GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1256

Short Title:  Schools of Choice.	(Public)
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Sponsors: Representatives Wood, Pope; Justus, Arnold, and Brubaker.
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Referred to:  Education.
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April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH PUBLIC SCHOOLS OF CHOICE BY ELECTION OF LOCAL BOARDS OF EDUCATION.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 115C of the General Statutes is amended by adding a new Article to read:
“ARTICLE 8A.
"Public Schools of Choice.
"§ 115C-105.1.  Short title.
This Article shall be known and may be cited as the ‘North Carolina Public Schools of Choice Act of 1990.'
"§ 115C-105.2.  Purpose.
The General Assembly finds that parental involvement in the education of children has a significant and beneficial impact on the academic progress of such children; that the public school system in North Carolina should be structured in such a manner as to facilitate and encourage parental involvement; that allowing parents to choose which schools their children attend will result in greater parental involvement in and greater parental satisfaction with the public school system, that allowing such choice will result in increased diversity among public schools as they attempt to attract children with differing educational needs; that the resulting diversity will involve schoolteachers and administrators in the development and implementation of programs within the schools which effectively utilize their talents; and that such diversity will improve the quality of the public schools for the benefit of the children, the parents, the teachers and administrators, and the State of North Carolina as a whole.
"§ 115C-105.3.  Definitions.
As used in this Article, unless the context requires otherwise:
(1)	‘Inter-district participating school district' means a school district in which the local board of education has elected to participate pursuant to the provisions of G.S. 115C-105.4 and in which a pupil who makes an application pursuant to the provisions of this Article does not reside.
(2)	‘Intra-district participating school district' means a school district in which the local board of education has elected to participate pursuant to the provisions of G.S. 115C-105.15.
(3)	‘Resident school district' means a school district in which a pupil who makes an application pursuant to the provisions of this Article resides.
(4)	‘School district' means a local school administrative unit as defined in G.S.115C-66.
(5)	‘Parent' means the parent or guardian of, or a person standing in loco parentis to, a pupil who makes application to enroll in a school or program in an inter-district or intra-district participating school district pursuant to this Article.
"§ 115C-105.4.  Choice of school districts, programs, and schools; inter-district and intra-district voluntary participation.
(a)	Every local board of education shall determine by resolution whether to participate in the Public Schools of Choice Act established under this Article. A local board may elect to participate at the inter-district or intra-district participating school district level, or at both levels, or to not participate at all. Upon making its determination, the local board shall notify the Department of Public Instruction of its decision and shall include with the notification a copy of the resolution adopted by the local board.  Notification of participation for school year 1990-91 shall be made to the Department of Public Instruction not later than June 15, 1990. Notification of participation for school years 1991-92 and beyond shall be made not later than January 15 of each year. Local boards electing to participate in the Public Schools of Choice Act shall comply with the applicable provisions of this Article.
(b)	Except as otherwise provided in this Article, every inter-district and intra-district participating school district shall allow pupils who apply pursuant to the provisions of G.S. 115C-105.5 or G.S. 115C-105.15, as appropriate, to enroll in the programs and schools of the participating school district.
"§ 115C-105.5.  Nonresident pupil; inter-school district enrollment.
Any pupil within a resident school district may enroll in an inter-district participating school district. The parent of a pupil shall apply to the inter-district participating school district on a form provided by the Department of Public Instruction.  If a nonresident pupil has a preference to attend a particular program or school within the inter-district participating school district, the application shall state the program or school preference of the pupil.  Except as otherwise provided in G.S. 115C-105.8 and this section, the application shall be submitted to the inter-district participating school district by February 15 of each year for enrollment during the subsequent academic year.  For the 1990-91 academic year, an application shall be submitted to the inter-district participating school district by July 1, 1990.
"§ 115C-105.6.  Inter-district participating school district; notice procedures.
(a)	Within 10 days after receiving an application made pursuant to G.S. 115C-105.5, an inter-district participating school district shall notify the resident school district that said inter-district participating school district has received an application from a pupil within the resident school district.
(b)	Except as otherwise provided in G.S. 115C-105.8 and this subsection, the inter-district participating school district shall notify the parent and the resident school district by March 15 of each year whether the application has been approved or denied.  For the 1990-91 academic year, such notification shall be made by July 10, 1990.
