GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 90

Short Title:  Obsolete School Laws.	(Public)

─────────────────────────────────────── 
Sponsors: Representatives Owens, Grady, Black, McMahan, Preston, Rogers; Aldridge, Bonner, Shubert, and Yongue.

─────────────────────────────────────── 
Referred to:  Education.

─────────────────────────────────────── 

February 11, 1997

A BILL TO BE ENTITLED
AN ACT TO REPEAL OBSOLETE OR REDUNDANT SCHOOL LAWS, TO TRANSFER THE STATUTES THAT ESTABLISH THE STATE SCHOOLS FOR HEARING- AND SIGHT-IMPAIRED STUDENTS FROM CHAPTER 115C TO CHAPTER 143B OF THE GENERAL STATUTES, TO STREAMLINE THE REPORTS OF THE STATE BOARD OF EDUCATION TO THE JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE, AND TO MAKE CONFORMING CHANGES.
The General Assembly of North Carolina enacts:
SCHOOL IMPROVEMENT AND ACCOUNTABILITY REPORT.
Section 1.  G.S. 115C-15 is repealed.
REPORT ON CLASS SIZE WAIVERS.
Section 2.  G.S. 115C-21.1 is repealed.
ALCOHOL AND DRUG DEFENSE PROGRAM.
Section 3.   G.S. 115C-22 is repealed.
OBSERVANCE OF SPECIAL DAYS.
Section 4.  G.S. 115C-83 is repealed.
EXPENDITURE OF FUNDS.
Section 5.  G.S. 115C-102.8 is repealed.
REGIONAL EDUCATIONAL TRAINING CENTERS.
Section 6.  Part 4 of Article 9 of Chapter 115C of the General Statutes is repealed.
DEPARTMENTAL REQUESTS.
Section 7.   G.S. 115C-144 is repealed.
PROJECT GENESIS PROGRAM.
Section 8.  Part 6 of Article 16 of Chapter 115C of the General Statutes is repealed.
COLLEGES ASSIST TEACHERS IN CERTIFICATION.
Section 9.  G.S. 115C-298 is repealed.
PERSONNEL ADMINISTRATION COMMISSION.
Section 10.  Part 4 of Article 22 of Chapter 115C of the General Statutes is repealed.
STATE POLICY.
Section 11.    G.S. 115C-472 is repealed.
STATE SCHOOLS OF HEARING-IMPAIRED CHILDREN.
Section 12.  Part 7 of Article 9 of Chapter 115C of the General Statutes, G.S. 115C-123 through G.S. 115C-126.1, is recodified as Part 30 of Article 3 of Chapter 143B of the General Statutes, G.S. 143B-216.40 through G.S. 143B-216.44.
GOVERNOR MOREHEAD SCHOOL.
Section 13.  (a) Part 8 of Article 9 of Chapter 115C of the General Statutes, G.S. 115C-127 through G.S. 115C-133, is recodified as Part 9A of Article 3 of Chapter 143B of the General Statutes, G.S. 143B-164.10 and G.S. 143B-164.13 through G.S. 143B-164.17.
(b)	G.S. 143B-176.1 is recodified as G.S. 143B-164.11 in Part 9A of Article 3 of Chapter 143B of the General Statutes.
(c)	G.S. 143B-176.2 is recodified as G.S. 143B-164.12 in Part 9A of Article 3 of Chapter 143B of the General Statutes.
(d)	The remainder of Part 12A of Article 3 of Chapter 143B of the General Statutes is repealed.
SCHOOL SYSTEM DEFINED AND ORGANIZED.
Section 14. (a) G.S. 115C-74 reads as rewritten:
"§115C-74. School system defined.
The school system of each local school administrative unit shall consist of kindergarten and 12 years of instruction or grade levels, and shall be graded on the basis of a school year of not less than nine months. ”In addition, the school system of each local school administrative unit may include an early childhood education program or additional years of instruction.  The State Board of Education may make recommendations concerning the classification or organization of the years of instruction or grade levels; however, each local board of education may organize schools comprised of whatever years of instruction or grade levels that it considers appropriate."
(b)	G.S. 115C-75 is repealed.
(c)	G.S. 115C-5 is amended by adding the following new subsections to read:
"( d1)	'Elementary school' means any school that has any of the first five years of instruction or grade levels and that may have a kindergarten, other early childhood education program, or other years of instruction or grade levels.
(d2)	'High school' or 'senior high school' means any school that has at least the last three years of instruction and that offers at least the minimum high school course of study prescribed by the State Board.
(f1)	'Middle school' or 'junior high school' means any school that has any combination of the sixth through ninth years of instruction or grade levels.
(g1)	'Secondary school' means any middle school, junior high school, high school, or senior high school.
(k)	'Union school' means any school that has 12 years of instruction or grade levels and that may have a kindergarten or other early childhood education program."
CENTRAL ORPHANAGE.
Section 15.  Part 9 of Article 9 of Chapter 115C of the General Statutes is repealed.  This repeal shall not impair the continuing existence of any corporation established under Chapter 47, Private Laws of 1887, and continued under Part 9 of Article 9 of Chapter 115C of the General Statutes.
STATE BOARD OF EDUCATION REPORTS
Section 16. (a) G.S. 115C-12 is amended by adding the following new subdivision to read:
"(25)	Duty to Report to Joint Legislative Education Oversight Committee. –  Upon the request of the Joint Legislative Education Oversight Committee, the State Board shall examine and evaluate issues, programs, policies, and fiscal information, and shall make reports to that Committee.  Furthermore, beginning October 15, 1997, and annually thereafter, the State Board shall submit reports to that Committee regarding the continued implementation of Chapter 716 of the 1995 Session Laws, 1996 Regular Session.  Each report shall include information regarding the composition and activity of assistance teams, schools that received incentive awards, schools identified as low-performing, school improvement plans found to significantly improve student performance, personnel actions taken in low-performing schools, and recommendations for additional legislation to improve student performance and increase local flexibility."
