GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	2 

SENATE BILL 1125*
Education/Higher Education Committee Substitute Adopted 8/3/98

Short Title:  Misc. Education Changes.	(Public)

─────────────────────────────────────── 
Sponsors:

─────────────────────────────────────── 
Referred to:

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

May 14, 1998

A BILL TO BE ENTITLED
AN ACT TO AMEND VARIOUS EDUCATION LAWS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 115C-102.5(b) reads as rewritten:
"(b)	The Commission shall consist of the following 18 members:
(1)	The State Superintendent of Public Instruction or a designee;
(2)	One representative of The University of North Carolina, appointed by the President of The University of North Carolina;
(3)	One representative of the North Carolina Community College System, appointed by the President of the North Carolina Community College System;
(4)	A person with management responsibility concerning information technology related State Government functions, designated by the Secretary of Commerce;
(5)	Four members appointed by the Governor;
(6)	Six members appointed by the President Pro Tempore of the Senate two of whom shall be members of the Senate. One of these six members shall be appointed by the President Pro Tempore of the Senate to serve as cochair; and
(7)	Six members appointed by the Speaker of the House of Representatives two of whom shall be members of the House of Representatives. One of these six members shall be appointed by the Speaker of the House of Representatives to serve as cochair.
In appointing members pursuant to subdivisions (5), (6), and (7) of this subsection, the appointing persons shall select individuals with technical or applied knowledge or experience in learning and instructional management technologies or individuals with expertise in curriculum or instruction who have successfully used learning and instructional management technologies.
No producers, vendors, or consultants to producers or vendors of learning or instructional management technologies shall serve on the Commission.
Members shall serve for two-year terms. Vacancies in terms of members shall be filled by the appointing officer. Persons appointed to fill vacancies shall qualify in the same manner as persons appointed for full terms."
Section 2.  G.S. 115C-105.36(b) reads as rewritten:
"(b)	The State Board shall establish a procedure to allocate the funds for these awards to the local school administrative units in which the eligible schools are located. Funds shall become available for expenditure July 1 of each fiscal year. Funds shall remain available until November 30 of the subsequent fiscal year for expenditure 
						for awards to the personnel that are made within 30 days of the local board's receipt of the funds."
Section 3.  G.S. 115C-244 reads as rewritten:
"§ 115C-244.  Assignment of pupils to school buses.
(a)	The superintendent or superintendent's designee shall assign the pupils and employees who may be transported to and from school upon the bus or buses assigned to each school and shall implement and enforce the plan developed under G.S. 115C-246. No pupil or employee shall be permitted to ride upon any school bus to which such pupil or employee has not been so assigned by the superintendent or superintendent's designee, except by the express direction of the superintendent or superintendent's designee.
(b)	In the event that the superintendent or superintendent's designee assigns a school bus to be used in the transportation of pupils to two or more schools, the superintendent or superintendent's designee shall assign the pupils to be transported to and from each school by that bus, and the principals of the respective schools shall implement and enforce this assignment of pupils.
(c)	Any pupil enrolled in any school, or the parent or guardian of  any such pupil, or the person standing in loco parentis to such pupil, may apply to the principal of such school for transportation of such pupil to and from such school by school bus for the regularly organized school day. The principal shall deliver the application to the superintendent or superintendent's designee, who shall assign a pupil to a school bus if the pupil is entitled to school bus transportation under this Article and the rules of the State Board of Education. Such assignment shall be made by the superintendent or superintendent's designee so as to provide for the orderly, safe and efficient transportation of pupils to such school and so as to promote the orderly and efficient administration of the school and the health, safety and general welfare of the pupils to be so transported. Assignments of pupils and employees to school buses may be changed by the superintendent or superintendent's designee as he may from time to time find proper for the safe and efficient transportation of such pupils and employees.
(d)	The parent or guardian of any pupil enrolled in any school, or  the person standing in loco parentis to any such pupil, who shall apply under subsection (c) of this section for the transportation of such pupil to and from such school by school bus, may, if such application  is denied, or if such pupil is assigned to a school bus not satisfactory to such parent, guardian, or person standing in loco parentis to such pupil, pursuant to rules and regulations established by the local board of education, apply to such board for such transportation upon a school bus designated in such application, and shall be entitled to a prompt and fair hearing by such board in accordance with the rules and regulations established by it. The majority of such board shall be a quorum for the purpose of holding such hearing and passing upon such application, and the decision of the majority of the members present at such hearing shall be the decision of the board. If, at such hearing, the board shall find that pupil is entitled to be transported to and from such school upon the school bus designated in such application, or if the board shall find that the transportation of such pupil upon such bus to and from such school will be for the best interests of such pupil, will not interfere with the proper administration of such school, or with the safe and efficient transportation by school bus of other pupils enrolled in such school and will not endanger the health or safety of the children there enrolled, the board shall direct that such child be assigned to and transported to such school upon such bus.
