GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	1 

HOUSE BILL 18*

Short Title:  Save Our Students (S.O.S.) Prog. Funds.  	(Public)
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Sponsors: Representatives G. Miller; Alexander, Alphin, Baddour, Black, Bowman, Burton, Cole, Colton, Crawford, Cummings, Cunningham, Diamont, Easterling, Fitch, Gottovi, Hackney, Hill, Holt, Hunt, H. Hunter, Jarrell, Jeffus, Joye, Kuczmarski, Mavretic, McCrary, Mercer, Moore, Mosley, Ramsey, Redwine, Smith, Spears, Stewart, Sutton, Wainwright, Warner, Wright, and Yongue.
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Referred to:  Children and Youth.
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February 8, 1994

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT THE SAVE OUR STUDENTS (S.O.S.) PROGRAM.
The General Assembly of North Carolina enacts:
Section 1.  The General Assembly finds that:
(1)	The issues of crime and school violence in the State's public schools have been well documented;
(2)	While there is a need to address these issues with a series of immediate strategies, it must be recognized that long-term, preventive solutions are also necessary;
(3)	As part of this long-term program, Governor Hunt has proposed a middle school violence prevention program called Save Our Students (S.O.S.) that is based on the following four fundamental principles:
a.	Middle school-aged children need well-supervised and enriching activities that extend beyond the traditional school day and are designed to enhance self-esteem and improve academic performance.  These activities are powerful, preventive measures for reducing crime and violence;
b.	Efforts to reduce crime and violence among middle school-aged children must be based on shared responsibility involving home, school, and community;
c.	Each local middle school community must design a focused program based on local needs and strong accountability measures; and
d.	In many communities, the middle grades facility may be the primary or only building available for implementing this program.
(4)	The S.O.S. Program will rely on a strong corps of community volunteers who will serve as valuable role models for students and who will connect with these students at a very special time in their lives; and
(5)	Due to the efforts of the community volunteers, many young people will come to understand the importance of discipline, and they will be given hope for the future that may not have been previously present;
therefore, there is appropriated from the General Fund to the Office of the Governor the sum of ten million dollars ($10,000,000) for the 1994-95 fiscal year to implement the Save Our Students (S.O.S.) Program.  Of these funds:
(1)	Up to $7,500,000 shall be used to provide S.O.S. grants for programs for up to 125 middle schools in the State;
(2)	Up to $2,500,000 shall be used to provide S.O.S. grants for (i) programs for schools other than middle schools serving middle school-aged children and (ii) programs offered by community-based entities serving middle school-aged children; and
(3)	Up to $200,000 shall be used to administer the S.O.S. Program.
These funds shall not be used for activities for children who are not middle school-aged children.
A middle school is a public school that contains no grade levels below the sixth grade or above the ninth grade.  Middle school-aged children are children enrolled in grades six, seven, eight, or nine.
Sec. 2. Article 16 of Chapter 115C of the General Statutes is amended by adding a new Part to read:
"Part 8. S.O.S. Program.
"§ 115C-239.  Establishment of program; purpose; goals.
(a)	There is created in the Office of the Governor the Save Our Students (S.O.S.) Program.  The purpose of the program is to award three-year grants to provide high quality, educationally appropriate, after-school activities for middle school-aged children.  These activities shall be designed to enrich and make a positive impact on the lives of middle school-aged children.
(b)	The goals of the program are to:
(1)	Reduce juvenile crime in local communities served by the program;
(2)	Recruit community volunteers to provide positive adult role models for middle school-aged children and to help supervise after-school activities;
(3)	Reduce the number of students identified as 'latchkey' children;
(4)	Improve the academic performance of students participating in the program; and
(5)	Meet the physical, intellectual, emotional, and social needs of students participating in the program and improve their attitudes and behavior.
"§ 115C-239.1.  Definitions.
As used in this Part:
(1)	'Middle school' means a public school that contains no grade levels below the sixth grade or above the ninth grade.
(2)	'Middle school-aged children' means children enrolled in grades six, seven, eight, or nine.
"§ 115C-239.2.  Administration of the program.
(a)	There is created in the Office of the Governor the Save Our Students Commission.  The purpose of the Commission is to administer the S.O.S. Program.
