ACHIEVEMENT SCHOOL DISTRICT.

Printer-friendly: Click to view
View NCGA Bill Details2015-2016 Session
House Bill 1080 (Public) Filed Tuesday, May 10, 2016
AN ACT TO ESTABLISH THE ACHIEVEMENT SCHOOL DISTRICT.
Intro. by Bryan, Brockman, Bradford.

Status: Ch. SL 2016-110 (House Action) (Jul 22 2016)

SOG comments (1):

Long Title Change

House committee substitute to the 1st edition made a change to the long title. The original title is as follows:

AN ACT TO ESTABLISH THE ACHIEVEMENT SCHOOL DISTRICT, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON ACHIEVEMENT SCHOOL DISTRICTS.

Bill History:

H 1080/S.L. 2016-110

Bill Summaries:

  • Summary date: Jul 28 2016 - View Summary

    AN ACT TO ESTABLISH THE ACHIEVEMENT SCHOOL DISTRICT. Enacted July 22, 2016. Effective July 22, 2016.


  • Summary date: Jun 28 2016 - View Summary

    Senate amendments make the following changes to the 3rd edition.

    Amendment #7 changes subdivision (3) of proposed GS 115C-75.12(a), which includes in the term of a contract with an AS operator of an achievement school an optional extension of the contract by the State Board of Education for three years. Sets out that, if by the end of the five-year contract, the achievement 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 (previously, did not include the requirement that the qualifying school show growth over the term of the contract), the State Board of Education, upon the recommendation of the ASD Superintendent in his or her discretion, may continue the contract with the AS operator for an additional three-year term.

    Amendment #9 adds a new Section 4.5 to direct the State Board of Education to authorize the Charlotte-Mecklenburg (CMS) Board of Education to create an innovation zone among Project LIFT Schools and Beacon Initiative schools, as provided in proposed GS 115C-71.13, for the 2017-18 through 2021-22 school years. Allows the CMS innovation zone to include up to five low-performing schools. Sets out definitions for Project LIFT schools and Beacon Initiative schools for purposes of Section 4.5. Amends the directive to the State Board of Education to contract with an independent research organization to evaluate the implementation and effectiveness of the ASD in turning around low-performing schools beginning in the 2017-18 school year through the 2021-22 school year, including the innovation zone established in Section 4.5 of the act.


  • Summary date: Jun 27 2016 - View Summary

    Senate amendment #6 makes the following changes to the 3rd edition.

    Amends GS 115C-75.8, concerning the selection criteria for Achievement School (AS) operators. Deletes previously specified criteria and provides that the State Board of Education may only select an entity as an AS operator if it demonstrates (1) a record of results in improving performance of persistently low-performing school or improving performance of a substantial number of persistently low-performing students within the school(s) operated by the entity in North Carolina or other states and (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 North Carolina 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 (previously, required a potential AS operator to demonstrate either that (1) the school(s) operated by the entity show a record of improved performance in a substantial number of persistently low-performing schools or (2) the entity has a credible and specific plan for dramatically improving student achievement in low-performing schools, along with evidence that it operated schools with such growth over the prior three years).


  • Summary date: Jun 24 2016 - View Summary

    Senate committee substitute makes the following changes to the 2nd edition.

    Amends the proposed definition of achievement school to mean a qualifying school selected by the State Board of Education (previously, an elementary school) under the supervision of the Achievement School District (ASD).

    Amends proposed GS 115C-75.6, which establishes the ASD, to make a clarifying change to the provisions that set out the process for selecting the superintendent (previously, a superintendent) to serve as an executive officer of ASD. Amends the directive to the State Board of Education (SBE) by removing the language allowing a designee of the SBE to appoint a superintendent to serve as executive officer of the ASD, upon the recommendation of the ASD Superintendent Selection Advisory Committee.

    Amends proposed GS 115C-75.7, concerning the selection of achievement schools (AS), to provide that, after selection by the SBE, the local board of education can determine to either (1) close the selected qualifying school or (2) transfer the school into the ASD (previously included an option to request adoption of the principal turnaround reform model for the school). Makes conforming changes. Authorizes the SBE to delay the transfer of a selected school to the ASD for one year only (previously, one year) upon the recommendation of the ASD Superintendent.

    Amends GS 115C-75.8, concerning the selection of AS operators, to provide that the selected AS operators are encouraged to (previously, required to) hold public informational sessions and other outreach, as specified.

