GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1340

Short Title:  School-Based Accountability.	(Public)
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Sponsors: Representatives Cooper, B. Ethridge; and Bowman.
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Referred to:  Education.
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April 18, 1989

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH A SCHOOL-BASED ACCOUNTABILITY AND FLEXIBILITY PROJECT GRANTS PROGRAM FOR LOCAL SCHOOLS AND SCHOOL ADMINISTRATIVE UNITS.
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 6A.
"School-Based Accountability and Flexibility Grants.
"§ 115C-60.  School-Based Accountability and Flexibility Project Grants Program.
(a)	Objectives.
(1)	The development of educational goals regarding student success and outcomes in individual schools and local school administrative units;
(2)	The assessment of the educational progress of school programs and student success and outcomes;
(3)	The promotion and facilitation of school-based decision making by faculty and administrators of local schools and school administrative units;
(4)	The restructuring of the school workplace to provide educators with responsibilities and authority commensurate with their status as professionals.
(b)	The School-Based Accountability and Flexibility Project Grants Program shall be administered by the State Department of Public Instruction.  Any local school administrative unit may submit an application to the State Department of Public Instruction to receive a grant under the School-Based Accountability and Flexibility Project Grants Program.
(c)	Application. To be eligible for funding, a local school administrative unit's application shall include the following:
(1)	A description of a process to formulate and adopt district and individual school building educational goals regarding student success and outcomes which relate to but are not limited to:
a.	Class size and teaching loads;
b.	Staff turnover;
c.	Teachers assigned out of their area of certification;
d.	Educational measures which take into account the family income and education level of parents;
e.	Ability and willingness of the school district to provide financial support for the schools;
f.	Student progress on school district or State assessments, or both;
g.	Attendance and drop-out rates;
h.	Student conduct and disciplinary actions;
i.	Follow-up measures of student success in post-secondary programs;
j.	Student expectations and attitudes toward learning;
k.	Demonstrated problem-solving, thinking, and decision-making skills;
l.	Creativity and appreciation of creativity;
m.	Concern, respect, understanding, and tolerance for fellow human beings; and
n.	Maintenance and enhancement of the self-esteem and emotional, intellectual, and physical well-being of students.
(2)	A description of how the proposed project will address the identified professional growth needs of educators in the school and local school administrative unit.
(3)	Certification by the local school administrative unit that none of the monies received under this section will be used to supplant expenditures for existing local programs.
(4)	A description of how the local school administrative unit will evaluate the effectiveness of its School-Based Accountability and Flexibility Project based upon established educational goals and learning conditions.
(5)	A written statement of concurrence from the local superintendent, the local school administrative unit council, and the local school council as substantiated by a majority vote of the local project school faculty.
(6)	Any school in a local school administrative unit may apply and participate in the School-Based Accountability and Flexibility Program with the approval of the local school administrative unit council and the State School Based Accountability and Flexibility advisory council. Participation of a local school in the School Based Accountability and Flexibility Program is not contingent upon the participation of all local schools in the same school administrative unit.
(7)	Each project plan shall include strategies for the coordination of education goals with State accreditation standards and methods to meet or exceed the student performance standards contained in those accreditation standards.
(d)	Approval.
(1)	The Superintendent of Public Instruction shall appoint a State School-Based Accountability and Flexibility Project advisory council to establish and monitor rules for the submission and approval of grants under this section.
(2)	The advisory council shall include teachers, administrators, and local school board members selected by their constituent education organizations. Currently employed teachers shall compose a majority of the council membership.
(3)	In the first year of implementation of this section, the deadline for applications submitted by local school administrative units shall be September 1 of the school year for which they are proposed.  The State School-Based Accountability and Flexibility Project advisory council shall review all applications for 1989-90 and shall approve or reject them no later than November 1 of the school year for which they are to be implemented.  Thereafter, the respective application deadlines shall be June 1 and August 1.
