View NCGA Bill Details2013-2014 Session
House Bill 960 (Public) Filed Wednesday, April 17, 2013
Intro. by Elmore.

Status: Ref To Com On Education (House Action) (Apr 18 2013)

Bill History:

H 960

Bill Summaries:

  • Summary date: Apr 22 2013 - More information

    Enacts new subchapter 3A, Innovation Through Local Schools, in GS Chapter 115C. The subchapter includes new Article 7A, Curriculum Implementation Plans. Requires local school administrative units to develop curriculum implementation plans that include (1) the mission and belief statements of the local school administrative unit; (2) a curriculum in addition to the basic state curriculum that includes information on locally developed courses, a plan for alternative learning programs or alternative schools, and a plan to provide extended services programs that will expand opportunities for success through access to instructional program during nonschool hours; (3) an instructional model; (4) a formative/summative assessment and evaluation component that includes specified items; (5) resources/capital improvement plan/budget that includes specified items; (6) community communications that consist of specified items and reports, including an annual report on acts of violence in the schools; (7) a statement of local economic impact; and (8) reflections, to be reviewed annually, that include an analysis of local student performance and national test data, as well as ideas for future programing. Sets out the local board of education's duties with regard to the curriculum innovation plan, including developing a curriculum innovation plan every five years in collaboration with the local superintendent, updating the plan annually, and ensuring that the plan is readily available to the general public. Requires that the plans be submitted to the State Board of Education (State Board) for approval. The State Board is to approve a plan unless the Board determines that it is not instructionally sound, upon which the local unit will be allowed to modify and resubmit the plan. Provides for when the Superintendent must send an auditing team to a local school administrative unit. Allows the State Board to revoke approval of a curriculum implementation plan if the unit is not property implementing the plan, test results indicate that the plan is not working, there are fiscal irregularities, or otherwise in the Board's discretion. Requires local boards of education to implement curriculum implementation plans beginning with the 2014-15 school year.

    Repeals GS 115C-11(e), concerning voting on the adoption of textbooks.

    Amends the powers of the State Board in GS 115C-12 as follows. Provides that the State Board must provide an analysis relating to each of its budget requests (was, limited required analysis to each of its request for expansion funds to anticipated improvements in school performance). Deletes the 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. Deletes the power to adopt and supply textbooks. Deletes the power to adopt rules requiring all local boards to implement the Basic Education Program. Deletes the provision requiring that the school performance score and grade on the annual report card reflect student performance on annual subject specific assessments, and requires instead that it reflect student performance assessments. Deletes the duties of developing a system of school building improvement reports for each school building, to implement and enforce the School Based Management and Accountability Program, and to manage and operate a system of insurance for public school property. Deletes provisions concerning revising content standards and the standard course of study; deletes the requirements for high school course content standards. Also deletes the requirement that the State Board 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. Deletes the State Board's powers to provide for programs and projects in the cultural and fine arts areas, to provide for sports medicine and emergency paramedical programs, and to develop noncertified personnel position evaluation descriptions. Deletes provisions concerning the State Board's power to adopt salary schedules for support personnel. Deletes power to implement a Uniform Education Reporting System. Deletes the duty to identify required reports and to eliminate unnecessary reports and paperwork. Deletes duties to monitor acts of school violence and to monitor the decisions of teachers to leave the profession. Requires local school administrative units, instead of the individual schools, to adopt specific emergency action plans for dealing with injuries and medication conditions during interscholastic athletic activities. Deletes the State Board's duty to develop standards for alternative learning programs, provide assistance in implementing the programs, and evaluating programs. Deletes the duty to report to the Joint Legislative Oversight Committee. Deletes duty to develop a statewide plan to improve tracking dropout data. Deletes the duty to adopt guidelines and policies for establishing local task forces on closing the academic achievement gap. Deletes the requirement of creating assistance models based on school meeting adequate yearly progress. Deletes the duty to adopt guidelines for individual diabetes care plans. Deletes the duty of encouraging early entry into four-year college programs. Deletes the duty to develop recommended programs for use in schools on Memorial Day. Deletes the duty to protect child from toxicants at school and to adopt guidelines for fitness testing. Deletes the power to accredit schools.