(b)	The Save Our Students Commission shall consist of 17 members appointed as follows:
(1)	One representative of the Office of the Governor appointed by the Governor;
(2)	Two representatives of the Department of Human Resources appointed by the Governor, one from the Division of Child Development and one from the Division of Juvenile Services;
(3)	One representative of the Department of Crime Control and Public Safety appointed by the Governor;
(4)	One representative of the Department of Cultural Resources appointed by the Governor;
(5)	One representative of the Agricultural Extension Services appointed by the Governor;
(6)	One representative of the Child Advocacy Institute appointed by the Governor;
(7)	Two representatives of the North Carolina School-Age Care Coalition appointed by the Governor, one of whom is a nonprofit sector provider and one of whom is a for-profit sector provider;
(8)	One representative of the North Carolina Association for Community Educators appointed by the Governor;
(9)	One representative of the North Carolina League of Middle Level Schools appointed by the Governor;
(10)	One public school teacher appointed by the Governor;
(11)	Two representatives of the Department of Public Instruction appointed by the State Superintendent of Public Instruction;
(12)	One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121;
(13)	One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121; and
(14)	One representative of the Legal Services Division of the Attorney General's Office appointed by the Attorney General.
The initial members of the Commission appointed pursuant to subdivisions (3), (5), (8), (9), and (14) of this subsection, one of the initial members appointed pursuant to subdivision (2) of this subsection, and one of the initial members appointed pursuant to subdivision (7) of this subsection, shall serve for terms expiring July 1, 1997.  The remainder of the initial members shall serve for terms expiring July 1, 1999.  Subsequent appointees shall serve for four-year terms expiring on July 1.
Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122. Other vacancies shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
The Governor may remove any member of the Commission from office in accordance with the provisions of G.S. 143B-16.
(c)	The duties of the Save Our Students Commission shall be as follows:
(1)	Disseminating information regarding the program to interested local community groups;
(2)	Sponsoring a statewide conference in March of each year for teams of interested representatives from each county to provide background information and assistance regarding all aspects of the program;
(3)	Developing and disseminating prior to April 22 of each year a process for applying for grants;
(4)	Reviewing grant proposals and awarding grants prior to July 1 of each year in accordance with G.S. 115C-239.4;
(5)	Administering funds appropriated by the General Assembly;
(6)	Monitoring the grants funded;
(7)	Revoking a grant if the grant recipient does not make any necessary modifications in a program to address strategies that are not working;
(8)	Reporting annually on program implementation to the Joint Legislative Committee on Education Oversight and to the Governor's Council on Children, Youth, and Families; and
(9)	Providing initial technical assistance to grant applicants and ongoing technical assistance as grants are implemented.
"§ 115C-239.3.  Application for grants.
(a)	A local board of education may apply for (i) a grant to serve students who attend a particular middle school or (ii) a grant to serve middle school-aged children who attend a particular public school other than a middle school.
A board of county commissioners may apply for a grant to serve middle school-aged children through community-based entities other than schools.
Grant funds shall not be used to provide activities for children who are not middle school-aged children.
(b)	All local grant proposals shall be developed by Neighborhood Councils.
A grant proposal developed by a Neighborhood Council for students who attend a particular middle school or other school shall be submitted by the Neighborhood Council to the local board of education in which the middle school or other school is located.  The local board of education shall submit the proposal to the school's building-level school improvement team, appointed in accordance with G.S. 115C-238.3(b1), for its comments prior to acting on the proposal.  The local board of education may modify the proposal as it considers appropriate and submit it to the Save Our Students Commission.   If a local board of education receives grant proposals for more than one school located in the local school administrative unit, the local board shall rank the proposals in order of local needs and priorities before submitting them to the Commission.  The local board of education shall consult with representatives of each school for which a proposal is submitted, local law enforcement, the county commissioners for the counties in which the students live, and the County Department  of Social Services, before ranking the grant proposals.
A grant proposal developed by a Neighborhood Council for services for middle school-aged children offered through community-based entities other than schools shall be submitted by the Neighborhood Council to the boards of commissioners of the counties in which the students to be served live.  The boards of commissioners may modify the proposal as they consider appropriate and submit it to the Save Our Students Commission.   If a board of commissioners receives grant proposals for more than one program to serve students who live in the county, the board shall rank the proposals in order of local needs and priorities before submitting them to the Commission.  The board of commissioners shall consult with representatives of each community-based entity for which a proposal is submitted, local law enforcement, the schools that the students to be served attend, and the County Department  of Social Services, before ranking the grant proposals.
(c)	A Neighborhood Council may be either a School-based Neighborhood Council or a Local Initiative Neighborhood Council.
(1)	The board of the local school administrative unit in which the school is located and the boards of commissioners of the counties in which the students served by the school live may appoint a school-based Neighborhood Council to develop a grant proposal for a particular middle school or other school.  The Neighborhood Council may be either an existing community group, nonprofit corporation, or other governmental or nongovernmental entity, or a new entity that reflects the demographics of the community being served and includes broad representation of government, school, and community agencies.  The initial Neighborhood Councils shall be appointed prior to April 15, 1994.