"§ 115C-105.7.  Inter-district participating school districts; procedures for approval and denial of applications for inter-school district enrollment.
(a)	Each inter-district participating school district shall adopt criteria for the approval and denial of applications made pursuant to G.S. 115C-105.5.  Such criteria shall include a preference for applications made pursuant to G.S. 115C-105.16 and a preference for applications made by pupils who have had applications approved by the inter-district participating school district for previous academic years.
(b)	An inter-district participating school district may deny an application made pursuant to G.S. 115C-105.5 for the following reasons:
(1)	Lack of space within the inter-district participating school district;
(2)	Lack of space within a particular program or school requested;
(3)	A court-approved desegregation plan that is in effect for the inter-district participating school district; or
(4)	An increase in enrollment in the inter-district participating school district during the current budget year which qualifies for additional State support pursuant to G.S. 115C-105.16.
(c)	Except as otherwise provided in G.S. 115C-105.8 and subsection (a) of this section, if the number of applications submitted exceeds the amount of space available in an inter-district participating school district or in a particular program or school within an inter-district participating school district, such inter-district participating school district shall select at random the number of applications for which there is space available in such school district or in such particular program or school within such school district.  For purposes of this subsection, applications made by pupils who have the same parent shall be treated as one application.
"§ 115C-105.8.  Desegregation plan; inter-district participating school district procedures.
(a)	An inter-district participating school district which has a court-approved desegregation plan may limit the number of pupils who transfer into such inter-district participating school district and who transfer into particular programs and schools within such inter-district participating school district pursuant to G.S. 115C-105.4.
(b)	Except as otherwise provided in this subsection, an application to transfer into an inter-district participating school district that has a court-approved desegregation plan shall be submitted to the inter-district participating school district by March 1 of each year for enrollment during the following academic year.  For the 1990-91 academic year, an application shall be submitted by July 1, 1990.
(c)	If approval of all of the applications would result in the inter-district participating school district being out of compliance with its court-approved desegregation plan, the inter-district participating school district shall establish the number of majority and minority group pupils who may transfer into such inter-district participating school district and who may transfer into particular programs and schools of such inter-district participating school district.  The inter-district participating school district may approve or deny the applications in a manner that will enable compliance with the court-approved desegregation plan.  Except as otherwise provided in this subsection, the inter-district participating school district shall notify the parent by March 20 of each year whether the application of the pupil has been approved or denied.  For the 1990-91 academic year, notification shall be made by July 10, 1990.
"§ 115C-105.9.  Inter-district participating school districts; increased enrollment; denial of application.
Inter-district participating school districts that have an increase in enrollment during the current budget year and that qualify for additional State support may deny applications made pursuant to G.S. 115C-105.5 on the basis of the impact of such growth on the inter-district participating school districts.
"§ 115C-105.10. Parent's duty after notice of acceptance.
Within 10 days after receiving notification from an inter-district participating school district of the acceptance of an application made pursuant to G.S. 115C-105.5, the parent or legal guardian shall notify the inter-district participating school district whether the pupil intends to enroll in said school district for the subsequent academic year pursuant to the terms of the approved application.
"§ 115C-105.11.  Credits; graduation.
(a)	A pupil who has been enrolled full-time in an inter-district participating school district and who has met the graduation requirements of the inter-district participating school district shall be granted a diploma by the inter-district participating school district.  The inter-district participating school district shall accept credits earned by a nonresident pupil in another school district toward the graduation requirements of the inter-district participating school district.
(b)	A pupil who has been enrolled part-time in an inter-district participating school district and part-time in a resident school district and who  has met the graduation requirements of the resident school district shall be granted a diploma by the resident school district.  The resident school district shall accept credits earned by a resident pupil in an inter-district participating school district toward graduation requirements of the resident school district.
"§ 115C-105.12.  Pupil enrolled in inter-district participating school district; inclusion in enrollment count.
Any nonresident pupil who is enrolled full-time in an inter-district participating school district shall be included in the pupil enrollment of such inter-district participating school district.
"§ 115C-105.13.  Fees; nonresident students.
