, but not limited to, information sessions" for "opportunities" in subsection (d).

Session Laws 2015-46, s. 3, effective June 2, 2015, deleted former subdivision (a)(iii), which read: "has a personal education plan under G.S. 115C-105.41 " and made a related change. For applicability, see editor's note.

Session Laws 2021-8, s. 6(h), effective April 9, 2021, in subsection (b), substituted "literacy interventions” for "reading interventions” and "areas where the student has not demonstrated reading proficiency” for "identified areas of reading deficiency.” For applicability, see editor's note.

§ 115C-83.10. (Applicable before the beginning of the 2022-2023 school year) Accountability measures.

1. Each local board of education shall publish annually on a Web site maintained by that local school administrative unit and report in writing to the State Board of Education by September 1 of each year the following information on the prior school year:
   1. The number and percentage of third grade students demonstrating and not demonstrating reading proficiency on the State-approved standardized test of reading comprehension administered to third grade students.
   2. The number and percentage of third grade students who take and pass an alternative assessment of reading comprehension and the name of each alternative assessment used for this purpose with the number of students who passed it.
   3. The number and percentage of third grade students retained for not demonstrating reading proficiency.
   4. The number and percentage of third grade students exempt from mandatory third grade retention by category of exemption as listed in G.S. 115C-83.7(b) .
   5. The number and percentage of first grade students demonstrating and not demonstrating reading comprehension at grade level.
   6. The number and percentage of second grade students demonstrating and not demonstrating reading comprehension at grade level.
   7. For each grade level, the number and percentage of students eligible for priority enrollment in reading camp under G.S. 115C-83.11(b) and, for each grade level, the number and percentage of those students who attend reading camp.
2. Each local board of education shall report annually in writing to the State Board of Education by September 1 of each year the following information on the prior school year:
   1. A description of all reading interventions provided to students who have been retained under G.S. 115C-83.7(a) .
   2. The number of first and second grade students attending a reading camp offered by the local board.
   3. The license area or areas, years of licensed teaching experience, grade level assignment, and any other specific subject-area assignments of each teacher providing instruction at a reading camp.
   4. The number and percentage of teachers providing instruction at a reading camp who were paid a reading performance bonus during the school year immediately preceding the reading camp and the grade level on which the bonus was based.

      (b1) Each local board of education shall report annually in writing to the State Board of Education by November 15 of each year, for the prior school year, (i) the number and percentage of third grade students who did not demonstrate proficiency upon entering reading camp and who became proficient after completing reading camp and (ii) for each grade level, the number and percentage of first and second grade students who demonstrated reading comprehension below grade level upon entering camp and who demonstrated reading comprehension at or above grade level after completing reading camp.

3. The State Board of Education shall establish a uniform format for local boards of education to report the required information listed in subsections (a) and (b) of this section and shall provide the format to local boards of education no later than 90 days prior to the annual due date. The State Board of Education shall compile annually this information and submit a State-level summary to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Joint Legislative Education Oversight Committee by December 15, 2016, and annually thereafter. The State-level summary shall include, for each local school administrative unit, every component listed in subsections (a), (b), and (b1) of this section.
4. The State Board of Education and the Department of Public Instruction shall provide technical assistance as needed to aid local school administrative units to implement all provisions of this Part.
5. Local boards of education shall fully complete all information required by this section in the uniform format provided by the State Board.

(2012-142, s. 7A.1(b); 2014-115, s. 81; 2015-241, s. 8.48(c); 2017-102, s. 48(g); 2018-5, s. 7.24(a).)

Section set out twice. - The section above is applicable before the beginning of the 2022-2023 school year. For the section applicable beginning with the 2022-2023 school year, see the following section, also numbered 115C-83.10.

Editor's Note. - Session Laws 2012-142, s. 7A.1(b), enacted this section as G.S. 115C-83.1 J. It has been renumbered as this section at the direction of the Revisor of Statutes.

Session Laws 2015-241, s. 8.48(e), provides: "Notwithstanding G.S. 115C-83.10 , as amended by subsection (c) of this section, the State Board of Education and local boards of educations shall include initial information on first and second grade students in the reports required under G.S. 115C-83.10 by October 15, 2016, and September 1, 2016, respectively."

Session Laws 2015-241, s. 8.48(f), made the amendment to this section by Session Laws 2015-241, s. 8.48(c), effective beginning with the 2015-2016 school year.

Session Laws 2018-5, s. 7.24(d), made the amendment of this section by Session Laws 2018-5, s. 7.24(a), applicable beginning with the 2018-2019 school year, and shall include the reporting of required data from the 2017-2018 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. 39.7, is a severability clause.

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. 2.7(e), provides: "Reporting Requirements. - For the 2020-2021 school year, the following applies:

"(1) Accountability reporting described in G.S. 115C-83.10 shall not be required based on data from the 2019-2020 school year, except that by September 1, 2020, local boards of education shall report to the State Board the following:

"a. The number and percentage of first grade students on track and not on track to meet year-end expectations based on assessments completed on or before March 13, 2020.

"b. The number and percentage of second grade students on track and not on track to meet year-end expectations based on assessments completed on or before March 13, 2020.

"c. The number and percentage of third grade students on track and not on track to meet year-end expectations based on assessments completed on or before March 13, 2020.

"d. The number and percentage of third grade students retained pursuant to subsection (a) of this section for reading deficiencies.

"(2) Reporting requirements described in G.S. 115C-218.85(b)(4) shall not be required based on data from the 2019-2020 school year, except that by September 1, 2020, charter schools and other public school units subject to charter school statutory requirements shall report to the State Board the following:

"a. The number and percentage of third grade students on track and not on track to meet year-end expectations based on assessments completed on or before March 13, 2020.

"b. The number and percentage of third grade students retained pursuant to subsection (a) of this section for reading deficiencies.

"(3) The State Board shall compile the information described in this subsection and shall submit a State-level summary of each component by local school administrative unit and charter school to the Joint Legislative Education Oversight Committee by October 15, 2020."

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

Effect of Amendments. - Session Laws 2014-115, s. 81, effective August 11, 2014, substituted "October 15" for "October 1" in the last sentence of subsection (c).

Session Laws 2015-241, s. 8.48(c), effective July 1, 2015, added subdivisions (a)(5) and (a)(6); added the last sentence in subsection (b), and substituted "2015-2016" for "2014-2015" near the end of subsection (c). For applicability, see editor's note.

Session Laws 2017-102, s. 48(g), effective July 12, 2017, substituted "December 15, 2016, and annually thereafter" for "October 15 of each year, beginning with the 2015-2016 school year" in subsection (c).

Session Laws 2018-5, s. 7.24(a), effective July 1, 2018, in subdivision (a)(2), substituted "an alternative" for "the alternative" and added "and the name of each alternative assessment used for this purpose with the number of students who passed it"; added subdivision (a)(7); in the introductory paragraph of subsection (b), inserted "the following information on the prior school year"; deleted "The local board of education shall also include in the report" at the beginning of subdivision (b)(2); added subdivisions (b)(3) and (4); added subsection (b1); in subsection (c), added the last sentence; and added subsection (e). For applicability, see editor's note.

§ 115C-83.10. (Applicable beginning with the 2022-2023 school year) Accountability measures.

1. Each local board of education shall publish annually on a Web site maintained by that local school administrative unit and report in writing to the State Board of Education by September 1 of each year the following information on the prior school year:
   1. The number and percentage of third grade students demonstrating and not demonstrating reading proficiency on the State-approved standardized test of reading comprehension administered to third grade students.
   2. The number and percentage of third grade students who take and pass an alternative assessment of reading comprehension and the name of each alternative assessment used for this purpose with the number of students who passed it.
   3. The number and percentage of third grade students retained for not demonstrating reading proficiency.
   4. The number and percentage of third grade students exempt from mandatory third grade retention by category of exemption as listed in G.S. 115C-83.7(b) .
   5. The number and percentage of first grade students demonstrating and not demonstrating reading comprehension at grade level.
   6. The number and percentage of second grade students demonstrating and not demonstrating reading comprehension at grade level.
   7. For each grade level, the number and percentage of students eligible for priority enrollment in reading camp under G.S. 115C-83.11(b) and, for each grade level, the number and percentage of those students who attend reading camp.
2. Each local board of education shall report annually in writing to the State Board of Education by September 1 of each year the following information on the prior school year:
   1. A description of all literacy interventions provided to students who have been retained under G.S. 115C-83.7(a) .
   2. The number of first and second grade students attending a reading camp offered by the local board.
   3. The license area or areas, years of licensed teaching experience, grade level assignment, and any other specific subject-area assignments of each teacher providing instruction at a reading camp.
   4. The number and percentage of teachers providing instruction at a reading camp who were paid a reading performance bonus during the school year immediately preceding the reading camp and the grade level on which the bonus was based.
   5. The number of kindergarten through third grade students with an Individual Reading Plan.

      (b1) Each local board of education shall report annually in writing to the State Board of Education by November 15 of each year, for the prior school year, (i) the number and percentage of third grade students who did not demonstrate proficiency upon entering reading camp and who became proficient after completing reading camp and (ii) for each grade level, the number and percentage of first and second grade students who demonstrated difficulty with reading upon entering camp and who demonstrated reading comprehension at or above grade level after completing reading camp.

      (b2) Each local board of education shall report annually in writing to the State Board of Education by November 15 of each year the number and percentage of retained third grade students placed in an accelerated reading class or transitional third and fourth class combination under G.S. 115C-83.8(b) in the prior school year who were (i) promoted midyear as provided in G.S. 115C-83.8(c) or (ii) promoted directly to fifth grade for the school year following the retention.

3. The State Board of Education shall establish a uniform format for local boards of education to report the required information listed in subsections (a) and (b) of this section and shall provide the format to local boards of education no later than 90 days prior to the annual due date. The State Board of Education shall compile annually this information and submit a State-level summary to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Joint Legislative Education Oversight Committee by December 15, 2016, and annually thereafter. The State-level summary shall include, for each local school administrative unit, every component listed in subsections (a), (b), (b1), and (b2) of this section.
4. The State Board of Education and the Department of Public Instruction shall provide technical assistance as needed to aid local school administrative units to implement all provisions of this Part.
5. Local boards of education shall fully complete all information required by this section in the uniform format provided by the State Board.

(2012-142, s. 7A.1(b); 2014-115, s. 81; 2015-241, s. 8.48(c); 2017-102, s. 48(g); 2018-5, s. 7.24(a); 2021-8, s. 6(i).)

Section set out twice. - The section above is applicable beginning with the 2022-2023 school year. For the section applicable before the beginning of the 2022-2023 school year, see the preceding section, also numbered 115C-83.10.

Editor's Note. - Session Laws 2012-142, s. 7A.1(b), enacted this section as G.S. 115C-83.1 J. It has been renumbered as this section at the direction of the Revisor of Statutes.

Session Laws 2015-241, s. 8.48(e), provides: "Notwithstanding G.S. 115C-83.10 , as amended by subsection (c) of this section, the State Board of Education and local boards of educations shall include initial information on first and second grade students in the reports required under G.S. 115C-83.10 by October 15, 2016, and September 1, 2016, respectively."

Session Laws 2015-241, s. 8.48(f), made the amendment to this section by Session Laws 2015-241, s. 8.48(c), effective beginning with the 2015-2016 school year.

Session Laws 2018-5, s. 7.24(d), made the amendment of this section by Session Laws 2018-5, s. 7.24(a), applicable beginning with the 2018-2019 school year, and shall include the reporting of required data from the 2017-2018 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. 39.7, is a severability clause.

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. 2.7(e), provides: "Reporting Requirements. - For the 2020-2021 school year, the following applies:

"(1) Accountability reporting described in G.S. 115C-83.10 shall not be required based on data from the 2019-2020 school year, except that by September 1, 2020, local boards of education shall report to the State Board the following:

"a. The number and percentage of first grade students on track and not on track to meet year-end expectations based on assessments completed on or before March 13, 2020.

"b. The number and percentage of second grade students on track and not on track to meet year-end expectations based on assessments completed on or before March 13, 2020.

"c. The number and percentage of third grade students on track and not on track to meet year-end expectations based on assessments completed on or before March 13, 2020.

"d. The number and percentage of third grade students retained pursuant to subsection (a) of this section for reading deficiencies.

"(2) Reporting requirements described in G.S. 115C-218.85(b)(4) shall not be required based on data from the 2019-2020 school year, except that by September 1, 2020, charter schools and other public school units subject to charter school statutory requirements shall report to the State Board the following:

"a. The number and percentage of third grade students on track and not on track to meet year-end expectations based on assessments completed on or before March 13, 2020.

"b. The number and percentage of third grade students retained pursuant to subsection (a) of this section for reading deficiencies.

"(3) The State Board shall compile the information described in this subsection and shall submit a State-level summary of each component by local school administrative unit and charter school to the Joint Legislative Education Oversight Committee by October 15, 2020."

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

Session Laws 2021-8, s. 1, provides: "This act shall be known as the ‘Excellent Public Schools Act of 2021.'"

Session Laws 2021-8, s. 6(m), made the amendments to this section by Session Laws 2021-8, s. 6(i), applicable beginning with the 2022-2023 school year.

Effect of Amendments. - Session Laws 2014-115, s. 81, effective August 11, 2014, substituted "October 15" for "October 1" in the last sentence of subsection (c).

Session Laws 2015-241, s. 8.48(c), effective July 1, 2015, added subdivisions (a)(5) and (a)(6); added the last sentence in subsection (b), and substituted "2015-2016" for "2014-2015" near the end of subsection (c). For applicability, see editor's note.

Session Laws 2017-102, s. 48(g), effective July 12, 2017, substituted "December 15, 2016, and annually thereafter" for "October 15 of each year, beginning with the 2015-2016 school year" in subsection (c).

Session Laws 2018-5, s. 7.24(a), effective July 1, 2018, in subdivision (a)(2), substituted "an alternative" for "the alternative" and added "and the name of each alternative assessment used for this purpose with the number of students who passed it"; added subdivision (a)(7); in the introductory paragraph of subsection (b), inserted "the following information on the prior school year"; deleted "The local board of education shall also include in the report" at the beginning of subdivision (b)(2); added subdivisions (b)(3) and (4); added subsection (b1); in subsection (c), added the last sentence; and added subsection (e). For applicability, see editor's note.

Session Laws 2021-8, s. 6(i), effective April 9, 2021, substituted "literacy" for "reading" in subdivision (b)(1); added subdivision (b)(5); substituted "difficulty with reading" for "reading comprehension below grade level" in subsection (b1); added subsection (b2); and substituted "(b1), and (b2)" for "and (b1)" in subsection (c). For applicability, see editor's note.

§ 115C-83.11. (Applicable before the beginning of the 2022-2023 school year) Continued support for students demonstrating reading proficiency and appropriate reading development.

1. Parents or guardians of a student demonstrating reading proficiency appropriate for a third grade student as provided under G.S. 115C-83.7 or a first or second grade student demonstrating appropriate developmental abilities in reading comprehension may choose to enroll the student in the reading camp as defined in G.S. 115C-83.3(4a) but may be charged an attendance fee. Local boards of education may establish a fee amount to be equal to the per student program cost of participating in the reading camp, not to exceed eight hundred twenty-five dollars ($825.00).
2. Priority enrollment in the reading camp is for (i) third grade students not demonstrating reading proficiency as provided under G.S. 115C-83.8 and (ii) first and second grade students demonstrating reading comprehension below grade level under G.S. 115C-83.6 . Local boards of education shall establish application procedures and enrollment priorities for reading camps for students demonstrating reading proficiency.

(2014-5, s. 8; 2015-241, s. 8.48(d).)

Section set out twice. - The section above is applicable before the beginning of the 2022-2023 school year. For the section, applicable beginning with the 2022-2023 school year, see the following section, also numbered G.S. 115C-83.11 .

Editor's Note. - Session Laws 2014-5, s. 17, made this section effective June 10, 2014.

Session Laws 2015-241, s. 8.48(e), provides: "Notwithstanding G.S. 115C-83.10 , as amended by subsection (c) of this section, the State Board of Education and local boards of educations shall include initial information on first and second grade students in the reports required under G.S. 115C-83.10 by October 15, 2016, and September 1, 2016, respectively."

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. 2.7(c), provides: "Reading Camps. - Notwithstanding G.S. 115C-83.6(a) , 115C-83.8(a), and 115C-83.11, and any other provision of law to the contrary, local school administrative units are not required to provide reading camps corresponding to the 2019-2020 school year."

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

Effect of Amendments. - Session Laws 2015-241, s. 8.48(d), effective July 1, 2015, added "and appropriate reading development" to the end of the section heading; inserted "or a first or second grade student demonstrating appropriate developmental disabilities in reading comprehension" in subsection (a); and, in subsection (b), inserted "(i) third grade" and substituted "G.S. 115C-83.8 and (ii) first and second grade students demonstrating reading comprehension below grade level under G.S. 115C-83.6 " for "G.S. 115C-83.8." For applicability, see Editor's note.

§ 115C-83.11. (Applicable beginning with the 2022-2023 school year) Continued support for students demonstrating reading proficiency and appropriate reading development.

1. Parents or guardians of a third grade student demonstrating reading proficiency or a second grade student demonstrating appropriate developmental abilities in reading comprehension may choose to enroll the student in the reading camp but may be charged an attendance fee. If a local board of education offers a reading camp as a literacy intervention for first grade students, parents, or guardians of a first grade student demonstrating appropriate developmental abilities in reading comprehension may choose to enroll the student in the reading camp but may be charged an attendance fee. Local boards of education may establish a fee amount to be equal to the per student program cost of participating in the reading camp, not to exceed eight hundred twenty-five dollars ($825.00).
2. Priority enrollment in the reading camp is for students offered a reading camp as a literacy intervention. Local boards of education shall establish application procedures and enrollment priorities for reading camps for students demonstrating reading proficiency.

(2014-5, s. 8; 2015-241, s. 8.48(d); 2021-8, s. 6(j).)

Section set out twice. - The section above is applicable beginning with the 2022-2023 school year. For the section, applicable before the beginning of the 2022-2023 school year, see the preceding section, also numbered G.S. 115C-83.11 .

Editor's Note. - Session Laws 2014-5, s. 17, made this section effective June 10, 2014.

Session Laws 2015-241, s. 8.48(e), provides: "Notwithstanding G.S. 115C-83.10 , as amended by subsection (c) of this section, the State Board of Education and local boards of educations shall include initial information on first and second grade students in the reports required under G.S. 115C-83.10 by October 15, 2016, and September 1, 2016, respectively."

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. 2.7(c), provides: "Reading Camps. - Notwithstanding G.S. 115C-83.6(a) , 115C-83.8(a), and 115C-83.11, and any other provision of law to the contrary, local school administrative units are not required to provide reading camps corresponding to the 2019-2020 school year."

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

Session Laws 2021-8, s. 1, provides: "This act shall be known as the ‘Excellent Public Schools Act of 2021.'"

Session Laws 2021-8, s. 6(m), made the amendments to this section by Session Laws 2021-8, s. 6(j), applicable beginning with the 2022-2023 school year.

Effect of Amendments. - Session Laws 2015-241, s. 8.48(d), effective July 1, 2015, added "and appropriate reading development" to the end of the section heading; inserted "or a first or second grade student demonstrating appropriate developmental disabilities in reading comprehension" in subsection (a); and, in subsection (b), inserted "(i) third grade" and substituted "G.S. 115C-83.8 and (ii) first and second grade students demonstrating reading comprehension below grade level under G.S. 115C-83.6 " for "G.S. 115C-83.8." For applicability, see Editor's note.

Session Laws 2021-8, s. 6(j), effective April 9, 2021, rewrote the section. For applicability, see editor's note.

§§ 115C-83.12 through 115C-83.14: Reserved for future codification purposes.

§ 115C-83.15. School achievement, growth, performance scores, and grades.

1. School Scores and Grades. - The State Board of Education shall award school achievement, growth, and performance scores and an associated performance grade as required by G.S. 115C-12(9)c1., and calculated as provided in this section.
2. Calculation of the School Achievement Score. - In calculating the overall school achievement score earned by schools, the State Board of Education shall total the sum of points earned by a school as follows:
   1. For schools serving any students in kindergarten through eighth grade, the State Board shall assign points on the following measures available for that school:
      1. One point for each percent of students who score at or above proficient on annual assessments for mathematics in grades three through eight. For the purposes of this Part, an annual assessment for mathematics shall include any mathematics course with an end-of-course test.
      2. One point for each percent of students who score at or above proficient on annual assessments for reading in grades three through eight.
      3. One point for each percent of students who score at or above proficient on annual assessments for science in grades five and eight.
      4. One point for each percent of students who progress in achieving English language proficiency on annual assessments in grades three through eight.
   2. For schools serving any students in ninth through twelfth grade, the State Board shall assign points on the following measures available for that school:
      1. One point for each percent of students who score at or above proficient on either the Algebra I or Integrated Math I end-of-course test or, for students who completed Algebra I or Integrated Math I before ninth grade, another mathematics course with an end-of-course test.
      2. One point for each percent of students who score at or above proficient on the English II end-of-course test.
      3. One point for each percent of students who score at or above proficient on the Biology end-of-course test.
      4. One point for each percent of students who complete Algebra II or Integrated Math III with a passing grade.
      5. One point for each percent 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.
      6. Repealed by Session Laws 2019-142, s. 1, effective July 19, 2019, and applicable to measures based on data from the 2018-2019 school year and each school year thereafter.
      7. One point for each percent of students who graduate within four years of entering high school.
      8. One point for each percent of students who progress in achieving English language proficiency.

         In calculating the overall school achievement score earned by schools, the State Board of Education shall (i) use a composite approach to weigh the achievement elements based on the number of students measured by any given achievement element and (ii) proportionally adjust the scale to account for the absence of a school achievement element for award of scores to a school that does not have a measure of one of the school achievement elements annually assessed for the grades taught at that school. The overall school achievement score shall be translated to a 100-point scale and used for school reporting purposes as provided in G.S. 115C-12(9)c1., 115C-218.65, 115C-238.66, and 116-239.8.

3. Calculation of the School Growth Score. - Using the Education Value-Added Assessment System (EVAAS), the State Board shall calculate the overall growth score earned by schools. In calculating the total growth score earned by schools, the State Board of Education shall weight student growth on the achievement measures as provided in subsection (b) of this section that have available growth values; provided that for schools serving students in grades nine through 12, the growth score shall only include growth values for measures calculated under sub-subdivisions a. and b. of subdivision (2) of subsection (b) of this section. The numerical values used to determine whether a school has met, exceeded, or has not met expected growth shall be translated to a 100-point scale and used for school reporting purposes as provided in G.S. 115C-12(9)c1., 115C-218.65, 115C-238.66, and 116-239.8.
4. Calculation of the Overall School Performance Scores and Grades. - The State Board of Education shall calculate the overall school performance score by adding the school achievement score, as provided in subsection (b) of this section, and the school growth score, as determined using EVAAS as provided in subsection (c) of this section, earned by a school. The school achievement score shall account for eighty percent (80%), and the school growth score shall account for twenty percent (20%) of the total sum. For all schools, the total school performance score shall be converted to a 100-point scale and used to determine an overall school performance grade. The overall school performance grade shall be based on the following scale and shall not be modified to add any other designation related to other performance measures, such as a "plus" or "minus":
   1. A school performance score of at least 85 is equivalent to an overall school performance grade of A.
   2. A school performance score of at least 70 is equivalent to an overall school performance grade of B.
   3. A school performance score of at least 55 is equivalent to an overall school performance grade of C.
   4. A school performance score of at least 40 is equivalent to an overall school performance grade of D.
   5. A school performance score of less than 40 is equivalent to an overall school performance grade of F.

      (d1) Establishment of Subgroups of Students. - The State Board shall establish the minimum number of students in a subgroup served by a school that is necessary to disaggregate information on student performance and to determine a subgroup performance score and grade for the following subgroups of students:

      (1) Economically disadvantaged students.

      (2) Students from major racial and ethnic groups.

      (3) Children with disabilities.

      (4) English learners.

      (d2) Calculation of the School Performance Scores and Grades for Certain Subgroups of Students Served by a School. - In addition to the overall school performance scores and grades awarded under this section, for each school that serves a minimum number of students in a subgroup of students listed in subsection (d1) of this section, the State Board of Education shall calculate school performance scores and shall determine a corresponding school performance grade for each subgroup using the same method as set forth in subsection (d) of this section. School performance scores for subgroups of students shall not be included in the calculation of the overall school performance scores and grades under subsection (d) of this section.

      (d3) Report of Subgroup Performance Scores and Grades. - The subgroup performance scores and grades shall be reported separately on the annual school report card provided under G.S. 115C-12(9)c1., 115C-218.65, 115C-238.66, and 116-239.8 in a way that provides the following information:

      (1) For the current year and the previous two years, the achievement score for each subgroup of students defined in subsection (d1) of this section for the school.

      (2) The statewide average achievement score for each subgroup defined in subsection (d1) of this section.

      (3) The difference between the achievement score for all students in the school and the achievement score for each subgroup that meets the minimum number of students defined in subsection (d1) of this section.

      (4) Based on the information reported in subdivision (3) of this subsection, the State Board shall determine and identify schools that are closing achievement gaps, experiencing a widening of gaps, or seeing no significant gap changes.

5. Elementary and Middle School Reading and Math Achievement Scores. - For schools serving students in kindergarten through eighth grade, the school achievement scores in reading and mathematics, respectively, shall be reported separately on the annual school report card provided under G.S. 115C-12(9)c1., 115C-218.65, 115C-238.66, and 116-239.8.

   (e1) Career and College Readiness Scores. - For schools serving any students in ninth through twelfth grade, 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 shall be reported on the annual school report card provided under G.S. 115C-12(9)c1., 115C-218.65, 115C-238.66, and 116-239.8.

6. Indication of Growth. - In addition to awarding the overall school scores for achievement, growth, and performance and the performance grade, using EVAAS, the State Board shall designate that a school has met, exceeded, or has not met expected growth. The designation of student growth shall be clearly displayed in the annual school report card provided under G.S. 115C-12(9)c1., 115C-218.65, 115C-238.66, and 116-239.8.
7. Access to Annual Report Card Information on the Department's Web Site. - Beginning with data collected in the 2017-2018 school year, the State Board of Education shall provide user-friendly access to the public on the annual report cards issued for local school administrative units and individual schools provided under G.S. 115C-12(9)c1., 115C-218.65, 115C-238.66, and 116-239.8 through the Department of Public Instruction's Web site. The annual report card shall be designed and organized to display the following information more prominently than any other information:
   1. A summary for each local school administrative unit and for each individual school of the school performance grades, whether the school has met, exceeded, or has not met expected growth, and any other information required to be provided as part of the annual report card.
   2. The percentage of schools receiving an overall school performance letter grade of A, B, C, D, or F earned by each school located within a local school administrative unit and statewide.
   3. The number of schools that have met, exceeded, or have not met expected growth by each school located within a local school administrative unit and statewide.
   4. A Web page for each individual school that prominently displays the school's performance grades, whether the school has met, exceeded, or has not met expected growth, and the school's performance and growth scores in a way that is easy for the user to read.
   5. The ability to easily compare annual report card information, including school performance grades and whether schools have met, exceeded, or have not met expected growth, for local school administrative units and for individual schools for a time span of at least three years.

(2013-360, s. 9.4(b); 2013-363, s. 3.6; 2014-5, ss. 13, 14; 2014-101, s. 7; 2016-94, s. 11.6(c); 2017-57, s. 7.26(c); 2017-197, s. 2.5; 2017-206, s. 1(a); 2019-142, ss. 1, 4; 2019-154, s. 1.)

Editor's Note. - Session Laws 2013-360, s. 9.4(b), enacted this section as G.S. 115C-83.11 . It has been renumbered as this section at the direction of the Revisor of Statutes.

Session Laws 2019-142, s. 7, made subsection (e), as added by Session Laws 2019-142, s. 4, and the amendment of subdivision (b)(2) by Session Laws 2019-142, s. 1, 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. 3, provides: "The State Board of Education, in consultation with the State Superintendent of Public Instruction, shall study (i) the weighting of the school achievement score and the school growth score in calculation of the overall school performance score to best reflect performance and progress for each school and (ii) the reporting methods used to meaningfully differentiate schools on the North Carolina annual school report cards. Based on its study, the State Board shall propose recommendations on whether any changes should be made to the current weighting of school achievement scores and school growth scores and how the reporting methods for school performance scores could be improved to more accurately reflect the effectiveness of each North Carolina public school. With the goal of maintaining the current school achievement and school growth measures, the study shall examine methods of reporting data that will better depict school performance and progress. The study shall analyze the feasibility of the following:

"(1) Reporting school achievement and school growth separately.

"(2) Reporting by graph, in a manner that depicts the intersection of (i) school achievement and growth scores, (ii) local school administrative unit achievement and growth scores, and (iii) State achievement and growth scores.

"(3) Including the school achievement and school growth scores for the prior two school years in annual graphical reporting, in order to provide stakeholders with clear, consistent data on individual school progress.

"The State Board, together with the Superintendent, shall submit a final report of the results of its study along with its recommendations to the Joint Legislative Education Oversight Committee by February 15, 2020."

Session Laws 2019-154, s. 4, makes the amendment to subsection (d) of this section by Session Laws 2019-154, s. 1, effective July 22, 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, s. 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. 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."

Effect of Amendments. - Session Laws 2013-363, s. 3.6, effective July 1, 2013, substituted "Algebra II or Integrated Math III" for "the Algebra II or Integrated Math III end-of-course test" in subdivision (b)(7).

Session Laws 2014-5, ss. 13, 14, effective June 10, 2014, rewrote the last paragraph in subsection (b); and rewrote subsection (d).

Session Laws 2014-101, s. 7, effective August 6, 2014, substituted "115C-218.65" for "115C-238.29F" in subsections (b), (c), (e), and (f). See Editor's note for applicability.

Session Laws 2016-94, s. 11.6(c), effective July 1, 2016, substituted "115C-238.66, and 116-239.8" for "and 115C-238.66" in subdivision (b)(10) and subsections (c), (e) and (f).

Session Laws 2017-57, s. 7.26(c), effective July 1, 2017, rewrote the section. For applicability, see editor's note.

Session Laws 2017-197, s. 2.5, effective July 1, 2017, deleted the second sentence in subsection (a); in subsection (c), inserted "the Education Value-Added Assessment System"; in the first sentence of subsection (d) deleted "use EVAAS to" following "The State Board of Education shall" and inserted "determined using EVAAS as" following "school growth score, as"; and deleted "use EVAAS to" following "the State Board of Education shall" in subsection (d2).

Session Laws 2017-206, s. 1(a), effective August 30, 2017, in subsection (c), deleted "as a Measure of School Quality and Student Success" at the end of the subsection catchline and the end of the first sentence, in the second sentence, substituted "measures" for "indicators" and added the proviso at the end. For applicability, see editor's note.

Session Laws 2019-142, ss. 1 and 4, rewrote previous sub-subdivisions (b)(2)e and (b)(2)f as current sub-subdivision (b)(2)e and added subsection (e1). For effective date and applicability, see editor's note.

Session Laws 2019-154, s. 1, substituted "85" for "90" in subdivision (d)(1); substituted "70" for "80" in subdivision (d)(2); substituted "55" for "70" in subdivision (d)(3); substituted "40" for "60" in subdivisions (d)(4) and (d)(5). For effective date and applicability, see editor's note.

§ 115C-83.16. School performance indicators for the purpose of compliance with federal law.

1. The State Board of Education shall use the school performance scores and grades as calculated under G.S. 115C-83.15 to satisfy the federal requirement under the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (ESSA), P.L. 114-95, to meaningfully differentiate the performance of schools on an annual basis. For the purpose of compliance with federal law, the indicators shall be defined as follows:
   1. For schools serving any students in kindergarten through eighth grade, the State Board shall define the indicators as follows:
      1. Academic indicators. -
         1. The academic achievement indicator shall include the following measures:
            1. Proficiency on annual assessments for mathematics in grades three through eight.
            2. Proficiency on annual assessments for reading in grades three through eight.
         2. The other academic indicator shall include the following measures:
            1. Proficiency on annual assessments for science in grade five.
            2. Proficiency on annual assessments for science in grade eight.
         3. The English language proficiency indicator shall be the percentage of students who progress in achieving English language proficiency on annual assessments in grades three through eight.
      2. School quality and student success indicator. - The measure of school quality and student success shall be the growth score earned by schools.
   2. For schools serving any students in ninth through twelfth grade, the State Board shall define the indicators as follows:
      1. Academic indicators. -
         1. The academic achievement indicator shall include the following measures:
            1. Proficiency on either the Algebra I or Integrated Math I end-of-course test or, for students who completed Algebra I or Integrated Math I before ninth grade, another mathematics course with an end-of-course test.
            2. Proficiency on the English II end-of-course test.
            3. The growth score earned by schools.
         2. Repealed by Session Laws 2017-206, s. 1(b), effective August 30, 2017, and applicable beginning with the 2017-2018 school year.
         3. The graduation rate indicator shall be the percentage of students who graduate within four years of entering high school.
         4. The English language proficiency indicator shall be the percentage of students who progress in achieving English language proficiency.
      2. School quality and student success indicator. - The school quality and student success indicator shall be made up of the following measures:
         1. Proficiency on the Biology end-of-course test.
         2. The percentage of students who complete Algebra II or Integrated Math III with a passing grade.
         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.

            4 Repealed by Session Laws 2019-142, s. 2, effective July 19, 2019, and applicable to measures based on data from the 2018-2019 school year and each school year thereafter.

2. Notwithstanding subsection (a) of this section and only for the purpose of conforming with ESSA, the State Board may label measures as indicators different from those described in subsection (a) of this section; provided that each measure shall be calculated in accordance with the requirements of G.S. 115C-83.15 .

(2017-57, s. 7.26(d); 2017-206, s. 1(b); 2019-142, s. 2.)

Editor's Note. - Session Laws 2017-206, s. 1(c), made the rewriting of this section by Session Laws 2017-206, s. 1(b), effective August 30, 2017, and applicable beginning with the 2017-2018 school year.

Session Laws 2019-142, s. 7, made the amendment of sub-subdivision (a)(2)b. by Session Laws 2019-142, s. 2, effective July 19, 2019, and applicable to measures based on data from the 2018-2019 school year and each school year thereafter.

Effect of Amendments. - Session Laws 2017-206, s. 1(b), rewrote the section. For effective date and applicability, see editor's note.

Session Laws 2019-142, s. 2, rewrote previous sub-sub-subdivisions (a)(2)b.3 and (a)(2)b.4 as current sub-sub-subdivision (a)(2)b.3. For effective date and applicability, see editor's note.

§ 115C-83.17. Definitions.

The following definitions apply in this Part:

1. Achievement score. - A numerical score on a scale of zero to 100 that is based on the sum of points earned by a school or by a subgroup of students pursuant to G.S. 115C-83.15 .
2. Growth score. - A numerical score measuring student growth calculated for a school or for a subgroup of students pursuant to G.S. 115C-83.15 .
3. Overall school performance grade. - The letter grade earned by a school for all students served by a school pursuant to G.S. 115C-83.15(d) .
4. Overall school performance score. - The numerical score earned by a school that is calculated by adding the school achievement score and the school growth score earned by a school pursuant to G.S. 115C-83.15(d) .
5. Subgroup performance grade. - The letter grade earned by a school for a subgroup of students served by the school pursuant to G.S. 115C-83.15(d2).
6. Subgroup performance score. - The numerical score earned by a school that is calculated by adding the subgroup achievement score and the subgroup growth score earned by a school pursuant to G.S. 115C-83.15(d2).