(e)	A decision of a local board under subsection (d) is final and, except as provided in this subsection, is subject to judicial review in accordance with Article 4 of Chapter 150B of the General Statutes.  A person seeking judicial review shall file a petition in the superior court of the county where the local board made its decision.
(f)	No employee shall be assigned to or permitted to ride upon a school bus when to do so will result in the overcrowding of such bus or will prevent the assignment to such bus of a pupil entitled to ride thereon, or will otherwise, in the opinion of the superintendent or superintendent's designee, be detrimental to the comfort or safety of the pupils assigned to such bus, or to the safe, efficient and proper operation of such bus."
Section 4.  G.S. 115C-245 reads as rewritten:
"§ 115C-245.  School bus drivers; monitors; safety assistants.
(a)	Each local board, which elects to operate a school bus transportation system, shall employ the necessary drivers for such school buses.  The drivers shall have all qualifications prescribed by the regulations of the State Board of Education herein provided for and must be at least 18 years old and have at least six months driving experience as a licensed operator of a motor vehicle before employment as a regular or substitute driver, but the selection and employment of each driver shall be made by the local board of education, and the driver shall be the employee of such local school administrative unit.  Each local board of education shall assign the bus drivers employed by it to the respective schools within the jurisdiction of such board, and the superintendent or superintendent's designee shall assign the drivers to the school buses to be driven by them.  No school bus shall at any time be driven or operated by any person other than the bus driver assigned to such bus except by the express direction of the superintendent or superintendent's designee or in accordance with rules and regulations of the appropriate local board of education.
(b)	The driver of a school bus subject to the direction of the superintendent or superintendent's designee shall have complete authority over and responsibility for the operation of the bus and the maintaining of good order and conduct upon such bus, and shall report promptly to the principal any misconduct upon such bus or disregard or violation of the driver's instructions by any person riding upon such bus. The principal may take such action with reference to any such misconduct upon a school bus, or any violation of the instructions of the driver, as he might take if such misconduct or violation had occurred upon the grounds of the school.
(c)	The driver of any school bus shall permit no person to ride upon such bus except pupils or school employees assigned thereto or persons permitted by the express direction of the superintendent or superintendent's designee to ride thereon.
(d)	The superintendent or superintendent's designee may, in his discretion, appoint a monitor for any bus assigned to any school.  It shall be the duty of such monitor, subject to the direction of the driver of the bus, to preserve order upon the bus and do such other things as may be appropriate for the safety of the pupils and employees assigned to such bus while boarding such bus, alighting therefrom or being transported thereon, and to require such pupils and employees to conform to the rules and regulations established by the local board of education for the safety of pupils and employees upon school buses.  Such monitors shall be unpaid volunteers who shall serve at the pleasure of the superintendent or superintendent's designee.
(e)	A local board of education may, in its discretion within funds available, employ transportation safety assistants upon recommendation of the principal through the superintendent.  The safety assistants thus employed shall assist the bus drivers with the safety, movement, management, and care of children boarding the bus, leaving the bus, or being transported in it.  The safety assistant should be either an adult or a certified student driver who is available as a substitute bus driver."
Section 5. G.S. 115C-290.8 reads as rewritten:
"§ 115C-290.8.  Exemptions from requirements.
(a)	The requirements of this Article do not apply to a person who, at any time during the five years preceding January 1, 1998, obtained or renewed a State administrator/supervisor certificate.
	(b) The State Board may adopt policies governing the requirements for the certification of individuals who hold a certificate issued in any other state that authorizes them to be employed as school administrators in that state.  These policies may exempt some or all of these individuals from the requirements of this Article.
(c)	A person who is exempt from the requirements of this Article but applies to the Standards Board under this Article shall be subject to the Article."
Section 6.  G.S. 115C-174.21(b) reads as rewritten:
"(b)	Competency Testing Program.