    Repeals GS 115C-16 (Authorization for school uniform pilot program) and GS 115C-17 (Rulemaking to implement ABC's Plan).

    Amends GS 115C-21 to amend the Superintendent of Public Instruction's powers by deleting an outdated reference. Deletes the duty to communicate information and instruction regarding instructional policies and procedures adopted by the State Board of Education.

    Repeals GS 115C-39 (Suspension of duties by State Board).

    Amends GS 115C-47 to amend the powers and duties of the local boards of education as follows. Deletes the requirement that local boards research and special projects be approved by the State Board and the Department of Public Instruction (DPI). Deletes the requirement that local boards apply to the State Board for additional personnel or for a waiver of the class size requirements. Deletes the requirement to implement the Basic Education Program. Deletes the authority to employ assistant superintendents and supervisors. Deletes power to make rules governing the conduct of teachers, principals, and supervisors. Deletes references to a paperwork control committee. Deletes the power to adopt rules and policies limiting the noninstructional duties of teachers. Deletes the power to approve the assignment of duties to an assistant principal and to provide for training of teachers. Deletes the ability to enter guaranteed energy savings contracts for energy conservation measures. Deletes the authority to appoint advisory councils. Deletes requirement to determine the hours of employment for teachers assistants. Deletes the requirement to refer students to school services including extended day programs. Requires local boards to adopt policies that define what constitutes an alternative school and an alternative learning program. Limits the use of teachers for alternative learning programs to those programs. Requires a report to the State Board on how funds in the Alternative Schools/At-Risk Student allotment are spent. Makes conforming deletions of provisions concerning alternative education. Makes conforming changes concerning adoption of text books. Deletes the requirement to develop guidelines relating to after-school employment. Deletes provisions concerning designating individuals as contacts for local businesses and concerning job shadowing. Deletes requirement to produce school building improvement reports and to report all acts of school violence. Deletes requirement of encouraging recycling. Deletes provision concerning policies requiring superintendents to assign teachers with four years of teaching experience and having a rating of above standard to the core academic courses. Deletes ability to adopt policies and procedures authorizing schools to use unlicensed health care personnel to perform technical aspects of medication administration. Deletes provisions concerning use of pesticides, removal of mercury, exposure to diesel exhaust fumes, providing information on cervical cancer and other diseases and related vaccines, and providing information on lawfully abandoning a newborn. Deletes provisions on programs for successful transition between middle and high school, on increasing parental involvement in student achievement and graduation prep, reducing suspension and expulsion rates, and encouraging student voter registration and preparation. Requires adopting policies directing school guidance counselors to make ninth graders aware of the potential to complete high school courses required for college in three years. Requires local boards to develop recommended programs for use on Memorial Day.

    Repeals Article 6 (allowing a board of education to appoint an advisory council for any school) of GS Chapter 115C.

    Repeals GS 115C-67 through GS 115C-68.3, concerning merging of school administrative units.

    Amends GS 115C-81 to amend the provisions of the Basic Education Program as follows. Deletes references to the roles of the State Board and DPI in alcohol and drug use prevention education. Also limits the State Board's role in conflict resolution and mediation models. Deletes reference to approved textbooks. Deletes references to the role of DPI in civic literacy and deletes the requirement that the State Board require high school tests to include questions related to philosophical foundations of our form of government and underlying principals of related documents. Gives local school administrative units discretion over character education and personal financial literacy.

    Amends GS 115C-81.1 to no longer require that priority be given to funding capital needs.

    Amends GS 115C-83.6 to remove the requirement that assessments be made available by the State Board and deletes the requirement that assessments yield data that can be used with EVAAS.

    Amends GS 115C-83.7 to remove reference to State Board establishment of a reading portfolio and review process.

    Amends GS 115C-83.10 to change the date that specified information be submitted to the State Board from September 1 to July 1. Deletes the requirement that the State Board develop a uniform reporting format.