(e)	Evaluation. Each project school and local school administrative unit shall conduct an annual evaluation of their project.  The Department of Public Instruction, with the assistance of the State School-Based Accountability and Flexibility Project advisory council, shall be responsible for collecting and compiling a comprehensive evaluation of all local school administrative unit projects under this section and shall report its findings to the General Assembly.
"§ 115C-61.  School and local school administrative unit councils.
(a)	School Councils.
(1)	Each school, by majority vote of the faculty of the school and concurrence of the principal, may apply to the local school administrative unit council to be a school-based accountability project school. A school council shall be established in each project school which shall adopt operating procedures concerning such matters as council agenda, meeting schedules, staff communications, and modes of decision-making.  The operating procedures for the school council shall be submitted to the local school administrative unit council for approval and, upon approval, the school council shall adopt the procedures.  The school council shall meet regularly to address and decide on such matters as: educational goals; school organization and climate; released time for council representatives; classroom instruction; assignment, supervision, evaluation, and development of personnel; student achievement and behavior; community relations; curriculum; and instructional materials.
(2)	Decisions made by the school council may be appealed to the local school administrative unit council by a member or members of the school council who dissented from the decision made, or by any other member of the faculty or administration of the school.  On matters appealed from the local school councils, the decision of the superintendent, with the advice of local school administrative unit council, shall be final.
(3)	Teachers, and administrators who serve on a school council shall be selected by the direct election of peers, through a process described in an administrative unit's grant application, under the following conditions:
a.	A majority of a school council shall be classroom teachers.
b.	The principal of a school or the principal's designee shall be a member of a school council.
c.	The duties of a school council under this act shall include the development of an accountability plan to improve the instructional program and educational outcomes for students.
d.	No later than May 15 of each school year the faculty of each project school shall by a majority vote, decide whether to continue or discontinue the project.
(b)	Local School Administrative Unit Council.  The faculty of project schools within each local school administrative unit in which a school-based accountability and flexibility project is established shall elect a local school administrative unit council, the membership of which shall be proportionately representative of the teaching and administrative staff within the project schools of the local school administrative unit. The local superintendent or his designee shall serve on the local school administrative unit council. The duties and responsibilities of the administrative unit council are as follows:
(1)	Adopt an annual accountability and flexibility plan which specifies measurable educational goals regarding student success and outcomes;
(2)	Specify the strategies, resources, and local school administrative unit structure and timetable which the local school administrative unit will use to achieve such education goals;
(3)	Submit the local school administrative unit accountability and flexibility plan to the local school administrative unit project school faculty for approval by a majority vote prior to implementation; the plan shall also be approved by the local superintendent and the local board of education;
(4)	Develop and implement procedures for the local school administrative unit council's operation;
(5)	Review for approval, and monitor approved school council operating procedures;
(6)	Serve as a review panel on matters appealed from local school councils; and
(7)	Conduct a vote of project school faculty of the local school administrative unit no later than June 15 of each school year in order to determine if the project is to be continued or discontinued.
(c)	Schools or local school administrative units may not adopt procedures, make decisions, or take any action which abrogates the rights of school employees, students, or parents of students, provided by law, by the North Carolina Constitution or by the United States Constitution.
(d)	Schools or local school administrative units may not adopt procedures, make decisions, or take any action which is in conflict with the provisions of North Carolina law, except where waivers or other suspension of the provisions of North Carolina law are applicable and have been granted.  Educators who participate in the school-based accountability and flexibility project may not be subjected to reprisals of any kind as a result of actions, statements, or positions arising from their participation or failure to participate in the project.
(e)	State funds allocated to local school administrative units for staff development shall be used by the local school administrative units to provide staff orientation to school-based accountability and flexibility projects."
Sec. 2.  There is appropriated from the General Fund to the Department of Public Education the sum of six million dollars ($6,000,000) for the 1989-90 fiscal year, and the sum of twelve million dollars ($12,000,000) for the 1990-91 fiscal year, to be allocated to local school administrative units that establish school-based accountability and flexibility projects. Allocations to the local school administrative units shall be made pro rata based upon the number of educators within each local school administrative unit.
Sec. 3.  This act shall become effective July 1, 1989.