(2017-57, s. 7.26(d).)

§ 115C-84: Repealed by Session Laws 1997-443, s. 8.38(a), effective July 1, 1998.

§ 115C-84.2. School calendar.

1. School Calendar. - Each local board of education shall adopt a school calendar consisting of 215 days all of which shall fall within the fiscal year. A school calendar shall include the following:
   1. (Effective until June 30, 2022) A minimum of 185 days or 1,025 hours of instruction covering at least nine calendar months. The local board shall designate when the instructional days shall occur. The number of instructional hours in an instructional day may vary according to local board policy and does not have to be uniform among the schools in the administrative unit. Local boards may approve school improvement plans that include days with varying amounts of instructional time. If school is closed early due to inclement weather, the day and the scheduled amount of instructional hours may count towards the required minimum to the extent allowed by State Board policy. The school calendar shall include a plan for making up days and instructional hours missed when schools are not opened due to inclement weather, and may include the use of remote instruction in accordance with G.S. 115C-84.3 .

      (1) (Effective June 30, 2022) A minimum of 185 days or 1,025 hours of instruction covering at least nine calendar months. The local board shall designate when the instructional days shall occur. The number of instructional hours in an instructional day may vary according to local board policy and does not have to be uniform among the schools in the administrative unit. Local boards may approve school improvement plans that include days with varying amounts of instructional time. If school is closed early due to inclement weather, the day and the scheduled amount of instructional hours may count towards the required minimum to the extent allowed by State Board policy. The school calendar shall include a plan for making up days and instructional hours missed when schools are not opened due to inclement weather.

      (1a) Repealed by Session Laws 2004-180, s. 1, effective August 9, 2004.

   2. A minimum of 10 annual vacation leave days.
   3. The same or an equivalent number of legal holidays occurring within the school calendar as those designated by the State Human Resources Commission for State employees.
   4. Repealed by Session Laws 2011-145, s. 7.29(a), effective July 1, 2011.
   5. The remaining days scheduled by the local board in consultation with each school's principal for use as teacher workdays, additional instructional days, or other lawful purposes. Before consulting with the local board, each principal shall work with the school improvement team to determine the days to be scheduled and the purposes for which they should be scheduled. Days may be scheduled and planned for different purposes for different personnel and there is no requirement to schedule the same dates for all personnel. In order to make up days for school closing because of inclement weather, the local board may designate any of the days in this subdivision as additional make-up days to be scheduled after the last day of student attendance.

      Local boards and individual schools are encouraged to use the calendar flexibility in order to meet the annual performance standards set by the State Board. Local boards of education shall consult with parents and the employed public school personnel in the development of the school calendar.

      Local boards shall designate at least two days scheduled under subdivision (5) of this subsection as days on which teachers may take accumulated vacation leave. Local boards may designate the remaining days scheduled in subdivision (5) of this subsection as days on which teachers may take accumulated vacation leave, but local boards shall give teachers at least 14 calendar days' notice before requiring a teacher to work instead of taking vacation leave on any of these days. A teacher may elect to waive this notice requirement for one or more of these days.

      (a1) Report on School Start and Release Times. - As part of the reporting requirements under the Uniform Education Reporting System pursuant to G.S. 115C-12(18), each local board of education shall report to the State Board of Education on the start time and release time for each school under control of the local board of education. For the purposes of this subsection, "start time" shall mean the time of day when academic classes begin for the majority of students enrolled in the school, and "release time" shall mean the time of day when academic classes end for the majority of students enrolled in the school. Each local board of education shall also identify and include additional information in the report regarding any schools that have a start time or release time that does not conform to the definitions set forth in this subsection.

      (a2) Report on School Start and End Dates. - As part of the reporting requirements under the Uniform Education Reporting System pursuant to G.S. 115C-12(18), annually by April 1 each local board of education shall report to the Superintendent of Public Instruction and the State Board of Education on the start and end dates of the instructional calendar for students for the next academic year. The local board of education shall report this information for each school under the control of that board and shall identify the statutory exception authorizing an earlier start date for all schools that start earlier than the Monday closest to August 26.

      (a3) The State Board of Education shall report annually no later than June 15 to the Joint Legislative Education Oversight Committee on the start and end dates for instructional calendars for the next academic year reported by local boards of education as provided in subsection (a2) of this section. The report shall identify all schools that start earlier than the Monday closest to August 26 and the statutory exception for the earlier start date.

2. Limitations. - The following limitations apply when developing the school calendar:
   1. The total number of teacher workdays for teachers employed for a 10-month term shall not exceed 195 days.
   2. The calendar shall include at least 42 consecutive days when teacher attendance is not required unless: (i) the school is a year-round school; or (ii) the teacher is employed for a term in excess of 10 months. At the request of the local board of education or of the principal of a school, a teacher may elect to work on one of the 42 days when teacher attendance is not required in lieu of another scheduled workday.
   3. School shall not be held on Sundays.
   4. Veterans Day shall be a holiday for all public school personnel and for all students enrolled in the public schools. The month of November shall be designated "Veterans' History Awareness Month."
3. Emergency Conditions. - During any period of emergency in any section of the State where emergency conditions make it necessary, the State Board of Education may order general, and if necessary, extended recesses or adjournment of the public schools.
4. Opening and Closing Dates. - Local boards of education shall determine the dates of opening and closing the public schools under subdivision (a)(1) of this section. Except for year-round schools, the opening date for students shall be no earlier than the Monday closest to August 26, and the closing date for students shall be no later than the Friday closest to June 11. On a showing of good cause, the State Board of Education may waive the requirement that the opening date for students be no earlier than the Monday closest to August 26 and may allow the local board of education to set an opening date no earlier than the Monday closest to August 19, to the extent that school calendars are able to provide sufficient days to accommodate anticipated makeup days due to school closings. A local board may revise the scheduled closing date if necessary in order to comply with the minimum requirements for instructional days or instructional time. For purposes of this subsection, the term "good cause" means that schools in any local school administrative unit in a county have been closed eight days per year during any four of the last 10 years because of severe weather conditions, energy shortages, power failures, or other emergency situations.

   The required opening and closing dates under this subsection shall not apply to any school that a local board designated as having a modified calendar for the 2003-2004 school year or to 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. Nothing in this section prohibits a local board of education from offering supplemental or additional educational programs or activities outside the calendar adopted under this section.
6. Definitions. - The following definitions shall apply in this section:
   1. Reserved.
   2. Reserved.
   3. Reserved.
   4. Reserved.
   5. Year-round school. - A school with a single- or multi-track instructional calendar to provide instructional days throughout the entire school calendar year, beginning July 1 and ending June 30, by utilizing at least one of the following plans:
      1. A plan dividing students into four groups and requiring each group to be in school for assigned and staggered quarters each school calendar year.
      2. A plan providing students be scheduled to attend four quarters of between 43 and 47 instructional days each school calendar year, with vacation periods for students of between 14 and 18 days separating each quarter.
      3. 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.
      4. In a local school administrative unit with both single- and multi-track instructional calendars, a plan for a single-track instructional calendar that is identical to at least one track of a multi-track instructional calendar adopted by the local board that meets the requirements of either sub-subdivision a. or sub-subdivision c. of this subdivision.

(1997-443, s. 8.38(c); 1998-212, s. 9.18(b); 1999-373, s. 1; 1999-463, Ex. Sess., s. 7A; 2003-8, s. 1; 2003-131, s. 1; 2004-180, s. 1; 2004-203, s. 44; 2006-264, s. 25; 2010-10, s. 1(a); 2010-114, s. 1; 2011-93, s. 1; 2011-145, ss. 7.13(c), (d), 7.29(a); 2011-391, s. 14(b); 2012-142, s. 7A.11(a); 2012-145, s. 2.5; 2013-382, s. 9.1(c); 2016-94, s. 8.24(a); 2017-65, s. 1; 2019-165, s. 4(a); 2020-81, s. 10(a); 2021-130, ss. 3(b), 9(a).)

Subdivision (a)(1) Set Out Twice. - The first version of subdivision (a)(1) set out above is effective until June 30, 2022. The second version of subdivision (a)(1) is effective June 30, 2022.

Local Modification. - (As to instructional day missed at McGee's Crossroads Elementary School on May 11, 2012, due to break in a water line) Johnston County Board of Education: 2012-5, s. 1.

Editor's Note. - Session Laws 2004-180, s. 3, provides: "For certified and noncertified employees employed on or after the effective date of this act [August 9, 2004], the annual rate of pay beginning with the 2005-2006 school year shall not be reduced as the result of this act. Furthermore, nothing in this act shall be construed to change the pay cycle for noncertified employees. The State Board of Education shall report annually to the Joint Legislative Education Oversight Committee on local compliance with this section."

Session Laws 2004-180, s. 5, provides: "Nothing in this act shall require the General Assembly to appropriate funds to implement it or require a local school administrative unit to spend additional funds to implement it."

For prior similar provisions, see Session Laws 2009-451, s. 7.40, as amended by Session Laws 2010-31, s. 7.10, and Session Laws 2011-145, s. 7.17(a) and (b).

The preamble of Session Laws 2011-257, provides: "Whereas, the Constitution of North Carolina reads as follows: 'The people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right'; and

"Whereas, the length of the school year in North Carolina, like many other states in the United States, is currently a minimum of 180 teaching days, and 1,000 hours, and funds for public education in the State are based on the length of the school term; and

"Whereas, North Carolina law does not prohibit school districts from providing more than 180 days of instruction time; and

"Whereas, the seminal education report 'A Nation at Risk' noted in 1984 that the 180-day school calendar had become outdated and could not sufficiently supply the kind of instructional time that American students needed in a world of increasing complexity; and

"Whereas, 180 instructional days consistently puts the United States at or near the bottom of other industrialized nations, according to rankings of instructional time done by the Organization for Economic Cooperation and Development (OECD); and

"Whereas, Trends in International Mathematics and Science Study (TIMSS) studies show that the average time spent in the classroom by students in participating nations is 193, translating into a 156-day instructional day gap for American students over a 12-year academic career, or nearly one full school year.

"Whereas, North Carolina's graduation rate continues to need to improve; and

"Whereas, some experts contend that the current length of the school year does not afford ample time to equip young North Carolinians with the knowledge and skills necessary to compete in an increasingly competitive and global workplace; and

"Whereas, studies document that approximately two-thirds of the grade 9 achievement gap between lower and higher income youth can be explained by unequal access to summer learning opportunities during the elementary school years; and

"Whereas, studies have documented that most students lose about two months of grade level equivalency in mathematical computation skills over the summer break; and

"Whereas, low-income students also lose more than two months in reading achievement, despite the fact that their middle-class peers make slight gains; and

"Whereas, children lose more than academic knowledge over the summer. Most children, particularly children at high risk of obesity, gain weight more rapidly when they are out of school during summer break; and

"Whereas, students typically score lower on standardized tests at the end of summer vacation than they do on the same tests at the beginning of the summer; and

"Whereas, North Carolina continues to spend precious resources on the remediation of its students; and

"Whereas, the State of North Carolina should explore the feasibility of extending its school year and potentially being a model for the nation; Now, therefore,"

Session Laws 2011-257, s. 1, provides: "The General Assembly reaffirms its intent that every child in North Carolina deserves an opportunity to a sound basic education."

Session Laws 2011-257, s. 7, provides: "The Commission may make an interim report of its findings and recommendations to the 2012 Regular Session of the 2011 General Assembly and shall make a final report of its findings and recommendations to the 2013 General Assembly. The Commission shall terminate on December 31, 2012, or the filing of its final report, whichever occurs first."

Session Laws 2011-391, s. 14(b), repealed Session Laws 2011-145, s. 7.13(c) and (d), which would have amended this section by deleting the fourth sentence of subdivision (a)(1) and the second sentence of subdivision (a)(5).

Session Laws 2012-142, s. 7A.6(a), provides: "To fully provide for the expansion of five additional instructional days in accordance with S.L. 2011-145, Section 7.29 for those days for which a local school administrative unit has not requested and received a waiver from the State Board of Education for the 2012-2013 school year:

"(1) Of the funds appropriated from the General Fund to the Department of Public Instruction for the 2012-2013 fiscal year, the sum of forty thousand one hundred sixty-eight dollars ($40,168) shall be used to increase the amount appropriated for the noninstructional support personnel allotment.

"(2) Of the funds appropriated from the General Fund to the Department of Public Instruction for the 2012-2013 fiscal year, the sum of three hundred fifty-one thousand four hundred sixty-nine dollars ($351,469) shall be used to increase the amount appropriated for the transportation allotment."

Session Laws 2012-142, s. 7A.11(e), as added by Session Laws 2012-145, s. 2.5, provides: "Notwithstanding the calendar requirements of G.S. 115C-84.2 , a local board of education may adopt a calendar consisting of a minimum of 185 days or 1,025 hours of instruction covering at least nine calendar months for certain schools within the local school administrative unit that meet all of the following requirements:

"(1) Are located in a local school administrative unit that borders another state and serves a minimum of 135,000 students.

"(2) Participate in a public-private partnership with private monetary investment in the school and local school administrative unit for the purpose of eliminating the educational gap and ensuring that all students graduate from high school prepared to succeed in college and life through a program that requires excellent principals and effective teachers, extended learning time opportunities, access to and effective use of technology, and community support through engaged parents, motivated mentors, and community connections.

"(3) Belong to a feeder pattern that also participate in the same public-private partnership and includes not more than nine schools.

"State funding shall not be used by the local board of education to fund any instructional days in excess of 185 included in a school calendar adopted as provided in this section. Local and private funds may be used to fund additional instructional days in the school calendar. The requirements of G.S. 115C-84.2 shall not apply to a school calendar approved as provided in this section."

Session Laws 2012-142, s. 7A.11(f), as added by Session Laws 2012-145, s 2.5 made the 2012 amendments to this section applicable beginning with the 2013-2014 school year.

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

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

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

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

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

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

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

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

Session Laws 2013-382, s. 9.2, effective August 21, 2013, provides: "No action or proceeding pending on the effective date of this section, brought by or against the State Personnel Commission, the Director of the Office of State Personnel, or the Office of State Personnel, shall be affected by any provision of this section, but the same may be prosecuted or defended in the new name of the Commission, Director, and Office. In these actions and proceedings, the renamed Commission, Director, or Office shall be substituted as a party upon proper application to the courts or other public bodies."

Session Laws 2013-382, s. 9.3, effective August 21, 2013, provides: "Any business or other matter undertaken or commanded by the former State Personnel Commission, State Personnel Director, or Office of State Personnel regarding any State program, office, or contract or pertaining to or connected with their respective functions, powers, obligations, and duties that are pending on the date this act becomes effective may be conducted and completed by the Commission, Director, or Office in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the formerly named commission, director, or office."

Session Laws 2016-94, s. 8.24(b), provides: "By October 1, 2016, each local board of education shall submit an initial report to the State Board of Education as required by G.S. 115C-84.2(a1) , as enacted by this section, that includes information on the start times and release times for the 2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016, and 2016-2017 school years."

Session Laws 2018-135, 3rd Ex. Sess., s. 1.1, provides: "Calendar Flexibility. - Notwithstanding G.S. 115C-75.8(d)(9), 115C-84.2(a)(1), 115C-150.12, 115C-218.85(a)(1), 115C-238.53(d), 115C-238.66(1)d., 116-239.8(b)(2)c., Section 6(e) of S.L. 2018-32, and any other provision of State law to the contrary, if the governing body of a public school unit closed any school under its control due to unusual and extraordinary inclement weather conditions related to Hurricane Florence, calendar flexibility for instructional time missed due to Hurricane Florence during the months of September 2018 and October 2018 shall be provided as follows:

"(1) If the school is located in a public school unit that is located in a county designated before, on, or after the effective date of this act 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, in the discretion of its governing body, the public school unit may (i) make up any number of the instructional days or equivalent hours missed, (ii) deem as completed any number of the instructional days or equivalent hours missed up to a total of 20 days, or (iii) implement any combination of both of the above.

"(2) If the school is located in a public school unit that is not 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, the following shall apply:

"a. If the public school unit's scheduled calendar will already meet 185 instructional days or 1025 instructional hours, no additional days or hours for that school are required to comply with G.S. 115C-84.2 .

"b. For all other schools, for days missed in excess of two days, in the discretion of its governing body, the public school unit may do either or a combination of the following:

"1. Make up any number of the instructional days or equivalent hours missed.

"2. Deem as completed any number of the instructional days or equivalent hours missed.

"For the purposes of this act, "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 2018-135, 3rd Ex. Sess., s. 1.2, provided for compensation for teachers and school employees in public schools that missed instructional days due to Hurricane Florence, and Session Laws 2018-135, 3rd Ex. Sess., s. 1.3, required a report, due March 15, 2019, from the Superintendent of Public Instruction to the chairs of the House of Representatives Committee on Appropriations and the Senate Appropriations•ase Budget Committee, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division of the General Assembly on instructional days missed due to the hurricane, days made up, days not made up pursuant to the act, and compensation paid under s. 1.2.

Session Laws 2019-165, s. 4(b), provides: "Notwithstanding G.S. 115C-84.2(a2) and (a3) as enacted by this act, local boards of education shall submit the report required by subsection (a) of this section with the information for the 2019-2020 school year to the Superintendent of Public Instruction and the State Board of Education by August 1, 2019. The State Board of Education shall then report that information submitted by the local boards of education to the Joint Legislative Education Oversight Committee by September 1, 2019."

Session Laws 2019-238, s. 1(a), (b), provides: "(a) Calendar Flexibility. - Notwithstanding G.S. 115C-84.2(a)(1) and any other provision of State law to the contrary, if the governing body of a local school administrative unit closed any school under its control for more than 18 days due to unusual and extraordinary inclement weather conditions related to Hurricane Dorian, a local board of education in its discretion may provide calendar flexibility for instructional time missed due to Hurricane Dorian at that school during the months of September 2019 and October 2019 in any of the following ways:

"(1) Make up any number of the instructional days or equivalent hours missed.

"(2) Deem as completed any number of the instructional days or equivalent hours missed, up to a total of 20 days.

"(3) Implement any combination of both of the above.

"(b) Employee Compensation. - All employees employed by a local school administrative unit and assigned to a school closed for more than 18 days due to unusual and extraordinary inclement weather conditions related to Hurricane Dorian shall be deemed to have been employed for any scheduled instructional days missed due to Hurricane Dorian during the months of September 2019 and October 2019 that are not made up as provided in subsection (a) of this section. Employees shall be compensated in the same manner as they would have been had they worked on the scheduled instructional days missed."

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. 2.10(a), provides: "Instructional Time Requirements. - A public school unit that provides remote instruction as required by this subsection shall be deemed to have satisfied the minimum days and hours required by G.S. 115C-75.8(d)(9), 115C-84.2(a)(1), 115C-150.12, 115C-218.85(a)(1), 115C-238.53(d), 115C-238.66(1)d., 116-239.8(b)(2)c., and Section 6(e) of S.L. 2018-32 for the 2019-2020 school year. For the purposes of this subsection for the 2019-2020 school year, remote instruction is defined as learning that takes place outside of the traditional school setting using various media and formats, including, but not limited to, video conference, telephone conference, print material, online material, or learning management systems. Each public school unit shall provide remote instruction for the remainder of its scheduled 2019-2020 school year."

Session Laws 2020-3, s. 2.11(a)-(c), as amended by Session Laws 2020-49, s. 3(b), provides: "(a) Remote Instruction Plans. - The governing body of each public school unit shall develop a Remote Instruction Plan (Plan) for the 2020-2021 school year and shall submit its Plan to the State Board no later than July 20, 2020. The purpose of the Plan is to provide a detailed framework for delivering quality remote instruction to all students within the public school unit during the 2020-2021 school year, as provided in subsection (b) of this section. In describing how the public school unit will implement remote instruction, the Plan shall address all of the following:

"(1) Consulting with teachers, administrators and instructional support staff, parents, students, community partners, and other stakeholders in developing the Plan and effectively communicating the Plan to all involved parties.

"(2) Training for teachers and staff on effective use of the remote instruction resources utilized by the public school unit and the process for student submission of completed work. The Plan shall identify any learning management system, online instructional resource, or offline instructional resource that will be made available to all students in a grade-level across the public school unit.

"(3) Defining and clearly communicating staff roles and expectations for remote instruction days, including teacher workdays, teacher accessibility, and noncertified staff workdays and responsibilities. The Plan may include variances for staff expectations when remote instruction days are also used as teacher workdays.

"(4) Surveying student and teacher home connectivity and providing for remote instruction that is appropriate for teachers and students with limited connectivity capability, including the opportunity for students to download remote learning materials in advance when practicable.

"(5) Engaging with community partners on services that parents and students can utilize on remote instruction days, including community partners willing to provide free broadband access or connectivity for remote instruction and community partners with child care options, and communicating remote instruction schedules with those partners.

"(6) Developing effective design and delivery of remote instruction lessons within professional learning communities.

"(7) Teaching and practice opportunities for students on accessing and using remote instruction platforms and methods, including how to locate, complete, and submit assignments. The Plan shall include regular opportunities for students to use the platforms and methods during nonremote instruction days to ensure student success during remote instruction.

"(8) Communicating learning targets to students on each remote instruction day and ensuring that lesson design provides instructional time, practice, and application components to demonstrate learning. The Plan shall include a process for monitoring the quality of remote instruction materials.

"(9) Ensuring that remote instructional time, practice, and application components support learning growth that continues towards mastery of the standard course of study. The Plan shall include work measurement guidelines appropriate to each grade level, including deadlines for submission of assignments and methods to assess and grade learning during remote instruction.

"(10) Ensuring that students with disabilities have equal access to the remote instruction provided by their public school units and that remote instruction is provided in a manner consistent with each student's individualized education program (IEP) or 504 plan. Remote learning day supports shall be considered and included, as appropriate for the student, when an IEP or 504 plan is initially developed or at any subsequent review or revision of an IEP or 504 plan.

"(11) Tracking and reporting attendance on remote instruction days, including protocols for determining attendance, the reporting system to be used, and how attendance procedures will be communicated to parents before remote instruction begins.

"(12) Providing online and offline contact options for students to communicate with teachers or staff for remote instruction days that are not used as teacher workdays.

"(13) Providing technology support for students experiencing technical difficulties on remote instruction days.

"(b) School Calendar. - Except as otherwise provided in this subsection, the requirements of G.S. 115C-84.2 , including the requirement that a school calendar consist of 215 days, apply to the 2020-2021 school calendar for local school administrative units. The provisions of this subsection supersede any school calendar adopted by a public school unit prior to the enactment of this Part. For the 2020-2021 school year only, the following applies to the school calendar for public school units:

"(1) Notwithstanding any provisions of G.S. 115C-75.8(d)(9), 115C-84.2(a)(1), 115C-150.12, 115C-218.85(a)(1), 115C-238.53(d), 115C-238.66(1)d., 116-239.8(b)(2)c., and Section 6(e) of S.L. 2018-32 to the contrary, each public school unit shall adopt a calendar that includes 190 days of instruction as follows:

"a. 185 days or 1,025 hours of instruction that include five remote instruction days in accordance with the Plan developed pursuant to subsection (a) of this section. Each of the five remote instruction days may be scheduled in the discretion of the public school unit, except as provided in subdivision (2) of this subsection.

"b. An additional five instructional days that shall be satisfied only by five individually separate and distinct full instructional days and not by an accumulation of instructional hours.

"(2) Notwithstanding any provisions of G.S. 115C-84.2(d) to the contrary, each local school administrative unit shall adopt a school calendar in accordance with the following:

"a. Except for schools defined in subdivision (4) or (6) of Section 2.1 of this Part, an opening date for students of August 17, 2020.

"b. Except for schools defined in subdivision (4) or (6) of Section 2.1 of this Part, a closing date for students no later than June 11, 2021.

"c. No remote instruction day shall be scheduled prior to August 24, 2020, unless the school operates on a year-round or modified calendar schedule. A year-round or modified calendar school shall not schedule a remote instruction day prior to the sixth instructional day of the year-round or modified calendar.

"c1. A local board of education may alter the adopted calendar of a single-track year-round school in a manner that no longer meets the requirements of Section 2.1(6)b. of this act, if both of the following are met:

"1. The local board of education determines the modification is necessary to ensure the health and safety of students.

"2. The altered calendar complies with all other requirements for year-round schools in this section.

"d. Remote instruction days may be scheduled for use as teacher workdays, including as teacher workdays on which teachers may take accumulated vacation leave, provided that remote instruction material is prepared and provided for students to use during the remote instruction days. Local school administrative units may, in their discretion, schedule remote instruction days as teacher workdays to facilitate completion of first semester course exams prior to a winter holiday period. This sub-subdivision only applies to the five remote instruction days scheduled as required by sub-subdivision a. of subdivision (1) of this subsection.

"e. The following apply for a local school administrative unit granted a good cause waiver for the 2020-2021 school year:

"1. The opening date for students shall not be earlier than August 17, 2020, except for schools defined in subdivision (4) or (6) of Section 2.1 of this Part.

"2. Up to an additional five remote instruction days may be used, if those days are (i) provided in accordance with the requirements of this subsection for remote instruction days and (ii) used solely as make-up days for days on which schools have been closed due to inclement weather or other emergency situations.

"(3) If the governing board of a public school unit determines that additional remote instruction beyond the five days required by subdivision (1) of this subsection is needed to ensure the health and safety of students, a public school unit may provide remote instruction in accordance with the Plan developed pursuant to subsection (a) of this section as necessary to satisfy instructional time requirements. The public school unit shall ensure that it is in compliance with all required COVID-19 guidance related to the operation of elementary and secondary schools issued by the State Board of Education, the Department of Public Instruction, and the Department of Health and Human Services.

"(c) Reporting Requirement. - No later than September 15, 2020, the State Board shall report to the Joint Legislative Education Oversight Committee on the implementation of subsection (a) of this section. The State Board shall submit with its report a copy of each Remote Instruction Plan submitted, and the report shall provide a statewide summary that includes the following:

"(1) All online remote instruction resources used by public school units, listed by public school unit.

"(2) All offline remote instruction resources used by public school units, listed by public school unit.

"(3) A list of any public school unit using only offline remote instruction resources.

"(4) The number and percentage of public school units that did and did not provide plans addressing every item required by subsection (a) of this section.

"(5) Strengths, challenges, and trends noted by the State Board in its review of how public school units implement remote instruction.

"(6) Any other data deemed by the State Board to be useful to the Joint Legislative Education Oversight Committee in evaluating the delivery of statewide remote instruction."

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

Session Laws 2020-81, s. 10(b), made subsection (f), as added by Session Laws 2020-81, s. 10(a), effective July 1, 2020, and applicable beginning with the 2021-2022 school year.

Session Laws 2021-130, s. 3(i), made the amendment to subdivision (a)(1) of this section by Session Laws 2021-130, s. 3(b), effective August 30, 2021, and applicable to the 2021-2022 school year, and provided that the amendment is repealed June 30, 2022.

Session Laws 2021-130, s. 9(b), made the amendments to subdivision (f)(5) of this section by Session Laws 2021-130, s. 9(a), effective August 30, 2021, and applicable beginning with the 2021-2022 school year.

Effect of Amendments. - Session Laws 2003-131, s. 1, effective June 4, 2003, and applicable to all school years beginning with the 2005-2006 school year, inserted "all public school personnel and for" in subdivision (b)(4).

Session Laws 2004-180, s. 1, effective August 9, 2004, and applicable in all 100 counties and in all local administrative units to school years beginning with the 2005-2006 school year, substituted "215" for "220" in subsection (a); repealed subdivision (a)(1a); rewrote subdivisions (a)(4) and (a)(5); and rewrote the last paragraph; substituted "195" for "200" in subdivision (b)(1); rewrote subsection (d); and added subsection (e).

Session Laws 2010-10, s. 1, effective June 23, 2010, in subdivision (a)(1), in the first paragraph, substituted "either 180 days or 1,000 hours of instruction" for "180 days and 1,000 hours of instruction" in the first sentence, and added "or 1,000 hours" in the second sentence, and added the last paragraph. See note for applicability.

Session Laws 2010-114, s. 1, effective July 20, 2010, and applicable beginning with the 2010-2011 school year, in subsection (d), subdivided the first paragraph, adding "either" at the end of the present first paragraph, adding the subdivision (d)(1) designation, and therein making a minor stylistic change, and adding subdivision (d)(2).

Session Laws 2011-93, s. 1(a), effective May 26, 2011, and applicable only to the 2010-2011 school year, amended subdivision (a)(1) by substituting "either 180 days or 1,000 hours" for "180 days and 1,000 hours" in the first sentence; inserting "or 1,000 hours" in the second sentence; and adding the second paragraph. For limited and temporary applicability provisions, see note.

Session Laws 2011-145, s. 7.29(a), effective July 1, 2011, in subdivision (a)(1), substituted "185 days and 1,025 hours of instruction" for "180 days and 1,000 hours of instruction" in the first sentence, and substituted "185 instructional days" for "180 instructional days" in the second sentence; deleted subdivision (a)(4), which read: "Five days, as designated by the local board, for use as teacher workdays. These days shall be protected to allow teachers to complete instructional and classroom administrative duties. The local school administrative unit shall not impose any additional tasks on these days. The local board shall schedule one of these days at the beginning of the school year and one at the end of each academic quarter"; added the second-to-last paragraph of subsection (a); and in the last paragraph of subsection (a), substituted "two days" for "seven days" and twice deleted "subdivisions 4 and" preceding "subdivision (5)."

Session Laws 2012-142, s. 7A.11(a), as added by Session Laws 2012-145, s. 2.5, effective July 10, 2012, in subdivision (a)(1), substituted "or 1,025" for "and 1,025" in the first sentence, and deleted "185" preceding "instructional days" in the second sentence; deleted the first undesignated paragraph following subdivision (a)(5), which pertained to granting local board of education a waiver to use up to five of the instructional days required by subdivision (1) as teacher workdays; and rewrote subsection (d). For applicability, see editor's note.

Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "State Human Resources Commission" for "State Personnel Commission" in subdivision (a)(3).

Session Laws 2016-94, s. 8.24(a), effective July 1, 2016, added subsection (a1).

Session Laws 2017-65, s. 1, added the last sentence in subdivision (b)(4). For effective date and applicability, see editor's note.

Session Laws 2019-165, s. 4(a), effective July 26, 2019, added subsections (a2) and (a3).

Session Laws 2020-81, s. 10(a), added subsection (f). For effective date and applicability, see editor's note.

Session Laws 2021-130, s. 3(b), substituted "weather, and may include the use of remote instruction in accordance with G.S. 115C-84.3 " for "weather" in subdivision (a)(1). For effective date, applicability, and repeal of amendment, see editor's note.

Session Laws 2021-130, s. 9(a), rewrote subdivision (f)(5)b. and added subdivision (f)(5)d. For effective date and applicability, see editor's note.

§ 115C-84.3. (Repealed effective June 30, 2022) Remote instruction.

1. Remote instruction means instruction delivered to students in a remote location outside of the school facility, whether synchronously or asynchronously. Instructional days or hours provided through any of the following shall not be considered remote instruction:
   1. North Carolina Virtual Public School courses.
   2. E-learning courses that meet the requirements of G.S. 115C-238.85 .
   3. Institution of higher education courses, as provided in Article 16 of this Chapter or G.S. 115D-20(4) .
   4. Homebound instruction required for a student by an individualized education program, as defined in G.S. 115C-106.3(8) , or a section 504 (29 U.S.C. § 794) plan.
   5. Instruction provided to a student during a short- or long-term suspension.
2. A public school unit in a county that has received a good cause waiver, as provided in G.S. 115C-84.2(d) , for the school year may use up to 15 remote instruction days or 90 remote instruction hours when schools are unable to open due to severe weather conditions, energy shortages, power failures, or other emergency situations and may use that time towards the required instructional days or hours for the school calendar. All other public school units may use up to five remote instruction days or 30 remote instruction hours when schools are unable to open due to severe weather conditions, energy shortages, power failures, or other emergency situations and may use that time towards the required instructional days or hours for the school calendar.
3. Except as provided in subsection (b) of this section, a public school unit shall not use remote instruction to satisfy the minimum required number of instructional days or hours for the school calendar.
4. A governing board that chooses to use remote instruction as provided in subsection (b) of this section shall submit to the State Board, by July 1 annually, a remote instruction plan that provides a detailed framework for delivering quality remote instruction to students for the upcoming school year and information on the number of remote instruction days or hours used in the prior school year to satisfy instructional requirements, when applicable. At a minimum, the plans submitted by governing boards shall include the following:
   1. Identification of the resources that will be used to facilitate remote instruction.
   2. Communication with and training opportunities for teachers, administrators, instructional support staff, parents, and students on how to access and effectively use remote instruction resources, including regular opportunities for students to use those resources during nonremote instructional days to ensure student success during remote instruction.
   3. Establishment of methods for tracking and reporting attendance during remote instruction, including protocols for determining attendance, the reporting system to be used, and how attendance procedures will be communicated to parents before remote instruction begins.
   4. Establishment of staff roles and expectations for remote instruction days, including teacher workdays, teacher accessibility, and noncertified staff workdays and responsibilities.
   5. Communication of learning targets to students on each remote instruction day and development of measures to ensure that remote instruction time, practice, and application components support learning growth that continues towards mastery of the standard course of study.
   6. Development of remote instruction options appropriate for teachers and students with limited connectivity capability, including the opportunity for students to download remote instruction materials in advance when practicable.
   7. Provision of remote instruction for students with disabilities in a manner consistent with each student's individualized education program (IEP), as defined in G.S. 115C-106.3 , or section 504 (29 U.S.C. § 794) plan. Remote instruction supports shall be considered and included, as appropriate for the student, when an IEP or 504 plan is initially developed or at any subsequent review or revision of an IEP or 504 plan.
5. The State Board of Education shall report by September 15 annually to the Joint Legislative Education Oversight Committee on the following information related to remote instruction:
   1. A copy of each governing board's remote instruction plan.
   2. A summary document of the following:
      1. The number of remote instruction days or hours used by each public school unit in the prior school year.
      2. Strengths, challenges, and trends noted by the State Board in its review of how governing boards implement remote instruction.
      3. Any other data deemed by the State Board to be useful to the Joint Legislative Education Oversight Committee in evaluating the use and delivery of remote instruction in emergency circumstances.

(2021-130, s. 3(a).)

Editor's Note. - Session Laws 2021-130, s. 3(i), made this section, as added by Session Laws 2021-130, s. 3(a), effective August 30, 2021, and applicable to the 2021-2022 school year, and provided that the section is repealed June 30, 2022.

Session Laws 2021-130, s. 3A, provides: "Notwithstanding G.S. 115C-84.3 , as enacted by this act, a public school unit shall have the authority to make day-to-day decisions for the 2021-2022 school year concerning whether shifting individual schools or individual classrooms that are providing in-person instruction to temporary remote instruction is necessary due to COVID-19 exposures that result in insufficient school personnel or required student quarantines. A public school unit shall report any shift by a school or classroom from in-person to temporary remote instruction as provided in this section to the Department of Public Instruction within 72 hours of the shift and shall return to in-person instruction as soon as personnel are available or the required quarantines are complete."