    Adds new subsection (d) to proposed GS 115C-75.8 to set out that the contract between the SBE and AS operator must require, at a minimum, that the AS operator meet the same requirements as established for charter schools in the nine statutes specified.

    Amends proposed GS 115C-75.9, concerning the management of achievement schools, to authorize the local board of education (previously, required the consent of the AS operator) to allow use of the facility by governmental, charitable, civil, or other organizations for activities within the community and retain any funds received for such use for any time the AS 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 AS (previously, did not provide for notice of use of the facility). Adds new subsection to direct the SBE to require applicants for employment with the ASD to be checked for criminal histories, and directs the SBE to provide the criminal history it receives to the ASD Superintendent and AS operator.

    Adds to the clear goals the AS operator is directed to set in proposed GS 115C-75.11, concerning accountability and governance in achievement schools.

    Amends proposed GS 115C-75.13, concerning innovation zones, by adding a new subsection to allow a local board of education to maintain an innovation zone created as provided in subsection (a) for up to five consecutive years. Authorizes the SBE to terminate the innovation zone, as specified, in the following ways: (1) early termination of innovation zone based on performance, (2) nonrenewal of innovation zone based on performance, (3) SBE optional extension of innovation zone for three years, (4) local board of education option to extend innovation zone for three years.

    Deletes the proposed revisions to GS 115C-37B, which established the principal turnaround model for continually low-performing schools or any qualifying school that was not made into an achievement school. Makes conforming changes to the directive to the SBE to contract with an independent organization to evaluate the ASD and other innovation models, as well as appropriations for the principal turnaround reform model grants. Deletes all provisions of Sections 8, 9, and 10 of the previous edition, which directed the SBE to authorize a specific innovation zone and solicit and award pilot innovation zones. Makes conforming changes to the directive to the SBE to contract with an independent organization to evaluate the ASD and other innovation models, as well as appropriations for the principal turnaround reform model grants.


  • Summary date: Jun 1 2016 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Changes the long title of the act.

    Amends GS 115C-75.5(5) by changing the first criteria which a low-performing school may meet to be a qualifying school under Article 7A of GS Chapter 115C. Now, subdivision (a) sets out that the school must have received a school performance score in the lowest 5% of all schools in the prior school year and (1) the school includes all or part of grade kindergarten through fifth, (2) the school did not exceed growth in at least one of the prior three school years and did not meet growth in at least one of the prior three school years, and (3) one of the models established in GS 115C-105.37B for continually low-performing schools had not been adopted for that school for the immediately prior school year.

    Amends GS 115C-75.9(h), concerning achievement school employees, to authorize the ASD Superintendent or the Superintendent's designee (previously, did not provide the option for the Superintendent to have a designee) to 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 before finalizing staffing recommendations.

    Makes technical changes to GS 115C-75.11(a) and (c).

    Amends GS 115C-75.12(a)(2) to change the subdivision's descriptor to Nonrenewal of contract based on performance (previously, Closure of achievement school based on performance). Provides that the State Board of Education will not renew the contract of the AS operator (previously, will close the achievement school) and develop a transition plan to return the school to the local school administrative unit if the circumstances, as specified in subdivision (2), are present. Amends GS 115C-75.12(c), requiring the State Board of Education to make all decisions related to contracts for AS operators no later than May 1, by adding an exception for provisions provided in subdivision (5) of subsection (a) of the statute.

    Makes clarification to GS 115C-75.6(c) and (d), GS 115C-75.10(b), and GS 115C-75.12(a).

    Amends GS 115C-105.37B(a), which sets out the models a local board of education may adopt, in accordance with State Board requirements, if the State Board approves the local board of education's request to reform a school, by changing the third requirement of the principal turnout model provided in subdivision (5) to require consideration by the local board of education of all recommendations of the turnout principal, made in collaboration with the superintendent, with regard to personnel assigned to the school and, to the extent possible, implementation of those recommendations (previously, did not provide for collaboration with the superintendent). Eliminates the requirement of the principal turnout model that required there to be authority for the turnaround principal to select staff assigned to the school. Makes conforming, technical changes to subdivision (5).

    Amends GS 115C-105.37B(a1) by reducing the number of of schools statewide that the State Board of Education can authorize to adopt the principal turnaround model from no more than 10 to no more than 5 schools.