No inter-district participating school district which has accepted nonresident pupils to enroll in such inter-district participating school district pursuant to G.S. 115C-105.4 may charge such nonresident pupils any fees which are not charged to the resident pupils of such inter-district participating school district.  In addition, no inter-district participating school district may charge such nonresident pupils a fee which is in an amount greater than the amount of the fee charged to resident pupils.
"§ 115C-105.14. Inter-district and intra-district transportation.
(a)	Except as otherwise provided in this Article, it shall be the responsibility of the parent of a pupil enrolled pursuant to G.S. 115C-105.4 in a participating school district to provide and to pay for transporting such pupil to and from the appropriate participating school.  The participating school district in which such pupil is enrolled shall provide transportation for the pupil within the school district from bus stops on transportation routes established for pupils who reside in the school district and attend the same school in which the pupil is enrolled and on which there is space available.  Inter-district and intra-district participating school districts shall not be required to provide transportation for pupils enrolled in the participating school district if there is no space available on the participating district's transportation routes.  No school district shall be required to provide or to pay for transportation between the residence of a pupil enrolled pursuant to G.S. 115C-105.4 and the transportation routes of the school in the participating school district in which the pupil is enrolled.
(b)	Financial assistance for transportation costs incurred by the parent of a low-income pupil enrolled in a participating school pursuant to G.S. 115C-105.4 shall be provided to such parent based on the availability of federal funds.  No State funds may be used to provide financial assistance for such transportation costs incurred.  The determination of whether a pupil qualifies for assistance pursuant to the provisions of this subsection shall be based upon the eligibility of such pupil for federally funded lunch programs.
"§ 115C-105.15.  Resident pupil; intra-school district enrollment.
Any pupil who resides in an intra-district participating school district may enroll in a particular program or school within such school district.  To enroll in a particular program or school within an intra-district participating school district other than the program or school which such pupil would be enrolled in pursuant to the rules and regulations of such school district, the parent of the pupil shall apply to the intra-district participating school district on a form provided by the Department of Public Instruction.  Such application shall state the program or school preference of such pupil.  Except as otherwise provided in G.S. 115C-105.18 and this section, the application shall be submitted to the intra-district participating school district by February 15 of each year for enrollment during the subsequent academic year.  For the 1990-91 academic year, an application shall be submitted to the intra-district participating school district by July 1, 1990.
"§ 115C-105.16.  Intra-district participating school district; notice procedures.
Except as otherwise provided in G.S. 115C-105.18 and this section, the intra-district participating school district shall notify the parent by March 15 of each year as to whether the parent's application made pursuant to G.S. 115C-105.15 has been approved or denied.  For the 1990-91 academic year, such notification shall be made by July 10, 1990.
"§ 115C-105.17.  Intra-district participating school districts; procedures for approval and denial of applications for intra-school district enrollment.
(a)	Each intra-district participating school district shall adopt criteria for the approval and denial of applications made pursuant to G.S. 115C-105.15.  Such criteria shall include a preference for applications made by pupils who have had applications approved by the intra-district participating school district for previous academic years.
(b)	An intra-district participating school district may deny an application made pursuant to G.S. 115C-105.15 for the following reasons:
(1)	Lack of space within a particular program or school requested; or
(2)	A court-approved desegregation plan that is in effect for the intra-district participating school district.
(c)	Except as otherwise provided in G.S. 115C-105.18 and subsection (a) of this section, if the number of applications submitted exceeds the amount of space available in a particular program or school within an intra-district participating school district, the intra-district participating school district shall select at random the number of applications for which there is space available in the particular program or school within such intra-district participating school district.  For purposes of this subsection, applications made by pupils who have the same parent shall be treated as one application.
"§ 115C-105.18.  Desegregation plan; intra-district participating school district procedures.
(a)	An intra-district participating school district which has a court-approved desegregation plan may limit the number of pupils who transfer into and out of particular programs and schools within such intra-district participating school district.  (b)	Except as otherwise provided in this subsection, an application to transfer into or out of particular programs and schools of an intra-district participating school district which has a court-approved desegregation plan shall be submitted to the intra-district participating school district by March 1 of each year for enrollment during the following academic year.  For the 1990-91 academic year, an application shall be submitted by July 1, 1990.