Session Laws 2021-130, s. 3B(a)-(c), provides: "(a) Notwithstanding G.S. 115C-84.3 , as enacted by this act, public school units shall be authorized to provide virtual instruction during the 2021-2022 school year to a student with the consent of that student's parent or legal guardian in accordance with a virtual instruction plan providing the information required by this subsection, if submitted by the governing board to the Department of Public Instruction by October 1, 2021. The Department of Public Instruction shall make available a copy of each governing board's virtual instruction plan to the Joint Legislative Education Oversight Committee and the Working Group on Virtual Academies, as enacted by Section 3C of this act, by October 15, 2021.

"(b) The virtual instruction plan required by subsection (a) of this section shall include the following:

"(1) The range of grades for which virtual instruction will be offered. The plan should note throughout the differences in delivery of virtual instruction for elementary, middle, and high school students.

"(2) The types of virtual instruction that will be made available, including whether virtual instruction will be full-time or blended instruction.

"(3) Whether the virtual instruction will be offered through a (i) school whose primary means of instruction is virtual instruction, (ii) school within a school, or (iii) customized offering unique to specific students.

"(4) The estimated numbers of students to be served with virtual instruction.

"(5) A means for identifying students participating in virtual instruction that will allow assessment of that subgroup's performance and EVAAS scores for students receiving virtual instruction in a school that does not exclusively provide virtual instruction.

"(6) Participation requirements, including student eligibility and agreements for participation from students and parents.

"(7) The methods by which enrollment, daily attendance, course credit accrual, progress toward graduation, and course completion will be monitored for students receiving virtual instruction.

"(8) Identification of the resources that will be used to facilitate virtual instruction.

"(9) The methods for communication with and training opportunities for teachers, administrators, instructional support staff, parents, and students engaged in virtual instruction.

"(10) Establishment of staff roles and expectations when providing virtual instruction, including teacher accessibility.

"(11) The measures used to ensure that both synchronous and asynchronous virtual instruction time, practice, and application components support learning growth that continues towards mastery of the standard course of study.

"(12) Any unique infrastructure necessary to support virtual instruction.

"(13) The methods for ensuring that virtual instruction for students with disabilities is delivered in a manner consistent with each student's individualized education program (IEP), as defined in G.S. 115C-106.3 , or section 504 (29 U.S.C. § 794) plan. Remote instruction supports shall be considered and included, as appropriate for the student, when an IEP or 504 plan is initially developed or at any subsequent review or revision of an IEP or 504 plan.

"(14) Procedures to be used when making retention decisions for considering the appropriateness and effectiveness of continuing virtual instruction for students at risk of academic failure, including procedures for involving parents in these discussions.

"(c) No public school unit shall use virtual instruction to satisfy the minimum required number of instructional days or hours after June 30, 2022, without express authorization from the General Assembly, except for local school administrative units that were assigned a school code to operate a school with virtual instruction as the primary means of instruction as of May 1, 2021."

§ 115C-85. Textbook needs are determined by course of study.

When the State Board of Education has adopted, upon the recommendation of the Superintendent of Public Instruction, a standard course of study at each instructional level in the elementary school and the secondary school, setting forth what subjects shall be taught at each level, it shall proceed to select and adopt textbooks.

As used in this part, "textbook" means systematically organized material comprehensive enough to cover the primary objectives outlined in the standard course of study for a grade or course. Formats for textbooks may be print or nonprint, including hardbound books, softbound books, activity-oriented programs, classroom kits, and technology-based programs that require the use of electronic equipment in order to be used in the learning process.

Textbooks adopted in accordance with the provisions of this Part shall be used by the public schools of the State except as provided in G.S. 115C-98(b1) .

(1955, c. 1372, art. 24, s. 1; 1959, c. 693, s. 1; 1969, c. 519, s. 1; 1981, c. 423, s. 1; 1993 (Reg. Sess., 1994), c. 677, s. 20; 1995 (Reg. Sess., 1996), c. 716, s. 18.)

Editor's Note. - Session Laws 2013-12, provides in its preamble: "Whereas, local school administrative units (LEAs) have used a number of approaches to provide or access digital learning devices; and

"Whereas, these approaches include the diversion and restructuring of current funding, use of private grants, parental contributions, local funding, and 'bring-your-own-device' policies; and

"Whereas, educational materials in the form of digital textbooks and instructional resources have also become increasingly available and can benefit North Carolina students in elementary, middle, and high school grades by providing high-quality, up-to-date information that can be customized for individual students throughout their educational experience; and

"Whereas, LEAs may currently use textbook funding for digital instructional materials and digital textbooks; and

"Whereas, digital textbooks and instructional resources have proven to be tools that, when used effectively, can raise the level of academic performance of the State's students; and

"Whereas, the use of online and blended courses can provide greater access to courses for students in subject areas that might otherwise be unavailable in many regions of the State; and

"Whereas, online courses and blended instruction may also provide students with opportunities for credit recovery, earning college credit, and coursework in career and technical education; and

"Whereas, LEAs should explore the competitive environment for innovative practices, including virtual learning, that blend technology, digital devices, online learning, and traditional resources in classroom instruction; and

"Whereas, LEAs should implement available and appropriate high-quality virtual, digital, and instructional resources that align with the curriculum; Now, therefore,"

Session Laws 2013-12, s. 1, provides: "It is the intent of the General Assembly to transition from funding for textbooks, both traditional and digital, to funding for digital materials, including textbooks and instructional resources, to provide educational resources that remain current, aligned with curriculum, and effective for all learners by 2017."

Session Laws 2015-241, s. 8.18(a), (b), provides: "(a) Effective July 1, 2015, the existing Textbooks funding allotment in the State Public School Fund shall be designated as the Textbooks and Digital Resources funding allotment in the State Public School Fund.

"(b) The State Board of Education shall establish the purposes for which the funds within the new Textbooks and Digital Resources funding allotment may be used for as follows: (i) to acquire textbooks as defined in G.S. 115C-85 , which includes technology-based programs, and (ii) only for allowable expenditures as were permitted under the Textbooks funding allotment as of June 30, 2015."

Legal Periodicals. - For comment, "The State and Sectarian Education: Regulation to Deregulation," see 1980 Duke L.J. 801 (1980).

§ 115C-86. State Board of Education to select and adopt textbooks.

The Board shall select and adopt for a period determined to be most advantageous to the State public school system for the exclusive use in the public schools of North Carolina the basic textbooks or series of books needed for instructional purposes at each instructional level on all subject matter required by law to be taught in elementary and secondary schools of North Carolina.

(1955, c. 1372, art. 24, s. 2; 1959, c. 693, s. 2; 1965, c. 584, s. 18; 1969, c. 519, s. 1; 1981, c. 423, s. 1.)

§ 115C-87. Appointment of Textbook Commission.

Shortly after assuming office, the Governor shall appoint a Textbook Commission of 23 members who shall hold office for four years, or until their successors are appointed and qualified. The members of the Commission shall be appointed by the Governor upon recommendation of the Superintendent. Five of these members shall be teachers or principals in grades K-5; five shall be teachers or principals in grades 6-8; four shall be superintendents, teachers, or principals in grades 9-12; one shall be a superintendent of a local school administrative unit, three shall be parents of students in grades K-5 at the time of appointment; three shall be parents of students in grades 6-8 at the time of appointment; and two shall be parents of students in grades 9-12 at the time of appointment. The Governor shall fill all vacancies by appointment for the unexpired term. The Commission shall elect a chairman, subject to the approval of the Superintendent. The Commission shall meet four times a year or at the call of the chair. The members shall be entitled to compensation for each day spent on the work of the Commission as approved by the Board and to reimbursement for travel and subsistence expense incurred in the performance of their duties at the rates specified in G.S. 138-5(a) . Compensation shall be paid from funds available to the State Board of Education.

(1955, c. 1372, art. 24, s. 3; 1969, c. 519, s. 1; 1977, c. 1113; 1981, c. 423, s. 1; 1999-237, s. 8.30(a).)

§ 115C-88. Commission to evaluate textbooks offered for adoption.

1. The Commission shall evaluate all textbooks offered for adoption.

   Each proposed textbook shall be read by at least one expert certified in the discipline for which the textbook would be used. The Commission may use external experts if no Commission member or advisory committee member qualifies as an expert certified in a particular discipline.

   The Commission may consider any review of a proposed textbook by other experts certified in the discipline who are not involved in the textbook adoption process. However, these reviews may not substitute for the direct examination of the proposed textbook by a Commission member, an advisory committee member, or any other expert retained by the Commission.

2. Each member shall examine carefully and file a written evaluation of each proposed textbook for which the member is responsible.

   The evaluation report shall give special consideration to the suitability of the textbook to the instructional level for which it is offered, the content or subject matter, whether the textbook is aligned with the Standard Course of Study, and other criteria prescribed by the Board.

   Each evaluation report shall be signed by the member making the report and filed with the Board not later than a day fixed by the Board when the call for adoption is made.

(1955, c. 1372, art. 24, s. 4; 1969, c. 519, s. 1; 1981, c. 423, s. 1; 1993 (Reg. Sess., 1994), c. 777, s. 3(a); 1999-237, s. 8.30(b).)

§ 115C-89. Selection of textbooks by Board.

At the next meeting of the Board after the reports have been filed, the Textbook Commission and the Board shall jointly examine the reports. From the books evaluated the Board shall select those that it thinks will meet the teaching requirements of the State public schools in the instructional levels for which they are offered. The Board shall request sealed bids from the publishers on all the books being considered.

The Board shall make all necessary rules and regulations concerning requests for bids, notification to publishers of calls for adoption, execution and delivery of contracts, requirement of performance bonds, cancellation clauses, and such other material matters as may affect the validity of the contracts.

(1955, c. 1372, art. 24, s. 5; 1969, c. 519, s. 1; 1981, c. 423, s. 1; 1989, c. 798.)

§ 115C-90. Adoption of textbooks and contracts with publishers.

The publishers' sealed bids shall be opened in the presence of two persons designated by the State Board of Education and one person designated by the Superintendent of Public Instruction. The Board may then adopt the books required by the courses of study and enter into contracts with the publisher of adopted books. It may refuse to adopt any of the books offered at the prices bid and call for new bids. When bids are accepted and a contract entered into, the contract may require, in the Board's discretion, that the total sales of each book in the State of North Carolina be reported annually to the Board.

All textbook contracts shall include a clause granting to the State Board of Education the license to produce Braille, large print, and audio-cassette tape copies of the textbooks for use in the State public schools. Also, the General Assembly urges the State Board of Education to request such a license from textbook publishers with whom a contract was entered into prior to August 1, 1987.

(1955, c. 1372, art. 24, s. 6; 1969, c. 519, s. 1; 1981, c. 423, s. 1; 1983, c. 549, s. 1; 1987, c. 738, s. 190; 1987 (Reg. Sess., 1988), c. 1025, s. 10.)

§ 115C-91. Continuance and discontinuance of contracts with publishers.

When an existing or future contract expires, the Board may, with the publisher's approval, continue the contract for any particular book or books for a period not less than one or more than five years. If a publisher desires to terminate a contract that has been extended beyond the original contract period, he shall give notice to the Board 90 days prior to May 1. The Board may then proceed to a new adoption.

(1955, c. 1372, art. 24, s. 7; 1969, c. 519, s. 1; 1981, c. 423, s. 1.)

§ 115C-92. Procedure for change of textbook.

The Superintendent may at any time communicate to the Board that a particular book is unsatisfactory for the schools, whereupon the Board may call for a new selection and adoption. If the Board votes to change a textbook, it shall give the publisher 90 days' notice prior to May 1, after which it may adopt a new book or books on the subject for which a book is sought.

(1955, c. 1372, art. 24, s. 7; 1969, c. 519, s. 1; 1981, c. 423, s. 1.)

§ 115C-93. Advice from and suits by Attorney General.

The form and legality of contracts between the Board and publishers of textbooks shall be subject to the approval of the Attorney General.

When requested by the Board, the Attorney General shall bring suit against any publisher who fails to keep his contract as to prices, distribution, adequate supply of books in the edition adopted, or in any other way violates the terms of his contract. The suit shall be brought for an amount sufficient to enforce the contract or to compensate the State for any loss sustained by the publisher's failure to keep his contract.

(1955, c. 1372, art. 24, s. 8; 1969, c. 519, s. 1; 1981, c. 423, s. 1.)

§ 115C-94. Publishers to register.

Any publisher who submits books for adoption shall register in the office of the Superintendent of Public Instruction the names of all agents or other employees authorized to represent that company in the State, and this registration list shall be open to the public for inspection.

(1955, c. 1372, art. 24, s. 9; 1969, c. 519, s. 1; 1981, c. 423, s. 1.)

§ 115C-95. Sale of books at lower price reduces price to State.

Every contract made by the Board with the publisher of any school textbook on the State-adopted list shall be deemed to have written therein a condition providing that if that publisher, during the life of his contract with this State, contracts with any other governmental unit or places that textbook on sale anywhere in the United States for a price less than that stipulated in his contract with the State of North Carolina, the publisher shall immediately furnish that textbook to this State at a price not greater than that for which the book is furnished, sold, or placed on sale anywhere else in the nation.

(1955, c. 1372, art. 24, s. 10; 1969, c. 519, s. 1; 1981, c. 423, s. 1.)

§ 115C-96. Powers and duties of the State Board of Education in regard to textbooks.

The children of the public elementary and secondary schools of the State shall be provided with free basic textbooks within the appropriation of the General Assembly for that purpose. To implement this directive, the State Board of Education shall evaluate annually the amount of money necessary to provide textbooks based on the actual cost and availability of textbooks and shall request sufficient appropriations from the General Assembly.

The State Board of Education shall administer a fund and establish rules and regulations necessary to:

1. Acquire by contract such basic textbooks as are or may be on the adopted list of the State of North Carolina which the Board finds necessary to meet the needs of the State public school system and to carry out the provisions of this Part.
2. Provide a system of distribution of these textbooks and distribute the books that are provided without using any depository or warehouse facilities other than those operated by the State Board of Education.
3. Provide for the free use, with proper care and return, of elementary and secondary basic textbooks. The title of said books shall be vested in the State.

(1955, c. 1372, art. 25, s. 1; 1965, c. 584, s. 19; 1969, c. 519, s. 1; 1981, c. 423, s. 1; 1991 (Reg. Sess., 1992), c. 900, s. 81(a).)

Legal Periodicals. - For survey of 1980 constitutional law, see 59 N.C.L. Rev. 1116 (1981).

§ 115C-97. State Board of Education authorized to discontinue handling supplementary and library books.

The State Board of Education may discontinue the adoption of supplementary textbooks and, at the expiration of existing contracts, may discontinue the purchase, warehousing, and distribution of supplementary textbooks. The Board may also discontinue the purchase and resale of library books. Funds appropriated to the State Board of Education for supplementary textbooks shall be transferred to the State Public School Fund for allotment to each local school administrative unit, based on its average daily membership, for the purchase of supplementary textbooks, library books, periodicals, and other instructional materials.

(1969, c. 519, s. 1; 1981, c. 423, s. 1.)

§ 115C-98. Local boards of education to provide for local operation of the textbook program, the selection and procurement of other instructional materials, and the use of nonadopted textbooks.

1. Local boards of education shall adopt rules not inconsistent with the policies of the State Board of Education concerning the local operation of the textbook program.
2. Local boards of education shall adopt written policies concerning the procedures to be followed in their local school administrative units for the selection and procurement of supplementary textbooks, library books, periodicals, audiovisual materials, and other supplementary instructional materials needed for instructional purposes in the public schools of their units.

   Local boards of education shall have sole authority to select and procure supplementary instructional materials, whether or not the materials contain commercial advertising, to determine if the materials are related to and within the limits of the prescribed curriculum, and to determine when the materials may be presented to students during the school day. Supplementary materials and contracts for supplementary materials are not subject to approval by the State Board of Education.

   Supplementary books and other instructional materials shall neither displace nor be used to the exclusion of basic textbooks.

   (b1) A local board of education may establish a community media advisory committee to investigate and evaluate challenges from parents, teachers, and members of the public to textbooks and supplementary instructional materials on the grounds that they are educationally unsuitable, pervasively vulgar, or inappropriate to the age, maturity, or grade level of the students. The State Board of Education shall review its rules and policies concerning these challenges and shall establish guidelines to be followed by community media advisory committees.

   The local board, at all times, has sole authority and discretion to determine whether a challenge has merit and whether challenged material should be retained or removed.

   (b2) Local boards of education may:

   1. Select, procure, and use textbooks that have not been adopted by the State Board of Education for use throughout the local school administrative unit for selected grade levels and courses; and
   2. Approve school improvement plans developed under G.S. 115C-105.27 that include provisions for using textbooks that have not been adopted by the State Board of Education for selected grade levels and courses.

      All textbook contracts made under this subsection shall include a clause granting to the local board of education the license to produce braille, large print, and audiocassette tape copies of the textbooks for use in the local school administrative unit.

3. Funds allocated by the State Board of Education or appropriated in the current expense or capital outlay budgets of the local school administrative units, may be used for the above-stated purposes.

(1969, c. 519, s. 1; 1981, c. 423, s. 1; 1989 (Reg. Sess., 1990), c. 1074, s. 23(a); 1995 (Reg. Sess., 1996), c. 716, ss. 8.7, 19; 2011-145, s. 7.13(e), 2011-391, s. 14(b).)

Editor's Note. - The subsection designation (b2) was added at the direction of the Revisor of Statutes, the designation in Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 19, having been (b1).

Legal Periodicals. - For note, "State v. Whittle Communications: Allowing Local School Boards To Turn On 'Channel One'," see 70 N.C.L. Rev. 1929 (1992).

§ 115C-99. Legal custodians of textbooks furnished by State.

Local boards of education are the custodians of all textbooks purchased by the local boards with State funds. They shall provide adequate and safe storage facilities for the proper care of these textbooks and emphasize to all students the necessity for proper care of textbooks.

(1955, c. 1372, art. 25, s. 3; 1969, c. 519, s. 1; 1981, c. 423, s. 1; 1993 (Reg. Sess., 1994), c. 777, s. 3(b).)

§ 115C-100. Rental fees for textbooks prohibited; damage fees authorized.

No local board of education may charge any pupil a rental fee for the use of textbooks. A pupil's parents or legal guardians may be charged damage fees for abuse or loss of textbooks under rules adopted by the State Board of Education. All money collected from the sale of textbooks purchased with State funds under the provisions of this Part shall be paid annually as collected to the State Board of Education.

(1969, c. 519, s. 1; 1981, c. 423, s. 1; 1983, c. 549, s. 2; 1985, c. 581, s. 1; 1993 (Reg. Sess., 1994), c. 777, s. 3(c).)

§ 115C-101. Duties and authority of superintendents of local school administrative units.

The superintendent of each local school administrative unit, as an official agent of the State Board of Education, shall administer the provisions of this Part and the rules and regulations of the Board insofar as they apply to his unit. The superintendent of each local school administrative unit shall have authority to require the cooperation of principals and teachers so that the children may receive the best possible service, and so that all the books and moneys may be accounted for properly. If any principal or teacher fails to comply with the provisions of this section, his superintendent shall withhold his salary vouchers until the duties imposed by this section have been performed.

If any superintendent fails to comply with the provisions of this section, the State Superintendent, as secretary to the State Board of Education, shall notify the State Board of Education and the State Treasurer. The State Board and the State Superintendent shall withhold the superintendent's salary vouchers, and the State Treasurer shall make no payment until the State Superintendent notifies him that the provisions of this section have been complied with.

(1955, c. 1372, art. 25, s. 8; 1969, c. 519, s. 1; 1981, c. 423, s. 1.)

§ 115C-102. Right to purchase; disposal of textbooks and materials.

1. Any parent, guardian, or person in loco parentis may purchase any instructional material needed for any child in the public schools of the State from the board of education of the local school administrative unit in which the child is enrolled or, in the case of basic textbooks, from the State Board of Education.
2. Notwithstanding Article 3A of Chapter 143 of the General Statutes, G.S. 143-49(4), or any other provision of law, the State Board of Education may adopt rules authorizing local boards of education to dispose of discontinued instructional material, including State-adopted textbooks.

(1955, c. 1372, art. 25, s. 2; 1969, c. 519, s. 1; 1981, c. 423, s. 1; 1991, c. 328, s. 1.)

§§ 115C-102.1 through 115C-102.4: Reserved for future codification purposes.

§ 115C-102.5: Repealed by Session Laws 2021-90, s. 5(a), effective July 22, 2021.

(1993, c. 321, s. 135(a); c. 522, s. 20; 1993 (Reg. Sess., 1994), c. 591, s. 11(a); 1997-148, s. 7; 1997-443, s. 8.26(a); 1998-131, s. 7; 1998-220, s. 1; 2004-199, s. 4; 2009-451, s. 7.31; repealed by 2021-90, s. 5(a), effective July 22, 2021.)

Editor's Note. - Former G.S. 115C-102.5 pertained to Commission on School Technology created; membership.

Effect of Amendments. - Session Laws 2004-199, s. 4, effective August 17, 2004, substituted "Office of Information Technology Services" for "Office of the State Controller" in the first sentence of subsection (e).

Session Laws 2009-451, s. 7.31, effective July 1, 2009, in subsection (a), in the first paragraph, deleted "but shall exercise all its prescribed statutory powers independently of the Department of Public Instruction" from the end of the second sentence, and added the second and third paragraphs; deleted subdivision (b)(4), which read: "A person with management responsibility concerning information technology related State Government functions, designated by the Secretary of Commerce"; in subdivision (b)(5), substituted "Two members" for "Four members"; rewrote subdivisions (b)(6) and (b)(7); deleted subdivision (b)(8), which read: "The Secretary of Health and Human Services or a designee"; added subdivision (b)(9); added subsection (d1); in subsection (e), in the first sentence, substituted "Public Instruction shall" for "Public Instruction, the Department of Community Colleges, and the Office of Information Technology Services shall," and deleted the former last two sentences, which read: "The Commission may also employ professional and clerical staff and may hire outside consultants to assist it in its work. The Commission shall use an outside consultant to perform a requirements analysis for learning and instructional management technologies on a statewide basis that is based on information gathered from each local school administrative unit and that considers the needs of teachers, students, and administrators."

§ 115C-102.6. Duty to propose a State school technology plan.

The State Board of Education shall propose a State school technology plan that ensures the effective use of technology is built into the North Carolina Public School System for the purpose of preparing a globally competitive workforce and citizenry for the 21st century.

(1993, c. 321, s. 135(a); 1993 (Reg. Sess., 1994), c. 769, s. 19.26(a); 2009-451, s. 7.31; 2021-90, s. 5(b).)

Effect of Amendments. - Session Laws 2009-451, s. 7.31, effective July 1, 2009, rewrote the section.

Session Laws 2021-90, s. 5(b), effective July 22, 2021, deleted the last sentence, which read: "The Commission on School Technology will advise the State Board of Education on the State School Technology Plan and its components.”

§ 115C-102.6A. Elements of the State school technology plan.

1. The State school technology plan shall be a comprehensive State implementation plan for using funds from the State School Technology Fund and other sources to improve student performance in the public schools through the use of learning and instructional management technologies. The purpose of the plan shall be to provide a cost-effective foundation of flexible technology and infrastructure to promote substantial gains in student achievement.
2. Repealed by Session Laws 2009-451, s. 7.31, effective July 1, 2009.
3. Components of the State school technology plan shall include at least the following:
   1. Common technical standards and uniform practices and procedures that provide statewide economies of scale in procurements, training, support, planning, and operations.
   2. Conceptual technical architecture that includes:
      1. Principles -. Statements of direction, goals, and concepts to guide the development of technical architecture;
      2. Standards for interoperability -. Detailed specifications to ensure hardware, software, databases, and other products that may have been developed independently or purchased from different vendors or manufacturers will work together, to the extent that interoperability facilitates meeting instructional or administrative goals; and
      3. Implementation strategies -. Approaches or guidelines for developing and installing the components of the technical infrastructure.
   3. A quality assurance policy for all school technology projects, training programs, systems documentation, and maintenance plans.
   4. Policies and procedures for the fair and competitive procurement of school technology that provide local school administrative units with a vendor-neutral operating environment in which different school technology hardware, software, and networks operate together easily and reliably, to the extent feasible consistent with meeting instructional or administrative goals. The operating environment includes all hardware and software components and configurations necessary to accomplish the integrated functions for school technology such as (i) types and sizes of computer platforms, telecommunications equipment, and associated communications protocols; (ii) operating systems for the computer processors; (iii) applications and other operating and support software; and (iv) other equipment, items, and software, such as printers, terminals, data and image storage devices, and other input, output, and storage devices.
   5. A comprehensive policy for inventory control.
   6. Parameters for continuous, ongoing training for all personnel involved in the use of school technology. Training shall focus on the integration of technology and instruction and on the use of particular applications.
   7. Recommendations to the State Board of Education of requirements for preservice teacher training on the integration of teaching and school technology.
   8. Proposals for leadership training on the use of school technology to improve instruction and as a management tool.
   9. Development of expertise at the State and regional levels on school technology.
   10. Flexibility to enable local school administrative units and individual schools to meet individual school unit and building needs.
   11. Flexibility to meet the needs of all students, allow support to students with a wide range of abilities, and ensure access to challenging curricula and instruction for children at risk of school failure.
   12. Use of technologies to support challenging State, federal, and local educational performance goals.
   13. Effective and integrated use of technologies compatible with (i) the standard course of study, (ii) the State assessment program, and (iii) related student data management.
   14. Use of technologies as a communication, instructional, and management tool and for problem-solving, exploration, and advanced skills.
   15. Proposals for addressing equipment needs for State curricula areas.
   16. Specifications for minimum components of local school system technology plans.
   17. A baseline template for:
       1. Technology and service application infrastructure, including broadband connectivity, personnel recommendations, and other resources needed to operate effectively from the classroom desktop to local, regional, and State networks, and
       2. An evaluation component that provides for local school administrative unit accountability for maintaining quality upgradeable systems.

(1993 (Reg. Sess., 1994), c. 769, s. 19.26(b); 2005-276, s. 7.43(a); 2009-451, s. 7.31.)

Editor's Note. - The subsection designations (b) and (c) were assigned by the Revisor of Statutes, the subsection designations in Session Laws 1993 (Reg. Sess., 1994), c. 769, s. 19.26(a) having been (a1) and (b).

Effect of Amendments. - Session Laws 2005-276, s. 7.43(a), effective July 1, 2005, added subdivision (c)(17).

Session Laws 2009-451, s. 7.31, effective July 1, 2009, in subsection (a), in the first sentence, substituted "comprehensive" for "long-term," and in the second sentence, substituted "technology and infrastructure" for "and long-lasting technology"; deleted subsection (b), which read: "In developing the plan the Commission shall consider and plan for the relationship of the North Carolina Information Highway to the plan. In particular the plan shall establish priorities for the acquisition of school technologies including how the Information Highway fits into those priorities."; in subdivision (c)(12), inserted "federal"; and in subdivision (c)(15), substituted "State curricula areas" for "vocational education, Tech Prep, and science instruction."

§ 115C-102.6B. Approval of State school technology plan.

1. The State Board of Education shall review, revise as needed, and approve the State School Technology Plan at a minimum every two years in the odd-numbered year, beginning in 2011. The plan shall be updated more often, as required, as in cases where significant changes occur related to Board goals, curriculum standards, and available technology.
2. The Board shall submit the plan to the State Chief Information Officer for approval of the technical components of the plan set out in G.S. 115C-102.6 A(1) through (4). At least one-fourth of the members of any technical committee that reviews the plan for the State Chief Information Officer shall be people actively involved in primary or secondary education.
3. Repealed by Session Laws 2009-451, s. 7.31, effective July 1, 2009.

(1993 (Reg. Sess., 1994), c. 769, s. 19.26(b); 1997-443, s. 8.26(b); 2004-129, s. 29; 2009-451, s. 7.31; 2009-570, s. 37; 2010-96, s. 13; 2014-115, s. 82; 2015-241, s. 8.25(c).)

Effect of Amendments. - Session Laws 2004-129, s. 29, effective July 1, 2004, substituted "State Chief Information Officer for" for "Information Resources Management Commission" throughout subsections (b) and (c); and made a minor stylistic change.

Session Laws 2009-451, s. 7.31, effective July 1, 2009, rewrote the section.

Session Laws 2009-570, s. 37, effective August 28, 2009, substituted "G.S. 115C-102.6A(c)(1) through (17)" for "G.S. 115C-103.6A(1) through (16)" at the end of the first paragraph of subsection (b).

Session Laws 2010-96, s. 13, effective July 20, 2010, deleted the second paragraph in (b), which read: "G.S. 115C-102.6A(c)(1) through (17)."

Session Laws 2014-115, s. 82, effective August 11, 2014, substituted "February 15" for "February 1" in the second paragraph of subsection (b).

Session Laws 2015-241, s. 8.25(c), effective July 1, 2015, deleted the former second paragraph of subsection (b), which read: "The Board shall report annually by February 15 of each year to the Joint Legislative Education Oversight Committee on the status of the State School Technology Plan."

§ 115C-102.6C: Repealed by Session Laws 2011-145, 7.13(aa), effective July 1, 2011.

(1993 (Reg. Sess., 1994), c. 769, s. 19.26(b); 2004-129, s. 30; 2009-451, s. 7.31; repealed by 2011-145, s. 7.13(aa).)

Editor's Note. - Former G.S. 115C-102.6 C pertained to approval of local school system technology plans.

§ 115C-102.6D. Establishment of the State School Technology Fund; allocation and use of funds.

1. There is established under the control and direction of the State Board of Education the State School Technology Fund. This fund shall be a nonreverting special revenue fund consisting of any monies appropriated to it by the General Assembly and any monies credited to it under G.S. 20-81.12 from the sale of School Technology special license plates.
2. Funds in the State School Technology Fund shall be allocated to local school administrative units as directed by the General Assembly. Funds allocated to each local school administrative unit shall be credited with interest by the State Treasurer pursuant to G.S. 147-69.2 and G.S. 147-69.3 .
3. Repealed by Session Laws 2009-451, s. 7.31, effective July 1, 2009.
4. Repealed by Session Laws 2011-145, s. 7.13(bb), effective July 1, 2011.

(1993 (Reg. Sess., 1994), c. 769, s. 19.26(b); 1997-484, s. 7; 2009-451, s. 7.31; 2011-145, s. 7.13(bb).)

Effect of Amendments. - Session Laws 2009-451, s. 7.31, effective July 1, 2009, deleted subsection (c), which read: "Each local school administrative unit with a local school system technology plan approved by the State Board of Education may use funds allocated to it to implement its local plan or as otherwise specified by the General Assembly." and added subsection (d).

Session Laws 2011-145, s. 7.13(bb), effective July 1, 2011, repealed subsection (d), which read: "No local school administrative unit may access technology-related funds until the State Board of Education has approved its school technology plan."

§ 115C-102.7. Monitoring and evaluation of State and local school system technology plans; reports.

1. The Department of Public Instruction shall monitor and evaluate the development and implementation of the State technology plan. The evaluation shall consider the effects of technology on student learning, the effects of technology on students' workforce readiness, the effects of technology on teacher productivity, and the cost-effectiveness of the technology.

   (a1) Repealed by Session Laws 1997-18, s. 15(k).

2. Repealed by Session Laws 2009-451, s. 7.31, effective July 1, 2009.
3. Repealed by Session Laws 2011-145, s. 7.13(cc), effective July 1, 2011.

(1993, c. 321, s. 135(a); 1993 (Reg. Sess., 1994), c. 769, s. 19.26(c); 1997-18, s. 15(k); 2004-129, s. 31; 2005-276, s. 7.43(c); 2009-451, s. 7.31; 2011-145, s. 7.13(cc).)

Editor's Note. - Session Laws 2005-276, 7.43(f), provides: "In order to provide assistance to local school administrative units with E-rate applications, the Department of Public Instruction shall, within existing funds, ensure that a minimum of one full-time coordinator is assigned this responsibility. The Department shall notify local school administrative units about the person or office assigned the responsibility of providing assistance with E-rate applications.

"The Department shall provide the State Board of Education with an annual report on E-rate, including funding, commitments, and enrollment by local school administrative units.

"As used in this section, 'E-rate' is the mechanism to provide discount rates to support universal telecommunications services for use by schools and libraries as provided in section 254 of the federal Telecommunications Act of 1996."

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

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

Effect of Amendments. - Session Laws 2004-129, s. 31, effective July 1, 2004, substituted "Office of Information Technology Services" for "chair of the Information Resources Management Commission and the chair of the Technical Committee of the Information Resources Management Commission" in subsection (b).

Session Laws 2005-276, s. 7.43(c), effective July 1, 2005, added subsection (c).

Session Laws 2009-451, s. 7.31, effective July 1, 2009, in subsection (a), substituted "Department of Public Instruction" for "Commission" in the first sentence; deleted subsection (b), which read: "The Commission shall provide notice of meetings, copies of minutes, and periodic briefings to the Office of Information Technology Services."; and in subsection (c), deleted "and the State Chief Information Officer" preceding "on which" in the second sentence.

Session Laws 2011-145, s. 7.13(cc), effective July 1, 2011, substituted "State technology plan" for "State and local school system technology plans" in the first sentence of subsection (a); and deleted subsection (c), which pertained to a random check of local school system technology plans, duty of the Department to report to the State Board of Education concerning noncompliance with such random checks, and contents of said report.

§ 115C-102.8: Repealed by Session Laws 1997-18, s. 5.

§ 115C-102.15: Repealed by Session Laws 2009-451, s. 7.15(a), effective July 1, 2009.

Editor's Note. - Former G.S. 115C-102.15 , which created the Business and Education Technology Alliance, was enacted by Session Laws 2002-126, s. 7.27(a)-(f), and amended by Session Laws 2004-129, s. 32.

This section was also amended by Session Laws 2009-570, ss. 8(c) and 8(d), effective August 28, 2009, which substituted "North Carolina Chamber" for "North Carolina Citizens for Business and Industry" in subdivisions (b)(9) and (b)(15); and made a minor stylistic change. The amendment never took effect.

Session Laws 2009-451, s. 7.15(b), provides: "The State Controller shall transfer the fund balance from the Business Education Technology Alliance Fund to Nontax Budget Code 19978 (Intra State Transfers) to support General Fund appropriations for the 2009-2010 fiscal year."

Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'."

Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium."

Session Laws 2009-451, s. 28.5, is a severability clause.

§ 115C-103. Fees.

Fees, charges and costs may be collected from students, their parents or guardians, and school personnel in accordance with the provisions of G.S. 115C-47(6) .

(1981, c. 423, s. 1; 1985, c. 581, s. 2.)

§ 115C-104. Enactment of Compact.

The Compact for Education is hereby entered into and enacted into law, with all jurisdictions legally joining therein. Pursuant to Article III(9) of the Compact, the commission shall file a copy of its bylaws and any amendment thereto with the Secretary of State of North Carolina. The form of the Compact is substantially as follows:

COMPACT FOR EDUCATION.

Article I. Policy and Purpose.

