RESID. SCHOOL CHANGES.

View NCGA Bill Details2013-2014 Session
House Bill 868 (Public) Filed Thursday, April 11, 2013
A BILL TO BE ENTITLED AN ACT TO REPEAL UNNECESSARY STATUTES, MAKE CONFORMING CHANGES TO THE GENERAL STATUTES, AND CLARIFY OPERATION AND OVERSIGHT OF CERTAIN RESIDENTIAL SCHOOLS FORMERLY GOVERNED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
Intro. by Farmer-Butterfield, Tolson.

Status: Ch. SL 2013-247 (House Action) (Jul 3 2013)

Bill History:

H 868/S.L. 2013-247

Bill Summaries:

  • Summary date: Jul 8 2013 - More information

    AN ACT TO REPEAL UNNECESSARY STATUTES, MAKE CONFORMING CHANGES TO THE GENERAL STATUTES, AND CLARIFY OPERATION AND OVERSIGHT OF CERTAIN RESIDENTIAL SCHOOLS FORMERLY GOVERNED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES. Enacted July 3, 2013. Effective July 3, 2013.


  • Summary date: Jun 13 2013 - More information

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

    Repeals GS 115C-383 regarding school attendance of deaf and sight-impaired children. Also repeals Part 9A, State School for Sight-Impaired Children, of Article 3 of GS Chapter 143B.

    Changes the title of new Article 9C in GS Chapter 115C to Schools for Students with Visual and Hearing Impairments (was, Residential Schools for Visually Impaired and Hearing Impaired Students). Makes the Department of Public Instruction (DPI)responsible for the administration and oversight of schools governed under new Article 9C (was, designated the State Board of Education as responsible for administration and oversight as well as the sole governing agency for these schools).

    Clarifies that except as may be otherwise provided, the requirements of GS Chapter 115C apply to the schools governed by Article 9C (the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf). Limits free tuition, room, and board at a school governed under Article 9C to children who are residents of North Carolina.

    Makes conforming changes to GS 143B-138.1(b). Amends GS 143B-146.1(b) to add a definition for residential school as a school operated by the Department of Health and Human Services (DHHS) that provides residential services to students. Excludes schools operated under new Article 9C of GS Chapter 115C from this definition of residential school for the purposes of this Part. Makes a conforming change to the definition for a participating school.

    Provides that unless they are inconsistent with the provisions of Article 9C of GS Chapter 115C, the rules governing the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf and adopted under former Part 9A or Part 30 of Article 3 of GS Chapter 143B, or any other provisions of Chapter 143B prior to amendment by this act, remain in effect until they are superseded by rules adopted under Article 9C of GS Chapter 115C as enacted by Section 2 of this act.

    Provides that notwithstanding GS 143C-6-4, DPI may reorganize staffing of the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf to meet needed functions (was, authorized the State Board of education to make any needed organizational changes).

    Provides that DHHS may enter into a memorandum of understanding with DPI for DPI to assume responsibility for information technology support and repair and maintenance of grounds and facilities for the schools governed under Article 9C of GS Chapter 115C.

    Directs DPI to study and develop recommendations on educational options, including residential services, for students with visual and hearing impairments. Requires DPI to report its findings and recommendations to the Joint Legislative Education Oversight Committee (Committee)on or before January 1, 2014.

    Before the initial adoption of therules required by Section 2 of this act,directsDPI and the State Board of Education to present a draft of the proposed rules to the Committee on or before January 1, 2014.


  • Summary date: Jun 12 2013 - More information

    Senate committee substitute to the first edition to be summarized.


  • Summary date: Apr 15 2013 - More information

    Deletes Part 30 of GS Chapter 143B, Article 3, which established the state schools for hearing-impaired children in the cities of Wilson and Morganton.

    Enacts a new Article 9C in GS Chapter 115C to make the State Board of Education (SBE) the sole governing agency for the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf collectively identified as the "residential schools" for the purposes of new Article 9C. Directs the SBE to adopt rules to carry out all duties and responsibilities of this article, specifying that the rules should minimallyinclude (1) codes of conduct and appeals provisions for students, (2) policies and procedures for academic performance and academic discipline, and (3) rules settingreasonable fees and charges for extracurricular activities and athletics. Exempts the SBE from the provisions of GS Chapter 150B in adopting these rules but does require the SBE (1) to give notice of the adoption of the rules 30 days in advance of their adoptionand (2) to provide an opportunity for comment by interested parties.

    Amends GS 143B-146.1(b)(4) to define participating schoolto mean a residential school, except as otherwise provided in proposed Article 9C of GS Chapter 115C, that isrequired to participate in the ABCs program.

    Amends GS 143B-146.2(a) to delete requirement that the Governor Morehead School and the schools for the deaf participate in the ABC's Program. Provides that the Secretary of Health and Human Services (Secretary), in consultation with the General Assembly and the SBE, may designate residential schools (was, other residential schools) that must participate in the ABC's program.

    Provides that the Secretaryisto evaluate the principal(was,the Secretary or the Superintendent). Makes it the duty of the principal to notify the Secretary (was, Secretary or Superintendent) of any report made to law enforcement under this section. Deletes requirement that Secretary adopt policies and offer training to ensure that personnel offering direct services to childrenattending schools for the deaf become proficient in sign language. Makes additional conforming changes.

    Provides that unless rules adopted under repealed Article 30or any statutory provisions of GS Chapter 143Bprior to being amended in this actare inconsistent with the provisions of proposed Article 9C, those rules are to remain in effect until they are superseded by rules adopted under Article 9C of GS Chapter 115C as enacted by Section 2 of this act. Confers continued responsibility for maintenance and repair of grounds and facilitiesand providing utilities for the Governor Morehead School on the Department of Health and Human Services (DHHS). Also provides that DHHS is to continue its responsibility for information technology support for the the Eastern NC School for the Deaf, the NC School for the Deaf, and the Governor Morehead School.


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