    Deletes the previous language of Section 5 of the act, concerning evaluation of the Achievement School District, and replaces it with the following. Directs the State Board of Education to contract during the 2016-17 school year with an independent research organization to evaluate the implementation and effectiveness of the Achievement School District in turning around low-achieving schools, innovation zones in turning around low-achieving schools, and principal turnaround models in turning around low-achieving schools, as specified by the act. Requires the independent research organization to report its interim findings to the State Board of Education annually no later than February 15, beginning in 2017, and submit a final report no later than February 15, 2023. Directs the State Board of Education to provide the report  of the independent research commission and any recommended legislative changes to the Joint Legislative Education Oversight Committee annually no later than March 1, beginning in 2017 until submission of the final report in 2023.

    Directs the State Board of Education to authorize the Charlotte-Mecklenburg (CMS) Board of Education to create an innovation zone among Project LIFT schools and Beacon Initiative schools as provided in GS 115C-75.13. Authorizes the CMS innovation zone to include up to five low-performing schools. Defines Project LIFT schools and Beacon Initiative schools as they apply to this directive and authorization.

    Directs the State Board of Education to solicit applications for a three-year pilot to authorize two local boards of education to each create an innovation zone, as provided in GS 115C-75.13. Establishes that, notwithstanding GS 115C-75.13, the local board of education cannot be required to transfer a qualifying school to the ASD to be selected for the pilot. Authorizes the two pilot innovation zones to include up to three low-performing schools. Provides that the Board's solicitation of applications is to be no later than November 15, 2016, for a small district innovation zone, to be awarded to a school district with less than 6,000 students, and a medium district innovation zone, to be awarded to a school district with more than 6,001 and less than 20,000 students. Requires the Board to select the two pilot innovation zones no later than January 15, 2017. Requires the two pilot innovation zones to begin operation with the 2017-18 school year and report annually to the Board on the required innovation zone accountability metrics. Requires the Board to report to the Joint Legislative Oversight Committee on the outcomes of the pilot innovation zones by March 15, 2020, and to include recommendations on continuation or expansion of the pilot.

    Makes the appropriation of $400,000 to the Department of Public Instruction (DPI) for 2016-17 fiscal year in recurring funds (previously, did not provide for recurring funds).

    Makes new appropriation of $500,000 from the General Fund to DPI for the 2016-17 fiscal year to contract with an independent research organization to conduct the evaluation required in Section 5 of the act.


  • Summary date: May 10 2016 - View Summary

    Enacts new Article 7A, titled Achievement School District and Innovation Zones, in GS Chapter 115C, Elementary and Secondary Education. Includes five definitions for use in the Article: achievement school, achievement school district (ASD), achievement school operator (AS operator), ASD superintendent, and qualifying school.  Provides that under the administration of the State Board of Education (SBE), the ASD is established in order to assume supervision, management, and operation of elementary schools that have been selected as achievement schools. Sets out the process for selecting a superintendent to serve as an executive officer of ASD.

    Specifies the selection process for qualifying schools to be included in the ASD, including that the SBE, upon the recommendation of the ASD superintendent, will select no more than five qualifying schools to be transferred to the ASD, provided that the five schools represent geographic diversity, including urban and rural schools. Establishes a selection process based on an analysis of performance of a particular school over the most recent three-year period. Also included in the process are public hearings. Provides that the ASD superintendent must identify the chosen schools by November 15, with the SBE selecting the final schools no later than January 15.

    Provides that after selection by the SBE, the local board of education can determine to either (1) close the selected qualifying school, (2) transfer the school into the ASD, or (3) request adoption of the principal turnaround reform model for the school. Requires the local board to hold public hearings in regards to the final decision, with the local board adopting a resolution by March 1 in regards to the final decision.

    Establishes the selection process by which the SBE selects an AS operator for prospective achievement schools. Provides that the SBE, on the recommendation of the AS superintendent, can select an entity as an AS operator only after the entity has demonstrated either that (1) the school(s) operated by the entity show a record of improved performance in a substantial number of persistently low-performing schools or (2) the entity has a credible and specific plan for dramatically improving student achievement in low-performing schools, along with evidence that it operated schools with such growth over the prior three years. Further provides that once selected, an AS operator will have direct management over an achievement school for the period of a five-year contract, with a direct role in decisions about finance, human capital, curriculum, and instruction.