It is the purpose of this Compact to:

1. Establish and maintain close cooperation and understanding among executive, legislative, professional, educational and lay leadership on a nationwide basis at the state and local levels.
2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.
3. Provide a clearinghouse of information on matters relating to educational problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.
4. Facilitate the improvement of state and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advances in educational opportunities, methods and facilities.
5. It is the policy of this Compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and states.
6. The party states recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the nation, and because of the products and services contributing to the health, welfare and economic advancement of each state which are supplied in significant part by persons educated in other states.

   Article II. State Defined.

   As used in this Compact, "state" means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

   Article III. The Commission.

   (1) The education commission of the states, hereinafter called "the commission," is hereby established. The commission shall consist of seven members representing each party state. One of such members shall be the governor; two shall be members of the state legislature selected by its respective houses and serving in such manner as the legislature may determine; and four shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. If the laws of a state prevent legislators from serving on the commission, six members shall be appointed and serve at the pleasure of the governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the commission, the guiding principle for the composition of the membership on the commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education, lay and professional, public and nonpublic educational leadership. Of those appointees, one shall be the head of a state agency or institution, designated by the governor, having responsibility for one or more programs of public education. In addition to the members of the commission representing the party states, there may be not to exceed 10 nonvoting commissioners selected by the steering committee for terms of one year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.

   (2) The members of the commission shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV and adoption of the annual report pursuant to Article III(10).

   (3) The commission shall have a seal.

   (4) The commission shall elect annually, from among its members, a chairman, who shall be a governor, a vice-chairman and a treasurer. The commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the commission, and together with the treasurer and such other personnel as the commission may deem appropriate shall be bonded in such amount as the commission shall determine. The executive director shall be secretary.

   (5) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission, and shall fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.

   (6) The commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.

7. The commission may accept for any of its purposes and functions under this Compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph (6) of this article shall be reported in the annual report of the commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.
8. The commission may establish and maintain such facilities as may be necessary for the transaction of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.
9. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
10. The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year. The commission may make such additional reports as it may deem desirable.

    Article IV. Powers.

    In addition to authority conferred on the commission by other provisions of the Compact, the commission shall have authority to:

    (1) Collect, correlate, analyze and interpret information and data concerning educational needs and resources.

    (2) Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public educational systems.

    (3) Develop proposals for adequate financing of education as a whole and at each of its many levels.

    (4) Conduct or participate in research of the types referred to in this article in any instance where the commission finds that such research is necessary for the advancement of the purposes and policies of this Compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private.

    (5) Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials.

    (6) Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this Compact.

    Article V. Cooperation with Federal Government.

    (1) If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the commission by not to exceed 10 representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, and may be drawn from any one or more branches of the federal government, but no such representatives shall have a vote on the commission.

    (2) The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the states, and may advise with any such agencies or officers concerning any matter of mutual interest.

    Article VI. Committees.

    (1) To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of 32 members which, subject to the provisions of this Compact and consistent with the policies of the commission, shall be constituted and function as provided in the bylaws of the commission. One fourth of the voting membership of the steering committee shall consist of governors, one fourth shall consist of legislators, and the remainder shall consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two years, except that members elected to the first steering committee of the commission shall be elected as follows: 16 for one year and 16 for two years. The chairman, vice-chairman, and treasurer of the commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two terms as a member of the steering committee; provided that service for a partial term of one year or less shall not be counted toward the two-term limitation.

    (2) The commission may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two or more of the party states.

    (3) The commission may establish such additional committees as its bylaws may provide.

    Article VII. Finance.

    (1) The commission shall advise the governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.

    (2) The total amount of appropriation requests under any budget shall be apportioned among the party states. In making such apportionment, the commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party states.

    (3) The commission shall not pledge the credit of any party states. The commission may meet any of its obligations in whole or in part with funds available to it pursuant to Article III(7) of this Compact, provided that the commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it pursuant to Article III(7) thereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

    (4) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission.

    (5) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.

    (6) Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

    Article VIII. Eligible Parties' Entry into and Withdrawal.

    (1) This Compact shall have as eligible parties all states, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a governor, the term "governor," as used in this Compact, shall mean the closest equivalent official of such jurisdiction.

    (2) Any state or other eligible jurisdiction may enter into this Compact and it shall become binding thereon when it has adopted the same: Provided that in order to enter into initial effect, adoption by at least 10 eligible party jurisdictions shall be required.

    (3) Adoption of the Compact may be either by enactment thereof or by adherence thereto by the governor; provided that in the absence of enactment, adherence by the governor shall be sufficient to make his state a party only until December 31, 1967. During any period when a state is participating in this Compact through gubernatorial action, the governor shall appoint those persons who, in addition to himself, shall serve as the members of the commission from his state, and shall provide to the commission an equitable share of the financial support of the commission from any source available to him.

    (4) Except for a withdrawal effective on December 31, 1967, in accordance with paragraph (3) of this article, any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

    Article IX. Construction and Severability.

    This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state participating therein, the Compact shall remain in full force and effect as to the state affected as to all severable matters.

(1967, c. 1020; 1981, c. 423, s. 1; 1991, c. 369, s. 1.)

§ 115C-105: Repealed by Session Laws 1991, c. 369, s. 2.

§§ 115C-105.1 through 115C-105.10: Repealed by Session Laws 1997-443, s. 8.27(c).

§ 115C-105.20. School-Based Management and Accountability Program.

1. The General Assembly believes that all children can learn. It is the intent of the General Assembly that the mission of the public school community is to challenge with high expectations each child to learn, to achieve, and to fulfill his or her potential. With that mission as its guide, the State Board of Education shall develop a School-Based Management and Accountability Program. The primary goal of the Program shall be to improve student performance.
2. In order to support local boards of education and schools in the implementation of this Program, the State Board of Education shall adopt guidelines, including guidelines to:
   1. Assist local boards and schools in the development and implementation of school-based management under Part 2 of this Article.
   2. Recognize the schools that meet or exceed their goals.
   3. Identify low-performing schools under G.S. 115C-105.37 , and create assistance teams that the Board may assign to schools identified as low-performing under G.S. 115C-105.37 . The assistance teams should consist of currently practicing teachers and staff, representatives of institutions of higher education, school administrators, and others the State Board considers appropriate.
   4. Enable assistance teams to make appropriate recommendations under G.S. 115C-105.38 .
   5. Establish a process to resolve disputes between local boards and schools in the development and implementation of school improvement plans under G.S. 115C-105.27 . This process shall provide for final resolution of the disputes.

(1989, c. 778, s. 3; 1991 (Reg. Sess., 1992), c. 900, s. 75.1(a); 1993, c. 321, s. 144.2(a); 1995, c. 272, s. 1; 1995 (Reg. Sess., 1996), c. 716, ss. 2, 3; 2011-145, s. 7.13(f); 2011-391, s. 14(b).)

School-Based Child and Family Team Initiative. - Session Laws 2007-323, s. 10.9(a)-(f), as reenacted for the 2009-2011 fiscal biennium by Session Laws 2009-451, s. 10.13, provides: "(a) School-Based Child and Family Team Initiative established. -

"(1) Purpose and duties. - There is established the School-Based Child and Family Team Initiative. The purpose of the Initiative is to identify and coordinate appropriate community services and supports for children at risk of school failure or out-of-home placement in order to address the physical, social, legal, emotional, and developmental factors that affect academic performance. The Department of Health and Human Services, the Department of Public Instruction, the State Board of Education, the Department of Juvenile Justice and Delinquency Prevention [now the Division of Adult Correction and Juvenile Justice of the Department of Public Safety], the Administrative Office of the Courts, and other State agencies that provide services for children shall share responsibility and accountability to improve outcomes for these children and their families. The Initiative shall be based on the following principles:

"a. The development of a strong infrastructure of interagency collaboration;

"b. One child, one team, one plan;

"c. Individualized strengths-based care;

"d. Accountability;

"e. Cultural competence;

"f. Children at risk of school failure or out-of-home placement may enter the system through any participating agency;

"g. Services shall be specified, delivered, and monitored through a unified Child and Family Plan that is outcome-oriented and evaluation-based;

"h. Services shall be the most efficient in terms of cost and effectiveness and shall be delivered in the most natural settings possible;

"i. Out-of-home placements for children shall be a last resort and shall include concrete plans to bring the children back to a stable, permanent home, their schools, and their community; and

"j. Families and consumers shall be involved in decision making throughout service planning, delivery, and monitoring.

"(2) Program goals and services. - In order to ensure that children receiving services are appropriately served, the affected State and local agencies shall:

"a. Increase capacity in the school setting to address the academic, health, mental health, social, and legal needs of children.

"b. Ensure that children receiving services are screened initially to identify needs and assessed periodically to determine progress and sustained improvement in educational, health, safety, behavioral, and social outcomes.

"c. Develop uniform screening mechanisms and a set of outcomes that are shared across affected agencies to measure children's progress in home, school, and community settings.

"d. Promote practices that are known to be effective based upon research or national best practice standards.

"e. Review services provided across affected State agencies to ensure that children's needs are met.

"f. Eliminate cost shifting and facilitate cost-sharing among governmental agencies with respect to service development, service delivery, and monitoring for participating children and their families.

"g. Participate in a local memorandum of agreement signed annually by the participating superintendent of the local LEA, directors of the county departments of social services and health, director of the local management entity, the chief district court judge, and the chief district court counselor.

"(3) Local level responsibilities. - In coordination with the North Carolina Child and Family Leadership Council (Council), the local board of education shall establish the School-Based Child and Family Team Initiative (Initiative) at designated schools and shall appoint the Child and Family Team Leaders who shall be a school nurse and a school social worker. Each local management entity that has any selected schools in its catchment area shall appoint a Care Coordinator, and any department of social services that has a selected school in its catchment area shall appoint a Child and Family Teams Facilitator. The Care Coordinators and Child and Family Team Facilitators shall have as their sole responsibility working with the selected schools in their catchment areas and shall provide training to school-based personnel, as required. The Child and Family Team Leaders shall identify and screen children who are potentially at risk of academic failure or out-of-home placement due to physical, social, legal, emotional, or developmental factors. Based on the screening results, responsibility for developing, convening, and implementing the Child and Family Team Initiative is as follows:

"a. School personnel shall take the lead role for those children and their families whose primary unmet needs are related to academic achievement.

"b. The local management entity shall take the lead role for those children and their families whose primary unmet needs are related to mental health, substance abuse, or developmental disabilities and who meet the criteria for the target population established by the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services.

"c. The local department of public health shall take the lead role for those children and their families whose primary unmet needs are health-related.

"d. Local departments of social services shall take the lead for those children and their families whose primary unmet needs are related to child welfare, abuse, or neglect.

"e. The chief district court counselor shall take the lead for those children and their families whose primary unmet needs are related to juvenile justice issues.

"A representative from each named or otherwise identified publicly supported children's agency shall participate as a member of the Team as needed. Team members shall coordinate, monitor, and assure the successful implementation of a unified Child and Family Plan.

"(4) Reporting requirements. - School-Based Child and Family Team Leaders shall provide data to the Council for inclusion in their report to the North Carolina General Assembly. The report shall include the following:

"a. The number of and other demographic information on children screened and assigned to a team and a description of the services needed by and provided to these children;

"b. The number of and information about children assigned to a team who are placed in programs or facilities outside the child's home or outside the child's county and the average length of stay in residential treatment;

"c. The amount and source of funds expended to implement the Initiative;

"d. Information on how families and consumers are involved in decision making throughout service planning, delivery, and monitoring;

"e. Other information as required by the Council to evaluate success in local programs and ensure appropriate outcomes; and

"f. Recommendations on needed improvements.

"(5) Local advisory committee. - In each county with a participating school, the superintendent of the local LEA shall either identify an existing cross agency collaborative or council, or shall form a new group, to serve as a local advisory committee to work with the Initiative. Newly formed committees shall be chaired by the superintendent and one other member of the committee to be elected by the committee. The local advisory committee shall include the directors of the county departments of social services and health, the directors of the local management entity, the chief district court judge, the chief district court counselor, the director of a school-based or school-linked health center if a center is located within the catchment area of the School-Based Child and Family Team Initiative, and representatives of other agencies providing services to children, as designated by the Committee. The members of the Committee shall meet as needed to monitor and support the successful implementation of the School-Based Child and Family Team Initiative.

"The Local Child and Family Team Advisory Committee may designate existing cross agency collaboratives or councils as working groups or to provide assistance in accomplishing established goals.

"(b) North Carolina Child and Family Leadership Council. -

"(1) Leadership Council established; location. - There is established the North Carolina Child and Family Leadership Council (Council). The Council shall be located within the Department of Administration for organizational and budgetary purposes.

"(2) Purpose. - The purpose of the Council is to review and advise the Governor in the development of the School-Based Child and Family Team Initiative and to ensure the active participation and collaboration in the Initiative by all State agencies and their local counterparts providing services to children in participating counties in order to increase the academic success and reduce out-of-home and out-of-county placements of children at risk of academic failure.

"(3) Membership. - The Superintendent of Public Instruction and the Secretary of Health and Human Services shall serve as cochairs of the Council. Council membership shall include the Secretary of the Department of Juvenile Justice and Delinquency Prevention, the Chairman of the State Board of Education, the Director of the Administrative Office of the Courts, and other members as appointed by the Governor.

"(4) The Council shall:

"a. Sign an annual memorandum of agreement (MOA) among the named State agencies to define the purposes of the program and to ensure that program goals are accomplished.

"b. Resolve State policy issues, as identified at the local level, which interfere with effective implementation of the School-Based Child and Family Team Initiative.

"c. Direct the integration of resources, as needed, to meet goals and ensure that the Initiative promotes the most effective and efficient use of resources and eliminates duplication of effort.

"d. Establish criteria for defining success in local programs and ensure appropriate outcomes.

"e. Develop an evaluation process, based on expected outcomes, to ensure the goals and objectives of this Initiative are achieved.

"f. Review progress made on integrating policies and resources across State agencies, reaching expected outcomes, and accomplishing other goals.

"g. Report semiannually, on January 1 and July 1, on progress made and goals achieved to the Office of the Governor, the Joint Appropriations Committees and Subcommittees on Education, Justice and Public Safety, and Health and Human Services, and the Fiscal Research Division of the Legislative Services Office.

"The Council may designate existing cross agency collaboratives or councils as working groups or to provide assistance in accomplishing established goals.

"(c) Department of Health and Human Services. - The Secretary of the Department of Health and Human Services shall ensure that all agencies within the Department collaborate in the development and implementation of the School-Based Child and Family Team Initiative and provide all required support to ensure that the Initiative is successful.

"(d) Department of Juvenile Justice and Delinquency Prevention. - The Secretary of the Department of Juvenile Justice and Delinquency Prevention [now the Division of Adult Correction and Juvenile Justice of the Department of Public Safety] shall ensure that all agencies within the Department collaborate in the development and implementation of the School-Based Child and Family Team Initiative and provide all required support to ensure that the Initiative is successful.

"(e) Administrative Office of the Courts. - The Director of the Administrative Office of the Courts shall ensure that the Office collaborates in the development and implementation of the School-Based Child and Family Team Initiative and shall provide all required support to ensure that the Initiative is successful.

"(f) Department of Public Instruction. - The Superintendent of Public Instruction shall ensure that the Department collaborates in the development and implementation of the School-Based Child and Family Team Initiative and shall provide all required support to ensure that the Initiative is successful."

Session Laws 2011-145, s. 10.15(a)-(f), provides: "(a) School-Based Child and Family Team Initiative Established.

"(1) Purpose and duties. - There is established the School-Based Child and Family Team Initiative. The purpose of the Initiative is to identify and coordinate appropriate community services and supports for children at risk of school failure or out-of-home placement in order to address the physical, social, legal, emotional, and developmental factors that affect academic performance. The Department of Health and Human Services, the Department of Public Instruction, the State Board of Education, the Department of Juvenile Justice and Delinquency Prevention [now the Division of Adult Correction and Juvenile Justice of the Department of Public Safety], the Administrative Office of the Courts, and other State agencies that provide services for children shall share responsibility and accountability to improve outcomes for these children and their families. The Initiative shall be based on the following principles:

"a. The development of a strong infrastructure of interagency collaboration.

"b. One child, one team, one plan.

"c. Individualized, strengths-based care.

"d. Accountability.

"e. Cultural competence.

"f. Children at risk of school failure or out-of-home placement may enter the system through any participating agency.

"g. Services shall be specified, delivered, and monitored through a unified Child and Family Plan that is outcome-oriented and evaluation-based.

"h. Services shall be the most efficient in terms of cost and effectiveness and shall be delivered in the most natural settings possible.

"i. Out-of-home placements for children shall be a last resort and shall include concrete plans to bring the children back to a stable permanent home, their schools, and their community.

"j. Families and consumers shall be involved in decision making throughout service planning, delivery, and monitoring.

"(2) Program goals and services. - In order to ensure that children receiving services are appropriately served, the affected State and local agencies shall do the following:

"a. Increase capacity in the school setting to address the academic, health, mental health, social, and legal needs of children.

"b. Ensure that children receiving services are screened initially to identify needs and assessed periodically to determine progress and sustained improvement in educational, health, safety, behavioral, and social outcomes.

"c. Develop uniform screening mechanisms and a set of outcomes that are shared across affected agencies to measure children's progress in home, school, and community settings.

"d. Promote practices that are known to be effective based upon research or national best practice standards.

"e. Review services provided across affected State agencies to ensure that children's needs are met.

"f. Eliminate cost-shifting and facilitate cost-sharing among governmental agencies with respect to service development, service delivery, and monitoring for participating children and their families.

"g. Participate in a local memorandum of agreement signed annually by the participating superintendent of the local LEA, directors of the county departments of social services and health, director of the local management entity, the chief district court judge, and the chief district court counselor.

"(3) Local level responsibilities. - In coordination with the North Carolina Child and Family Leadership Council (Council), established in subsection (b) of this section, the local board of education shall establish the School-Based Child and Family Team Initiative at designated schools and shall appoint the Child and Family Team Leaders, who shall be a school nurse and a school social worker. Each local management entity that has any selected schools in its catchment area shall appoint a Care Coordinator, and any department of social services that has a selected school in its catchment area shall appoint a Child and Family Teams Facilitator. The Care Coordinators and Child and Family Team Facilitators shall have as their sole responsibility working with the selected schools in their catchment areas and shall provide training to school-based personnel, as required. The Child and Family Team Leaders shall identify and screen children who are potentially at risk of academic failure or out-of-home placement due to physical, social, legal, emotional, or developmental factors. Based on the screening results, responsibility for developing, convening, and implementing the Child and Family Team Initiative is as follows:

"a. School personnel shall take the lead role for those children and their families whose primary unmet needs are related to academic achievement.

"b. The local management entity shall take the lead role for those children and their families whose primary unmet needs are related to mental health, substance abuse, or developmental disabilities and who meet the criteria for the target population established by the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services.

"c. The local department of public health shall take the lead role for those children and their families whose primary unmet needs are health-related.

"d. Local departments of social services shall take the lead for those children and their families whose primary unmet needs are related to child welfare, abuse, or neglect.

"e. The chief district court counselor shall take the lead for those children and their families whose primary unmet needs are related to juvenile justice issues. A representative from each named or otherwise identified publicly supported children's agency shall participate as a member of the Team as needed. Team members shall coordinate, monitor, and assure the successful implementation of a unified Child and Family Plan.

"(4) Reporting requirements. - School-Based Child and Family Team Leaders shall provide data to the Council for inclusion in their report to the North Carolina General Assembly. The report shall include the following:

"a. The number of and other demographic information on children screened and assigned to a team and a description of the services needed by and provided to these children.

"b. The number of and information about children assigned to a team who are placed in programs or facilities outside the child's home or outside the child's county and the average length of stay in residential treatment.

"c. The amount and source of funds expended to implement the Initiative.

"d. Information on how families and consumers are involved in decision making throughout service planning, delivery, and monitoring.

"e. Other information as required by the Council to evaluate success in local programs and ensure appropriate outcomes.

"f. Recommendations on needed improvements.

"(5) Local advisory committee. - In each county with a participating school, the superintendent of the local LEA shall either identify an existing cross-agency collaborative or council or shall form a new group to serve as a local advisory committee to work with the Initiative. Newly formed committees shall be chaired by the superintendent and one other member of the committee to be elected by the committee. The local advisory committee shall include the directors of the county departments of social services and health; the directors of the local management entity; the chief district court judge; the chief district court counselor; the director of a school-based or school-linked health center, if a center is located within the catchment area of the School-Based Child and Family Team Initiative; and representatives of other agencies providing services to children, as designated by the Committee. The members of the Committee shall meet as needed to monitor and support the successful implementation of the School-Based Child and Family Team Initiative. The Local Child and Family Team Advisory Committee may designate existing cross-agency collaboratives or councils as working groups or to provide assistance in accomplishing established goals.

"(b) North Carolina Child and Family Leadership Council. -

"(1) Leadership Council established; location. - There is established the North Carolina Child and Family Leadership Council (Council). The Council shall be located within the Department of Administration for organizational and budgetary purposes.

"(2) Purpose. - The purpose of the Council is to review and advise the Governor in the development of the School-Based Child and Family Team Initiative and to ensure the active participation and collaboration in the Initiative by all State agencies and their local counterparts providing services to children in participating counties in order to increase the academic success of and reduce out-of-home and out-of-county placements of children at risk of academic failure.

"(3) Membership. - The Superintendent of Public Instruction and the Secretary of Health and Human Services shall serve as cochairs of the Council. Council membership shall include the Secretary of the Department of Juvenile Justice and Delinquency Prevention [now the Secretary of Public Safety], the Chair of the State Board of Education, the Director of the Administrative Office of the Courts, and other members as appointed by the Governor.

"(4) The Council shall do the following:

"a. Sign an annual memorandum of agreement (MOA) among the named State agencies to define the purposes of the program and to ensure that program goals are accomplished.

"b. Resolve State policy issues, as identified at the local level, which interfere with effective implementation of the School-Based Child and Family Team Initiative.

"c. Direct the integration of resources, as needed, to meet goals and ensure that the Initiative promotes the most effective and efficient use of resources and eliminates duplication of effort.

"d. Establish criteria for defining success in local programs and ensure appropriate outcomes.

"e. Develop an evaluation process, based on expected outcomes, to ensure the goals and objectives of this Initiative are achieved.

"f. Review progress made on integrating policies and resources across State agencies, reaching expected outcomes, and accomplishing other goals.

"g. Report semiannually, on January 1 and July 1, on progress made and goals achieved to the Office of the Governor, the Joint Appropriations Committees and Subcommittees on Education, Justice and Public Safety, and Health and Human Services, and the Fiscal Research Division of the Legislative Services Office. The Council may designate existing cross-agency collaboratives or councils as working groups or to provide assistance in accomplishing established goals.

"(c) Department of Health and Human Services. - The Secretary of the Department of Health and Human Services shall ensure that all agencies within the Department collaborate in the development and implementation of the School-Based Child and Family Team Initiative and provide all required support to ensure that the Initiative is successful.

"(d) Department of Juvenile Justice and Delinquency Prevention [now the Division of Adult Correction and Juvenile Justice of the Department of Public Safety]. - The Secretary of the Department of Juvenile Justice and Delinquency Prevention shall ensure that all agencies within the Department collaborate in the development and implementation of the School-Based Child and Family Team Initiative and provide all required support to ensure that the Initiative is successful.

"(e) Administrative Office of the Courts. - The Director of the Administrative Office of the Courts shall ensure that the Office collaborates in the development and implementation of the School-Based Child and Family Team Initiative and shall provide all required support to ensure that the Initiative is successful.

"(f) Department of Public Instruction. - The Superintendent of Public Instruction shall ensure that the Department collaborates in the development and implementation of the School-Based Child and Family Team Initiative and shall provide all required support to ensure that the Initiative is successful."

For prior similar provisions, see Session Laws 2005-276, s. 6.24(a)-(f).

Editor's Note. - Session Laws 1989, c. 778, which added this section, provided in s. 2 that it was the intent of the General Assembly that the act be implemented with a minimum of regulations.

Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'."

Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium."

Session Laws 2009-451, s. 28.5, is a severability clause.

Session Laws 2011-391, s. 14(b), repealed Session Laws 2011-145, s. 7.13(f), which would have amended this section by repealing subdivision (b)(5).

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

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

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

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).

§ 115C-105.21. Local participation in the Program.

1. Local school administrative units shall participate in the School-Based Management and Accountability Program.
2. The School-Based Management and Accountability Program shall provide increased local control of schools with the goal of improving student performance. Local boards of education:
   1. Are allowed increased flexibility in the expenditure of State funds, in accordance with G.S. 115C-105.25 ; and
   2. May be granted waivers of certain State laws, regulations, and policies that inhibit their ability to reach local accountability goals, in accordance with G.S. 115C-105.26 .
3. The School-Based Management and Accountability Program shall be based upon an accountability, recognition, assistance, and intervention process in order to hold each school and the school's personnel accountable for improved student performance in the school.

(1989, c. 778, s. 3; 1991, c. 331, s. 1; 1993, c. 263, s. 1; c. 522, s. 3; 1995, c. 272, s. 2; c. 450, s. 12; 1995 (Reg. Sess., 1996), c. 716, ss. 2, 3.)

Local Modification. - Burke County School Administrative Unit, Mecklenburg County School Administrative Unit: 1995, c. 450, s. 25(a).

§§ 115C-105.22 through 115C-105.24: Reserved for future codification purposes.

§ 115C-105.25. Budget flexibility.

1. Consistent with improving student performance, a local board shall provide maximum flexibility to schools in the use of funds to enable the schools to accomplish their goals.
2. Subject to the following limitations, local boards of education may transfer and may approve transfers of funds between funding allotment categories:
   1. Repealed by Session Laws 2013-360, s. 8.14, effective July 1, 2013.

      (1a) Funds for career and technical education and other purposes may be transferred only as permitted by federal law and the conditions of federal grants or as provided through any rules that the State Board of Education adopts to ensure compliance with federal regulations.

      (1b) No funds shall be transferred out of the children with disabilities allotment category.

   2. , (2a) Repealed by Session Laws 2013-360, s. 8.14, effective July 1, 2013.
   3. No funds shall be transferred into the central office administration allotment category.

      (3a) No funds shall be transferred out of the teacher assistants allotment category.

      (3b) No funds shall be transferred out of the academically or intellectually gifted children allotment category.

   4. , (5) Repealed by Session Laws 2013-360, s. 8.14, effective July 1, 2013.

      (5a) No positions shall be transferred out of the allocation for classroom teachers for kindergarten through twelfth grade, except as provided in this subdivision. Positions allocated for classroom teachers may be converted to dollar equivalents to contract for visiting international exchange teachers through a visiting international exchange teacher program approved by the State. These positions shall be converted at the statewide average salary for classroom teachers, including benefits. The converted funds shall be used only to provide visiting international exchange teachers with salaries commensurate with their experience levels, to provide any State-approved bonuses, and to cover the costs associated with supporting visiting international exchange teachers within the local school administrative unit, including programming and related activities, background checks, medical coverage, and other program administration services in accordance with the federal regulations for the Exchange Visitor Program, 22 C.F.R. Part 62.

      (5b) Positions allocated for instructional support personnel may be converted to dollar equivalents for any purpose authorized by the policies of the State Board of Education. These positions shall be converted at the salary on the first step of the "A" Teachers Salary Schedule. Certified position allotments shall not be transferred to dollars to hire the same type of position.

      (5c) Funds allocated for school building administration may be converted for any purpose authorized by the policies of the State Board of Education. For funds related to principal positions, the salary transferred shall be based on the first step of the Base column of the Principal Salary Schedule. For funds related to assistant principal months of employment, the salary transferred shall be based on the first step of the "A" Teachers Salary Schedule at the salary level for assistant principals. Certified position allotments shall not be transferred to dollars to hire the same type of position.

      (5d) No positions shall be transferred out of the allocation for program enhancement teachers for kindergarten through fifth grade except as provided in this subdivision. Positions allocated for program enhancement teachers for kindergarten through fifth grade may be converted into positions allocated for classroom teachers for kindergarten through twelfth grade. For the purposes of this subdivision, the term "program enhancement" is as defined in G.S. 115C-301(c2).

      (6) through (9) Repealed by Session Laws 2013-360, s. 8.14, effective July 1, 2013.

      (10) Funds to carry out the elements of the Excellent Public Schools Act that are contained in Section 7A.1 of S.L. 2012-142 shall not be transferred.

      (10a) No funds shall be transferred out of the limited English proficiency allotment category.

      (11) No funds shall be transferred into or out of the driver education allotment category.

      (12) Funds allotted for textbooks and digital resources may only be used for the purchase of textbooks and digital resources. These funds shall not be transferred out of the allotment for any other purpose.

3. To ensure that parents, educators, and the general public are informed on how State funds have been used to address local educational priorities, each local school administrative unit shall publish information from the prior fiscal year on its Web site by October 15 of each year, as follows:
   1. A description of each program report code, written in plain English, and a summary of the prior fiscal year's expenditure of State funds within each program report code.
   2. A description of each object code within a program report code, written in plain English, and a summary of the prior fiscal year's expenditure of State funds for each object code.
   3. A description of each allotment transfer that increased or decreased the initial allotment amount by more than five percent (5%), including all of the following information:
      1. The amount of the transfer.
      2. The allotment category into which the funds were transferred.
      3. The purpose code for the funds following the transfer.
      4. A description of any teacher positions fully or partially funded as a result of the transfer, including all subject areas taught by the teacher in the position.
      5. The educational priorities that necessitated the transfer.
   4. Repealed by Session Laws 2017-57, s. 7.13(b), effective July 1, 2018.
   5. A chart that clearly reflects how the local school administrative unit spent State funds.
4. The local school administrative unit shall maintain information published pursuant to subsection (c) of this section on its Web site for at least three years after it is published.
5. No later than December 1 of each year, the Department of Public Instruction shall collect the information reported by local school administrative units pursuant to subsection (c) of this section and report the aggregated information, including available data from the two previous fiscal years, to the Joint Legislative Education Oversight Committee and the Fiscal Research Division. The report shall also include information on the use of the budget flexibility provided to Advanced Teaching Roles schools pursuant to G.S. 115C-311(j) .

(1995 (Reg. Sess., 1996), c. 716, s. 3; 1996, 2nd Ex. Sess., c. 18, ss. 18.24(h)-(k); 1998-212, s. 9.20(b); 1999-237, s. 8.25(c); 2001-424, s. 28.22; 2005-276, s. 7.22(a); 2006-69, s. 3(b); 2011-145, s. 7.13(g); 2011-391, s. 14(b); 2013-360, s. 8.14; 2015-241, ss. 8.33, 8.39(c), 8.47(a); 2016-94, ss. 8.5, 8.16; 2017-57, ss. 7.1(b), 7.2(b), 7.12, 7.13(a), (b), 7.23J(a), 8.3(d); 2017-197, s. 2.4; 2018-2, s. 4(a), (b); 2018-5, ss. 7.11(a), 8.2(g); 2019-247, s. 2.3(f); 2020-78, s. 2.6(c).)

Editor's Note. - The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 3, having been 115C-105.21A.

Session Laws 2005-276, s. 7.22(b), provides: "The Visiting International Faculty Program is a State-approved visiting international exchange teacher program."

Session Laws 2005-276, s. 7.32(c), provides: "During the first year of its operation, a high school established under G.S. 115C-238.50 shall be allotted a principal regardless of the number of State-paid teachers assigned to the school or the number of students enrolled in the school. The budget flexibility authorized by G.S. 115C-105.25 does not apply to these positions."

Session Laws 2005-276, ss. 7.61(a) and (b), as amended by Session Laws 2010-31, s. 7.22(d), and as amended by Session Laws 2011-145, s. 7.13(dd), provides: "(a) Funds appropriated for the At-Risk/Alternative Schools allotment and the Improving Student Accountability allotment shall be used consistent with the policies and procedures adopted by the State Board of Education. Priority for use of the funds shall be to (i) provide instructional positions or instructional support positions and/or professional development; (ii) provide intensive in-school and/or after-school remediation; and (iii) purchase diagnostic software and progress monitoring tools."

"(b) Repealed by Session Laws 2011-145, s. 7.13(dd), effective July 1, 2011."

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

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

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

At the direction of the Revisor of Statutes, subsections (c1) and (d), as added by Session Laws 2017-57, s. 7.23J(a), were redesignated as subsections (d) and (e), respectively.

Session Laws 2018-5, s. 8.2(g), effective July 1, 2018, repealed Session Laws 2017-57, s. 8.3(d), which, in subdivision (b)(5c), substituted "the Base column of the Principal Salary Schedule" for "the Principal III Salary Schedule" in the second sentence, and substituted " 'A' Teachers Salary Schedule at the salary level for assistant principals" for "Assistant Principal Salary Schedule" in the next-to-last sentence. Subdivision (b)(5c) now appears as it did prior to its amendment by Session Laws 2017-57, s. 8.3(d).

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 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 2021-7, s. 1.4, provides: "Use of Reading Camp Funds. - Notwithstanding G.S. 115C-105.25(b)(10) and any other provision of law, local school administrative units may use funds allocated to the units for reading camps for the 2020-2021 fiscal year to also support the operation of reading instruction for first, second, and third grade students in the school extension learning recovery and enrichment program pursuant to this act. These funds shall not be used for enrichment activities."

Effect of Amendments. - Session Laws 2005-276, s. 7.22(a), effective July 1, 2005, added subdivision (b)(5a).

Session Laws 2006-69, s. 3.(b), effective July 10, 2006, substituted "disabilities" for "special needs" in subdivision (b)(4).

Session Laws 2013-360, s. 8.14, effective July 1, 2013, deleted subdivisions (b)(1), (b)(2), (b)(2a), (b)(4), (b)(5), (b)(6), (b)(7), (b)(8), and (b)(9), which pertained to the transfer of funds allocated for: teacher assistants; classroom materials/instructional supplies/equipment; children with disabilities/limited English proficiency/driver's education; At-risk students; vocational education; career development; gifted children; and Alternative Schools/At-risk Students respectively; added subdivisions (b)(1a), (b)(5b), (b)(5c), and (b)(10), and subsection (c); and inserted "administration" in subdivision (b)(3).

Session Laws 2015-241, s. 8.33, effective July 1, 2015, added subdivisions (c)(4) and (c)(5).

Session Laws 2015-241, s. 8.47(a), effective July 1, 2015, added subdivision (b)(3a).

Session Laws 2016-94, s. 8.16, effective July 1, 2016, rewrote subdivision (b)(5a), which read "Positions allocated for classroom teachers may be converted to dollar equivalents to contract for visiting international exchange teachers. These positions shall be converted at the statewide average salary for classroom teachers, including benefits. The converted funds shall be used only to over the costs associated with bringing visiting international exchange teachers to the local school administrative unit through a State-approved visiting international exchange teacher program and supporting the visiting exchange teachers."

Session Laws 2017-57, ss. 7.1(b), 7.12, 7.23J(a), and 8.3(d), effective July 1, 2017, added subdivisions (b)(1b) and (10a) and subsections (d) and (e); in subdivision (b)(1a) deleted "children with disabilities" following "Funds for"; in subdivision (b)(5c), substituted "the Base column of the Principal Salary Schedule" for "the Principal III Salary Schedule" and " 'A ' Teachers Salary Schedule at the salary level for assistant principals" for "Assistant Principal Salary Schedule"; in the introductory paragraph of subsection (c), substituted "information from the prior fiscal year' for "following information" and added "as follows" at the end; in subdivision (c)(3), added "including all of the following information" at the end of the introductory paragraph, added subdivisions (c)(3)a.-d. and added the designation (c)(3)e.

