Article 1. Education Cabinet.

§ 116C-1. Education Cabinet created.

  1. The Education Cabinet is created. The Education Cabinet shall be located administratively within, and shall exercise its powers within existing resources of, the Office of the Governor. However, the Education Cabinet shall exercise its statutory powers independently of the Office of the Governor.
  2. The Education Cabinet shall consist of the Governor, who shall serve as chair, the President of The University of North Carolina, the State Superintendent of Public Instruction, the Chairman of the State Board of Education, the President of the North Carolina Community Colleges System, the Secretary of Health and Human Services, and the President of the North Carolina Independent Colleges and Universities. The Education Cabinet may invite other representatives of education to participate in its deliberations as adjunct members.
  3. The Education Cabinet shall be a nonvoting body that:
    1. Works to resolve issues between existing providers of education.
    2. Repealed by Session Laws 2014-120, s. 1(c), effective September 18, 2014.
    3. Develops a strategic design for a continuum of education programs, in accordance with G.S. 116C-3 .
    4. Studies other issues referred to it by the Governor or the General Assembly.
  4. The Office of the Governor, in coordination with the staffs of The University of North Carolina, the North Carolina Community College System, and the Department of Public Instruction, shall provide staff to the Education Cabinet.

History. 1993, c. 393, s. 1; 1995, c. 324, s. 15.12(b); 2001-123, s. 1; 2005-276, s. 7.38(a); 2014-120, s. 1(c).

UNC-NCCCS Joint Initiative for Teacher Education and Recruitment.

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

Session Laws 2007-323, s. 7.21, provides: “The State Board of Education shall report to the Office of State Budget and Management, the Fiscal Research Division, and the Joint Legislative Education Oversight Committee no later than January 15 of each year on the results of its evaluation of the small, restructured high school program. The evaluation shall include measures as identified in G.S. 115C-238.55 . It shall also include: (i) an accounting of how funds and personnel resources were utilized and their impact on student achievement, retention, and employability; and (ii) recommendations for improvement of the program.” Session Laws 2012-142, s. 7.13(b) repealed Session Laws 2007-323, s. 7.21, as containing an obsolete reporting requirement.

Session Laws 2007-323, s. 7.28(e), provides: “(e) As recommended in the E-Learning Report, February 2006, the Education Cabinet shall develop a plan to:

“(1) Coordinate E-learning activities across the public and private universities and colleges, the community colleges, and the public schools;

“(2) Establish a clear purpose and goals for the NCVirtual based on stakeholder needs and requirements;

“(3) Develop a strategic plan with measurable goals with reports provided to the Education Cabinet;

“(4) Develop, track, and report regularly to the Education Cabinet on appropriate accountability measures for those goals;

“(5) Develop and manage an E-learning portal for the NCVirtual; and

“(6) Use State-invested funds for E-learning to eliminate duplication of service.”

Session Laws 2007-323, s. 7.28(g), provides: “(g) The Education Cabinet shall report on its progress towards developing the plan on January 1, 2008, and annually thereafter to the Joint Legislative Oversight Committee on Information Technology, the Joint Legislative Education Oversight Committee, the Office of State Budget and Management, the State Information Technology Officer, and the Fiscal Research Division.” For prior similar provisions, see Session Laws 2005-276, s. 7.52(a) and (b). Session Laws 2019-165, s. 1.2, repealed Session Laws 2007-323, s. 7.28(g).

Editor’s Note.

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 2019-55, s. 1(a) designated G.S. 116C-1 through G.S. 116C-5 as Article 1 of Chapter 116C.

Effect of Amendments.

Session Laws 2005-276, s. 7.38(a), effective July 1, 2005, inserted “the Secretary of Health and Human Services,” in subsection (b).

Session Laws 2014-120, s.1(c), effective September 18, 2014, deleted subdivision (c)(2) which read: “Sets the agenda for the State Education Commission.”

§ 116C-2. [Repealed]

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

History. 1993, c. 393, s. 1; repealed by 2014-120, s. 1(d), effective September 18, 2014.

Editor’s Note.

Former G.S. 116C-2 pertained to the State Education Commission membership and meetings.

§ 116C-3. Strategic design for a continuum of education programs.

The Education Cabinet shall develop a strategic design for a continuum of education programs. A continuum of education programs is the complement of programs delivered by the State to learners at all levels.

The new design shall take into account issues raised by the Government Performance Audit Committee of the Legislative Research Commission.

The design process shall:

  1. Include vigorous examination of all programs as if they were being created for the first time.
  2. Compare the existing structures, funding levels, and responsibilities of each system to the new design.
  3. Focus on issues concerning coursework articulation and plan for how to improve coursework articulation among existing providers of education.

    The Education Cabinet shall report to the Joint Legislative Education Oversight Committee on the strategic design it develops prior to January 1, 1995.

History. 1993, c. 393, s. 1; 1993 (Reg. Sess., 1994), c. 677, s. 12.1.

Small Restructured High Schools.

Session Laws 2007-323, s. 7.21, provides: “The State Board of Education shall report to the Office of State Budget and Management, the Fiscal Research Division, and the Joint Legislative Education Oversight Committee no later than January 15 of each year on the results of its evaluation of the small, restructured high school program. The evaluation shall include measures as identified in G.S. 115C-238.55 . It shall also include: (i) an accounting of how funds and personnel resources were utilized and their impact on student achievement, retention, and employability; and (ii) recommendations for improvement of the program.” Session Laws 2012-142, s. 7.13(b) repealed Session Laws 2007-323, s. 7.21, as containing an obsolete reporting requirement.