(1)	The State Board of Education shall adopt tests or other measurement devices which may be used to assure that graduates of the public high schools and graduates of nonpublic schools supervised by the State Board of Education pursuant to the provisions of Part 1 of Article 39 of this Chapter possess the skills and knowledge necessary to function independently and successfully in assuming the responsibilities of citizenship.
(2)	The tests shall be administered annually to all ninth grade students in the public schools.  Ninth grade students who fail to attain the required minimum standard for graduation shall be given a second opportunity during the ninth grade to take the test.  Local boards of education shall make reasonable efforts to provide remedial instruction to students who fail to attain the required minimum standard for graduation in the ninth grade that is calculated to prepare the students to pass the test.  Students shall be given the remedial instruction and at least two opportunities annually to take the test up to and including the last month of the twelfth grade.  Local boards shall make reasonable efforts to provide remedial instruction to students who have not passed the test prior to the last month of the twelfth grade that is calculated to prepare the students to pass the test.  These students shall be given the remedial instruction and two additional opportunities to take the test during the summer following the twelfth grade.  Students who have met all other conditions of graduation and who pass the test during the summer after the twelfth grade shall be awarded a diploma by the local board.  Students who fail to pass parts of the test shall be retested on only those parts they fail. Students in the ninth grade who are enrolled in special education programs or who have been officially designated as eligible for participation in such programs may be excluded from the testing programs.
(3)	The State Board of Education may develop and validate alternate means and standards for demonstrating minimum competence. These standards, which must be more difficult than the tests adopted pursuant to subdivision (1) of this subsection, may be passed by students in lieu of the testing requirement of subdivision (2) of this subsection.
(4)	Repealed by Session Laws 1996, Second Extra Session, c. 18, s. 18.14."
Section 7. G.S. 115C-391(d1) reads as rewritten:
"(d1)	The superintendent shall, upon recommendation of the principal, suspend for 365 days any student who brings a weapon, as defined in G.S. 14-269.2(b) and G.S. 14-269.2(g), onto school property. The local board of education upon recommendation by the superintendent may modify this suspension requirement on a case-by-case basis that includes, but is not limited to, the procedures established for the discipline of students with disabilities and may also provide, or contract for the provision of, educational services to any student suspended pursuant to this subsection in an alternative school setting or in another setting that provides educational and other services."
Section 8.  G.S. 115C-391(d2) reads as rewritten:
"(d2)	(1)	The superintendent shall, upon recommendation of the principal, remove to an alternative educational setting, as provided in subdivision (4) of this subsection, any student who is at least 13 and who physically assaults and seriously injures a teacher or other school personnel. If no appropriate alternative educational setting is available, then the superintendent shall, upon recommendation of the principal, suspend for no less than 300 days but no more than 365 days any student who is at least 13 and who physically assaults and seriously injures a teacher or other school personnel.
(2)	The superintendent may, upon recommendation of the principal, remove to an alternative educational setting any student who is at least 13 and who does one of the following:
a.	Physically assaults a teacher or other adult who is not a student.
b.	Physically assaults another student if the assault is witnessed by school personnel.
c.	Physically assaults and seriously injures another student.
If no appropriate alternative educational setting is available, then the superintendent may, upon recommendation of the principal, suspend this student for up to 365 days.
(3)	For purposes of this subsection, the conduct leading to suspension or removal to an alternative educational setting must occur on school property or at a school-sponsored or school-related activity on or off school property. This subsection shall not apply when the student who is subject to suspension or removal was acting in self-defense. If a teacher is assaulted or injured and as a result a student is suspended or removed to an alternative educational setting under this subsection, then the student shall not be returned to that teacher's classroom unless the teacher consents. If a student is suspended under this subsection, the board may assign the student to an alternative educational setting upon the expiration of the period of suspension.
(4)	If the superintendent removes the student to an alternative educational setting, as provided in subdivision (1) of this subsection, and the conduct leading to the removal occurred on or before the ninetieth school day, the board shall remove the student to that setting for the remainder of the current school year and the first 90 school days in the following school year. If the superintendent chooses to remove the student to an alternative educational setting, as provided in subdivision (1) of this subsection, and the conduct leading to the removal occurred after the ninetieth school day, the board shall remove the student to that setting for the remainder of the current school year and for the entire subsequent school year. Notwithstanding these requirements, the superintendent may authorize a shorter or longer length of time a student must remain in an alternative educational setting if the superintendent finds this would be more appropriate based upon the recommendations of the principals of the alternative school and the school to which the student will return."