Session Laws 2017-57, ss. 7.2(b) and 7.13(a) and (b), effective July 1, 2018, added subdivisions (b)(3b) and (b)(12); and repealed former subdivision (c)(4), which read: "A description of any transfer of funds from the textbooks and digital resources allotment into another allotment category with an explanation of why the transfer from the textbooks and digital resources allotment was made to a different allotment category."

Session Laws 2018-2, s. 4(a), effective July 1, 2018, added subdivision (b)(5d).

Session Laws 2018-2, s. 4(b), effective July 1, 2021, added the first sentence in subdivision (b)(5a); and deleted "Except as provided in subdivision (5a) of this subsection" at the beginning and "classroom teachers and" following "allocated for" in subdivision (b)(5b).

Session Laws 2018-5, s. 7.11(a), effective July 1, 2018, inserted "or out of" in subdivision (b)(11).

Session Laws 2019-247, s. 2.3(f), effective July 1, 2019, in subdivision (b)(5c), substituted "the Base column of the Principal Salary Schedule" for " the Principal III Salary Schedule" in the second sentence, and substituted "'A' Teachers Salary Schedule at the salary level for assistant principals" for "Assistant Principal Salary Schedule" in the last sentence.

Session Laws 2020-78, s. 2.6(c), effective July 1, 2020, added the last sentence in subsection (e).

§ 115C-105.26. Waivers of State laws or rules.

1. Except as otherwise provided for in this section, the State Board of Education shall not grant waivers of State laws or rules to local boards of education. If permitted under this section, a request for a waiver by a local board of education shall (i) identify the school or schools making the request, (ii) identify the State law or rule requesting to be waived, (iii) set out with specificity the circumstances under which the waiver may be used, and (iv) explain how the requested waiver will permit the school to improve student performance.
2. The State Board of Education may grant waivers to local boards of education of State laws and rules pertaining to the following:
   1. Class size requirements only as provided in G.S. 115C-301(g).
   2. Repealed by Session Laws 2015-241, s. 8A.6(a), effective July 1, 2015.
   3. School calendar requirements in order to provide sufficient days to accommodate anticipated makeup days due to school closings only as provided in G.S. 115C-84.2(d) .
3. through (e) Repealed by Session Laws 2015-241, s. 8A.6(a), effective July 1, 2015.

   (f) The State Board shall act within 60 days of receipt of all requests for waivers under this section.

   (g) The State Board shall, on a regular basis, review all waivers it has granted to determine whether any rules should be repealed or modified or whether the Board should recommend to the General Assembly the repeal or modification of any laws.

   (h) By October 15 of each year, the State Board shall report to the Joint Legislative Education Oversight Committee with a list of the specific waivers granted to each local board of education under this section. The State Board may include any legislative recommendations identified under subsection (g) of this section in its report.

(1995 (Reg. Sess., 1996), c. 716, s. 3; 1999-237, s. 8.25(b); 2006-153, s. 2; 2011-145, s. 7.13(h); 2011-391, s. 14(b); 2013-360, s. 9.7(a); 2015-241, s. 8A.6(a).)

Editor's Note. - The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 3, having been 115C-105.21B.

Effect of Amendments. - Session Laws 2006-153, s. 2, effective July 1, 2006, and applicable to school improvement plans beginning with the 2007-2008 school year, substituted "size and teacher certification" for "size, teacher certification, and the duty-free period for classroom teachers under G.S. 115C-301.1 " in subdivision (b)(1).

Session Laws 2015-241, s. 8A.6(a), effective July 1, 2015, rewrote the section. For applicability, see editor's note.

§ 115C-105.27. Development and approval of school improvement plans.

1. School Improvement Team. -  The principal of each school, representatives of the assistant principals, instructional personnel, instructional support personnel, and teacher assistants assigned to the school building, and parents of children enrolled in the school shall constitute a school improvement team. The team shall develop a school improvement plan to improve student performance.

   Representatives of the assistant principals, instructional personnel, instructional support personnel, and teacher assistants shall be elected by their respective groups by secret ballot.

   Unless the local board of education has adopted an election policy, parents shall be elected by parents of children enrolled in the school in an election conducted by the parent and teacher organization of the school or, if none exists, by the largest organization of parents formed for this purpose. Parents serving on school improvement teams shall reflect the racial and socioeconomic composition of the students enrolled in that school and shall not be members of the building-level staff.

   Parental involvement is a critical component of school success and positive student achievement; therefore, it is the intent of the General Assembly that parents, along with teachers, have a substantial role in developing school improvement plans. To this end, school improvement team meetings shall be held at a convenient time to assure substantial parent participation.

   (a1) Open Meetings. - School improvement team meetings are subject to the open meetings requirements of Article 33C of Chapter 143 of the General Statutes. Deliberations on the school safety components of the plan shall be in closed session in accordance with G.S. 143-318.11(a)(8). The principal shall ensure that these requirements are met.

   (a2) Public Records. - The school improvement plan, except for the school safety components of the plan, is a public record subject to Chapter 132 of the General Statutes and shall be posted on the school Web site. The names of the members of the school improvement team, their positions, and the date of their election to the school improvement team shall also be posted on the Web site.

   The school safety components of the plan are not public records subject to Chapter 132 of the General Statutes.

2. School Improvement Plan. - In order to improve student performance, the school improvement team at each school shall develop a school improvement plan that takes into consideration the annual performance goal for that school that is set by the State Board under G.S. 115C -105.35 and the goals set out in the mission statement for the public schools adopted by the State Board of Education. All school improvement plans shall be, to the greatest extent possible, data-driven. School improvement teams shall use the Education Value-Added Assessment System (EVAAS) or a compatible and comparable system approved by the State Board of Education to (i) analyze student data and identify root causes for problems, (ii) determine actions to address them, and (iii) appropriately place students in courses such as Algebra I. School improvement plans shall contain clear, unambiguous targets, explicit indicators and actual measures, and expeditious time frames for meeting the measurement standards.

   The strategies for improving student performance:

   1. Shall include a plan for the use of staff development funds that may be made available to the school by the local board of education to implement the school improvement plan. The plan may provide that a portion of these funds is used for mentor training and for release time and substitute teachers while mentors and teachers mentored are meeting;

      (1a) Repealed by Session Laws 2012-142, s. 7A.1(c), effective July 2, 2012.

   2. Shall include a plan to address school safety and discipline concerns;
   3. May include a decision to use State funds in accordance with G.S. 115C-105.25 ;
   4. Shall include a plan that specifies the effective instructional practices and methods to be used to improve the academic performance of students identified as at risk of academic failure or at risk of dropping out of school;
   5. May include requests for waivers of State laws, rules, or policies for that school. A request for a waiver shall meet the requirements of G.S. 115C-105.26 ;
   6. Shall include a plan to provide a duty-free lunch period for every teacher on a daily basis or as otherwise approved by the school improvement team; and
   7. Shall include a plan to provide duty-free instructional planning time for every teacher under G.S. 115C-301.1 , with the goal of providing an average of at least five hours of planning time per week; [and]
   8. Shall include a plan to identify and eliminate unnecessary and redundant reporting requirements for teachers and, to the extent practicable, streamline the school's reporting system and procedures, including requiring forms and reports to be in electronic form when possible and incorporating relevant documents into the student accessible components of the Instructional Improvement System.
3. School Vote on the Plan. - Support among affected staff members is essential to successful implementation of a school improvement plan to address improved student performance at that school. The principal of the school shall present the proposed school improvement plan to all of the principals, assistant principals, instructional personnel, instructional support personnel, and teacher assistants assigned to the school building for their review and vote. The vote shall be by secret ballot. The principal shall submit the school improvement plan to the local board of education only if the proposed school improvement plan has the approval of a majority of the staff who voted on the plan.

   (c1) Consideration of the School Safety Components of the Plan. - The superintendent shall review the school safety components of the school improvement plans and make written recommendations on them to the local board of education. Prior to a vote to accept a school's improvement plan in accordance with G.S. 115C-105.27(d) , the local board of education shall review the school safety components of the plan for that school in closed session. The board shall make findings on the safety components of the plan. Neither the safety components of the plan nor the board's findings on the safety components of the plan shall be set out in the minutes of the board.

4. Adoption of the Plan. - The local board of education shall accept or reject the school improvement plan. The local board shall not make any substantive changes in any school improvement plan that it accepts. If the local board rejects a school improvement plan, the local board shall state with specificity its reasons for rejecting the plan; the school improvement team may then prepare another plan, present it to the principals, assistant principals, instructional personnel, instructional support personnel, and teacher assistants assigned to the school building for a vote, and submit it to the local board to accept or reject. If no school improvement plan is accepted for a school within 60 days after its initial submission to the local board, the school or the local board may ask to use the process to resolve disagreements recommended in the guidelines developed by the State Board under G.S. 115C-105.20(b)(5). If this request is made, both the school and local board shall participate in the process to resolve disagreements. If there is no request to use that process, then the local board may develop a school improvement plan for the school. The General Assembly urges the local board to utilize the school's proposed school improvement plan to the maximum extent possible when developing such a plan.
5. Effective Period of the Plan. - A school improvement plan shall remain in effect for no more than two years; however, the school improvement team may amend the plan as often as is necessary or appropriate. If, at any time, any part of a school improvement plan becomes unlawful or the local board finds that a school improvement plan is impeding student performance at a school, the local board may vacate the relevant portion of the plan and may direct the school to revise that portion. The procedures set out in this subsection shall apply to amendments and revisions to school improvement plans.
6. Elimination of Other Unnecessary Plans. -  If a local board of education finds that a school improvement plan adequately covers another plan that the local school administrative unit is otherwise required to prepare, the local school administrative unit shall not be required to prepare an additional plan on the matter.
7. Compliance With Requirements. - Any employee, parent, or other interested individual or organization is encouraged to notify the principal of any concerns regarding compliance with this section. In addition, any employee, parent, or other interested individual or organization may submit in writing to the superintendent concerns regarding compliance with this section. The superintendent shall make a good-faith effort to investigate the concern. The superintendent shall upon request provide a written response to the concern.

(1989, c. 778, s. 3; 1991 (Reg. Sess., 1992), c. 900, s. 75.1(b); 1993, c. 38, s. 1; c. 263, s. 2; c. 321, s. 144.2(b); 1995, c. 272, s. 3; c. 450, s. 13; 1995 (Reg. Sess., 1996), c. 716, ss. 2, 3; 1997-159, s. 1; 1997-443, s. 8.29(r)(2); 1999-271, s. 1; 1999-397, s. 1; 2000-67, s. 8.1; 2001-424, s. 28.30(c); 2006-153, s. 1; 2009-223, s. 2; 2010-110, s. 1; 2011-145, s. 7.13(i), (x); 2011-379, s. 6(b); 2011-391, s. 14(b); 2012-77, s. 2; 2012-142, s. 7A.1(c); 2013-226, s. 11(a); 2013-360, s. 8.41(a).)

Editor's Note. - The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 3, having been 115C-105.22. The subsection (b1) designation was deleted at the direction of the Revisor of Statutes.

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. 2.12, provides: "Notwithstanding G.S. 115C-105.27 , the following shall apply:

"(1) For any school improvement plan set to expire at the end of the 2019-2020 school year, that school improvement plan may remain in effect until December 31, 2020, to allow additional time for consideration and adoption of the new school improvement plan.

"(2) For any school improvement plan extended to December 31, 2020, the replacement plan shall expire in 18 months, rather than two years."

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

Effect of Amendments. - Session Laws 2006-153, s. 1, effective July 1, 2006, and applicable to school improvement plans beginning with the 2007-2008 school year, designated the previously undesignated paragraphs as subsections (a) through (e); added subdivisions (b)(6) and (7); and made a minor punctuation change.

Session Laws 2009-223, s. 2, effective June 30, 2009, and applicable beginning with the 2009-2010 school year, in subsection (a), added "and the goals set out in the mission statement for the public schools adopted by the State Board of Education" at the end of the first sentence, and added the second paragraph; and in subsection (e), substituted "two years" for "three years" in the first sentence.

Session Laws 2010-110, s. 1, effective July 20, 2010, inserted "use the Education Value Added Assessment System (EVAAS) or a compatible and comparable system approved by the State Board of Education, to" in the last paragraph in subsection (a).

Session Laws 2011-145, s. 7.13(x), effective July 1, 2011, deleted "in accordance with the safe school plan developed under Article 8C of this Chapter" from the end of subdivision (b)(2).

Session Laws 2011-379, s. 6(b), effective June 27, 2011, and applicable beginning with the 2011-2012 school year, added subsection (f).

Session Laws 2012-77, s. 2, effective June 26, 2012, substituted "problems, to determine actions to address them, and to appropriately place students in courses such as Algebra I" for "problems and to determine actions to address them" in the second paragraph of subsection (a).

Session Laws 2012-142, s. 7A.1(c), effective July 2, 2012, repealed subdivision (b)(1a) pertaining to a plan for preparing students to read on grade level by the time they enter second grade. For applicability, see editor's note.

Session Laws 2013-226, s. 11(a), effective July 3, 2013, added subdivision (b)(8). For applicability, see editor's note.

Session Laws 2013-360, s. 8.41(a), effective July 1, 2013, added the subsection headings in subsections (a), (b), (c), (d), (e), and (f); added subsections (a1), (a2), (c1) and (g); in subsection (a), deleted the former first sentence, which read "In order to improve student performance, each school shall develop a school improvement plan that takes into consideration the annual performance goal for that school that is set by the State Board under G.S. 115C-105.35 and goals set out in the mission statement for the public schools adopted by the State Board of Education," substituted "team. The team shall" for "team to," and deleted the former fifth paragraph; and added the present first paragraph to subsection (b). For applicability, see editor's note.

Legal Periodicals. - For note on Leandro v. State, 346 N.C. 336 , 488 S.E.2d 249 (1997), see 76 N.C.L. Rev. 1481 (1998).

§§ 115C-105.28, 115-105.29: Repealed by Session Laws 1995 (Regular Session, 1996), c. 716, s. 3.

Editor's Note. - The numbers of these sections were assigned by the Revisor of Statutes, the numbers in Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 3, having been 115C-105.23 and 115C-105.24. Former G.S. 115C-105.23 and former G.S. 115C-105.24 were recodified as G.S. 115C-105.28 and G.S. 115C-105.29 as part of the recodification of Part 4 of Article 16 of Chapter 115C of the General Statutes, and then repealed.

§ 115C-105.30. Distribution of staff development funds.

Any funds the local board of education makes available to an individual school building to implement the school improvement plan at that school shall be used in accordance with that plan.

Each local board shall distribute seventy-five percent (75%) of the funds in the staff development funding allotment to the schools to be used in accordance with that school's school improvement plan. By October 1 of each year, the principal shall disclose to all affected personnel the total allocation of all funds available to the school for staff development and the superintendent shall disclose to all affected personnel the total allocation of all funds available at the system level for staff development. At the end of the fiscal year, the principal shall make available to all affected personnel a report of all disbursements from the building-level staff development funds, and the superintendent shall make available to all affected personnel a report of all disbursements at the system level of staff development funds.

(1993, c. 321, s. 144.2(c); 1995 (Reg. Sess., 1996), c. 716, ss. 2, 3; 2011-145, s. 7.13(j); 2011-391, s. 14(b).)

Editor's Note. - The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 3, having been 115C-105.25.

Session Laws 2003-284, s. 7.34, provides that local boards of education may use up to ten percent (10%) of State funds allocated for staff development to contract with Regional Education Services Alliances without such funding being subject to the provisions of G.S. 115C-105.30 . Additional funds distributed pursuant to G.S. 115C-105.30 may also be used to contract with Regional Education Services Alliances.

§ 115C-105.31: Repealed by Session Laws 2011-266, s. 1.18, effective July 1, 2011.

(1991 (Reg. Sess., 1992), c. 900, s. 76(a); 1993, c. 321, s. 144.2(d); 1993 (Reg. Sess., 1994), c. 677, s. 7; 1995, c. 324, s. 17.8(a); 1995 (Reg. Sess., 1996), c. 716, ss. 2, 3; 1998-131, s. 9; 2011-145, s. 7.13(k); 2011-391, s. 14(b); repealed by 2011-266, s. 1.18, effective July 1, 2011.)

Editor's Note. - Former G.S. 115C-105.31 pertained to Creation of the Task Force on School-based Management.

The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 3, having been 115C-105.26.

Session Laws 1998-131, s. 19, made amendments to this section effective July 1, 1998, contingent on funding appropriated pursuant to Session Laws 1998-131, s. 9. The necessary appropriations were made.

§ 115C-105.32. Parent involvement programs and conflict resolution programs as part of school improvement plans.

A school is encouraged to include a comprehensive parent involvement program as part of its school improvement plan under G.S. 115C-105.27 . The State Board of Education shall develop a list of recommended strategies that it determines to be effective, which building level committees may use to establish parent involvement programs designed to meet the specific needs of their schools. The Board shall make the list available to local school administrative units and school buildings by the beginning of the 1994-95 school year.

A school is encouraged to review its need for a comprehensive conflict resolution program as part of the development of its school improvement plan under G.S. 115C-105.27 . If a school determines that this program is needed, it may select from the list developed by the State Board of Education under G.S. 115C-81.15 or may develop its own materials and curricula to be approved by the local board of education.

(1993, c. 509, ss. 2, 3; 1995 (Reg. Sess., 1996), c. 716, ss. 2, 3; 2011-145, s. 7.13( l ); 2011-391, s. 14(b); 2017-126, s. 13.)

Editor's Note. - Session Laws 1993, c. 509, ss. 2 and 3, effective July 24, 1993, have been codified as this section at the direction of the Revisor of Statutes.

The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 3, having been 115C-105.27.

Effect of Amendments. - Session Laws 2017-126, s. 13, effective July 20, 2017, substituted "G.S. 115C-81.15" for "G.S. 115C-81(a4)" in the last sentence of the second paragraph.

§ 115C-105.33. Safe and orderly schools.

A school improvement team or a parent organization at a school may ask the local board of education to provide assistance in promoting or restoring safety and an orderly learning environment at a school. The school improvement team or parent organization shall file a copy of this request with the State Board. If the local board fails to provide adequate assistance to the school, then the school improvement team or parent organization may ask the State Board to provide an assistance team to the school.

The State Board may provide an assistance team, established under G.S. 115C-105.38 , to a school in order to promote or restore safety and an orderly learning environment at that school if one of the following applies:

1. The local board of education or superintendent requests that the State Board provide an assistance team to a school and the State Board determines that the school needs assistance.
2. The State Board determines within 10 days after its receipt of the request for assistance from a school improvement team or parent organization of a school that the school needs assistance and that the local board has failed to provide adequate assistance to that school.

   If an assistance team is assigned to a school under this section, the team shall spend a sufficient amount of time at the school to assess the problems at the school, assist school personnel with resolving those problems, and work with school personnel and others to develop a long-term plan for restoring and maintaining safety and an orderly learning environment at the school. The assistance team also shall make recommendations to the local board of education and the superintendent on actions the board and the superintendent should consider taking to resolve problems at the school. These recommendations shall be in writing and are public records. If an assistance team is assigned to a school under this section, the powers given to the State Board and the assistance team under G.S. 115C-105.38 and G.S. 115C-105.39 shall apply as if the school had been identified as low-performing under this Article.

(1997-443, s. 8.29(a)(2); 2011-145, s. 7.13(m); 2011-391, s. 14(b).)

§ 115C-105.34: Reserved for future codification purposes.

§ 115C-105.35. Annual performance goals.

1. The School-Based Management and Accountability Program shall (i) focus on student performance in the basics of reading, mathematics, and communications skills in elementary and middle schools, (ii) focus on student performance in courses required for graduation and on other measures required by the State Board in the high schools, and (iii) hold schools accountable for the educational growth of their students. To those ends, the State Board shall design and implement an accountability system that sets annual performance standards for each school in the State in order to measure the growth in performance of the students in each individual school.
2. For purposes of this Article, the State Board shall include a "closing the achievement gap" component in its measurement of educational growth in student performance for each school. The "closing the achievement gap" component shall measure and compare the performance of each subgroup in a school's population to ensure that all subgroups as identified by the State Board are meeting State standards.
3. Repealed by Session Laws 2015-241, s. 8A.4(a), effective July 1, 2015.

(1995 (Reg. Sess., 1996), c. 716, s. 3; 2001-424, s. 28.30(a); 2003-284, s. 7.40(c); 2004-124, s. 7.12(a); 2015-241, ss. 8.25(d), 8A.4(a).)

Editor's Note. - Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 32, made this part effective upon ratification. The Act was ratified June 21, 1996.

The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 3, having been 115C-105.28.

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(c), provides: "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."

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

Effect of Amendments. - Session Laws 2004-124, s. 7.12(a), effective July 1, 2004, rewrote the section.

Session Laws 2015-241, s. 8.25(d), effective July 1, 2015, in subsection (a), deleted the former last sentence of the introductory paragraph, which read: "During the 2004-2005 school year and at least every five years thereafter, the State Board shall evaluate the accountability system and, if necessary, modify the testing standards to assure the testing standards continue to reasonably reflect the level of performance necessary to be successful at the next grade level or for more advanced study in the content area."; and deleted the former second paragraph, which read: "As part of this evaluation, the Board shall, where available, review the historical trend data on student academic performance on State tests. To the extent that the historical trend data suggest that the current standards for student performance may not be appropriate, the State Board shall adjust the standards to assure that they continue to reflect the State's high expectations for student performance."

Session Laws 2015-241, s. 8A.4(a), effective July 1, 2015, repealed subsection (c).

§ 115C-105.36: Repealed by Session Laws 2015-65, s. 1.2, effective June 11, 2015.

(1995 (Reg. Sess., 1996), c. 716, s. 3; 1997-443, s. 8.14; 1998-220, s. 2; repealed by 2015-65, s. 1.2, effective June 11, 2015.)

Editor's Note. - The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 3, having been 115C-105.29.

Former G.S. 115C-105.36 pertained to performance recognition.

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).

§ 115C-105.37. Identification of low-performing schools.

1. Identification of Low-Performing Schools. - The State Board of Education shall identify low-performing schools on an annual basis. Low-performing schools are those that earn an overall school performance grade of D or F and a school growth score of "met expected growth" or "not met expected growth" as defined by G.S. 115C-83.15 .

   (a1) Plan for Improvement of Low-Performing Schools. - If a school has been identified as low-performing as provided in this section and the school is not located in a local school administrative unit identified as low-performing under G.S. 115C-105.39 A, the following actions shall be taken:

   1. The superintendent shall proceed under G.S. 115C-105.39 .
   2. Within 30 days of the initial identification of a school as low-performing by the State Board, the superintendent shall submit to the local board of education a preliminary plan for improving both the school performance grade and school growth score, including how the superintendent and other central office administrators will work with the school and monitor the school's progress.
   3. Within 30 days of its receipt of the preliminary plan, the local board shall vote to approve, modify, or reject this plan. Before the local board votes on the preliminary plan, it shall make the plan available to the public, including the personnel assigned to that school and the parents and guardians of the students who are assigned to the school, and shall allow for written comments.
   4. The local board shall submit a final plan to the State Board within five days of the local board's approval of the plan. The State Board shall review the plan expeditiously and, if appropriate, may offer recommendations to modify the plan. The local board shall consider any recommendations made by the State Board and, if necessary, amend the plan and vote on approval of any changes to the final plan.
   5. The local board of education shall provide access to the final plan on the local school administrative unit's Web site. The State Board of Education shall also provide access to each low-performing school plan on the Department of Public Instruction's Web site.
2. Parental Notice of Low-Performing School Status. - Each school that the State Board identifies as low-performing shall provide written notification to the parents and guardians of students attending that school within 30 days of the identification that includes the following information:
   1. A statement that the State Board of Education has found that the school has earned an overall school performance grade of D or F and a school growth score of "met expected growth" or "not met expected growth" and has been identified as a low-performing school as defined by G.S. 115C-105.37 . The statement shall include an explanation of the school performance grades and growth scores.
   2. The school performance grade and growth score earned.
   3. Information about the preliminary plan developed under subsection (a1) of this section and the availability of the final plan on the local school administrative unit's Web site.
   4. The meeting date for when the preliminary plan will be considered by the local board of education.
   5. A description of any additional steps the school is taking to improve student performance.

(1995 (Reg. Sess., 1996), c. 716, s. 3; 1997-221, s. 20(b); 1997-443, s. 8.45; 1998-59, s. 1; 2001-424, s. 29.4(a); 2015-241, s. 8A.4(b); 2017-57, s. 7.26(f).)

Editor's Note. - The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 3, having been 115C-105.30.

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

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

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

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

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

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

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

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

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

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

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

Session Laws 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 2017-57, s. 7.26( l ), made the amendment to this section by Session Laws 2017-57, s. 7.26(f), applicable beginning with the 2017-2018 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. 39.6, is a severability clause.

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. 2.5(a), provides: "Low-Performing Schools. - Notwithstanding G.S. 115C-105.37 and G.S. 115C-218.94(a) , for the 2020-2021 school year, the following applies:

"(1) The State Board shall not identify additional low-performing schools based on data from the 2019-2020 school year.

"(2) Schools previously identified as low-performing based on data from the 2018-2019 school year shall continue to be identified as low-performing.

"(3) Previously identified low-performing schools shall continue to carry out the final plan approved by the local board of education pursuant to G.S. 115C-105.37(a1) .

"(4) The State Board and the local board of education shall continue to provide online access to each low-performing school's plan in accordance with G.S. 115C-105.37(a1)(5).

"(5) The written parental notice required by G.S. 115C-105.37(b) is not required to be provided again, but local boards of education of low-performing schools shall include with their online final plans a brief explanation that low-performing identification continues pending assessment data from the 2020-2021 school year."

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

Session Laws 2021-130, s. 2.1, provides: "Low-Performing Schools. - Notwithstanding G.S. 115C-105.37 and G.S. 115C-218.94(a) , for the 2021-2022 school year, the following apply:

"(1) The State Board shall not identify additional low-performing schools based on data from the 2020-2021 school year.

"(2) Schools previously identified as low-performing based on data from the 2018-2019 school year shall continue to be identified as low-performing.

"(3) Previously identified low-performing schools shall continue to carry out the final plan approved by the local board of education pursuant to G.S. 115C-105.37(a1) .

"(4) The State Board and the local board of education shall continue to provide online access to each low-performing school's plan in accordance with G.S. 115C-105.37(a1)(5).

"(5) The written parental notice required by G.S. 115C-105.37(b) is not required to be provided again, but local boards of education of low-performing schools shall include with their online final plans a brief explanation that low-performing identification continues pending assessment data from the 2021-2022 school year."

Effect of Amendments. - Session Laws 2015-241, s. 8A.4(b), effective July 1, 2015, rewrote the section.

Session Laws 2017-57, s. 7.26(f), effective July 1, 2017, substituted "earned an overall" for "received a" in subsection (a) and subdivision (b)(1); and substituted "earned" for "received" in subdivision (b)(2). For applicability, see editor's note.

Legal Periodicals. - For note on Leandro v. State, 346 N.C. 336 , 488 S.E.2d 249 (1997), see 76 N.C.L. Rev. 1481 (1998).

§ 115C-105.37A. Continually low-performing schools; definition; assistance and intervention; reassignment of students.

1. Definition of Continually Low-Performing Schools. - A continually low-performing school is a school that has received State-mandated assistance and has been designated by the State Board as low performing for at least two of three consecutive years. If the State Board identifies a school as continually low performing:
   1. The school improvement team at that school shall review its school improvement plan to ensure consistency with the plan adopted pursuant to G.S. 115C-105.38(b)(3), and
   2. The plan must be reviewed and approved by the State Board of Education.
2. Assistance to Schools That Are Low Performing for Two Years. - If a school that has received State-mandated assistance is designated by the State Board as low performing for two consecutive years or for two of three consecutive years, the State Board shall provide a series of progressive assistance and intervention strategies to that school. These strategies shall be designed to improve student achievement and to maintain student achievement at appropriate levels and may include, to the extent that funds are available for this purpose, assistance such as reductions in class size, extension of teacher and assistant principal contracts, extension of the instructional year, and grant-based assistance.
3. Intervention in Schools That Are Low Performing for Three or More Years. - The State Board of Education shall develop and implement a series of actions for providing assistance and intervention to schools that have previously received State- mandated assistance and have been designated by the State Board as low performing for three or more consecutive years or for at least three out of four years. These actions shall be the least intrusive actions that are consistent with the need to improve student achievement at each such school and shall be adapted to the unique characteristics of each such school and the effectiveness of other actions developed or implemented to improve student achievement at each such school.
4. The State Board of Education shall report annually to the Superintendent of the North Carolina Innovative School District on any schools identified under this section as qualifying schools as defined in G.S. 115C-75.5 for consideration to be selected as innovative schools in accordance with Article 7A of this Chapter.

(2001-424, s. 29.3; 2009-223, s. 3; 2011-145, s. 7.13(n); 2011-391, s. 14(b); 2016-110, s. 2; 2017-57, s. 7.26E(b), (f); 2018-145, s. 27(b).)

Evaluation of Initiatives to Assist High-Priority Schools. - Session Laws 2001-424, ss. 29.6(a) to (d), as amended by Session Laws 2002-126, s. 7.28, provide:

"(a) In order for the high-priority schools identified in Section 29.1 of this act [s. 29.1 of Session Laws 2001-424, which provided for immediate assistance to the highest priority elementary schools] to remain eligible for the additional resources provided in this section [s. 29.6 of Session Laws 2001-424], the schools must meet the expected growth for each year and must achieve high growth for at least two out of three years based on the State Board of Education's annual performance standards set for each school. No adjustment in the allotment of resources based on performance shall be made until the 2004-2005 school year.

"(b) All teaching positions allotted for students in high-priority schools and continually low-performing schools in those grades targeted for smaller class sizes shall be assigned to and teach in those grades and in those schools. In grades K-3 in high-priority schools, the maximum class size for the portion of the 2001-2002 school year beginning with January 1, 2002, shall be no more than two students above the allotment ratio in that grade. The maximum class size for subsequent school years in grades K-3 in high priority schools and in grades K-5 in continually low-performing schools shall be no more than one student above the allotment ratio in that grade. The Department of Public Instruction shall monitor class sizes at these schools at the end of the first month of school and report to the State Board of Education on the actual class sizes in these schools. If the local school administrative unit notifies the State Board of Education that they do not have sufficient resources to adhere to the class size maximum requirements, the State Board shall verify the accuracy of the request. If additional resources are determined necessary, the State Board of Education may allocate additional teaching positions to the unit from the Reserve for Average Daily Membership Adjustments.

"(c) If a local board of education determines that the local school administrative unit is unable to implement the class-size limitation in accordance with this section [s. 29.6 of Session Laws 2002-424] for any high-priority school located in the unit, the local board may request a waiver for the school for the 2001-2002 school year. The request shall include the documentation required in G.S. 115C-105.26(a) . If the State Board grants the waiver, the State Board shall withdraw the additional teacher positions allotted to the local school administrative unit for the school and reinstate the regular allotment for teacher assistants for the school.

"If a local board of education determines that the local school administrative unit is unable to implement the class-size limitation and other high priority initiatives in accordance with this section for any high-priority school located in the unit for the 2002-2003 school year, the local board may request a waiver for the school from the State Superintendent of Public instruction for the 2002-2003 school year. The Superintendent shall evaluate the school's efforts to meet the goals of high priority schools. The Superintendent may grant a waiver for the 2002-2003 school year if the Superintendent finds that the school is making efforts comparable to those required for high-priority schools and that the educational progress of students in the school is satisfactory.

"(d) Of funds appropriated from the General Fund to State Aid to Local School Administrative Units, the sum of five hundred thousand dollars ($500,000) for fiscal year 2001-2002 and the sum of five hundred thousand dollars ($500,000) for fiscal year 2002-2003 shall be used by the State Board of Education to contract with an outside organization to evaluate the initiatives set forth in this act.

"The evaluation shall include:

"(1) An assessment of the overall impact these initiatives have had on student achievement;

"(2) An assessment of the effectiveness of each individual initiative set forth in this act [Session Laws 2001-424] in improving student achievement;

"(3) An identification of changes in staffing patterns, instructional methods, staff development, and parental involvement as a result of these initiatives;

"(4) An accounting of how funds and personnel resources made available for these schools were utilized and the impact of varying patterns of utilization on changes in student achievement;

"(5) An assessment of the impact of bonuses for mathematics, science, and special education teachers on (i) the retention of these teachers in the targeted schools, (ii) the recruitment of teachers in these specialties into targeted schools, (iii) the recruitment of teachers certified in these disciplines into teaching, (iv) student achievement in schools at which these teachers receive these bonuses; and

"(6) Recommendations for the continuance and improvement of these initiatives.

"The State Board of Education shall make an initial report to the Joint Legislative Education Oversight Committee regarding the results of this evaluation by December 1, 2002, and annually thereafter. The State Board of Education shall submit its recommendations for changes to these initiatives to the Committee at any time."

Flexibility for Highest Priority Elementary Schools. - Session Laws 2005-276, s. 7.10, provides: "The State Board of Education may allow high priority schools that have made high growth for three consecutive years to be removed from the list of high priority schools. If a local board of education chooses to have a school removed from the list of high priority schools, the additional high priority funding for that school shall be discontinued."

Phaseout of Special Supplementary Funding for High Priority Schools. - Session Laws 2007-323, s. 7.34(a) provide: "(a) The State Board of Education may develop a policy for a two-year phaseout of the special supplementary funding currently provided to the two remaining high priority elementary schools and may use funds in the ADM Contingency Reserve to support any additional cost of the two-year phaseout."

Editor's Note. - Session Laws 2001-424, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2001.' "

Session Laws 2001-424, s. 36.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2001-2003 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2001-2003 fiscal biennium."

Session Laws 2001-424, s. 36.5, is a severability clause.

Session Laws 2002-126, s. 1.2, provides: "This act shall be known as 'The Current Operations, Capital Improvements, and Finance Act of 2002'."

Session Laws 2002-126, s. 31.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2002-2003 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2002-2003 fiscal year. For example, uncodified provisions of this act relating to the Medicaid program apply only to the 2002-2003 fiscal year."

Session Laws 2002-126, s. 31.6, is a severability clause.

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

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

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

Session Laws 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 2016-110, s. 7, provides: "This act becomes effective only if funds are appropriated by the Current Operations Appropriations Act of 2016 for the Achievement School District." The appropriation was made in the reserve for pending legislation in the budget bill.

Session Laws 2016-110, s. 8, as amended by Session Laws 2017-57, s. 7.26E(f), as amended by Session Laws 2018-145, s. 27(b), and as amended by Session Laws 2019-248, s. 1(f), provides: "This act is effective when it becomes law [July 22, 2016] and supervision of innovative schools by the Innovative School District shall begin with the 2018-2019 school year. In the discretion of the State Board of Education (i) the ISD Superintendent may not be required during the 2017-2018 school year to recommend qualifying schools for inclusion in the ISD for the 2018-2019 school year and (ii) the time line for selection of innovative schools for the 2018-2019 school year provided in G.S. 115C-75.7 may be varied, but in no event may the local board of education's decision occur later than April 1, 2018."