    Amends GS 115C-84.2 to replace references to the "school improvement plan" with "curriculum implementation plan." Deletes requirement for the principal to work with the school improvement team to determine the scheduling of teacher workdays and additional instructional days.

    Repeals GS 115C-85 through GS 115C-91 (concerning State Board selection of textbooks and the Textbook Commission). Amends GS 115C-92 to give the local boards of education the power, after consulting with the superintendent, to select and adopt textbooks. Repeals GS 115C-93 (concerning the Attorney General bringing suit against any publisher). Repeals GS 115C-95 (Sale of books at lower price reduces price to the state). Makes conforming changes related to authority over textbooks to GS 115C-94, GS 115C-96, GS 115C-98 (also adds reference to digital learning hardware and software), GS 115C-102, and GS 115C-102.6A.

    Repeals Part 5 (Interstate Compact on Education) of Article 8 of GS Chapter 115C. Requires the Governor to give notice to other party states of the repeal.

    Amends GS 115C-105.20 to require the State Board to adopt guidelines in order to support local boards and schools that are not meeting either the goals of the curriculum implementation plans or their academic performance standards. Makes conforming and clarifying changes. Amends GS 115C-105.21 to require local school administrative units to participate in the School Based Management and Accountability Program in accordance with their curriculum implementation plan. Replaces references to a "school improvement plan" with a "curriculum implementation plan" in GS 115C-105.25 and GS 115C-105.26. Removes references to transferring funds for staff development and into the central office allotment category. Deletes GS 115C-105.27 (development and approval of school improvement plan) and GS 115C-105.30 (distribution of staff development funds). Amends GS 115C-105.32 to encourage schools to include a comprehensive parent involvement program and review the need for a comprehensive conflict resolution program as part of the curriculum implementation plan; deletes other provisions related to the State Board's role in those programs. Amends GS 115C-105.33 to delete provision allowing a school improvement team or a parent organization to ask the local board for assistance concerning safety and an orderly learning environment. Replaces the term "assistance team" with "auditing team." Makes conforming changes to GS 115C-105.35, removing the State Board's role in developing accountability systems. Deletes GS 115C-105.36 (performance recognition). Amends GS 115C-105.37 to provide that low-performing schools are those that fail to meet the minimum growth standards based on tests administered under GS 115C-174.11. Deletes provision concerning written notification from the State Board. Amends GS 115C-105.37A to remove provision concerning the school improvement plan and adds requirement concerning review of the curriculum implementation plan. Amends GS 115C-105.37B to require that the adopted model be included in the curriculum implementation plan. Amends GS 115C-105.38 to allow assigning an auditing team to any school or local unit that the State Board deems necessary. Allows the State Board to assume local board duties upon deeming there to be serious deficiencies in the curriculum implementation plan or its implementation. Makes conforming changes. Deletes GS 115C-105.38A (Teacher competency assurance). Amends GS 115C-105.39 (Dismissal or removal of personnel; appointment of interim superintendent) to allow the State Board to proceed under the statute to dismiss or remove personnel if there are serious deficiencies in a curriculum implementation plan or its implementation. Deletes GS 115C-105.40 (Student academic performance standards).

    Repeals GS 115C-105.46 (making it a State Board responsibility to adopt policies that define who is an at‑risk student).

    Amends GS 115C-105.47A to require local units (was, local boards) to develop a plan (was, proposal), before establishing alternative learning programs or alternative schools, to implement the program or school that includes the specified items. Amends the items to be included. Requires the plan to be included in the curriculum implementation plan.

    Amends GS 115C-105.48 to require a referring school to review the reasons for referring the student to an alternative school or an alternative learning program and all relevant records with the parents before making the referral.

    Amends GS 115C-152 to allow local boards to provide appropriate definitions to other vocational and technical education programs, services, and activities in grades 6-12 not otherwise included in this part.

    Amends GS 115C-174.11 to delete provision concerning assessment instruments for kindergarten, first, second, and third grades. Requires the State Board to require local boards to administer specified tests, including nationally accepted tests for grades three through five that are designed to measure progress toward reading, communication skills, and math; pre-ACT in grades 8-11; ACT in grades 9-12; and other tests required by federal law. Deletes other State Board responsibilities in the statute and makes conforming changes.

