GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	1 

HOUSE BILL 195

Short Title:  Juvenile Crime Prevention Act.	(Public)
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Sponsors: Representative Wood.
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Referred to:  Education. 
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February 14, 1994

A BILL TO BE ENTITLED
AN ACT TO PROVIDE TUITION FOR STUDENTS WHO HAVE BEEN EXPELLED FROM PUBLIC SCHOOLS, JUVENILES ADJUDICATED DELINQUENT FOR VIOLENT FELONIES, AND STUDENTS READING TWO OR MORE YEARS BEHIND GRADE LEVEL, TO END THE PRACTICE OF RETURNING VIOLENT YOUTHS TO THE PUBLIC SCHOOLS, TO PREVENT CRIME BY ENCOURAGING THE PRIVATE SECTOR TO ESTABLISH ALTERNATIVE PROGRAMS TO EDUCATE THESE YOUTHS, AND TO REDUCE THE NUMBER OF YOUTHS WHO TURN TO VIOLENCE AS A COVER TO HIDE EDUCATIONAL DEFICIENCIES.
The General Assembly of North Carolina enacts:
Section 1.  This act may be cited as the "Juvenile Crime Prevention Act of 1994".
Sec. 2.  Article 39 of Chapter 115C of the General Statutes is amended by adding a new Part to read:
"Part 4.  Tuition Program for Problem Children
Attending Nonpublic Schools.
"§ 115C-567.1. Creation of program.
There is created in the Office of the Governor, Division of Nonpublic Education, a tuition program for problem children attending nonpublic schools.
"§ 115C-567.2.  Participation of pupils in the program.
Any pupil in grades two to 12 may attend, at no charge to the pupil or his parent or guardian, any nonpublic school participating in this program if the following applies:
(1)	The pupil is school age.
(2)	The pupil:
a.	Has been expelled from school;
b.	Has been adjudicated delinquent for an offense that would be a Class A, B, C, D, or E felony if committed by an adult; or
c.	Is reading two or more years behind grade level.
(3)	The pupil or the pupil's parent or guardian shall submit an application on a form provided by the Office of the Governor, Division of Nonpublic Education, to the participating nonpublic school in which the pupil wishes to enroll.  The nonpublic school shall notify the applicant, in writing, whether the application has been accepted.
"§ 115C-567.3.  Participation of schools in the program.
The nonpublic school participating in this program shall:
(1)	Notify the Office of the Governor, Division of Nonpublic Education, by letter of its intent to participate in the program.
(2)	Meet all health and safety laws or codes that apply to public schools.
(3)	Agree to charge in tuition and fees for each child in the program, no more than the total tuition available in State and local supplements for the child.
(4)	Publish standardized test score results in terms of grade level averages and net value added improvement.
"§ 115C-567.4.  Duties of the Division of Nonpublic Education.
The Office of the Governor, Division of Nonpublic Education shall:
(1)	Monitor the performance of the pupils attending schools under this Part.
(2)	Annually submit to the Principal Clerk of the Senate and the Principal Clerk of the House of Representatives for distribution to the appropriate standing committees, and to each nonpublic school participating in the program, a report comparing the standardized test results of pupils attending a nonpublic school under this Article and pupils enrolled in the local school administrative unit.
(3)	Maintain a current list of all approved nonpublic schools participating in this program and furnish this information from time to time to the local school administrative unit.
"§ 115C-567.5.  Payment of tuition.
The Office of the Governor, Division of Nonpublic Education, shall pay tuition from State funds upon receipt of satisfactory evidence that the child for whom payment is made actually attended a nonpublic school in the program.  The school attended shall furnish, upon forms prescribed by the Division of Nonpublic Education, a sworn certification signed by the director of the school, showing the number of school days actually attended by the child for whom payment is made.  A child is deemed to be in attendance, although temporarily absent due to illness or other good cause, so long as such a child is enrolled in the school as a bona fide student.
The amount of the tuition available to each eligible child shall equal the per-day, per pupil amount of State funds expended on operating expenses for public schools in the local school administrative unit where that student resides.  In no event shall tuition for any child exceed the amount actually expended for the nonpublic education of such child.
"§ 115C-567.6. Proration of costs for pupil transfer.
Local school administrative units that expel pupils shall rebate those pupils remaining per pupil expenditure to the General Fund to pay for those pupils' education under this Part.  Local school administrative units shall also rebate remaining per pupil expenditure for any pupil who is reading two or more years behind grade level who transfers mid-year to a nonpublic school under this Part.
"§ 115C-567.7.  Effect of participation in the program.
Except as provided by this Part, the State of North Carolina, the State Board of Education, and other agencies and political subdivisions of the State, shall not (i)	exercise any supervision or control over a nonpublic school, or (ii) have any responsibility for the conduct and operation of a nonpublic school, because it participates in this program.
"§ 115C-567.8.  Local tuition supplements.
The appropriate tax-levying authorities for a local school administrative unit participating in the program may appropriate amounts from any local tax or nontax funds for a local tuition supplement.  In no event shall the combined total tuition of the supplements for any one child, from both State and local funds, exceed the amount of actual expenses incurred in the nonpublic education of such a child.  Applications for a local tuition supplement shall be filed by the pupil, parent or guardian, with the local board of education when local funds have been allotted for such purpose.  No child shall be entitled to said local tuition supplement who is not at the same time eligible for tuition from State funds."
Sec. 3.  G.S. 7A-649(8) reads as rewritten:
"(8)	Place the juvenile on probation under the supervision of a court counselor.  In any case where a juvenile is placed on probation, the court counselor shall have the authority to visit the juvenile where the juvenile resides.  The judge shall specify conditions of probation that are related to the needs of the juvenile including any of the following:
a.	That the juvenile shall remain on good behavior and not violate any laws.
b.	That the juvenile attend school regularly, unless the juvenile has been adjudicated delinquent for an offense that would be a Class A, B, C, D, or E felony if committed by an adult.  If the adjudication of delinquency was for an offense other than one that would be a Class A, B, C, D, or E felony if committed by an adult, but involves a threat to the safety of the juvenile or others and school attendance is a condition of probation, the judge shall make a finding of whether or not the principal of the juvenile's school should be notified.  If the judge orders that the principal be notified, the juvenile court counselor shall within five days or before the juvenile begins to attend school, whichever occurs first, notify the principal of the juvenile's school in writing of the nature of the offense and the probation requirements related to school attendance.  A principal notified by a juvenile court counselor shall handle the report according to the guidelines and rules adopted by the State Board of Education.
b1.	That the juvenile maintain passing grades in up to four courses during each grading period and meet with the court counselor and a representative of the school to make a plan for how to maintain those passing grades.
c.	That the juvenile not associate with specified persons or be in specified places.
d.	That the juvenile report to a court counselor as often as required by a court counselor.
e.	That the juvenile make specified financial restitution or pay a fine in accordance with subdivisions (2) and (3).
f.	That the juvenile be employed regularly if not attending school.
g.	That the juvenile attend a nonpublic school program established in Part 4 of Article 39 of Chapter 155C in the local school administrative unit in which the juvenile resides if the juvenile has been adjudicated delinquent for an offense that would be a Class A, B, C, D, or E felony if committed by an adult, unless the juvenile is a child with special needs pursuant to Article 9 of Chapter 115C of the General Statutes and notwithstanding any law to the contrary.
	 If the juvenile is a child with special needs pursuant to Article 9 of Chapter 115C of the General Statutes, request the child's local educational agency to have the appropriateness of the child's placement reconsidered in light of the judge's finding that the juvenile's behavior makes it more appropriate for the juvenile to attend a nonpublic school program and it is in the best interest of the juvenile and the local school administrative unit for the juvenile to attend a nonpublic school program.
	An order of probation shall remain in force for a period not to exceed one year from the date entered.  Prior to expiration of an order of probation, the judge may extend it for an additional period of one year after a hearing if the judge finds that the extension is necessary to protect the community or to safeguard the welfare of the juvenile;".
Sec. 4.  Effective October 1, 1995, G.S. 7A-649(8) reads as rewritten:
"(8)	Place the juvenile on probation under the supervision of a court counselor. In any case where a juvenile is placed on probation, the court counselor shall have the authority to visit the juvenile where he resides. The judge shall specify conditions of probation that are related to the needs of the juvenile including any of the following:
a.	That the juvenile shall remain on good behavior and not violate any laws;
b.	That the juvenile attend school regularly unless the juvenile has been adjudicated delinquent for an offense that would be a Class A, B, C, D, or E felony if committed by an adult;
b1.	That the juvenile maintain passing grades in up to four courses during each grading period and meet with the court counselor and a representative of the school to make a plan for how to maintain those passing grades;
c.	That the juvenile not associate with specified persons or be in specified places;
d.	That the juvenile report to a court counselor as often as required by a court counselor;
e.	That the juvenile make specified financial restitution or pay a fine in accordance with subdivisions (2) and (3);
f.	That the juvenile be employed regularly if not attending school;
g.	That the juvenile attend a nonpublic school program established in Part 4 of Article 39 of Chapter 155C in the local school administrative unit in which the juvenile resides if the juvenile has been adjudicated delinquent for an offense that would be a Class A, B, C, D, or E felony if committed by an adult, unless the juvenile is a child with special needs pursuant to Article 9 of Chapter 115C of the General Statutes and notwithstanding any law to the contrary.
	 If the juvenile is a child with special needs pursuant to Article 9 of Chapter 115C of the General Statutes, request the child's local educational agency to have the appropriateness of the child's placement reconsidered in light of the judge's finding that the juvenile's behavior makes it more appropriate for the juvenile to attend a nonpublic school program and it is in the best interest of the juvenile and the local school administrative unit for the juvenile to attend a nonpublic school program.
	An order of probation shall remain in force for a period not to exceed one year from the date entered. Prior to expiration of an order of probation, the judge may extend it for an additional period of one year after a hearing if he finds that the extension is necessary to protect the community or to safeguard the welfare of the juvenile;".
Sec. 5.  Section 3 of this act becomes effective on the same date that Section 56 of Chapter 538 of the 1993 Session Laws provides that that act becomes effective, and expires on October 1, 1995, but remains effective for offenses committed after its effective date but prior to October 1, 1995.  Section 4 of this act becomes effective October 1, 1995. The remainder of this act becomes effective on the same date that Section 56 of Chapter 538 of the 1993 Session Laws provides that that act becomes effective.  Prosecutions for, or sentences based on, offenses occurring on or before the effective date of Sections 1 through 3 of this act are not affected by the provisions of this act, and the statutes that would be applicable to those prosecutions or sentences but for the provisions of this act remain applicable to those prosecutions or sentences.