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. 39.6, is a severability clause.

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. 2.5(b), provides: "Continually Low-Performing Schools. - Notwithstanding G.S. 115C-105.37 A and G.S. 115C-218.94(b) , for the 2020-2021 school year, the following applies:

"(1) The State Board shall not identify additional continually low-performing schools based on data from the 2019-2020 school year.

"(2) Schools previously identified as continually low-performing based on data from the 2018-2019 school year shall continue to be identified as continually low-performing.

"(3) Previously identified continually low-performing schools shall continue to carry out the plan approved by the State Board pursuant to G.S. 115C-105.37 A(a).

"(4) Assistance and intervention levels provided for the 2019-2020 school year based on designation as low-performing for two years under G.S. 115C-105.37 A(b) or low-performing for three years under G.S. 115C-105.37 A(c) shall continue.

"(5) Local boards of education may request to reform a continually low-performing school in accordance with G.S. 115C-105.37 B."

Session Laws 2020-3, s. 2.6(a), provides: "Notwithstanding the provisions of G.S. 115C-75.7 and G.S. 115C-105.37 A(d), for the 2020-2021 school year, the following applies:

"(1) The State Board shall not identify any additional schools as qualifying schools for the Innovative School District based on data from the 2019-2020 school year.

"(2) Schools identified as qualifying schools for the 2019-2020 school year based on data from the 2018-2019 school year shall remain on the qualifying list, and the provisions of G.S. 115C-75.7(b1) , (b2), and (d) shall continue to apply to these schools."

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

Session Laws 2021-130, s. 2.2, provides: "Continually Low-Performing Schools. - Notwithstanding G.S. 115C-105.37 A and G.S. 115C-218.94(b) , for the 2021-2022 school year, the following apply:

"(1) The State Board shall not identify additional continually low-performing schools based on data from the 2020-2021 school year.

"(2) Schools previously identified as continually low-performing based on data from the 2018-2019 school year shall continue to be identified as continually low-performing.

"(3) Previously identified continually low-performing schools shall continue to carry out the plan approved by the State Board pursuant to G.S. 115C-105.37 A(a).

"(4) Assistance and intervention levels provided for the 2019-2020 school year based on designation as low-performing for two years under G.S. 115C-105.37 A(b) or low-performing for three years under G.S. 115C-105.37 A(c) shall continue.

"(5) Local boards of education may request to reform a continually low-performing school in accordance with G.S. 115C-105.37 B.”

Effect of Amendments. - Session Laws 2009-223, s. 3, effective June 30, 2009, and applicable beginning with the 2009-2010 school year, designated the previously existing provisions of subsection (a) as subsection (a) and subdivision (a)(1), added subdivision (a)(2), and made minor stylistic and punctuation changes.

Session Laws 2016-110, s. 2, effective July 22, 2016, added subsection (d).

Session Laws 2017-57, s. 7.26E(b), effective July 1, 2017, in (d) substituted "North Carolina Innovative School District" for "Achievement School District" and "innovative" for "achievement."

§ 115C-105.37B. Reform of continually low-performing schools.

1. Notwithstanding any other provision of this Article, the State Board of Education is authorized to approve a local board of education's request to reform any school in its administrative unit which the State Board of Education has identified as one of the continually low-performing schools in North Carolina.

   If the State Board of Education approves a local board of education's request to reform a school, the State Board of Education may authorize the local board of education to adopt one of the following models in accordance with State Board of Education requirements:

   1. Transformation model, which would address the following four specific areas critical to transforming a continually low-performing school:
      1. Developing and increasing teacher and school leader effectiveness.
      2. Comprehensive instructional reform strategies.
      3. Increasing learning time and creating community-oriented schools.
      4. Providing operational flexibility and sustained support.
   2. Restart model, in which the State Board of Education would authorize the local board of education to operate the school with the same exemptions from statutes and rules as a charter school authorized under Article 14A of this Chapter, or under the management of an educational management organization that has been selected through a rigorous review process. A school operated under this subdivision remains under the control of the local board of education, and employees assigned to the school are employees of the local school administrative unit with the protections provided by Part 3 of Article 22 of this Chapter.
   3. Turnaround model, which would involve, among other actions, replacing the principal, if the principal has been in that position for at least three years, and rehiring no more than fifty percent (50%) of the school's staff, adopting a new governance structure at the school consistent with this Article, and implementing an instructional program aligned with the Standard Course of Study.
   4. School closure model, in which a local school administrative unit would close the school consistent with G.S. 115C-72 and enroll the students who attended the school in other, higher-achieving schools in the local school administrative unit consistent with Article 25 of this Chapter.
2. The State Board of Education shall adopt rules to develop requirements for the models for school reform established in subsection (a) of this section.
3. The State Board shall establish a procedure to implement this section. This procedure shall include annual reporting requirements from local boards that are authorized to use one of the models under this section and shall include a procedure for removing or continuing the authorization.
4. Nothing in this section shall be construed to limit the authority of a local board of education as otherwise provided in this Chapter.

(2010-1, s. 1; 2011-164, s. 2(b); 2013-360, s. 9.7(b); 2014-101, s. 7.)

Editor's Note. - Session Laws 2018-32, s. 6(a)-(q), as amended by Session Laws 2019-82, s. 4(d), as amended by Session Laws 2019-176, s. 3(f), as amended by Session Laws 2020-7, s. 1(f), as amended by Session Laws 2021-130, s. 3(g), (h), and as amended by Session Laws 2021-132, s. 6(h), provides: "(a) Authorize Renewal School System Plan; Purpose. - A local board of education of a local school administrative unit that has (i) the greatest percentage of restart model schools in the State that have been approved by the State Board of Education pursuant to G.S. 115C-105.37 B(a)(2) for the 2017-2018 school year, (ii) received low-wealth supplemental funding for the 2017-2018 fiscal year, and (iii) more than an average daily membership of 10,000 students for the 2017-2018 school year may submit a local school administrative unit renewal plan (renewal school system plan) to the State Board to permit the local board of education to decide all matters related to the operation of the schools under its control within the local school administrative unit, including use of State funds, curriculum, and operating procedures, except as otherwise provided in this section. The purpose of operating the local school administrative unit under a renewal school system plan shall be for the local board of education to design and create a comprehensive, innovative strategic vision for sustainable school improvement and student achievement through the delivery of instruction and resources tailored to the needs of the students and the community.

"(b) Submission of the Renewal School System Plan. - The State Board of Education shall approve a renewal school system plan that meets the requirements of this section that is submitted to the State Board by the qualifying local board of education by July 15, 2018, to begin operation of the plan with the 2018-2019 school year. The local board shall include at least the following components in its renewal school system plan:

"(1) A resolution adopted by the local board of education to implement the plan in the local school administrative unit.

"(2) A description of how the plan will meet the purpose set forth in subsection (a) of this section and an outline of strategic goals, including improving student achievement and at least the following:

"a. Policies and support services that will enhance the ability of each school in the local school administrative unit to achieve its own strategic vision and plan within the context of the school system's vision.

"b. Strategies for attaining and retaining high quality instructional, support, and administrative school personnel employed by the local board of education.

"c. Methods for the analysis of data to ensure the local board of education is meeting its strategic goals.

"(c) State Board Approval. - The State Board shall approve a renewal school system plan that meets the requirements of this section by August 2, 2018. In accordance with subsection (a) of this section, the local board of education with an approved renewal school system plan shall be exempt from statutes and rules applicable to other local school administrative units for the purpose of operating its schools, except as otherwise provided in this section.

"(d) Applicability of Specific Statutes. - The local board of education with an approved renewal school system plan shall be subject to the following Articles and sections of Chapter 115C of the General Statutes:

"(1) Article 1, Definitions and Preliminary Provisions.

"(2) Article 5, Local Boards of Education, except for the following subdivisions of G.S. 115C-47 , Powers and duties generally:

"a. (5) [To Fix Time of Opening and Closing Schools].

"b. (10) [To Assure Appropriate Class Size].

"c. (11) [To Determine School Calendar].

"d. (13) [To Elect a Superintendent].

"e. (14) [To Supply an Office, Equipment and Clerical Assistance for the Superintendent].

"f. (15) [To Prescribe Duties of Superintendent].

"g. (16) [To Remove a Superintendent, When Necessary].

"h. (17) [To Employ Assistant Superintendents and Supervisors].

"i. (18a) [To Adopt Rules and Policies Limiting the Noninstructional Duties of Teachers].

"j. (21) [Employee Salary Schedules].

"k. (32) [To Refer All Students Who Drop Out of the Public Schools to Appropriate Services].

" l . (32a) [To Establish Alternative Learning Programs and Develop Policies and Guidelines].

"m. (34a) [To Establish Work-Based Opportunities and Encourage High School to Work Partnerships].

"n. (35) [To Produce School Building Improvement Reports].

"o. (38) [To Establish School Improvement Teams].

"p. (65) [To Provide Information About Child Abuse and Neglect].

"(3) Article 7, Organization of Schools.

"(4) G.S. 115C-81.30 , Reproductive Health and Safety Education Provided by Local School Administrative Units.

"(4a) G.S. 115C-81.65 , Financial literacy.

"(5) Part 1A, North Carolina Read to Achieve Program, and Part 1B of Article 8, School Performance.

"(5a) (Repealed effective June 30, 2022) G.S. 115C-84.3 , Remote Instruction.

"(6) Article 9, Education of Children With Disabilities.

"(7) Part 3, Preliminary Scholastic Aptitude Test Opportunities Encouraged, and Part 5, Career and College Readiness, of Article 10A.

"(8) Article 8C, Local Safety Plans, except G.S. 115C-105.47 A, Proposals to establish alternative learning programs or alternative schools, and G.S. 115C-105.48 , Placement of students in alternative schools/alternative learning programs.

"(9) Subsections (c) through (e) of G.S. 115C-218.105 , State and local funds for a charter school.

"(10) Part 9 of Article 16, Cooperative Innovative High School Programs.

"(11) Part 2 of Article 17, Food Service.

"(12) Article 21A, Privacy of Employee Personnel Records.

"(13) G.S. 115C-325 , System of employment for public school teachers, and Part 6, Criminal History Checks, and Part 8, Sexual Harassment Policies, of Article 22.

"(14) Article 23, Employment Benefits.

"(15) Article 25, Admission and Assignment of Students, except G.S. 115C-372 , Assignment to school bus.

"(16) Article 25A, Special Medical Needs of Students.

"(16a) Article 25B, Mental Health Needs of Students.

"(17) Article 26, Attendance.

"(18) Article 27, Discipline.

"(19) Article 28, Student Liability.

"(20) Article 29, Protective Provisions and Maintenance of Student Records.

"(21) Article 29A, Policy Prohibiting Use of Tobacco Products.

"(22) Article 29D, Student Prayer and Religious Activity.

"(23) Article 31, The School Budget and Fiscal Control Act, except G.S. 115C-438 , Provision for the disbursement of State money, and G.S. 115C-451 , Reports to State Board of Education; failure to comply with School Budget Act.

"(24) Article 33, Assumption of School District Indebtedness by Counties.

"(25) Article 34, Refunding and Funding Bonds of School Districts.

"(26) Article 34B, Qualified Zone Academy Bonds and Qualified School Construction Bonds.

"(27) Article 35, Voluntary Endowment Fund for Public Schools.

"(28) Article 36, Voted Tax Supplements for School Purposes.

"(29) Article 37, School Sites and Property, except G.S. 115C-521(a) , Class size requirements.

"(30) Repealed by Session Laws 2019-176, s. 3(f), effective July 1, 2020.

"(e) Course of Study Requirements. - The local board of education with an approved renewal school system plan shall provide at least the following as part of the course of study:

"(1) (Effective until June 30, 2022) Provide instruction each year for at least 185 days or 1,025 hours over nine calendar months, and may include the use of remote instruction in accordance with G.S. 115C-84.3 .

"(1) (Effective June 30, 2022) Provide instruction each year for at least 185 days or 1,025 hours over nine calendar months.

"(2) Design its programs to meet, at a minimum, the student performance standards adopted by the State Board of Education and the student performance goals contained in the plan.

"(3) Conduct the student assessments required by G.S. 115C-174.11 .

"(f) Identification of Low-Performing Schools. - The State Board of Education shall identify low-performing schools located in the local school administrative unit operating under a renewal school system plan on an annual basis. Low-performing schools are those that earn an overall school performance grade of D or F and a school growth score of 'met expected growth' or 'not met expected growth' as defined by G.S. 115C-83.15 . The State Board shall also identify continually low-performing schools in the local school administrative unit on an annual basis. A continually low-performing school is a school that has been designated by the State Board as low-performing for at least two of three consecutive years.

"(g) Transportation. - The local board of education with an approved renewal school system plan shall provide a system of transportation to students in the local school administrative unit.

"(h) Policy Against Bullying. - The local school administrative unit operating under a renewal school system plan is encouraged to adopt a policy against bullying or harassing behavior, including cyber-bullying, that is consistent with the provisions of Article 29C of Chapter 115C of the General Statutes. If the local school administrative unit adopts a policy to prohibit bullying and harassing behavior, the unit shall, at the beginning of each school year, provide the policy to staff, students, and parents as defined in G.S. 115C-390.1(b)(8).

"(i) Reporting to the State Board. - The local school administrative unit, with an approved renewal school system plan, shall comply with the reporting requirements established by the State Board of Education in the Uniform Education Reporting System. The local school administrative unit shall report at least annually to the State Board any information required by the State Board.

"(j) Driving Eligibility Certificates. - In accordance with rules adopted by the State Board of Education, the local board of education, with an approved renewal school system plan, shall direct the principal of each school in the local school administrative unit to do all of the following regarding driving eligibility certificates:

"(1) Sign driving eligibility certificates that meet the conditions established in G.S. 20-11 .

"(2) Obtain the necessary written, irrevocable consent from parents, guardians, or emancipated juveniles, as appropriate, in order to disclose information to the Division of Motor Vehicles.

"(3) Notify the Division of Motor Vehicles when a student who holds a driving eligibility certificate no longer meets its conditions.

"(k) Employees. - Beginning August 2, 2018, the local board of education with an approved renewal school system plan shall employ and establish the terms of any new or renewed contract with necessary school administrators and teachers to perform the particular service for which they are employed in the schools or in a central administrative role for the local school administrative unit except for those teachers employed pursuant to G.S. 115C-325 . At least fifty percent (50%) of the teachers in a school shall hold teacher licenses. All teachers who are teaching in the core subject areas of mathematics, science, social studies, and language arts shall be college graduates. The local board of education also may employ necessary employees who are not required to hold teacher licenses to perform duties other than teaching and may contract for other services.

"This subsection (i) shall not apply to a contract of employment in effect on August 2, 2018, that by its terms will terminate on a later date and (ii) does not impair any obligations of the local board of education arising under an employment contract executed before August 2, 2018. Any of the following statutes or Articles of Chapter 115C of the General Statutes that applied to a contract of employment entered in to by the local board of education prior to August 2, 2018, shall continue to apply until the end of the term of the contract:

"(1) Article 18, Superintendent.

"(2) G.S. 115C-287.1 , Method of employment of principals, assistant principals, supervisors, and directors.

"(3) Part 3, Principal and Teacher Employment Contracts, of Article 22.

"(4) Article 23, Employment Benefits.

"( l ) Available State Funds. - Beginning with the 2018-2019 fiscal year, the Department of Public Instruction shall calculate the amount of State funds to be allocated to the local school administrative unit operating under a renewal school system plan on the same basis as other local school administrative units and shall distribute those funds to the unit. The funds allocated to the local school administrative unit shall be subject to any restrictions as to use imposed by federal law, the conditions of federal grants, or as provided through any rules that the State Board adopts to ensure compliance with federal regulations. Use of these funds shall otherwise be unrestricted except as provided in this section.

"In no event shall the local school administrative unit receive a total amount of State funds in the 2018-2019 fiscal year under the disbursement method described in this subsection that is less than the total amount of State funds the local school administrative unit received in the 2017-2018 fiscal year.

"(m) Provision for Disbursement of State Money. - The deposit of money in the State treasury to the credit of the local school administrative unit operating under an approved renewal school system plan shall be made as necessary for the operation of the local school administrative unit.

"The State Board of Education may withhold money to be distributed to the local school administrative unit if any report required to be filed with State school authorities is more than 30 days overdue.

"Money in the State Public School Fund and State bond moneys shall be released only on warrants drawn on the State Treasurer, signed by a local official as required by the State Board.

"(n) State Budget Act Compliance. - The State Board of Education shall have authority to require the local school administrative unit operating under an approved renewal school system plan to make reports as it may deem advisable with respect to the financial operation of the schools located in the unit. If the local board of education willfully or negligently fails or refuses to comply with applicable laws and regulations of the School Budget and Fiscal Control Act, the State Board shall issue a warning to the local board of education and direct it to take remedial action. If the local board of education, after warning, persists in willfully or negligently failing or refusing to comply with these laws and regulations, the State Board shall by resolution assume control of the financial affairs of the local board of education and shall appoint an administrator to exercise the powers assumed. The adoption of a resolution shall have the effect of divesting the local board of education of its powers as to the adoption of budgets, expenditure of money, and all other financial powers conferred upon the local board of education by law.

"(o) Withholding for Retirement Contributions. Upon notification by the Board of Trustees of the Teachers' and State Employees' Retirement System to the State Treasurer and the Office of State Budget and Management as to any default of the local school administrative unit operating under an approved renewal school system plan, the State Board shall withhold from any State appropriation due to the local school administrative unit an amount equal to the sum of all delinquent contributions and payments due to the Retirement Systems Division and shall transmit that amount to the Retirement Systems Division.

"(p) State Board of Education Review; Termination of Plan. - The State Board shall conduct a review of the operation and student performance of the local school administrative unit operating under an approved renewal school system plan following the end of the 2022-2023 school year and, at least every three years thereafter, to ensure that the unit is meeting the expected academic, financial, and governance strategic goals set forth in the local board of education's plan. The State Board may terminate the renewal school system plan after a review upon any of the following grounds:

"(1) Failure to meet the requirements for student performance contained in the plan.

"(2) The majority of schools in the local school administrative unit have been identified as low-performing schools in the two school years immediately preceding the review.

"If the State Board determines that the local school administrative unit operating under an approved renewal school system plan has failed to meet generally accepted standards of fiscal management or violated State or federal law, the State Board may terminate the renewal school system plan prior to the end of 2022-2023 school year. In addition, if the State Superintendent finds that satisfactory progress is not being made after reviewing the reports required to be submitted under subsection (q) of this section, the State Superintendent shall recommend to the State Board that the renewal school system plan be terminated immediately. The State Board shall terminate the renewal school system plan if such a recommendation is made by the State Superintendent.

"Upon termination of the renewal school system plan by the State Board, the State Board shall develop a transition plan for the local board of education to revert to operating the local school administrative unit in accordance with applicable State laws and regulations for other local school administrative units.

"(q) Reporting to State Superintendent. - The local school administrative unit operating under an approved renewal school system plan shall report to the State Superintendent of Public Instruction as follows:

"(1) An annual report on the assessment instruments used pursuant to G.S. 115C-174.11(a) and the student outcomes based on those assessments.

"(2) An annual report on the number of classroom teacher and school administrator vacancies, turnover, and use of long-term substitutes in filling vacancies for both classroom teachers and school administrators. This report shall also provide comparisons with the statewide data on these items. In addition, the report shall also provide comparisons with the previous year's data on these items both at the local school administrative unit level and statewide.

"(3) An annual report on student absences. This data shall provide comparisons with the previous year's data on these items.

"(4) Any other reporting requirements deemed necessary by the State Superintendent of Public Instruction."

Session Laws 2018-135, 3rd Ex. Sess., s. 1.1, provides: "Calendar Flexibility. - Notwithstanding G.S. 115C-75.8(d)(9), 115C-84.2(a)(1), 115C-150.12, 115C-218.85(a)(1), 115C-238.53(d), 115C-238.66(1)d., 116-239.8(b)(2)c., Section 6(e) of S.L. 2018-32, and any other provision of State law to the contrary, if the governing body of a public school unit closed any school under its control due to unusual and extraordinary inclement weather conditions related to Hurricane Florence, calendar flexibility for instructional time missed due to Hurricane Florence during the months of September 2018 and October 2018 shall be provided as follows:

"(1) If the school is located in a public school unit that is located in a county designated before, on, or after the effective date of this act 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, in the discretion of its governing body, the public school unit may (i) make up any number of the instructional days or equivalent hours missed, (ii) deem as completed any number of the instructional days or equivalent hours missed up to a total of 20 days, or (iii) implement any combination of both of the above.

"(2) If the school is located in a public school unit that is not 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, the following shall apply:

"a. If the public school unit's scheduled calendar will already meet 185 instructional days or 1025 instructional hours, no additional days or hours for that school are required to comply with G.S. 115C-84.2 .

"b. For all other schools, for days missed in excess of two days, in the discretion of its governing body, the public school unit may do either or a combination of the following:

"1. Make up any number of the instructional days or equivalent hours missed.

"2. Deem as completed any number of the instructional days or equivalent hours missed.

"For the purposes of this act, "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 2018-135, 3rd Ex. Sess., s. 1.2, provided for compensation for teachers and school employees in public schools that missed instructional days due to Hurricane Florence, and Session Laws 2018-135, 3rd Ex. Sess., s. 1.3, required a report, due March 15, 2019, from the Superintendent of Public Instruction to the chairs of the House of Representatives Committee on Appropriations and the Senate Appropriations•ase Budget Committee, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division of the General Assembly on instructional days missed due to the hurricane, days made up, days not made up pursuant to the act, and compensation paid under s. 1.2.

Effect of Amendments. - Session Laws 2011-164, s. 2(b), effective July 1, 2011, deleted the former last two sentences of subdivision (a)(2), which read: "This subdivision shall not be interpreted to increase the maximum number of charter schools provided in G.S. 115C-238.29D(b). No school authorized under this subsection shall count against the limit provided for charter schools in G.S. 115C-238.29D(b)."

Session Laws 2013-360, s. 9.7(b), effective July 1, 2014, substituted "Part 3 of Article 22 of this Chapter" for "G.S. 115C-325" in subdivision (a)(2).

Session Laws 2014-101, s. 7, effective August 6, 2014, substituted "Article 14A of this Chapter" for "Part 6A of Article 16 of this Chapter" in subdivision (a)(2). See Editor's note for applicability.

§ 115C-105.38. Assistance teams; review by State Board.

1. The State Board of Education may assign an assistance team to any school identified as low-performing under this Article or to any other school that requests an assistance team and that the State Board determines would benefit from an assistance team. The State Board shall give priority to low-performing schools in which the educational performance of the students is declining. The Department of Public Instruction shall, with the approval of the State Board, provide staff as needed and requested by an assistance team.
2. When assigned to an identified low-performing school, an assistance team shall:
   1. Review and investigate all facets of school operations and assist in developing recommendations for improving student performance at that school.
   2. Evaluate at least semiannually the personnel assigned to the school and make findings and recommendations concerning their performance.
   3. Collaborate with school staff, central offices, and local boards of education in the design, implementation, and monitoring of a plan that, if fully implemented, can reasonably be expected to alleviate problems and improve student performance at that school.
   4. Make recommendations as the school develops and implements this plan.
   5. Review the school's progress.
   6. Report, as appropriate, to the local board of education, the community, and the State Board on the school's progress. If an assistance team determines that an accepted school improvement plan developed under G.S. 115C-105.27 is impeding student performance at a school, the team may recommend to the local board that it vacate the relevant portions of that plan and direct the school to revise those portions.

      (b1) Report to the State Board of Education if a school and its local board of education are not responsive to the team's recommendations. A copy of that report shall be made available to the local board, and the local board shall have an opportunity to respond. Notwithstanding G.S. 115C-36 and other provisions of this Chapter, if the State Board confirms that the school and local board have failed to take appropriate steps to improve student performance at that school, the State Board shall assume all powers and duties previously conferred upon that local board and that school and shall have general control and supervision of all matters pertaining to that school until student performance at the school meets or exceeds the standards set for the school. The State Board may, as it considers appropriate, delegate any powers and duties to that local board or school before the school meets or exceeds those standards.

3. If a school fails to improve student performance after assistance is provided under this section, the assistance team may recommend that the assistance continues or that the State Board take further action under G.S. 115C-105.39 .
4. The State Board shall annually review the progress made in identified low-performing schools.

(1995 (Reg. Sess., 1996), c. 716, s. 3; 2002-178, s. 7; 2011-145, s. 7.13(o); 2011-391, s. 14(b).)

Editor's Note. - The number of this section was assigned by the Revisor of Statutes, the number in Session Law 1995 (Reg. Sess., 1996), c. 716, s. 3, having been 115C-105.31.

§ 115C-105.38A. Teacher competency assurance.

1. General Knowledge Test. -
   1. Each assistance team assigned to a low-performing school during the 1997-98 school year shall review the team's evaluations of certified staff members to determine which staff members have been designated by the team as Category 3 teachers. The assistance team shall then determine whether lack of general knowledge contributed to the Category 3 designation. If the assistance team determines that a certified staff member's lack of general knowledge contributed to that staff member being designated as a Category 3 teacher, the assistance team shall submit the staff member's name to the State Board. Upon receipt of the notification, the State Board shall require that the certified staff members identified by the assistance teams demonstrate their general knowledge by acquiring a passing score on a test designated by the State Board. The State Board shall administer the general knowledge test required under this subdivision at the end of the 1997-98 school year.
   2. During the 1998-99 school year and thereafter, either the principal assigned to a low-performing school or the assistance team assigned to a low-performing school may recommend to the State Board that a certified staff member take a general knowledge test. A principal or an assistance team may make this recommendation if the principal or the assistance team determines that the certified staff member's performance is impaired by the staff member's lack of general knowledge. After receipt of the notification, but prior to the end of the fiscal year, the State Board shall require that all certified staff members identified under this subdivision demonstrate their general knowledge by acquiring a passing score on a test designated by the State Board.
2. Repealed by Session Laws 1998-5, s. 1, effective June 9, 1998.
3. Remediation. - Certified staff members who do not acquire a passing score on the test required under subsection (a) of this section shall engage in a remediation plan based upon the deficiencies identified by the test, or an assistance team, or a principal. The remediation plan for deficiencies of individual certified staff members shall consist of up to a semester of university or community college training or coursework or other similar activity to correct the deficiency. The remediation shall be developed by the State Board of Education in consultation with the Board of Governors of The University of North Carolina. The State Board shall reimburse the institution providing the remediation any tuition and fees incurred under this section. If the remediation plan requires that the staff member engage in a full-time course of study or training, the staff member shall be considered on leave with pay.
4. Retesting; Dismissal. - Upon completion of the remediation plan required under subsection (c) of this section, the licensed staff member shall take the general knowledge test a second time. If the licensed staff member fails to acquire a passing score on the second test, the State Board shall begin a dismissal proceeding under G.S. 115C-325(q)(2a) or G.S. 115C-325.13 .
5. Repealed by Session Laws 1998-5, s. 1, effective June 9, 1998.
6. Other Actions Not Precluded. - Nothing in this section shall be construed to restrict or postpone the following actions:
   1. The dismissal of a principal under G.S. 115C-325.12 .
   2. The dismissal of a teacher, assistant principal, director, or supervisor under G.S. 115C-325(q)(2) or G.S. 115C-325.13 .
   3. The dismissal or demotion of an employee for any of the grounds listed under G.S. 115C-325(e) or G.S. 115C-325.4 .
   4. The nonrenewal of a school administrator's or teacher's contract of employment.
   5. Repealed by Session Laws 2013-360, s. 9.7(c), effective July 1, 2014.
7. Repealed by Session Laws 1998-5, s. 1, effective June 9, 1998.

(1997-221, s. 3(a); 1998-5, s. 1; 2013-360, s. 9.7(c), (o); 2017-157, s. 2(n).)

Editor's Note. - Session Laws 2017-157, s. 2(n), repealed Session Laws 2013-360, s. 9.7(o), effective July 21, 2017. Session Laws 2013-360, s. 9.7(o) amended subsections (d) and (f) of this section, effective June 30, 2018, by deleting "G.S. 115C-325(q)(2a) or" in subsection (d); deleting "G.S. 115C-325(q)(2) or" in subdivision (f)(2); and deleting "G.S. 115C-325(c) or" in subdivision (f)(3).

Effect of Amendments. - Session Laws 2013-360, s. 9.7(c), effective July 1, 2014, in subsection (d), substituted "licensed" for "certified" twice and added "or G.S. 115C-325.13 " at the end; in subdivision (f)(1), substituted "G.S. 115C-325.12" for "G.S. 115C-325(q)(1)"; in subdivision (f)(2), added "or G.S. 115C-325.13 " at the end; in subdivision (f)(3), substituted "an employee" for "a career employee" and added "or G.S. 115C-325.4 "; deleted "probationary" preceding "teacher's" in subdivision (f)(4); deleted subdivision (f)(5), which read "The decision to grant career status"; and made stylistic changes.

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).

§ 115C-105.39. Dismissal or removal of personnel; appointment of interim superintendent.

1. Within 30 days of the initial identification of a school as low-performing by the State Board under G.S. 115C-105.37(a) , the superintendent shall take one of the following actions concerning the school's principal: (i) recommend to the local board that the principal be retained in the same position, (ii) recommend to the local board that the principal be retained in the same position and a plan of remediation should be developed, (iii) recommend to the local board that the principal be transferred, or (iv) proceed under G.S. 115C-325.4 to dismiss or demote the principal. The superintendent may only recommend a principal be retained in the same position without a plan for remediation if the principal has been at the school for less than two years or, in the case of a principal having been at the school for two years or more, if the school has both met student growth and has improved student achievement scores under G.S. 115C-83.15 for the prior school year. The principal shall not be transferred to another principal position unless (i) it is in a school classification in which the principal previously demonstrated at least 2 years of success, (ii) there is a plan to evaluate and provide remediation to the principal for at least one year following the transfer to assure the principal does not impede student performance at the school to which the principal is being transferred; and (iii) the parents of the students at the school to which the principal is being transferred are notified. The principal shall not be transferred to another low-performing school in the local school administrative unit. If the superintendent intends to recommend demotion or dismissal, the superintendent shall notify the local board. Within 15 days of (i) receiving notification that the superintendent intends to proceed under G.S. 115C-325.4 or (ii) its decision concerning the superintendent's recommendation, but no later than September 30, the local board shall submit to the State Board a written notice of the action taken and the basis for that action. If the State Board does not assign an assistance team to that school or if the State Board assigns an assistance team to that school and the superintendent proceeds under G.S. 115C-325.4 to dismiss or demote the principal, then the State Board shall take no further action. If the State Board assigns an assistance team to the school and the superintendent is not proceeding under G.S. 115C-325.4 to dismiss or demote the principal, then the State Board shall vote to accept, reject, or modify the local board's recommendations. The State Board shall notify the local board of its action within five days. If the State Board rejects or modifies the local board's recommendations and does not recommend dismissal of the principal, the State Board's notification shall include recommended action concerning the principal's assignment or terms of employment. Upon receipt of the State Board's notification, the local board shall implement the State Board's recommended action concerning the principal's assignment or terms of employment unless the local board asks the State Board to reconsider that recommendation. The State Board shall provide an opportunity for the local board to be heard before the State Board acts on the local board's request for a reconsideration. The State Board shall vote to affirm or modify its original recommended action and shall notify the local board of its action within five days. Upon receipt of the State Board's notification, the local board shall implement the State Board's final recommended action concerning the principal's assignment or terms of employment. If the State Board rejects or modifies the local board's action and recommends dismissal of the principal, the State Board shall proceed under G.S. 115C-325.12 .
2. The State Board shall proceed under G.S. 115C-325(q)(2) or G.S. 115C-325.13 for the dismissal of teachers, assistant principals, directors, and supervisors assigned to a school identified as low-performing in accordance with G.S. 115C-325(q)(2) or G.S. 115C-325.13 .
3. The State Board may appoint an interim superintendent in a local school administrative unit:
   1. Upon the identification of more than half the schools in that unit as low-performing under G.S. 115C-105.37 ; or
   2. Upon the recommendation from an assistance team assigned to a school located in that unit that has been identified as low-performing under G.S. 115C-105.37 . This recommendation shall be based upon a finding that the superintendent has failed to cooperate with the assistance team or has otherwise hindered that school's ability to improve.

      The State Board may assign any of the powers and duties of the local superintendent and the local finance officer to the interim superintendent that the Board considers are necessary or appropriate to improve student performance in the local school administrative unit. The interim superintendent shall perform all of these assigned powers and duties. The State Board of Education may terminate the contract of any local superintendent entered into on or after July 1, 1996, when it appoints an interim superintendent. The Administrative Procedure Act shall apply to that decision. Neither party to that contract is entitled to damages.

4. In the event the State Board has appointed an interim superintendent and the State Board determines that the local board of education has failed to cooperate with the interim superintendent or has otherwise hindered the ability to improve student performance in that local school administrative unit or in a school in that unit, the State Board may suspend any of the powers and duties of the local board of education that the State Board considers are necessary or appropriate to improve student performance in the local school administrative unit. The State Board shall perform all of these assigned powers and duties for a period of time to be specified by the State Board.
5. If the State Board suspends any of the powers and duties of the local board of education under subsection (d) of this section and subsequently determines it is necessary to change the governance of the local school administrative unit in order to improve student performance, the State Board may recommend this change to the General Assembly, which shall consider, at its next session, the future governance of the identified local school administrative unit.

(1995 (Reg. Sess., 1996), c. 716, s. 3; 1998-59, s. 2; 2013-360, s. 9.7(d), (p); 2016-94, s. 8.31(a); 2017-157, s. 2(n).)

Editor's Note. - The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 3, having been 115C-105.32.

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. 2.5(c), provides: "Low-Performing Local School Administrative Units. - Notwithstanding G.S. 115C-105.39 A, for the 2020-2021 school year, the following applies:

"(1) The State Board shall not identify additional low-performing local school administrative units based on data from the 2019-2020 school year.

"(2) Local school administrative units previously identified as low-performing based on data from the 2018-2019 school year shall continue to be identified as low-performing.

"(3) Previously identified low-performing local school administrative units shall continue to carry out the final plan approved by the local board of education pursuant to G.S. 115C-105.39 A(b).

"(4) The State Board and the local board of education shall continue to provide online access to each low-performing local school administrative unit's plan in accordance with G.S. 115C-105.39 A(b)(5).

"(5) The written parental notice required by G.S. 115C-105.39 A(c) is not required to be provided again, but the local board of education shall include with its online final plan a brief explanation that low-performing identification continues pending assessment data from the 2020-2021 school year.

"(6) The provisions of G.S. 115C-105.39(c) through (e) shall not apply."

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

Session Laws 2021-130, s. 2.3, provides: "Low-Performing Local School Administrative Units. - Notwithstanding G.S. 115C-105.39 A, for the 2021-2022 school year, the following apply:

"(1) The State Board shall not identify additional low-performing local school administrative units based on data from the 2020-2021 school year.

"(2) Local school administrative units previously identified as low-performing based on data from the 2018-2019 school year shall continue to be identified as low-performing.

"(3) Previously identified low-performing local school administrative units shall continue to carry out the final plan approved by the local board of education pursuant to G.S. 115C-105.39 A(b).