(c)	If approval of all of the applications would result in the intra-district participating school district being out of compliance with its court-approved desegregation plan, the intra-district participating school district shall establish the number of majority and minority group pupils who may transfer into or out of particular programs and schools of such intra-district participating school district.  The intra-district participating school district may approve or deny the applications in a manner that will enable compliance with the court-approved desegregation plan.  Except as otherwise provided in this subsection, the intra-district participating school district shall notify the parent by March 20 of each year whether the application of the pupil has been approved or denied.  For the 1990-91 academic year, notification shall be made by July 10, 1990.
"§ 115C-105.19. Parent's duty upon receipt of notice of acceptance.
Within 10 days after receiving notification from an intra-district participating school district of the acceptance of an application made pursuant to G.S. 115C-105.15, the parent shall notify the intra-district participating school district whether the pupil intends to enroll in the particular school or program in said intra-district participating school district for the subsequent academic year pursuant to the terms of the approved application.  Failure to give notice pursuant to the provisions of this section shall result in the relinquishment of all rights of the pupil to enroll in such school or program within the intra-district participating school district for the subsequent academic year pursuant to the terms of the approved application.
"§ 115C-105.20.  Distribution of information.
Every school district shall make information available about the school district and its schools, programs, graduation requirements, policies, and procedures to all interested persons.
"§ 115C-105.21.  Cooperative agreements; school districts; shared programs.
In order to promote the availability of diverse programs and the efficient use of resources, any school district may enter into cooperative agreements with other school districts to plan, develop, administer, and provide programs which are shared by such school districts.  School districts are encouraged to adopt policies regarding the enrollment of pupils in such shared programs in order to facilitate pupil access to programs shared by school districts pursuant to the provisions of this section.
"§ 115C-105.22. Variance from Basic Education Plan.
Notwithstanding G.S. 115C-81, any local school board that  elects to be an inter-district participating school district or intra-district participating school district as defined under this Article, may also elect to vary from the Basic Education Program.  The resolution making the election shall contain a statement of the proposed variance, the justification therefor, the fiscal and educational implications thereof and the objectives sought to be obtained thereby."
Sec. 2.  G.S. 115C-12(9) reads as rewritten:
	"(9) Miscellaneous Powers and Duties. – All the powers and duties exercised by the State Board of Education shall be in conformity with the Constitution and subject to such laws as may be enacted from time to time by the General Assembly. Among such duties are:
a.	To certify and regulate the grade and salary of teachers and other school employees.
b.	To adopt and supply textbooks.
c.	To adopt rules requiring all local boards of education to implement the Basic Education Program and any variances therefrom approved pursuant to G.S. 115C-105.22 on an incremental basis within funds appropriated for that purpose by the General Assembly and by units of local government.
		The Board shall develop a State accreditation program that meets or exceeds the standards and requirements of the Basic Education Program. The Board shall require each local school administrative unit to comply with the State accreditation program to the extent that funds have been made available to the local school administrative unit for implementation of the Basic Education Program.
  The Board shall use the State accreditation program to monitor the implementation of the Basic Education Program.
d.	To formulate rules and regulations for the enforcement of the compulsory attendance law.
e.	To manage and operate a system of insurance for public school property, as provided in Article 38 of this Chapter.
		In making substantial policy changes in administration, curriculum, or programs the Board should conduct hearings throughout the regions of the State, whenever feasible, in order that the public may be heard regarding these matters."
Sec. 3. G.S. 115C-47(12) reads as rewritten:
"(12)	To Implement the Basic Education Program. – Except with regard to variances granted pursuant to G.S. 115C-105.22, local boards of education shall implement the Basic Education Program in accordance with rules adopted by the State Board. This implementation shall include provision for the efficient teaching of the course content required by the standard course of study."
Sec. 4. Effective when the components of the standard course of study have been fully incorporated and implemented as part of the Basic Education Program, G.S. 115C-47(12), as amended by Section 3 of this act, reads as rewritten:
"(12)	To implement the Basic Education Program. – Except with regard to variances granted pursuant to G.S. 115C-105.22, local boards of education shall implement the Basic Education Program in accordance with rules adopted by the State Board.  This implementation shall include provision for the efficient teaching of the course content required by the Basic Education Program."
Sec. 5. This act is effective upon ratification.