    Amends GS 115C-174.12 to delete specified components of the State Board's policies and guidelines for minimizing the time students spend taking tests and for minimizing the frequency of field testing at one grade. Deletes provisions concerning an Advisory Council on Testing. Deletes provision concerning notification of field tests to be administered during the school year.

    Repeals GS 115C-174.18 (Opportunity to take Preliminary Scholastic Aptitude Test).

    Repeals GS 115C-203 through GS 115C-209 concerning the Community Schools Act.

    Repeals Article 13A, State Advisory Council on Indian Education.

    Repeals GS 115-231 (Adult education programs; tuition; limitation of enrollment of pupils over 21).

    Amends GS 115C-233 to delete the requirement that summer school be conducted in accordance with State Board standards, leaving administration to local boards.

    Amends GS 115C-238.31 to allow extended services to be incorporated into the curriculum implementation plans.

    Repeals GS 115C-238.33 (Plan for effective use of fiscal resources; comprehensive plan to implement extended services programs).

    Amends GS 115C-238.50 to delete the requirement that innovative high school programs target specified groups. Amends the requirements to be included in plans.

    Amends GS 115C-238.50A to amend the definition of cooperative innovative high school to require that it be approved by the local board instead of the State Board, delete the 100-student-per-grade level cap, and to no longer require that a high school diploma and specified higher education programs be completed in five years.

    Repeals GS 115C-238.51 and GS 115C-238.51A (application and approval process for innovative high schools).

    Repeals GS 115C-238.52(b), listing duties of educational partners that participate in developing a cooperative innovative high school.

    Makes conforming changes to GS 115C-238.53.

    Amends GS 115C-238.54 to provide that students in cooperative innovative high schools that have community college partners are to be included in calculations of budget full-time equivalent students for the NC Community College System only to the extent that the General Assembly appropriates funds for this purpose. Places limitations on and makes similar changes for those high schools that partner with private colleges.

    Amends GS 115C-238.55 to provide that success of cooperative innovative high schools is measured by tests administered according to GS 115C-174.11.  Expands reporting to require report to all entities providing funding.

    Amends GS 115C-238.61 to delete the term "first generation student" and to delete reference to the State Board in the definition of participating units. Provides that regional schools may include grades six (was, seven) through eight.

    Amends GS 115C-238.62 to provide that after receiving the required request and with the approval of the regional school board of directors, the local board may join the existing regional school.

    Amends GS 115C-238.63 to remove references to a parent advisory council.

    Amends GS 115C-238.66 to require the standard course of study for the regional school to meet at least basic standards adopted by the State Board and the chapter's student performance standards.

    Amends GS 115C-238.68 to remove the ability of the State Board to waive requirements on how many teachers must hold teacher certificates.

    Repeals GS 115C-238.69 (Parent Advisory Council; purpose; appointments).

    Amends GS 115C-264.2 to delete specified limitations on the sale of vending machine beverages and on snack vending.

    Amends GS 115C-271 to delete the requirement that the State Board adopt rules for minimum credentials for a superintendent. Allows a local board to terminate the superintendent's contract before the contract term of employment has expired; deletes conditions that had to be met in order to terminate the contract before the term expired.

    Amends GS 115C-276 to give the superintendent authority to elect all principals, teachers, and other school personnel in the administrative unit and to employ assistant superintendents and supervisors. Also gives the superintendent the power to make rules concerning the conduct and duties of personnel, adopt rules and policies limiting the noninstructional duties assigned to teachers, allow assigning duties to an assistant principal, provide for teacher training, determine the hours for teacher assistants, encourage the designation of high school career development coordinators, adopt policies allowing the use of unlicensed health care personnel to perform the technical aspects of administering medicine to students, and assign principals to school buildings. Requires the superintendent to provide for the development and implementation of annual evaluations of all licensed employees.