"(4) The State Board and the local board of education shall continue to provide online access to each low-performing local school administrative unit's plan in accordance with G.S. 115C-105.39 A(b)(5).

"(5) The written parental notice required by G.S. 115C-105.39 A(c) is not required to be provided again, but the local board of education shall include with its online final plan a brief explanation that low-performing identification continues pending assessment data from the 2021-2022 school year.

"(6) The provisions of G.S. 115C-105.39(c) through (e) shall not apply."

Effect of Amendments. - Session Laws 2013-360, s. 9.7(d), effective July 1, 2014, in subsection (a), substituted "G.S. 115C-325.4" for "G.S. 115C-325" throughout, and "G.S. 115C-325.12" for "G.S. 115C-325(q)(1)" at the end; and added "or G.S. 115C-325.13 " twice in subsection (b).

Session Laws 2016-94, s. 8.31(a), effective July 1, 2016, in subsection (a), deleted "whether by the local school administrative unit under G.S. 115C-105.37(a1) or" following "low-performing" in the first sentence and rewrote the second sentence, which read "The principal may be retained in the same position without a plan for remediation only if the principal was in that position for no more than two years before the school is identified as low-performing." See editor's note for applicability.

§ 115C-105.39A. Identification of low-performing local school administrative units.

1. Identification of Low-Performing Local School Administrative Units. - The State Board of Education shall identify low-performing local school administrative units on an annual basis. A low-performing local school administrative unit is a unit in which the majority of the schools in that unit that earned an overall school performance grade and school growth score as provided in G.S. 115C-83.15 have been identified as low-performing schools, as provided in G.S. 115C-105.37 .
2. Plan for Improvement of Low-Performing Local School Administrative Units. - Once a local school administrative unit has been identified as low-performing under this section, the following actions shall be taken:
   1. The superintendent shall proceed under G.S. 115C-105.39 .
   2. Within 30 days of the identification of a local school administrative unit as low-performing by the State Board, the superintendent shall submit to the local board of education a preliminary plan for improving both the school performance grade and school growth score of each low-performing school in the unit, including how the superintendent and other central office administrators will work with each low-performing school and monitor the low-performing school's progress and how current local school administrative unit policy should be changed to improve student achievement throughout the local school administrative unit. The plan shall also include specific strategies to improve early childhood learning along with measurable goals.
   3. Within 30 days of its receipt of the preliminary plan, the local board shall vote to approve, modify, or reject this plan. Before the local board votes on the plan, it shall make the plan available to the public, including the personnel assigned to each low-performing school and the parents and guardians of the students who are assigned to each low-performing school, and shall allow for written comments.
   4. The local board shall submit a final plan to the State Board within five days of the local board's approval of the plan. The State Board shall review the plan expeditiously and, if appropriate, may offer recommendations to modify the plan. The local board shall consider any recommendations made by the State Board and, if necessary, amend the plan and vote on approval of any changes to the final plan.
   5. The local board of education shall provide access to the final plan on the local school administrative unit's Web site. The State Board of Education shall also provide access to each low-performing local school administrative unit plan on the Department of Public Instruction's Web site.
3. Parental Notice of Low-Performing Local School Administrative Unit Status. - Each local school administrative unit that the State Board identifies as low-performing shall provide written notification to the parents and guardians of all students attending any school in the local school administrative unit within 30 days of the identification that includes the following information:
   1. A statement that the State Board of Education has found that a majority of the schools in the local school administrative unit have earned an overall school performance grade of D or F and a school growth score of "met expected growth" or "not met expected growth" and have been identified as low-performing schools as defined by G.S. 115C-105.37 . The statement shall also include an explanation of the school performance grades and school growth scores.
   2. The percentage of schools identified as low-performing.
   3. Information about the preliminary plan developed under subsection (b) of this section and the availability of the final plan on the local school administrative unit's Web site.
   4. The meeting date for when the preliminary plan will be considered by the local board of education.
   5. A description of any additional steps the local school administrative unit and schools are taking to improve student performance.
   6. For notifications sent to parents and guardians of students attending a school that is identified as low-performing under G.S. 115C-105.37 , a statement that the State Board of Education has found that the school has earned an overall school performance grade of D or F and a school growth score of "met expected growth" or "not met expected growth" and has been identified as a low-performing school as defined by G.S. 115C-105.37. This notification also shall include the overall school performance grade and school growth score the school earned and an explanation of the school performance grades and school growth scores.

(2015-241, s. 8A.4(c); 2017-57, s. 7.26(g); 2020-55, s. 1.)

Editor's Note. - 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. 2.5(c), provides: "Low-Performing Local School Administrative Units. - Notwithstanding G.S. 115C-105.39 A, for the 2020-2021 school year, the following applies:

"(1) The State Board shall not identify additional low-performing local school administrative units based on data from the 2019-2020 school year.

"(2) Local school administrative units previously identified as low-performing based on data from the 2018-2019 school year shall continue to be identified as low-performing.

"(3) Previously identified low-performing local school administrative units shall continue to carry out the final plan approved by the local board of education pursuant to G.S. 115C-105.39 A(b).

"(4) The State Board and the local board of education shall continue to provide online access to each low-performing local school administrative unit's plan in accordance with G.S. 115C-105.39 A(b)(5).

"(5) The written parental notice required by G.S. 115C-105.39 A(c) is not required to be provided again, but the local board of education shall include with its online final plan a brief explanation that low-performing identification continues pending assessment data from the 2020-2021 school year.

"(6) The provisions of G.S. 115C-105.39(c) through (e) shall not apply."

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

Session Laws 2020-55, s. 2, provides: "When providing intensive support for low-performing local school administrative units through Regional Support Teams, the Department of Public Instruction shall ensure that the comprehensive needs assessment tool includes an examination of early childhood learning. The assessment shall examine, at a minimum, the following for preschool through third grade:

"(1) Training levels of early childhood teachers and support staff.

"(2) The ratio of students to teachers.

"(3) Alignment of preschool curricula to curricula for kindergarten through third grade.

"(4) Kindergarten transition supports, including collaboration with preschool educators.

"(5) Kindergarten preparedness."

Session Laws 2020-55, s. 3, made the amendment to this section by Session Laws 2020-55, s. 1, effective June 30, 2020, and applicable beginning with plans of improvement and comprehensive needs assessments for local school administrative units identified as low-performing based on data from the 2020-2021 school year.

Session Laws 2021-130, s. 2.3, provides: "Low-Performing Local School Administrative Units. - Notwithstanding G.S. 115C-105.39 A, for the 2021-2022 school year, the following apply:

"(1) The State Board shall not identify additional low-performing local school administrative units based on data from the 2020-2021 school year.

"(2) Local school administrative units previously identified as low-performing based on data from the 2018-2019 school year shall continue to be identified as low-performing.

"(3) Previously identified low-performing local school administrative units shall continue to carry out the final plan approved by the local board of education pursuant to G.S. 115C-105.39 A(b).

"(4) The State Board and the local board of education shall continue to provide online access to each low-performing local school administrative unit's plan in accordance with G.S. 115C-105.39 A(b)(5).

"(5) The written parental notice required by G.S. 115C-105.39 A(c) is not required to be provided again, but the local board of education shall include with its online final plan a brief explanation that low-performing identification continues pending assessment data from the 2021-2022 school year.

"(6) The provisions of G.S. 115C-105.39(c) through (e) shall not apply."

Effect of Amendments. - Session Laws 2017-57, s. 7.26(g), effective July 1, 2017, substituted "earned an overall" for "received a" in subsection (a) and subdivision (c)(1); in subdivision (c)(6) substituted "earned an overall" for "received a" in the first sentence, and inserted "overall" and substituted "earned" for "received" in the last sentence. For applicability, see editor's note.

Session Laws 2020-55, s. 1, added the last sentence in subdivision (b)(2). For effective date and applicability, see editor's note.

§ 115C-105.40. Student academic performance standards.

The State Board of Education shall develop a plan to create rigorous student academic performance standards for kindergarten through eighth grade and student academic performance standards for courses in grades 9-12. The performance standards shall align, whenever possible, with the student academic performance standards developed for the National Assessment of Educational Progress (NAEP). The plan also shall include clear and understandable methods of reporting individual student academic performance to parents.

(1997-221, s. 3(e).)

Editor's Note. - Session Laws 1997-221, s. 3(e) was codified as this section at the direction of the Revisor of Statutes.

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."

Legal Periodicals. - For North Carolina's approach to educational reform and the use of charter schools, see 79 N.C.L. Rev. 493 (2001).

§ 115C-105.41. Students who have been placed at risk of academic failure and transition plans.

1. In order to implement Part 1A of Article 8 of this Chapter, local school administrative units shall identify students who are at risk for academic failure and who are not successfully progressing toward grade promotion and graduation, beginning in kindergarten. Identification shall occur as early as can reasonably be done and can be based on grades, observations, diagnostic and formative assessments, State assessments, and other factors, including reading on grade level, that impact student performance that teachers and administrators consider appropriate, without having to await the results of end-of-grade or end-of-course tests.
2. Local boards of education shall adopt policies that direct school improvement teams to develop plans to include successful transition between elementary and middle school years and between the middle school and high school years for students at risk, as defined by the State Board of Education.

(2001-424, s. 28.17(e); 2009-542, s. 1; 2010-162, s. 1; 2011-145, s. 7.13(ee); 2011-391, s. 14(a); 2012-77, s. 4; 2012-142, s. 7A.1(d); 2013-226, s. 2; 2015-46, s. 1.)

Fairness in Testing Program. - Session Laws 2001-424, s. 28.17(a), provides: "The State Board of Education shall provide the Joint Legislative Education Oversight Committee with a detailed analysis of the current resources allocated to meet the needs of all students subject to the Statewide Student Accountability Standards, and in addition, shall submit recommendations regarding other resources that would best assist students in meeting these new standards."

Session Laws 2001-424, s. 28.17(g), provides: "Schools shall devote no more than two days of instructional time per year to the taking of practice tests that do not have the primary purpose of assessing current student learning."

Session Laws 2001-424, s. 28.17(h), as amended by 2001-487, s. 116, provides: "Students in a local school shall not be subject to field tests or national tests during the two-week period preceding the administration of the end-of-grade tests, end-of-course tests, or the school's regularly scheduled final exams. No school shall participate in more than two field tests at any one grade level during a school year unless:

"(1) That school volunteers, through a vote of its school improvement team, to participate in an expanded number of field tests; or

"(2) The State Board of Education makes written findings, based on information provided by the Department of Public Instruction, that an additional field test must be administered at that school to ensure the reliability and validity of a specific test."

Session Laws 2001-424, s. 28.17(j), provides: "The State Board of Education shall develop and report to the Joint Legislative Education Oversight Committee on its objectives for the Statewide Testing Program and on the implementation of that Program. The report shall include:

"(1) A statement of the relationship between these objectives and the tests currently administered under the Program;

"(2) An analysis of whether the current tests appropriately achieve these objectives;

"(3) A statement of any actions that may be needed to coordinate the objectives and the tests more effectively; and

"(4) Strategies for communicating the objectives of the Program, the tests administered under the Program, and the relationship between these objectives and tests to principals, teachers, parents, and students throughout the State."

Editor's Note. - Session Laws 2001-424, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2001'."

Session Laws 2001-424, s. 36.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2001-2003 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2001-2003 fiscal biennium."

Session Laws 2001-424, s. 36.5, is a severability clause.

Effect of Amendments. - Session Laws 2009-542, s. 1, effective August 28, 2009, and applicable beginning with the 2009-2010 school year, in the first paragraph, substituted "who are" for "who have been placed" in the first sentence, and, in the third sentence, substituted "No later than the end of the first quarter, or after a teacher has had up to nine weeks of instructional time with a student," for "At the beginning of the school year," substituted "developed or updated for any student at risk of academic failure who is not performing" for "developed for any student not performing," and added "and other factors noted above" at the end; added the first sentence in the second paragraph; and added the last paragraph.

Session Laws 2010-162, s. 1, effective July 23, 2010, in the first paragraph, in the first sentence, inserted "and who are not successfully progressing toward grade promotion and graduation, beginning no later than the fourth grade," and in the second sentence, inserted "including reading on grade level"; and added the third paragraph.

Session Laws 2012-77, s. 4, effective June 26, 2012, in the section catchline, added "transition teams and transition plans"; designated the existing provisions as subsection (a); added the third sentence in the second paragraph of subsection (a); and added subsection (b).

Session Laws 2012-142, s. 7A.1(d), effective July 2, 2012, rewrote the first sentence, in the second sentence inserted "diagnostic and formative assessments", in the fourth sentence substituted "instructional supports and services, reading interventions," for "intervention" and substituted "evidence-based" for "research-based best" in the first paragraph. For applicability, see editor's note.

Session Laws 2013-226, s. 2, effective July 3, 2013, deleted the former third paragraph of subsection (a), which read "Local school administrative units shall certify that they have complied with this section annually to the State Board Education. The State Board of Education shall periodically review data on the progress of identified students and report to the Joint Legislative Education Oversight Committee." For applicability, see Editor's note.

Session Laws 2015-46, s. 1, effective June 2, 2015, deleted "personal education plans; transition teams" preceding "and transition plans" in the section heading; in subsection (a), deleted sentences three through six in the first paragraph and the last two paragraphs, relating to personal education plans; and rewrote subsection (b). For applicability, see editor's note.

Legal Periodicals. - 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-105.42 through 115C-105.44: Reserved for future codification purposes.

§ 115C-105.45. Legislative findings.

The General Assembly finds that all schools should be safe, secure, and orderly. If students are to aim for academic excellence, it is imperative that there is a climate of respect in every school and that every school is free of disruption, drugs, violence, and weapons. All schools must have plans, policies, and procedures for dealing with disorderly and disruptive behavior.

All schools and school units must have effective measures for assisting students who are at risk of academic failure or of engaging in disruptive and disorderly behavior.

(1997-443, s. 8.29(r)(1).)

Editor's Note. - Session Laws 2005-276, ss. 7.61(a) and (b), as amended by Session Laws 2010-31, s. 7.22(d), and as amended by Session Laws 2011-145, s. 7.13(dd), provides: "(a) Funds appropriated for the At-Risk/Alternative Schools allotment and the Improving Student Accountability allotment shall be used consistent with the policies and procedures adopted by the State Board of Education. Priority for use of the funds shall be to (i) provide instructional positions or instructional support positions and/or professional development; (ii) provide intensive in-school and/or after-school remediation; and (iii) purchase diagnostic software and progress monitoring tools.

"(b) Repealed by Session Laws 2011-145, s. 7.13(dd), effective July 1, 2011."

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

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

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

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

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

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

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

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

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

Session Laws 2013-360, s. 8.39(a)-(d), provides: "(a) Beginning with the 2013-2014 school year, each local school administrative unit that currently maintains schematic diagrams of its school facilities shall provide those schematic diagrams to local law enforcement agencies. The local school administrative unit shall provide updates of the schematic diagram to local law enforcement agencies when substantial modifications such as new facilities or modifications to doors and windows are made to school facilities. The local school administrative unit shall also provide keys to the main entrance of all school facilities to local law enforcement agencies.

"(b) Each local school administrative unit that does not currently maintain schematic diagrams of its school facilities as of the effective date of this act shall report to the Department of Public Instruction by March 1, 2014, on whether it intends to prepare schematic diagrams of its school facilities to provide to local law enforcement agencies and if any obstacles exist in preparing such schematic diagrams. Local school administrative units are encouraged to prepare schematic diagrams and provide keys to the main entrance of all school facilities to local law enforcement agencies prior to the beginning of the 2014-2015 school year.

"(c) The Department of Public Instruction, in consultation with the Department of Public Safety, may develop standards and guidelines to assist local school administrative units in developing and providing schematic diagrams to local law enforcement agencies.

"(d) Schematic diagrams are not considered 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 ."

§ 115C-105.46. State Board of Education responsibilities.

In order to implement this Article, the State Board of Education:

1. through (4) Repealed by Session Laws 2011-145, s. 7.13(y), effective July 1, 2011.

   (5) Shall adopt policies that define who is an at-risk student.

(1997-443, s. 8.29(r)(1); 1999-397, s. 2; 2000-140, s. 22; 2011-145, s. 7.13(y).)

Effect of Amendments. - Session Laws 2011-145, s. 7.13(y), effective July 1, 2011, deleted subdivisions (1) through (4), which pertained to adopting guidelines, providing ongoing technical assistance, withholding of salary of an administrator or other employee, and revocation of certificate of superintendent, respectively.

§ 115C-105.47: Repealed by Session Laws 2011-145, s. 7.13(z), effective July 1, 2011.

(1997-443, s. 8.29(r)(1); 1999-397, s. 2; 2005-205, s. 4; 2011-145, s. 7.13(p); 2011-391, s. 14(b); repealed by 2011-145, s. 7.13(z), effective July 1, 2011.)

Cross References. - As to dissemination of criminal intelligence information, see G.S. 14-50.27 A.

Editor's Note. - Former G.S. 115C-105.47 pertained to local safe school plans.

Session Laws 2011-391, s. 14(b), repealed Session Laws 2011-145, s. 7.13(p), which would have amended this section, effective July 1, 2011, by deleting subdivision (b)(13).

§ 115C-105.47A. Proposals to establish alternative learning programs or alternative schools.

1. Before establishing any alternative learning program or alternative school, the local board of education shall develop a proposal to implement the program or school that includes all of the following:
   1. The educational and behavioral goals for students assigned to the program or school.
   2. The policies and procedures for the operation of the program or school based on the State Board's standards adopted under G.S. 115C-12(24). The policies and procedures shall address the assignment of students to the program or school.
   3. Identified strategies that will be used to improve student achievement and behavior.
   4. Documentation that similar programs and schools in or out of the State, or both, have demonstrated success in improving the academic achievement and behavior of students assigned to them.
   5. The estimated actual cost of operating the program or school. To the extent practicable, this shall include the cost of:
      1. Staffing the program or school with teachers who have at least four years' teaching experience and who have received an overall rating of at least above standard on a formal evaluation and are certified in the areas and grade levels being taught;
      2. Providing optimum learning environments, resources and materials, and high quality, ongoing professional development that will ensure students who are placed in the program or school are provided enhanced educational opportunities in order to achieve their full potential;
      3. Providing support personnel, including school counselors, psychiatrists, clinical psychologists, social workers, nurses, and other professionals to help students and their families work out complex issues and problems;
      4. Maintaining safe and orderly learning environments; and
      5. Providing transitional supports for students exiting the program or school and reentering the referring school.
   6. Documented support of school personnel and the community for the implementation of the program or school.
2. After the local board completes the proposal under subsection (a) of this section, the board shall submit the proposal to the State Board of Education for its review. The State Board shall review the proposal expeditiously and, if appropriate, may offer recommendations to modify the proposal. The local board shall consider any recommendations made by the State Board before implementing the alternative learning program or alternative school.

(2005-446, s. 2.)

Editor's Note. - Session Laws 2005-446, s. 6, made this section effective September 29, 2005, and applicable to any new alternative learning program or alternative school to be implemented beginning with the 2006-2007 school year.

Session Laws 2005-446, s. 4, provides: "Before implementing success centers or any other alternative learning program or alternative school in New Hanover County, the New Hanover Board of Education shall comply with G.S. 115C-105.47 A established in Section 2 of this act. The State Board of Education shall submit to the Joint Legislative Education Oversight Committee a copy of the proposal submitted by the New Hanover Board of Education and a copy of any recommendations made by the State Board."

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."

§ 115C-105.48. Placement of students in alternative schools/alternative learning programs.

1. Prior to referring a student to an alternative school or an alternative learning program, the referring school shall:
   1. Document the procedures that were used to identify the student as being at risk of academic failure or as being disruptive or disorderly.
   2. Provide the reasons for referring the student to an alternative school or an alternative learning program.
   3. Provide to the alternative school or alternative learning program all relevant student records, including anecdotal information.
2. When a student is placed in an alternative school or an alternative learning program, the appropriate staff of the alternative school or alternative learning program shall meet to review the records forwarded by the referring school and to determine what support services and intervention strategies are recommended for the student. The parents shall be encouraged to provide input regarding the students' needs.

(1999-397, s. 2.)

§ 115C-105.49. School safety exercises.

1. At least once annually, each local school administrative unit shall require each school under its control to hold a full school-wide tabletop exercise and drill based on the procedures documented in its School Risk Management Plan (SRMP). The drill shall include a practice school lockdown due to an intruder on school grounds. Each school is encouraged to hold a tabletop exercise and drill for multiple hazards included in its SRMP. Schools are strongly encouraged to include local law enforcement agencies and emergency management agencies in their tabletop exercises and drills. The purpose of the tabletop exercises and drills shall be to permit participants to (i) discuss simulated emergency situations in a low-stress environment, (ii) clarify their roles and responsibilities and the overall logistics of dealing with an emergency, and (iii) identify areas in which the SRMP needs to be modified.
2. For the purposes of this section, a tabletop exercise is an exercise involving key personnel conducting simulated scenarios related to emergency planning.
3. For the purposes of this section, a drill is a school-wide practice exercise in which simulated scenarios related to emergency planning are conducted.
4. The Department of Public Safety, Division of Emergency Management, and the Center for Safer Schools shall provide guidance and recommendations to local school administrative units on the types of multiple hazards to plan and respond to, including intruders on school grounds.

(2013-360, s. 8.38; 2015-241, s. 8.26(b).)

Effect of Amendments. - Session Laws 2015-241, s. 8.26(b), effective July 1, 2015, rewrote subsections (a) and (b), and added subsections (c) and (d). For applicability, see editor's note.

§ 115C-105.49A. School Risk and Response Management System.

1. The Department of Public Safety, Division of Emergency Management, and the Center for Safer Schools shall construct and maintain a statewide School Risk and Response Management System (SRRMS). The system shall fully integrate and leverage existing data and applications that support school risk planning, exercises, monitoring, and emergency response via 911 dispatch.
2. In constructing the SRRMS, the Division of Emergency Management and the Center for Safer Schools, in collaboration with the Department of Public Instruction, Division of School Operations, shall leverage the existing enterprise risk management database, the School Risk Management Planning tool managed by the Division of Emergency Management. The Division of Emergency Management shall also leverage the local school administrative unit schematic diagrams of school facilities. Where technically feasible, the SRRMS shall integrate any anonymous tip lines established pursuant to G.S. 115C-105.51 and any 911-initiated panic alarm systems authorized as part of a SRMP pursuant to G.S. 115C-47(40) . The Division of Emergency Management and the Center for Safer Schools shall collaborate with the Department of Public Instruction, Division of School Operations, and the North Carolina 911 Board in the design, implementation, and maintenance of the SRRMS.
3. All data and information acquired and stored in the SRRMS as provided in subsections (a) and (b) of this section are not considered public records 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 .

(2015-241, s. 8.26(c); 2018-97, s. 2.4(b).)

Effect of Amendments. - Session Laws 2018-97, s. 2.4(b), effective July 1, 2018, in subsection (b), inserted "in collaboration with the Department of Public Instruction, Division of School Operations" in the first sentence, inserted "of Emergency Management" following "Division" in the first through third sentences, and inserted "Division of School Operations" in the third sentence.

§ 115C-105.50: Reserved for future codification purposes.

1. The governing body of each public secondary school shall develop and operate an anonymous tip line, in coordination with local law enforcement and social services agencies, to receive anonymous information on internal or external risks to the school population, school buildings, and school-related activities. The Department of Public Instruction, in consultation with the Department of Public Safety, may develop standards and guidelines for the development, operation, and staffing of tip lines. The governing body of each public secondary school may use the anonymous safety tip line application developed pursuant to subsection (b) of this section, or another application that meets standards and guidelines developed by the Department of Public Instruction, to achieve the purposes of this subsection.
2. The Department of Public Instruction and the Center for Safer Schools, in collaboration with the Department of Public Safety, Division of Emergency Management, shall implement and maintain an anonymous safety tip line application available statewide for purposes of receiving anonymous student information on internal or external risks to the school population, school buildings, and school-related activities. Public secondary schools shall inform students about the application and provide opportunities for students to learn about its purpose and function. The governing body of each public secondary school shall work with the Department of Public Instruction, Division of School Operations, and the Center for Safer Schools to ensure that employees of the public secondary schools receive adequate training in its operation.
3. The Department of Public Safety, Division of Emergency Management, and the North Carolina 911 Board, in collaboration with the Department of Public Instruction, Division of School Operations, and the Center for Safer Schools, shall implement and maintain a statewide panic alarm system for the purposes of launching real-time 911 messaging to public safety answering points of internal and external risks to the school population, school buildings, and school-related activities. The Department of Public Safety, in consultation with the Department of Public Instruction and the North Carolina 911 Board, may develop standards and guidelines for the operations and use of the panic alarm tool.
4. The Department of Public Instruction and the Department of Public Safety shall ensure that the anonymous safety tip line application is integrated with and supports the statewide School Risk and Response Management System (SRRMS) as provided in G.S. 115C-105.49 A. Where technically feasible and cost efficient, the Department of Public Instruction and the Department of Public Safety are encouraged to implement a single solution supporting both the anonymous safety tip line application and panic alarm system.
5. All data and information acquired and stored by the anonymous safety tip line application are not considered public records 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 .
6. Notwithstanding subsection (e) of this section, the Department of Public Instruction, Division of School Operations, may collect the annual aggregate number and type of tips sent to the anonymous tip line. The collection of this aggregate data shall not have any identifying information on the reporter of the tip, including, but not limited to, the school where the incident was reported and the date the tip was reported.
7. For the purposes of this section, a "public secondary school" is any of the following types of public school serving grades six or higher:
   1. A school under the control of a local school administrative unit.
   2. A school under the control of the State Board of Education, including schools operated under Article 7A and Article 9C of this Chapter.
   3. A school under the control of The University of North Carolina.
   4. A charter school.
   5. A regional school.

(2013-360, s. 8.40; 2015-241, s. 8.26(d); 2017-102, s. 41.5; 2018-5, s. 7.26(a).)

Editor's Note. - Session Laws 2018-5, s. 7.26(f), (g), provides: "(f) Of the funds appropriated to the Department of Public Instruction by this act for the 2018-2019 fiscal year, the sum of up to five million dollars ($5,000,000) in nonrecurring funds shall be used to support the anonymous safety tip line application implemented by the Department of Public Instruction, Division of School Operations, and the Center for Safer Schools pursuant to G.S. 115C-105.51 .

"(g) By July 1, 2019, the Department of Public Instruction shall implement a statewide anonymous safety tip line application available to all schools serving grades six or higher in local school administrative units, charter schools, regional schools, and schools under the control of the State Board of Education or The University of North Carolina, as required under G.S. 115C-105.51 ."

Session Laws 2018-5, s. 7.26(h), made the amendment of this section by Session Laws 2018-5, s. 7.26(a), 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.

Effect of Amendments. - Session Laws 2015-241, s. 8.26(d), effective July 1, 2015, in subsection (a), in the first sentence, inserted "the school population," near the middle and made a minor punctuation change, and added the second sentence; rewrote subsections (b) and (c); and added subsections (d) through (f). For applicability, see editor's note.

Session Laws 2017-102, s. 41.5, effective July 12, 2017, in subsection (a), substituted "Department of Public Instruction" for "Department of Public Safety" and "Department of Public Safety" for "Department of Public Instruction" in the second sentence; in subsection (b) substituted "Department of Public Instruction" for "Department of Public Safety, Division of Emergency Management" and "Department of Public Safety, Division of Emergency Management," for "Department of Public Instruction."

Session Laws 2018-5, s. 7.26(a), in subsection (a), in the first sentence, substituted "The governing body of each public secondary school shall" for "Each local school administrative unit is encouraged to" and added the last sentence; in subsection (b), inserted "available statewide" in the first sentence and added the last two sentences; in the first sentence of subsection (c), deleted "and the Center for Safer Schools, in collaboration with the Department of Public Instruction" preceding "and the North Carolina" and inserted "in collaboration with the Department of Public Instruction, Division of School Operations, and the Center for Safer Schools"; in subsection (d), in the first sentence, substituted "The Department of Public Instruction and the Department of Public Safety" for "The Department of Public Safety," and in the second sentence, substituted "Department of Public Instruction and the Department of Public Safety are encouraged" for "Department of Public Safety is encouraged"; in subsection (f), in the first sentence, substituted "the Department of Public Instruction, Division of School Operations" for "the Division"; and added subsection (g). For effective date and applicability, see editor's note.

§ 115C-105.52. School crisis kits.

The Center for Safer Schools, in consultation with the Department of Public Safety and the Department of Public Instruction, Division of School Operations, may develop and adopt policies on the placement of school crisis kits in schools and on the contents of those kits. The kits should include, at a minimum, basic first-aid supplies, communications devices, and other items recommended by the International Association of Chiefs of Police.

The principal of each school, in coordination with the law enforcement agencies that are part of the local board of education's School Risk Management Plan, may place one or more crisis kits at appropriate locations in the school.

(2013-360, s. 8.42; 2015-241, s. 8.26(e); 2018-97, s. 2.4(c).)

Effect of Amendments. - Session Laws 2015-241, s. 8.26(e), effective July 1, 2015, substituted "School Risk Management Plan" for "emergency response plan" in the second paragraph. For applicability, see editor's note.

Session Laws 2018-97, s. 2.4(c), effective July 1, 2018, substituted "The Center for Safer Schools, in consultation with the Department of Public Safety and the Department of Public Instruction, Division of School Operations" for "The Department of Public Instruction, in consultation with the Department of Public Safety through the North Carolina Center for Safer Schools" in the first sentence.

§ 115C-105.53. Schematic diagrams and emergency access to school buildings for local law enforcement agencies.

1. Each local school administrative unit shall provide the following to local law enforcement agencies: (i) schematic diagrams, including digital schematic diagrams, and (ii) either keys to the main entrance of all school buildings or emergency access to key storage devices such as KNOX® boxes for all school buildings. Local school administrative units shall provide updates of the schematic diagrams to local law enforcement agencies when substantial modifications such as new facilities or modifications to doors and windows are made to school buildings. Local school administrative units shall also be responsible for providing local law enforcement agencies with updated access to school buildings when changes are made to the locks of the main entrances or to key storage devices such as KNOX® boxes.
2. The Department of Public Instruction, in consultation with the Department of Public Safety, shall develop standards and guidelines for the preparation and content of schematic diagrams and necessary updates. Local school administrative units may use these standards and guidelines to assist in the preparation of their schematic diagrams.
3. Schematic diagrams are not considered 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 .

(2014-100, s. 8.20(b); 2015-241, s. 8.26(f).)

Effect of Amendments. - Session Laws 2015-241, s. 8.26(f), effective July 1, 2015, in subsection (a), inserted "either keys to the main entrance of all school buildings or" in the first sentence, and substituted "buildings when changes are made to the locks of the main entrances or to key storage devices such as KNOX® boxes" for "building key storage devices such as KNOX® boxes when changes are made to these boxes or devices" at the end of the last sentence. For applicability, see editor's note.

§ 115C-105.54. Schematic diagrams and emergency response information provided to Division of Emergency Management.

1. Each local school administrative unit shall provide the following to the Division of Emergency Management (Division) at the Department of Public Safety: (i) schematic diagrams, including digital schematic diagrams, and (ii) emergency response information requested by the Division for the School Risk Management Plan (SRMP). Local school administrative units shall also provide updated schematic diagrams and emergency response information to the Division when such updates are made. The Division shall ensure that the diagrams and emergency response information are securely stored and distributed as provided in the SRMP to first responders, emergency personnel, and school personnel and approved by the Department of Public Instruction.
2. The schematic diagrams and emergency response information are not considered 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 .

(2014-100, s. 8.20(b); 2015-241, s. 8.26(g).)

Effect of Amendments. - Session Laws 2015-241, s. 8.26(g), effective July 1, 2015, in subsection (a), deleted "and the School Emergency Response Plan (SERP)" from the end of the first sentence, and deleted "and SERP" following "SRMP" near the end of the last sentence. For applicability, see editor's note.

§ 115C-105.55. Establish Task Force for Safer Schools.

1. Task Force Established. - There is hereby created the Task Force for Safer Schools within the North Carolina Department of Public Instruction.
2. Membership. - The Task Force shall consist of 25 members. The composition of the Task Force shall include all of the following:
   1. The Secretary of the Department of Public Safety or the Secretary's designee.
   2. The Secretary of the Department of Health and Human Services or the Secretary's designee.
   3. A member of the State Board of Education appointed by the Governor.
   4. Two local school board members appointed by the Chair of the State Board of Education.
   5. A representative from the North Carolina Department of Public Safety, Division of Emergency Management, appointed by the Secretary of the Department of Public Safety.
   6. A representative from the North Carolina Justice Academy appointed by the Attorney General.
   7. A member of the Governor's Crime Commission appointed by the Governor.
   8. Two local law enforcement officers appointed by the Governor.
   9. Two public school administrators appointed by the Chair of the State Board of Education.
   10. A public school teacher appointed by the Chair of the State Board of Education.
   11. A public school psychologist appointed by the Governor.
   12. A public school resource officer appointed by the Governor.
   13. Two high school students currently enrolled at public high schools appointed by the Governor.
   14. A parent of a currently enrolled public school student appointed by the Governor.
   15. A juvenile justice professional appointed by the Governor.
   16. A North Carolina licensed social worker appointed by the Governor.
   17. A North Carolina licensed school counselor appointed by the Governor.
   18. An expert in gang intervention and prevention in schools appointed by the Governor.
   19. Three at-large members appointed by the Governor.
3. Appointment of Chair and Vice-Chair. - The Governor shall appoint a Chair and Vice-Chair from among the membership of the Task Force. The Chair and Vice-Chair shall serve at the pleasure of the Governor.
4. Terms; Vacancies. - Effective December 1, 2016, all members shall be appointed for a term of four years. Members may be reappointed to successive terms. Any appointment to fill a vacancy on the Task Force created by the resignation, dismissal, death, disability, or disqualification of a member shall be for the balance of the unexpired term.
5. Removal. - The Governor shall have the authority to remove any member of the Task Force for misfeasance, malfeasance, or nonfeasance, pursuant to the provisions of G.S. 143B-13 .
6. Per Diem, Etc. - Members of the Task Force may receive necessary per diem, subsistence, and travel allowances in accordance with G.S. 120-3.1 , 138-5, or 138-6, as appropriate.

(2016-126, 4th Ex. Sess., s. 41.1(b).)

§ 115C-105.56. Task Force for Safer Schools; powers and duties.

The Task Force shall have all of the following duties:

1. To serve as an advisory board to the Center for Safer Schools.
2. To provide guidance and recommendations to the Governor, Superintendent of Public Instruction, and the General Assembly to improve statewide policy to enhance statewide and local capacities to create safer schools.
3. To encourage interagency collaboration among State and local government agencies to achieve effective policies and streamline efforts to create safer schools.
4. To Assist the Center for Safer Schools in collecting and disseminating information on recommended best practices and community needs related to creating safer schools in North Carolina.
5. Other duties as assigned by the State Board of Education.

(2016-126, 4th Ex. Sess., s. 41.1(b).)

§ 115C-105.57. Center for Safer Schools.