For prior similar provisions, see Session Laws 2005-276, s. 7.52(a) and (b).

Editor’s Note.

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 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.

§ 116C-4. First in America Innovative Education Initiatives Act.

  1. The General Assembly strongly endorses the Governor’s goal of making North Carolina’s system of education first in America by 2010. With that as the goal, the Education Cabinet shall set as a priority cooperative efforts between secondary schools and institutions of higher education so as to reduce the high school dropout rate, increase high school and college graduation rates, decrease the need for remediation in institutions of higher education, and raise certificate, associate, and bachelor degree completion rates. The Cabinet shall identify and support efforts that achieve the following purposes:
    1. Support cooperative innovative high school programs developed under Part 9 of Article 16 of Chapter 115C of the General Statutes.
    2. Improve high school completion rates and reduce high school dropout rates.
    3. Close the achievement gap.
    4. Create redesigned middle schools or high schools.
    5. Provide flexible, customized programs of learning for high school students who would benefit from accelerated, higher level coursework or early graduation.
    6. Establish high quality alternative learning programs.
    7. Establish a virtual high school.
    8. Implement other innovative education initiatives designed to advance the State’s system of education.
  2. The Education Cabinet shall identify federal, State, and local funds that may be used to support these initiatives. In addition, the Cabinet is strongly encouraged to pursue private funds that could be used to support these initiatives.
  3. Repealed by Session Laws 2019-165, s. 1.3, effective July 26, 2019.

History. 2003-277, s. 1; 2019-165, s. 1.3.

Cross References.

As to Cooperative Innovative High School Programs, see G.S. 115C-238.50 et seq.

Editor’s Note.

Session Laws 2003-277, s. 4, provides: “Nothing in this act shall be construed to obligate the General Assembly to make appropriations to implement this act.”

Effect of Amendments.

Session Laws 2019-165, s. 1.3, effective July 26, 2019, deleted subsection (c).

§ 116C-5. STEM education priorities.

  1. The Education Cabinet shall set as a priority an increase in the number of students earning postsecondary credentials in the fields of science, technology, engineering, and mathematics to reduce the gap between needed credentialed workers and available jobs in those fields by 2015.
  2. The Education Cabinet shall encourage cooperative efforts between secondary schools and institutions of higher education to prepare students for postsecondary study in science, technology, engineering, and mathematics, and shall identify and support efforts at institutions of higher education to increase the number of students seeking and successfully completing postsecondary certificates or degrees in those fields. The Education Cabinet shall monitor progress of those efforts.
  3. The Education Cabinet shall determine measurements for assessing the number of available jobs in the fields of science, technology, engineering, and mathematics in the State, and the number of students earning postsecondary credentials in the fields of science, technology, engineering, and mathematics at all institutions of higher education in the State, including community colleges and both public and private colleges and universities.
  4. The Education Cabinet shall identify federal, State, and local funds that may be used to support this priority. In addition, the Education Cabinet is strongly encouraged to pursue private funds that could be used to support this priority.
  5. Repealed by Session Laws 2019-165, s. 1.1, effective July 26, 2019.

History. 2010-41, s. 1; 2019-165, s. 1.1.

Effect of Amendments.

Session Laws 2019-165, s. 1.1, effective July 26, 2019, deleted subsection (e).

Article 2. North Carolina Postsecondary Attainment Goal.

§ 116C-10. North Carolina postsecondary attainment goal.

  1. Findings. —  The General Assembly finds it necessary to set a goal for postsecondary attainment for North Carolina residents to ensure that the State remains economically competitive now and into the future.
  2. Postsecondary Attainment Goal. —  The State shall make significant efforts to increase access to learning and improve the education of more North Carolinians so that, by the year 2030, 2,000,000 residents between the ages of 25 and 44 will have completed a high-quality credential or postsecondary degree.
  3. Rights Not Created. —  The attainment goal established in this section is not to the exclusion of any other goals and does not confer a right or create a claim for any person.

History. 2019-55, s. 1(b).

Editor’s Note.

Session Laws 2019-55 provides in its preamble: “Whereas, the State of North Carolina is one of nine states in the country that does not have a shared postsecondary attainment goal and has less than half the 25- to 44-year-old workforce with a postsecondary degree or certificate; and

“Whereas, the myFutureNC Commission, a statewide group of business, education, and government leaders, recently studied North Carolina’s evolving workforce needs and the alignment between future demands and trends in educational attainment; and

“Whereas, based on that study, the myFutureNC Commission developed an educational attainment goal that will ensure North Carolina remains economically competitive now and into the future; and

“Whereas, to make progress towards that goal, the North Carolina higher education community must improve student outcomes, reduce the time to graduation, and create opportunities that meet the needs of today’s students; and

“Whereas, increasing on-time graduation rates at institutions of higher education and expanding access to high-quality workforce training places more graduates into the workforce more quickly, reduces student debt, and increases the supply of skilled workers in North Carolina, making the State more attractive to businesses to start, expand, or relocate; Now, therefore,”

Session Laws 2019-55, s. 1, provides: “Beginning September 1, 2020, and every September 1 thereafter, the myFutureNC Commission, which is a statewide commission focusing on postsecondary educational attainment in North Carolina, shall report to the General Assembly, as provided by G.S. 120-29.5 , and to the Joint Legislative Education Oversight Committee on the progress of the State reaching the postsecondary attainment goal set forth in G.S. 116C-10 , as enacted by this act, and activities by the Commission to further North Carolina towards the postsecondary attainment goal.”

Session Laws 2019-55, s. 2, made this Article effective June 26, 2019.