Bill Summary for H 868 (2013-2014)

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Summary date: 

Apr 15 2013
S.L. 2013-247

Bill Information:

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.

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Bill summary

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.