    Repeals GS 115C-277 (Office, equipment, and clerical assistance to be provided by board).

    Makes conforming changes to GS 115C-278, GS 115C-284, GS 115C-285, GS 115C-286.1, GS 115C-287.1, GS 115C-289, GS 115C-299, and GS 115C-315.

    Amends GS 115C-288 to remove requirement that a principal give suggestions for the improvement of instruction. Deletes establishment of a school improvement team. Makes conforming changes deleting reference to school improvement plan.

    Effective when the act becomes law, repeals GS 115C-296.2 (National Board for Professional Teaching Standards Certification), except that employees who achieve certification from the NBPTS before October 1, 2013, are to be paid on the NBPTS salary schedule as long as they maintain certification.

    Repeals GS 115C-295.5 and GS 115C-295.6.

    Repeals GS 115C-310 (Teacher assistants engaged in student teaching).

    Amends GS 115C-335 to require local boards to revise and develop uniform performance standards and criteria to be used in the evaluation of certified public school employees.

    Repeals GS 115C-375.4 (Meningococcal Meningitis and Influenza and Their Vaccines).

    Amends GS 115C-407.15 to delete the provision stating that bullying or harassing behavior includes, but is not limited to, acts reasonably perceived as being motivated by any actual or perceived differentiating characteristic such as race; color; religion; ancestry; national origin; gender; socioeconomic status; academic status; gender identity; physical appearance; sexual orientation; mental, physical, developmental, or sensory disability; or by association with a person who has or is perceived to have one or more of these characteristics.

    Amends GS 115C-409 to require prior General Assembly approval concerning funds for any phase of the free public school program which will be beneficial to the operation of the schools.

    Amends GS 115C-451 to prohibit the State Board from approving the curriculum implementation plan of a local school administrative unit that willfully or negligently fails or refuses to comply with these laws and regulations and must revoke its approval for any unit for which it has approved a plan.

    Amends GS 115C-521 to delete the requirement that the School Planning Division approve temporary classrooms. Deletes requirement that a local board seeking to build a new school building submit an analysis on costs of a new school building and renovating the existing building to the state superintendent, to be submitted to the NC Historical Commission. Deletes requirement of participating in the Energy Guidelines for School Design and Construction as well as requirements for considering solar energy systems. Deletes requirements for schools constructed with money loaned or granted by the state to any local school administrative unit. Deletes the provisions concerning plans for science lab areas. Deletes requirement for a clearing house of prototype designs.

    Amends GS 115C-522 to delete the provision allowing the purchase of supplies, equipment, and materials from contracts made by the Department of Administration.

    Amends GS 115C-526, reward for information leading to arrest of persons damaging school property, to increase the reward maximum from $300 to $5,000.

    Amends GS 115C-528 to delete the requirement that computers and related items meet the technical standards in the NC Instructional Technology Plan.

    Changes the repeal date of SL 2006-232, Public-Private Partnerships for Schools, from July 1, 2015, to July 1, 2013.

    Amends GS 115C-546.2 to require moneys credited to the Public School Building Capital Fund pursuant to GS 115C-546.1(b) be allocated to the counties on a per average daily membership basis. Deletes the reporting requirement. Deletes the requirement that money in the Fund allocated for capital projects be matched on the basis of one dollar of local fund for every three state dollars. Requires money transferred into the Fund be allocated for capital projects for school construction projects on a per average daily membership basis; deletes provisions specifying allocations. Allows from July 1, 2013, through June 30, 2016, a county to use money in the Fund to pay for digital learning needs; if the funds are used for digital learning, a portion of the funds must also be used to ensure high quality ongoing professional development for teachers. Effective July 1, 2016, allows a county to use funds for digital learning only if the State Board determines that the local school administrative unit has demonstrated consistent improvement and growth in student outcomes.

    Appropriates $2.2 million for 2013-14 and $2.2 million for 2014-15 from the General Fund to the Department of Public Instruction to assist local school administrative units in the development and implementation of their curriculum implementation plans, to monitor the development of those plans, and for auditing teams.

    Applies beginning with the 2013-14 school year.

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