    Provides that the schools, once chosen as an achievement school, remain open with enrollment as was established prior to the transfer. Also sets out certain facility and capital expenditure expectations, including that the local board of education remains responsible for facility and capital expenditures at the school.

    Sets out procedures and understandings covering various aspects of school operation, including procedures for transportation, student records, procedures for the selection of employees, or the employment of employees of the local board of education. Also requires reasonable amounts of liability insurance and that the achievement school participate in the National School Lunch Program.

    Establishes requirements for funding for achievement schools, providing for allocations from the SBE as well as from the local board of education. 

    Sets out accountability and governance requirements for achievement schools, including setting clear goals, empowering and equipping teachers and school leaders, as well as selecting and managing the school's principal.

    Provides that an achievement school must remain under the supervision of the ASD for a minimum of five years by way of a contract with an AS operator. Specifies terms and options that must be included in such a contract, including early termination of contract based on performance, closure of an achievement school based on performance, state board optional extension of contract for three years, AS Operator option to extend contract for three years, and termination of contract based on other grounds. Provides that no achievement school can remain under the supervision of the ASD for more than eight years. Requires the SBE to make all decisions related to contracts for AS operators no later than May 1.

    Establishes the procedure for creating innovation zones, whereby a local board of education that has transferred a qualifying school to the ASD can ask the SBE to create an innovation zone for up to three continually low-performing schools within its local school administrative unit. The SBE must grant such requests. Sets out five requirements that each innovation zone must meet, including the development of a clear and specific plan for improving schools in that innovation zone.

    Amends GS 115C-105.37A concerning low-performing schools, requiring the SBE to report to the superintendent of the ASD on any schools identified as a qualifying school.

    Amends GS 115C-105.37B., Reform of continually low-performing schools, making conforming changes and establishing the principal turnaround model for continually low-performing schools or any qualifying school that was not made into an achievement school. This model is comprised of eight requirements, including replacing the current principal with a turnaround principal, and giving the turnaround principal the authority to select staff assigned to the school. Provides that the SBE can only authorize the principal turnaround model in no more than 10 schools statewide.

    Amends GS 115C-321(a) concerning school employee personnel files, adding language that allows AS operators and the superintendent of the ASD to inspect and examine personnel records of specified employees.

    Requires the SBE to contract with an independent research organization to evaluate the implementation and effectiveness of the ASD at the conclusion of the initial five-year contracts in 2022.  Sets out requirements of the contract and reporting requirements.

    Appropriates $400,000 for 2016-17 from the General Fund to the Department of Public Instruction for salary and benefits for the ASD Superintendent, staff, and other expenses associated with the ASD. State the General Assembly's intent to appropriate $400,000 to the Department of Public Instruction for the 2017‑18 fiscal year and annually thereafter for salary and benefits for the ASD Superintendent, staff, and other expenses associated with the ASD.

    States the General Assembly's intent to appropriate $375,000 for the 2017‑18 fiscal year and annually thereafter to the Department of Public Instruction for principal turnaround reform model grants. Upon appropriation of funds, requires the State Board of Education to award principal turnaround reform model grants of up to $75,000 per fiscal year for five years to local boards of education who (1) have been authorized to adopt the principal turnaround reform model by the State Board for a school and (2) provide a dollar‑for‑dollar match with non‑State funding for the requested grant amount. Requires principal turnaround reform model grants to be used by local boards of education to provide substantial incentives for turnaround principals and to provide additional discretionary funds for use by the turnaround principal to address specific issues in the school.

    State the General Assembly's intent to appropriate $450,000 to the Department of Public Instruction for the 2017‑18 fiscal year and annually thereafter for innovation zone model grants. Upon appropriation of funds, requires the State Board of Education to award innovation zone model grants of up to $150,000 per fiscal year for five years to local boards of education who (1) have been authorized to adopt the innovation zone model by the State Board for up to three schools and (1) provide a dollar‑for‑dollar match with non‑State funding for the requested grant amount. Requires innovation zone model grants to be directed by local boards of educations to the innovation zone office to address specific issues in innovation zone schools.

    Provides that this act becomes effective only if funds are appropriated for the ASD in the Current Operations Appropriations Act of 2016.  Once effective, supervision of achievement schools by the ASD begins with the 2017-18 school year, with the timeline for the selection of achievement schools to take place as specified.