(b)	Article 12H of Chapter 120 of the General Statutes is amended by adding the following new section:
"§ 120-70.83.  Additional powers.
The Joint Legislative Education Oversight Committee, while in discharge of official duties, shall have access to any paper or document, and may compel the attendance of any State official or employee before the Committee or secure any evidence under G.S. 120.19.  In addition, G.S. 120-19.1 through G.S. 120-19.4 shall apply to the proceedings of the Committee as if it were a joint committee of the General Assembly.”
(c)	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 on an incremental basis within funds appropriated for that purpose by the General Assembly and by units of local government. Beginning with the 1991-92 school year, the rules shall require each local school administrative unit to implement fully the standard course of study in every school in the State in accordance with the Basic Education Program so that every student in the State shall have equal access to the curriculum as provided in the Basic Education Program and the standard course of study.
		The Board shall establish benchmarks by which to measure the progress that each local board of education has made in implementing the Basic Education Program. 
		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.
c1.	To issue an annual ‘report card' for the State and for each local school administrative unit, assessing each unit's efforts to improve student performance based on the growth in performance of the students in each school and taking into account progress over the previous years' level of performance and the State's performance in comparison with other states. This assessment shall take into account factors that have been shown to affect student performance and that the State Board considers relevant to assess the State's efforts to improve student performance.
c2.	Repealed by Session Laws 1995 (Regular Session, 1996), c. 716, s. 1.
c3.	To develop a system of school building improvement reports for each school building. The purpose of school building improvement reports is to measure improvement in the growth in student performance at each school building from year to year, not to compare school buildings. The Board shall include in the building reports any factors shown to affect student performance that the Board considers relevant to assess a school's efforts to improve student performance. Local school administrative units shall produce and make public their school building improvement reports by March 15, 1997, for the 1995-96 school year, by October 15, 1997, for the 1996-97 school year, and annually thereafter. Each report shall be based on building-level data for the prior school year.
c4.	To develop guidelines, procedures, and rules to establish, implement, and enforce the School-Based Management and Accountability Program under Article 8B of this Chapter in order to improve student performance, increase local flexibility and control, and promote economy and efficiency.
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."
(d)	G.S. 115C-12(16) reads as rewritten:
"(16)	Power with Regard to Salary Schedules. – The Board shall provide for sick leave with pay for all public school employees in accordance with the provisions of this Chapter and shall promulgate rules and regulations providing for necessary substitutes on account of sick leave and other teacher absences.
a.	Support personnel refers to all public school employees who are not required by statute or regulation to be certified in order to be employed. The State Board of Education is authorized and empowered to adopt all necessary rules for full implementation of all schedules to the extent that State funds are made available for support personnel.
b.	Salary schedules for the following public school support personnel shall be adopted by the State Board of Education: school finance officer, office support personnel, teacher assistants, maintenance supervisors, custodial personnel, and transportation personnel. The Board shall classify these support positions in terms of uniform pay grades included in the salary schedule of the State Personnel Commission.
		By the end of the third payroll period of the 1995-96 fiscal year, local boards of education shall place State-allotted office support personnel, teacher assistants, and custodial personnel on the salary schedule adopted by the State Board of Education so that the average salary paid is the State-allotted amount for the category. In placing employees on the salary schedule, the local board shall consider the education, training, and experience of each employee. It is the intent of the General Assembly that a local school administrative unit not fail to employ an employee who was employed for the prior school year in order to implement the provisions of this sub-subdivision. A local board of education is in compliance with this sub-subdivision if the average salary paid is at least ninety-five percent (95%) of the State-allotted amount for the category at the end of the third payroll period of the 1995-96 fiscal year, and at least ninety-eight percent (98%) of the State-allotted amount for the category at the end of the third payroll period of each subsequent fiscal year. The Department of Public Instruction shall provide technical assistance to local school administrative units regarding the implementation of this sub-subdivision.
		c.	Salary schedules for other support personnel, including but not limited to maintenance and school food service personnel, shall be adopted by the State Board of Education. The Board shall classify these support positions in terms of uniform pay grades included in the salary schedule of the State Personnel Commission. These schedules shall apply if the local board of education does not adopt a salary schedule of its own for personnel paid from other than State appropriations."