1. Center for Safer Schools Established. - There is established the Center for Safer Schools. The Center for Safer Schools shall be administratively located in the Department of Public Instruction. The Center for Safer Schools shall consist of an executive director appointed by the Superintendent of Public Instruction and such other professional, administrative, technical, and clerical personnel as may be necessary to assist the Center for Safer Schools in carrying out its powers and duties.
2. Executive Director. - The Executive Director shall report to and serve at the pleasure of the Superintendent of Public Instruction at a salary established by the Superintendent within the funds appropriated for this purpose.
3. Powers and Duties. - The Center for Safer Schools shall have all powers and duties provided in this Article.
4. Agency Cooperation. - All State agencies and departments shall cooperate with the Center for Safer Schools in carrying out its powers and duties, as necessary, in accordance with this Article.
5. Annual Census of School Resource Officers. - The Center for Safer Schools shall conduct an annual census of school resource officers located in each public school unit. The Center shall submit a report based on this census to the Joint Legislative Education Oversight Committee and the State Board of Education by March 1 of each year. At a minimum, the report shall include all of the following information:
   1. The total number of school resource officers in the State and in each public school unit.
   2. Data regarding school resources officers' education levels, years as sworn law enforcement officers, and years as school resource officers.
   3. Training required of school resource officers and training actually completed by school resource officers, including training specific to the position of school resource officer and other advanced or additional training.
   4. The funding source for all school resource officers.
   5. The location of school resource officers, differentiated by grade levels and type of public school unit.
   6. The percentage of school resource officers assigned to more than one school.
   7. The law enforcement affiliation of school resource officers.

(2018-97, s. 2.4(d); 2019-222, s. 2.1.)

Editor's Note. - Session Laws 2018-97, s. 12, made this section effective July 1, 2018.

Effect of Amendments. - Session Laws 2019-222, s. 2.1, effective July 1, 2019, added subsection (e).

§ 115C-105.60. School resource officer grants.

1. Definition. - For purposes of this section, the term "qualifying public school unit" refers to 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 School Resource Officer Grants Program (Program). To the extent funds are made available for the Program, its purpose shall be to improve safety in qualifying public school units by providing grants for school resource officers.
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. The application shall identify current and ongoing needs and estimated costs associated with those needs.
4. Criteria and Guidelines. - By November 1, 2019, and August 1 of each year thereafter in which funds are made available for the Program, 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 qualifying public school unit that would receive the funding.
   2. Whether the qualifying public school unit has received other grants for school safety.
   3. The overall impact on student safety in the qualifying public school unit if the identified needs are funded.
5. Award of Funds. - From funds made available for grants for school resource officers, the Superintendent of Public Instruction shall award grants to qualifying public school units for school resource officers in elementary and middle schools, as follows:
   1. 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.
   2. Qualifying public school units may use these funds to employ school resource officers in elementary and middle schools, to train them, or both.
   3. Training shall be provided, in partnership with the qualifying 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.
6. Supplement Not Supplant. - Grants provided to qualifying 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.
7. Report. - No later than April 1, 2020, and each year thereafter in which funds are made available for the Program, 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.

(2019-222, s. 3.1(a).)

Editor's Note. - Session Laws 2019-222, s. 9.1, made this section effective July 1, 2019.

§ 115C-106: Repealed by Session Laws 2006-69, s. 1, effective from and after July 1, 2006.

Editor's Note. - This section was also amended by Session Laws 2006-203, s. 31, effective July 1, 2007 and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter, which substituted "G.S. 143C-1-1" for "G.S. 143C-1" at the end of subsection (a). The section is set out above as repealed.

§ 115C-106.1. State goal.

The goal of the State is to provide full educational opportunity to all children with disabilities who reside in the State.

(1973, c. 1293, ss. 2-4; 1975, c. 563, ss. 1-5; 1977, c. 927, ss. 1, 2; 1979, 2nd Sess., c. 1295; 1981, c. 423, s. 1; 1997-443, s. 11A.47; 2006-69, s. 2.)

DPI Study/Improve Outcomes For Students With Disabilities. - Session Laws 2015-241, s. 8.30(a) and (b), as amended by Session Laws 2019-165, s. 3.1(b), provides: "(a) The Department of Public Instruction shall study and develop potential policy changes for improving the outcomes for elementary and secondary students with disabilities, including raising the graduation rates, providing more outcome-based goals, creating greater access to career-ready diplomas, increasing integration of accessible digital learning options, and providing earlier and improved transition services planning. The Department shall do at least the following toward achieving the goals set forth in this section:

"(1) Examine current Individualized Education Program (IEP) requirements and develop reforms with greater focus on outcome-based goals for students with disabilities.

"(2) Solicit input and bring together stakeholders and other interested parties to develop policies on transition services plans for students with disabilities from elementary to middle school, middle to high school, and high school to postsecondary education, and for employment opportunities and adult living options.

"(3) Solicit input and bring together stakeholders to create accessible ways for students with IEPs to access the Future Ready Core Course of Study in more significant numbers as a viable alternative to the Occupational Course of Study.

"(4) Examine model programs that may be employed by local school administrative units aimed at increasing the graduation rate and school performance of students with disabilities."

"(b) Repealed by Session Laws 2019-165, s. 3.1(b), effective July 26, 2019."

Education Opportunities For Students With Disabilities. - Session Laws 2015-241, s. 11.19(a), (b), provides: "(a) The Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, with the assistance of the Department of Health and Human Services, Division of Vocational Rehabilitation and Division of Social Services, the Department of Public Instruction, The University of North Carolina, and the North Carolina Community College System, and in consultation with the North Carolina Postsecondary Education Alliance, community stakeholders, and other interested parties, shall:

"(1) Assess gaps and system needs to support transitions of people with disabilities to adulthood.

"(2) Develop a program and fiscal policies to expand and sustain postsecondary education and employment opportunities for people with disabilities.

"(3) Plan and implement approaches to public awareness about postsecondary education and employment for people with disabilities.

"(4) Plan and implement joint policies and common data indicators for tracking the outcomes of people with disabilities after leaving high school.

"(5) Consider options for technology to link agency databases.

"The Division of Mental Health, Developmental Disabilities, and Substance Abuse Services shall report to the Joint Legislative Education Oversight Committee and the Joint Legislative Oversight Committee on Health and Human Services by November 15, 2015, and annually thereafter through November 15, 2017, on the implementation of this section.

"(b) The State Education Assistance Authority shall study strategies for ensuring that the State system of financial assistance for postsecondary education is fully available to assist qualified students with disabilities who are enrolled in certificate-based, approved university programs developed for them. The Authority shall report to the Joint Legislative Education Oversight Committee and the Joint Legislative Oversight Committee on Health and Human Services by March 15, 2016, on the results of this study."

Editor's Note. - This Article was rewritten by Session Laws 2006-69, ss. 1 and 2. The historical citations in the former sections have been added to the corresponding sections in this Article as rewritten.

Session Laws 2008-83, s. 2, provides: "The UNC-CH Division TEACCH Autism Program (TEACCH), in consultation with the School of Government and the Autism Society of NC, shall develop a video to raise awareness of autism for those involved in government and public service, including information on recognizing the signs and symptoms of autism spectrum disorders, and contacts for further information on appropriate responses to individuals with autism."

Session Laws 2008-174, s. 1, provides: "The State Board of Education and Department of Health and Human Services shall jointly meet and make a determination as to which public agency is responsible for providing special education and related services as required under Article 9 of Chapter 115C of the General Statutes and the federal Individuals with Disabilities Education Improvement Act, 20 U.S.C. § 144, et seq., (2004), as amended, for children with disabilities who are placed in private psychiatric residential treatment facilities by a public agency other than the local educational agency. The State Board of Education and Department of Health and Human Services shall report the determination and any recommended legislation or policy changes by January 1, 2009, to the Joint Legislative Education Oversight Committee and the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services."

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.

§ 115C-106.2. Purposes.

1. The purposes of this Article are to (i) ensure that all children with disabilities ages three through 21 who reside in this State have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepares them for further education, employment, and independent living; (ii) ensure that the rights of these children and their parents are protected; and (iii) enable the State Board of Education and local educational agencies to provide for the education of all children with disabilities.
2. In addition to the purposes listed in subsection (a) of this section, the purpose of this Article is to enable the State Board of Education and local educational agencies to implement IDEA in this State. If this Article is silent or conflicts with IDEA, and if IDEA has specific language that is mandatory, then IDEA controls.
3. Notwithstanding any other section of this Article, the State Board of Education may set standards for the education of children with disabilities that are higher than those required by IDEA.

(1973, c. 1293, ss. 2-4; 1975, c. 563, ss. 1-5; 1977, c. 927, ss. 1, 2; 1979, 2nd Sess., c. 1295; 1981, c. 423, s. 1; 1997-443, s. 11A.47; 2006-69, s. 2; 2007-292, s. 2.)

Effect of Amendments. - Session Laws 2007-292, s. 2, effective July 28, 2007, inserted "who reside in this State" in subdivision (a)(i).

§ 115C-106.3. Definitions.

The following definitions apply in this Article:

1. Child with a disability. - A child with at least one disability who because of that disability requires special education and related services.
2. Disability. - Includes intellectual disability; hearing impairment, including deafness; speech or language impairment; visual impairment, including blindness; serious emotional disturbance; orthopedic impairment; autism; traumatic brain injury; other health impairments, specific learning disability, or other disability as may be required to be included under IDEA. For a child ages three through seven, this term also includes developmental delay.
3. Dispute. - A disagreement between the parties.

   (3a) Educational services. - All of the following:

   1. The necessary instructional hours per week in the form and format as determined by the child's IEP team and consistent with federal and State law. The instruction shall be delivered by an appropriately qualified teacher to the extent required by federal and State law, which requires a free appropriate public education and the opportunity for a sound basic education.
   2. Related services included in the child's IEP.
   3. Behavior intervention services to the extent required by federal law.
4. Free appropriate public education. - Special education and related services that satisfy all of the following:
   1. Are provided at public expense, under public supervision and direction, and without charge.
   2. Meet the standards of the State Board.
   3. Include an appropriate preschool, elementary school, or secondary school education in the State.
   4. Are provided in conformity with an individualized education program.
5. Hearing officers. - Include administrative law judges as defined in G.S. 150B-2(1) and hearing review officers.

   (5a) Homebound instruction. - Educational services provided to a student outside the school setting.

6. IDEA. - The Individuals with Disabilities Education Improvement Act, 20 U.S.C. § 1400, et seq., (2004), as amended, and federal regulations adopted under this act.
7. IEP Team. - As defined in IDEA.
8. Individualized education program (IEP). - A written statement for each child with a disability that is developed, reviewed, implemented, and revised consistent with IDEA and State law.
9. Infant or toddler with a disability. - As defined in IDEA.
10. Least restrictive environment. - To the maximum extent appropriate, children with disabilities are educated with children who do not have disabilities, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
11. Local educational agency. - Includes any of the following that provides special education and related services to children with disabilities:
    1. A local school administrative unit.
    2. A charter school.
    3. The Department of Health and Human Services.
    4. The Division of Adult Correction and Juvenile Justice of the Department of Public Safety.
    5. Repealed by Session Laws 2017-186, s. 2(yyyy), effective December 1, 2017.
    6. Any other State agency or unit of local government.
12. Mediation. - An informal process conducted by a mediator with the objective of helping parties voluntarily settle their dispute.
13. Mediator. - A neutral person who acts to encourage and facilitate a resolution of a dispute.
14. Parent. - Any of the following:
    1. A natural, adoptive, or foster parent.
    2. A guardian, but not the State if the child is a ward of the State.
    3. An individual acting in the place of a natural or adoptive parent, including a grandparent, stepparent, or other relative, and with whom the child lives.
    4. An individual who is legally responsible for the child's welfare.
    5. A surrogate if one is appointed under G.S. 115C-109.2 .
15. Party or parties. - The local educational agency or the parents, or both.
16. Petition. - A request for a due process hearing as provided for under IDEA.
17. Preschool child with a disability. - A child with one or more disabilities who meets all of the following criteria:
    1. Has reached his or her third birthday and whose parents have requested services from the public schools.
    2. Is not eligible to enroll in public kindergarten.
    3. Because of the disability, needs special education and related services in order to prepare the child to benefit from the educational programs provided by the public schools, beginning with kindergarten.
18. Related services. - As defined in IDEA.

    (18a) Residence. - The place where a child with a disability is entitled to be enrolled in a North Carolina public school under G.S. 115C-366 except for the age requirements of that section. This definition does not apply to children with disabilities who were (i) enrolled in a particular local school administrative unit on the last day of school for the 2006-2007 school year, or (ii) enrolled in and attending a school in a particular local school administrative unit on August 1, 2007, for the 2007-2008 school year for as long as they live within and are continuously enrolled in that local school administrative unit. "Reside" means to have a residence as defined in this subdivision.

19. Rules. - Includes rules, policies, and procedures. Rules as defined in G.S. 150B-2(8a) shall be adopted in accordance with Article 2A of Chapter 150B of the General Statutes.
20. Special education. - Specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability. The term includes instruction in physical education and instruction conducted in a classroom, the home, a hospital or institution, and other settings.

(1977, c. 927, s. 1; 1981, c. 423, s. 1; 1983, c. 247, ss. 1, 2; 1983 (Reg. Sess., 1984), c. 1034, ss. 23, 24; 1985, c. 479, s. 26(a);1985, c. 780, ss. 3, 4; 1989(Reg. Sess., 1990), c. 1003, s. 5; 1996, 2nd Ex. Sess., ch. 18, s. 18.24(b); 2006-69, s. 2; 2007-292, s. 1; 2007-429, s. 1; 2008-90, s. 1; 2011-145, s. 19.1(h), ( l ); 2017-186, s. 2(yyyy); 2018-47, s. 9.)

Editor's Note. - Session Laws 2017-127, s. 1, provides: "It is the intent of the General Assembly that all students with specific learning disabilities, including dyslexia and dyscalculia, receive the necessary and appropriate screenings, assessments, and special education services to provide interventions for learning difficulties with language, reading, writing, and mathematics."

Session Laws 2017-127, s. 2, provides: "To provide a definition to enable for the identification of and intervention for students with dyslexia and students with dyscalculia, the State Board of Education shall, as part of its policies for specific learning disabilities, define dyslexia as follows: "Dyslexia is a specific learning disability that is neurobiological in origin. It is characterized by difficulties with accurate and/or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge." The State Board of Education shall include the definition of dyslexia, as required by this section, in the policies for specific learning disabilities no later than June 30, 2017."

Session Laws 2018-47, s. 15, provides: "This act does not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability."

Effect of Amendments. - Session Laws 2007-292, s. 1, effective July 28, 2007, added subdivision (18a).

Session Laws 2007-429, s. 1, effective August 23, 2007, added subdivisions (3a) and (5a).

Session Laws 2008-90, s. 1, effective July 11, 2008, substituted "to the extent required by federal law" for "designed to address the behavior violation that caused the disciplinary change of placement in order to prevent a recurrence" in subdivision (3a)c.

Session Laws 2011-145, s. 19.1(h) and ( l ), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in subdivision (11)d. and "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention" in subdivision (11)e.

Session Laws 2017-186, s. 2(yyyy), effective December 1, 2017, inserted "and Juvenile Justice" in subdivision (11)d., and deleted former subdivision (11)e., which read: "The Division of Juvenile Justice of the Department of Public Safety."

Session Laws 2018-47, s. 9, effective June 22, 2018, in subdivision (2), substituted "intellectual disability" for "mental retardation"; in subdivision (10), substituted "do not have disabilities" for "are not disabled"; in subdivision (18a), substituted "does not apply" for "shall not apply" in the second sentence and added the last sentence; and made stylistic changes throughout.

Legal Periodicals. - For essay, "Law, Culture, and Children with Disabilities: Educational Rights and the Construction of Difference," see 1991 Duke L.J. 166 (1991).

§ 115C-107: Repealed by Session Laws 2006-69, s. 1, effective from and after July 1, 2006.

Editor's Note. - G.S. 115C-107 was formerly codified in Part 1 of this Article.

§ 115C-107.1. Free appropriate public education; ages.

1. A free appropriate public education shall be made available to the following:
   1. All children with disabilities who reside in the State, who are the ages of three through 21, who have not graduated from high school, and who require special education and related services.
   2. Any child with a disability who is receiving special education and related services and who has not graduated from high school until the end of the school year in which that child reaches the age of 22.
   3. Children with disabilities who require special education and related services and who are suspended or expelled from school and entitled to continuing education services as provided in IDEA.
2. A free appropriate public education is not required to be provided to infants and toddlers with disabilities. However, early intervention services shall be made available to these children under G.S. 143B-139.6 A.
3. If funds are made available, the State Board and the Secretary of Health and Human Services may adopt an agreement to allow the continuation of early intervention services for children with a disability who are at least three years old but before they enter kindergarten or are eligible to enter kindergarten. If an agreement is adopted under this subsection, then a free appropriate public education is not required to be provided to any child with a disability who continues to receive early intervention services in accordance with that agreement.
4. Nothing in this Article requires a free appropriate public education to be made available to any individual aged 18 through 21 who, in the educational placement immediately before that individual's incarceration in an adult correctional facility, was not actually identified as being a child with a disability and did not have an IEP.

(1977, c. 927, s. 1; 1981, c. 423, s. 1; 1989 (Reg. Sess., 1990), c. 1003, s. 5; 1997-443, s. 11A.118(a); 1998-202, s. 4(h); 2000-137, s. 4(k); 2006-69, s. 2.)

Editor's Note. - This Article was rewritten by Session Laws 2006-69, ss. 1 and 2. The historical citations in the former sections have been added to the corresponding sections in this Article as rewritten.

Legal Periodicals. - For essay, "Law, Culture, and Children with Disabilities: Educational Rights and the Construction of Difference," see 1991 Duke L.J. 166 (1991).

§ 115C-107.2. Duties of State Board of Education.

1. The State Board of Education shall adopt rules to ensure that:
   1. The requirements of this Article and IDEA are met.
   2. All educational programs under the supervision of any local educational agency for children with disabilities meet all of the following requirements:
      1. The programs are under the general supervision of individuals in the State who are responsible for educational programs for children with disabilities.
      2. The programs meet the State Board's educational standards.
      3. With respect to homeless children, the programs meet the requirements of 20 U.S.C. § 1431, McKinney-Vento Homeless Assistance Act.
2. The rules adopted under subsection (a) of this section shall include rules that:
   1. Establish standards for the programs of special education to be administered by local educational agencies and by the State Board.
   2. Ensure that children with disabilities are educated in the least restrictive environment.
   3. Ensure that local school administrative units make available special education and related services to all preschool children with disabilities whose parents request these services.
   4. Provide for public hearings, adequate notice of these hearings, and an opportunity for comment from the general public before the adoption of the rules required by this Article.
   5. Are required in order to receive federal funding under IDEA.
   6. Provide that, where a local educational agency finds that appropriate services are available from other public agencies or private organizations, the local educational agency may contract for those services rather than provide them directly.
   7. Enable local educational agencies to identify, evaluate, place, and make other educational decisions for children with disabilities.
   8. Provide procedural safeguards for children with disabilities and their parents.
   9. Designate a person in the Department of Public Instruction who is charged with receiving and responding to notices or other legal documents under Part 1D of this Article.
   10. Support and facilitate local educational agency and school-level system improvement designed to enable children with disabilities to meet the challenging State student academic achievement standards.
3. Rules adopted under this section shall be consistent with IDEA and shall comply with G.S. 115C-12(19). Local educational agencies, parents, and other individuals concerned with the education of children with disabilities shall be consulted in the development of rules adopted under this Article.
4. The State Board shall develop forms for local educational agencies to use in order to comply with this Article. The forms shall comply with G.S. 115C-12(19), and whenever practicable, (i) limit the requirement for narrative reporting to essential components requiring personalized student information and (ii) be in an electronic format.
5. The State Board shall provide technical assistance to local educational agencies at their request.
6. The State Board shall develop any plans that meet the criteria of IDEA and are required to be submitted to the United States Department of Education.
7. The State Board shall make available to hearing officers training related to IDEA and its legal interpretations in order to facilitate hearings and reviews under G.S. 115C-109.6 .

(1977, c. 927, s. 1; 1981, c. 423, s. 1; 1983, c. 247, ss. 3, 4; 1989, c. 585, s. 3; 1989 (Reg. Sess., 1990), c. 1003, s. 5; 1996, 2nd Ex. Sess., c. 18, ss. 18.24(c), (d); 1997-443, s. 11A.118(a); 1998-202, s. 4(g); 2000-137, s. 4(j); 2006-69, s. 2; 2013-226, s. 10.)

Effect of Amendments. - Session Laws 2013-226, s. 10, effective July 3, 2013, rewrote the second sentence of subsection (d), which formerly read "The forms must comply with G.S. 115C-12(19) and may be in an electronic format." For applicability, see Editor's note.

§ 115C-107.3. Child find.

1. The Board shall require an annual census of all children with disabilities residing in the State, subdivided for "identified" and "suspected" children with disabilities, to be taken in each school year. Suspected children are those in the formal process of being evaluated or identified as children with disabilities. The census shall be conducted annually and shall be completed by October 15, submitted to the Governor and General Assembly and made available to the public by January 15 annually.
2. In taking the census, the Board requires the cooperation, participation, and assistance of all local educational agencies. Therefore, each local educational agency shall cooperate and participate with and assist the Board in conducting the census.
3. The census shall include the number of children identified and suspected with disabilities, their age, the nature of their disability, their county or city of residence, their local school administrative unit residence, whether they are being provided special educational or related services and if so by what local educational agency, the identity of each local educational agency having children with disabilities in its care, custody, management, jurisdiction, control, or programs, the number of children with disabilities being served by each local educational agency, and any other information or data that the Board requires. The census shall be of children with disabilities between the ages three through 21 but is not required to include children with disabilities that have graduated from high school.

(1977, c. 927, s. 1; 1981, c. 423, s. 1; 1983, c. 247, ss. 3, 4; 1989, c. 585, s. 3; 1996, 2nd Ex. Sess., c. 18, ss. 18.24(c), (d); 1997-443, s. 11A.118(a); 1998-202, s. 4(g); 2000-137, s. 4(j); 2006-69, s. 2; 2007-292, s. 3.)

Effect of Amendments. - Session Laws 2007-292, s. 3, effective July 28, 2007, in the first sentence of subsection (a), inserted "all" following "annual census of" and inserted "residing in the State."

§ 115C-107.4. Monitoring and enforcement.

1. The State Board shall monitor all local educational agencies to determine compliance with this Article and IDEA. The State Board also shall monitor the effectiveness of IEPs in meeting the educational needs of children with disabilities.
2. The State Board shall implement an effective and efficient system of incentives and sanctions for local educational agencies in order to improve results for children with disabilities and meet the requirements of this Article and IDEA. The system, which must be based on a continuum of recognition and sanctions, shall:
   1. Identify and recognize local educational agencies that achieve or exceed targets and indicators as determined by the State Board, demonstrate significant improvement over time, and show growth on targets and indicators as determined by each local educational agency.
   2. Provide consequences for local educational agencies that are substantially noncompliant with statutory and regulatory requirements under this Article and IDEA.
3. The system of incentives developed under subsection (b) of this section may include commendations, public recognition, allocation of grant funds if available, and any other incentives as considered appropriate by the State Board.
4. The system of sanctions developed under subsection (b) of this section shall include the following:
   1. Level One - Needs Assistance: When the State Board determines (i) a local school educational agency has been in noncompliance for two years and (ii) that agency needs assistance in implementing the requirements of this Article and IDEA, the State Board shall take one or more of the following actions:
      1. The Board may direct the local educational agency to allocate additional time and resources for technical assistance and guidance related to areas of noncompliance.
      2. The Board may impose special conditions on that agency's application for IDEA funds and receipt of State funds.
      3. The Board may direct how that local educational agency utilizes IDEA and State funds to address the remaining findings of noncompliance. The local educational agency must track the use of these funds to show how the funds are targeted to address areas of noncompliance.
   2. Level Two - Needs Intervention: If the State Board determines (i) that the local educational agency has been in noncompliance for three years and (ii) that agency needs assistance in implementing this Article and IDEA, the following apply:
      1. The Board may take any of the actions described in subdivision (1) of this subsection.
      2. The Board shall withhold, in whole or in part, any further payments of IDEA and State funds to the agency.
      3. The Board shall require the agency to enter into a compliance agreement.
   3. Level Three - Needs Substantial Intervention: In addition to the sanctions described in subdivisions (1) and (2) of this subsection, if at any time the State Board determines a local educational agency (i) needs substantial intervention in implementing the requirements of this Article and IDEA, or (ii) has established a substantial failure to comply with this Article and IDEA, the Board shall take one or more of the following actions:
      1. The Board shall direct the agency to implement a compliance agreement, billed to that agency.
      2. The Board shall recover IDEA and State funds.
      3. The Board shall refer the agency for appropriate enforcement under State or federal law.
5. In addition to the consequences required under subsections (b) and (d) of this section, the State Board shall develop sanctions for local educational agencies that fail to implement a corrective action or hearing decision.

(1977, c. 927, s. 1; 1981, c. 423, s. 1; 1983, c. 247, ss. 3, 4; 1989, c. 585, s. 3; 1996, 2nd Ex. Sess., c. 18, ss. 18.24(c), (d); 1997-443, s. 11A.118(a); 1998-202, s. 4(g); 2000-137, s. 4(j); 2006-69, s. 2.)

§ 115C-107.5. Annual reports.

The State Board shall report no later than October 15 of each year to the Joint Legislative Education Oversight Committee on the implementation of this Article and the educational performance of children with disabilities. The report may be filed electronically. Each annual report shall include the following information:

1. A copy of the following documents that were submitted, received, or made public during the year:
   1. The most recent State performance plan and any amendments to that plan submitted to the Secretary of Education.
   2. Compliance and monitoring reports submitted to the Secretary of Education.
   3. The annual report submitted to the Secretary of Education on the performance of the State under its performance plan.
   4. Any other information required under IDEA to be made available to the public.
2. An analysis of the educational performance of children with disabilities in the State and a summary of disputes under Part 1D of this Chapter.
3. Development and implementation of any policies related to improving outcomes for elementary and secondary school students with disabilities, including any changes related to the directives set forth in Section 8.30 of S.L. 2015-241 as follows:
   1. Reforms related to IEP requirements.
   2. Transition services for students with disabilities from elementary to middle school, middle to high school, and high school to postsecondary education, and for employment opportunities and adult living options.
   3. Increased access to Future Ready Core Course of Study for students with disabilities.
   4. Model programs for use by local school administrative units to improve graduation rates and school performance of students with disabilities.

(1977, c. 927, s. 1; 1981, c. 423, s. 1; 1983, c. 247, ss. 3, 4; 1989, c. 585, s. 3; 1996, 2nd Ex. Sess., c. 18, ss. 18.24(c), (d); 1997-443, s. 11A.118(a); 1998-202, s. 4(g); 2000-137, s. 4(j); 2006-69, s. 2; 2019-165, s. 3.1(a).)

Effect of Amendments. - Session Laws 2019-165, s. 3.1(a), effective July 26, 2019, rewrote this section.

§ 115C-107.6. Duties of local educational agencies.

1. Each local educational agency, in providing for the education of children with disabilities within its jurisdiction, must comply with IDEA and the rules adopted by the State Board under this Article. In addition, each local educational agency shall have in effect policies, procedures, and programs that are consistent with this Article, IDEA, and rules adopted by the State Board.
2. No child with disabilities shall be prevented from attending the public schools of the local educational agency in which the child resides or from which the child receives services or from attending any other public program of free appropriate public education based solely on the fact that the child has a disability. If it appears the child should receive a program of free appropriate public education in a program operated by or under the supervision of the Department of Health and Human Services or the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, the local school administrative unit shall confer with the appropriate Department of Health and Human Services or Division of Adult Correction and Juvenile Justice of the Department of Public Safety staff for their participation and determination of the appropriateness of placement in that program and development of the child's individualized education program.
3. No matriculation or tuition fees or other fees or charges shall be required or asked of children with disabilities or their parents except those fees or charges that are required uniformly of all public school pupils. The provision of a free appropriate public education within the facilities of the Department of Health and Human Services and the Division of Adult Correction and Juvenile Justice of the Department of Public Safety may not prevent that Department from charging for other services or treatment.
4. Each child with a disability shall be educated in accordance with that child's IEP and in the least restrictive environment for that child.
5. Each local educational agency may use the forms developed under G.S. 115C-107.2(d) .

(1977, c. 927, s. 1; 1981, c. 423, s. 1; 1983, c. 247, ss. 3, 4; 1989, c. 585, s. 3; 1996, 2nd Ex. Sess., c. 18, ss. 18.24(c), (d); 1997-443, s. 11A.118(a); 1998-202, s. 4(g); 2000-137, s. 4(j); 2006-69, s. 2; 2007-292, s. 4; 2011-145, s. 19.1( l ); 2017-186, s. 2(zzzz).)

Effect of Amendments. - Session Laws 2007-292, s. 4, effective July 28, 2007, substituted "child resides" for "child's parents or legal guardian resides" in the first sentence of subsection (b).

Session Laws 2011-145, s. 19.1( l ), effective January 1, 2012, in subsections (b) and (c), substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention."

Session Laws 2017-186, s. 2(zzzz), effective December 1, 2017, substituted "Division of Adult Correction and Juvenile Justice" for "Division of Juvenile Justice" throughout the section.

§ 115C-107.7. Discipline, corporal punishment, and homebound instruction.

1. The policies and procedures for the discipline of students with disabilities shall be consistent with federal laws and regulations.

   (a1) Any corporal punishment administered on students with disabilities shall be consistent with the requirements of G.S. 115C-390.4 .

2. If a change of placement occurs under the discipline regulations of IDEA, a local educational agency shall not assign a student to homebound instruction without a determination by the student's IEP team that the homebound instruction is the least restrictive alternative environment for that student. If it is determined that the homebound instruction is the least restrictive alternative environment for the student, the student's IEP team shall meet to determine the nature of the homebound educational services to be provided to the student. In addition, the continued appropriateness of the homebound instruction shall be evaluated monthly by the designee or designees of the student's IEP team.
3. A local educational agency shall be deemed to have a "basis of knowledge" that a child is a child with a disability if, prior to the behavior that precipitated the disciplinary action, the behavior and performance of the child clearly and convincingly establishes the need for special education. Prior disciplinary infractions shall not, standing alone, constitute clear and convincing evidence.

(2006-69, s. 2; 2007-425, s. 1; 2008-90, ss. 2, 3; 2010-36, s. 1; 2010-159, s. 1; 2012-77, s. 5; 2012-149, s. 11.5; 2012-194, ss. 48, 52.)

Effect of Amendments. - Session Laws 2007-425, s. 1, effective August 23, 2007, inserted "and homebound instruction" in the section heading; designated the existing provisions as subsection (a) and added subsection (b).

Session Laws 2008-90, s. 2, effective July 11, 2008, substituted "designee or designees of the student's IEP team" for "head of the student's IEP team" in the last sentence of subsection (b).

Session Laws 2010-159, s. 1, effective July 23, 2010, and applicable beginning with the 2010-2011 school year, in the section catchline, added "corporal punishment"; and added subsection (a1).

Session Laws 2012-194, s. 48, effective July 17, 2012, substituted "G.S. 115C-390.4" for "G.S. 115C-391(a)(5)" in subsection (a1).

§ 115C-108: Repealed by Session Laws 2006-69, s. 1, effective from and after July 1, 2006.

Editor's Note. - G.S. 115C-108 was formerly codified in Part 1 of this Article.

§ 115C-108.1. State Board lead agency.

1. The Board shall cause all local educational agencies to provide special education and related services to children with disabilities in their care, custody, management, jurisdiction, control, or programs.
2. The jurisdiction of the Board with respect to the design and content of special education programs or related services for children with disabilities extends to and over the Department of Health and Human Services, and the Division of Adult Correction and Juvenile Justice of the Department of Public Safety.
3. All provisions of this Article that are specifically applicable to local school administrative units also are applicable to the Department of Health and Human Services, and the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and their divisions and agencies; all duties, responsibilities, rights, and privileges specifically imposed on or granted to local school administrative units by this Article also are imposed on or granted to the Department of Health and Human Services, and the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and their divisions and agencies. However, with respect to children with disabilities who are residents or patients of any State-operated or State-supported residential treatment facility, including a school for the deaf, school for the blind, mental hospital or center, developmental center, or in a facility operated by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, or any of their divisions and agencies, the Board may contract with the Department of Health and Human Services, and the Division of Adult Correction and Juvenile Justice of the Department of Public Safety for the provision of special education and related services and the power to review, revise, and approve any plans for special education and related services to those residents.
4. The Department of Health and Human Services and the Department of Public Safety shall submit to the Board their plans for the education of children with disabilities in their care, custody, or control. The Board may grant specific exemptions for programs administered by the Department of Health and Human Services or the Division of Adult Correction and Juvenile Justice of the Department of Public Safety when compliance by them with the Board's standards would, in the Board's judgment, impose undue hardship on that department or division and when other procedural due process requirements, substantially equivalent to those required under this Article and IDEA, are assured in programs of special education and related services furnished to children with disabilities served by that department. Further, the Board shall recognize that inpatient and residential special education programs within the Department of Health and Human Services or the Division of Adult Correction and Juvenile Justice of the Department of Public Safety may require more program resources than those necessary for optimal operation of these programs in local school administrative units.
5. The Board shall support and encourage joint and collaborative special education planning and programming at local levels to include local school administrative units and the programs and agencies of the Department of Health and Human Services or the Division of Adult Correction and Juvenile Justice of the Department of Public Safety.

(2006-69, s. 2; 2011-145, s. 19.1(h), ( l ); 2012-83, ss. 38, 39; 2017-186, s. 2(aaaaa); 2019-76, s. 15.)

Editor's Note. - This Article was rewritten by Session Laws 2006-69, ss. 1 and 2. The historical citations in the former sections have been added to the corresponding sections in this Article as rewritten.

Session Laws 2019-76, s. 33, provides: "Parts I and II of this act do not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability."

Session Laws 2019-76, s. 34, made the amendments by Session Laws 2019-76, s. 15 effective October 1, 2019, and applicable to proceedings commenced or services rendered on or after that date.

Effect of Amendments. - Session Laws 2011-145, s. 19.1(h) and ( l ), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" and substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention" throughout the section.

Session Laws 2012-83, ss. 38 and 39, effective June 26, 2012, in subsection (d), near the middle inserted "or division" and in the last sentence substituted "the Division of Juvenile Justice of the Department of Public Safety, or the Division of Adult Correction of the Department of Public Safety" for "Correction, and Juvenile Justice and Delinquency Prevention"; in subsection (e), substituted "the Division of Juvenile Justice of the Department of Public Safety, or the Division of Adult Correction of the Department of Public Safety" for "Correction, and Juvenile Justice and Delinquency Prevention."

Session Laws 2017-186, s. 2(aaaaa), effective December 1, 2017, deleted "and the Division of Adult Correction of the Department of Public Safety" or similar language following "Department of Public Safety" and substituted "and the Division of Adult Correction and Juvenile Justice" or similar language for "the Division of Juvenile Justice" throughout the section; and made stylistic changes.

Session Laws 2019-76, s. 15, substituted "developmental center" for "mental retardation center" in the second sentence of subsection (c); and substituted "Department" for "Departments" in subsections (d) and (e). For effective date and applicability, see editor's note.