(2)	A group of citizens may organize itself as a Local Initiative Neighborhood Council and develop a grant proposal for (i) a middle school if the local board of education and the boards of commissioners do not appoint a School-based Neighborhood Council for that middle school, (ii) a school other than a middle school if the local board of education and the boards of commissioners do not appoint a School-based Neighborhood Council for that school, or (iii) services for middle school-aged children offered through community-based entities other than schools.
(d)	The grant proposal shall include:
(1)	A needs assessment conducted by the Neighborhood Council of existing conditions for middle school-aged children.  Data collected shall include (i)  local dropout statistics, (ii)  juvenile crime and arrest statistics, (iii) the number of suspensions and expulsions involving middle school-aged children, (iv) average daily membership of middle school-aged children who would be served by the program, and (v) local demographic data, such as the percent of children in poverty, percent of children from single-parent families, Medicaid certifications, and unique local demographic conditions.
(2)	A three-year plan to address the needs of the middle school-aged children through a concentrated after-school enrichment program for middle school-aged children.  The plan may focus on new initiatives or established initiatives that are successful and need additional support to improve and expand offerings to students.  The plan shall provide, at a minimum, for:
a.	After-school supervision and enrichment activities for middle school-aged children between the regular closing of school and 6:00 p.m. on school days, except where transportation plans make it appropriate to end the program earlier than 6:00 p.m;
b.	The recruitment of a strong corps of volunteers by the Neighborhood Council and for the involvement of these volunteers in all aspects of the program;
c.	A list of activities to be offered. These activities shall relate to the goals and strategies of the local plan; and
d.	All necessary transportation of children to and from the activities.
(3)	A proposed staffing pattern that includes permanent staff to administer and supervise the program.
(4)	A statement of costs including the costs of the staffing, materials, supplies, and transportation for participants.
(5)	A statement of (i) how the grant funds would be used to address these local problems, (ii) what other resources including Safe Schools Grants, Chapter I funds, Chapter II  block grant funds, dropout prevention funds, and Basic Education Program funds would be used to address local problems, and (iii) how all available resources would be coordinated to enhance the effectiveness of services provided.
"§ 115C-239.4.  Grant selection.
The Save Our Students Commission shall award grants prior to July 1 of each year.  In awarding grants, the Commission shall consider (i)	the severity of the local problems as  determined by needs assessment data related to crime and demographic factors, (ii) the likelihood that the locally designed plan will result in high quality, educationally appropriate, after-school activities for middle school-aged children, (iii) whether the demographic profile, geographic location of the applicant will make the program a useful model, and (iv) any innovation or experimental aspects of the plan that will make it a useful model.
In determining the amount of funds an applicant receives, the Commission shall consider (i)	demographic facts such as the number of students in the school or community to be served and the  incidence of juvenile crime and (ii) the amount needed to implement the proposal.  For the 1994-95 fiscal year, the average amount of each grant shall be sixty thousand dollars ($60,000) per year.
"§ 115C-239.5.  Administration of grant programs at the local level.
(a)	The local board of education shall administer a grant for (i) a program to serve students who attend a particular middle school or (ii) a program to serve middle school-aged children who attend a particular public school other than a middle school, with the advice of the Neighborhood Council that developed the grant application.
A board of commissioners shall administer a grant for a program to serve middle school-aged children through community-based entities other than schools, with the advice of the Neighborhood Council that developed the grant application.
It is the goal of the General Assembly that all programs that receive grants for the 1994-95 fiscal year shall be operating at the beginning of the 1994-95 school year.  In no case shall the implementation of these programs begin later than January 31, 1995.
(b)	The local board of education or the board of commissioners that is administering a program shall make any necessary modifications in the program to address strategies that are not working.
"§ 115C-239.6.  Program evaluation.
(a)	Each Neighborhood Council shall report on or before February 1 and July 1 of each year to the local board of education or the board of commissioners that is implementing the program.  The report shall include original baseline data, strategies to address these local issues, and progress made regarding the baseline data.  In addition, the biannual reports shall address progress being made on the goals of the program.  In areas where little or no progress has been made, a written explanation as to why progress has not been made shall be provided.
(b)	A local board of education or a board of commissioners shall report on or before August 1 of each year to the Save Our Students Commission on each program that it is implementing.  The report shall be prepared with the advice and assistance of the Neighborhood Council that prepared the grant application.  The report shall be comprehensive and shall include the information required in the biannual report in accordance with subsection (a) of this section.  The report shall include any  modifications of the program to address strategies that are not working."
Sec. 3.  G.S. 120-123 is amended by adding a new subdivision to read:
"(63)	The Save Our Students Commission, as established by G.S. 115C-239.2."
Sec. 4.  Section 1 of this act becomes effective July 1, 1994.  The remainder of this act is effective upon ratification.  The Save Our Students Commission may use any funds available in the Office of the Governor to carry out its operations prior to July 1, 1994.