(e)	Effective July 1, 1999, G.S. 115C-12(24) reads as rewritten:
"(24)	Duty to Develop Guidelines for Alternative Learning Programs, Provide Technical Assistance on Implementation of Programs, and Evaluate Programs. – The State Board of Education shall adopt guidelines for assigning students to alternative learning programs. These guidelines shall include (i) a description of the programs and services that are recommended to be provided in alternative learning programs and (ii) a process for ensuring that an assignment is appropriate for the student and that the student's parents are involved in the decision.
		The State Board of Education shall provide technical support to local school administrative units to assist them in developing and implementing plans for alternative learning programs.
		The State Board shall evaluate the effectiveness of alternative learning programs and, in its discretion, of any other programs funded from the Alternative Schools/At-Risk Student allotment. Local school administrative units shall report to the State Board of Education on how funds in the Alternative Schools/At-Risk Student allotment are spent and shall otherwise cooperate with the State Board of Education in evaluating the alternative learning programs. "
(f)	G.S. 115C-81(a) reads as rewritten:
"(a)	The General Assembly believes that all children can learn. It is the intent of the General Assembly that the mission of the public school community is to challenge with high expectations each child to learn, to achieve, and to fulfill his or her potential. With that mission as its guide, the State Board of Education shall adopt a Basic Education Program for the public schools of the State. Before it adopts or revises the Basic Education Program, the State Board shall consult with an Advisory Committee, including at least eight members of local boards of education, that the State Board appoints from a list of nominees submitted by the North Carolina School Boards Association. 
The State Board shall implement the Basic Education Program within funds appropriated for that purpose by the General Assembly and by units of local government. It is the intent of the General Assembly that until the Basic Education Program is fully funded, the implementation of the Basic Education Program shall be the focus of State educational funding. It is the goal of the General Assembly that the Basic Education Program be fully funded and completely operational in each local school administrative unit by July 1, 1995.
It is further a goal of the General Assembly to provide supplemental funds to low-wealth counties to allow those counties to enhance the instructional program and student achievement."
(g)	Effective July 1, 1999, Section 8.5(a) of Chapter 716 of the 1995 Session Laws, 1996 Regular Session, is repealed.
(h)	Section 29(b) of Chapter 716 of the 1995 Session Laws, 1996 Regular Session, is repealed.
(i)	Effective July 1, 1999, G.S. 115C-238.29I reads as rewritten:
"§ 115C-238.29I.  Notice of the charter school process; review of charter schools; Charter School Advisory Committee.
(a)	The State Board of Education shall distribute information announcing the availability of the charter school process described in this Part to each local school administrative unit and public postsecondary educational institution and, through press releases, to each major newspaper in the State.
				(c)	The State Board of Education shall review the educational effectiveness of the charter school approach authorized under this Part and the effect of charter schools on the public schools in the local school administrative unit in which the charter schools are located.
(d)	The State Board of Education may establish a Charter School Advisory Committee to assist with the implementation of this Part. The Charter School Advisory Committee may (i) provide technical assistance to chartering entities or to potential applicants, (ii) review applications for preliminary approval, (iii) make recommendations as to whether the State Board should approve applications for charter schools, (iv) make recommendations as to whether the State Board should terminate or not renew a contract, (v) make recommendations concerning grievances between a charter school and its chartering entity, (vi) assist with the review under subsection (c) of this section, and (vii) provide any other assistance as may be required by the State Board."
(j)	G.S. 115C-238.33(b) is repealed.
(k)	G.S. 115C-102.7 reads as rewritten:
"§ 115C-102.7.  Monitoring and evaluation of State and local school system technology plans; reports.
(a)	The Commission shall monitor and evaluate the development and implementation of the State and local school system technology plans. The evaluation shall consider the effects of technology on student learning, the effects of technology on students' workforce readiness, the effects of technology on teacher productivity, and the cost-effectiveness of the technology. 
	(b)	The Commission shall provide notice of meetings, copies of minutes, and periodic briefings to the chair of the Information Resources Management Commission and the chair of the Technical Committee of the Information Resources Management Commission."
(l)	G.S. 115C-415 is repealed.
(m)	G.S. 115C-472.5(d) reads as rewritten:
"(d)	The Department of Public Instruction shall report to the Information Resource Management Commission on an annual basis on all loans made from the fund."
EFFECTIVE DATE.
Section 17.  This act is effective when it becomes law.