Section 9.  G.S. 115C-391(e) reads as rewritten:
"(e)	A decision of a superintendent under subsection (c), (d1), or (d2) of this section may be appealed to the local board of education.  A decision of the local board upon this appeal or of the local board under subsection (d) of this section  is final and, except as provided in this subsection, is subject to judicial review in accordance with Article 4 of Chapter 150B of the General Statutes. A person seeking judicial review shall file a petition in the superior court of the county where the local board made its decision."
Section 10.  G.S. 115C-105.47 is amended by adding the following new subsection:
"( d)	Nothing in this section shall create a right for a student to be identified or assessed or to receive special services.  Local school administrative units, local boards of education, superintendents, and school personnel shall not be liable in a civil action for failure to develop a plan under this section, to address adequately all issues in a plan developed under this section, or to implement effectively a plan developed under this section."
Section 11.  G.S. 115C-276(r) reads as rewritten:
"(r)	To Maintain Student Discipline. – The superintendent shall maintain student discipline in accordance with Article 27 of this Chapter and shall keep data on each student suspended for more than 10 days or expelled. This data shall include the race, gender, and age of each student, the duration of suspension for each student, whether an alternative education was considered or provided for each student, and whether a student had multiple suspensions."
Section 12. G.S. 115C-74.11(c) reads as rewritten:
"(c)	Annual Testing Program.
(1)	The State Board of Education shall adopt a system of annual testing for grades three through 12. These tests shall be designed to measure progress toward reading, communication skills, and mathematics for grades three through eight, and toward competencies designated by the State Board for grades nine through 12.  Students who do not pass the tests adopted for eighth grade shall be provided remedial assistance during the ninth grade reasonably calculated to prepare the students to pass the competency test administered under subsection (b) of this section.
(2)	If the State Board of Education finds that additional testing in grades three through 12 is desirable to allow comparisons with national indicators of student achievement, that testing shall be conducted with the smallest size sample of students necessary to assure valid comparisons with other states."
Section 13.  G.S. 115C-248(a) reads as rewritten:
"(a)	The superintendent of each local school administrative unit, shall cause each school bus owned or operated by such local school administrative unit to be inspected at least once each 38 days during the school year for mechanical defects, or other defects which may affect the safe operation of such bus. A report of such inspection, together with the recommendations of the person making the inspection, shall be filed promptly in the office of the superintendent of such local school administrative unit, and a copy thereof shall be forwarded to the principal of the school to which such bus is assigned."
Section 14.  G.S. 115C-403(b) reads as rewritten:
"(b)	When any child transfers from one school system to another school system, the receiving school shall, within 30 days of the child's enrollment, obtain the child's record from the school from which the child is transferring.  If the child's parent, custodian, or guardian provides a copy of the child's record from the school from which the child is transferring, the receiving school shall, within 30 days of the child's enrollment, request written verification of the school record by contacting the school or institution named on the transferring child's record.  Upon receipt of a request, the principal or the principal's designee of the school from which the child is transferring shall not withhold the record or verification for any reason, except as is authorized under the Family Educational Rights and Privacy Act. Any information received indicating that the transferring child is a missing child shall be reported to the North Carolina Center for Missing Persons."
Section 15.  G.S. 115C-288 is amended by adding the following new subsection:
"( i)	To Transfer Student Records. – The principal shall not withhold the transfer of student records, except as is provided in G.S. 115C-403(b)."
Section 16.  G.S. 115C-333(b), as created in S.L. 1998-5, reads as rewritten:
"(b)	Action Plans. – 
(1)	If a certified employee in a low-performing school receives an unsatisfactory or below standard rating on any function of the evaluation that is related to the employee's instructional duties, the individual or team that conducted the evaluation shall recommend to the superintendent that: (i) the employee receive an action plan designed to improve the employee's performance; or (ii) the superintendent recommend to the local board that the employee be dismissed or demoted.  The superintendent shall determine whether to develop an action plan or to recommend a dismissal proceeding.  Action plans shall be developed by the person who evaluated the employee or the employee's supervisor unless the evaluation was conducted by an assistance team or an assessment team.  If the evaluation was conducted by an assistance team or an assessment team, that team shall develop the action plan in collaboration with the employee's supervisor.  Action plans shall be designed to be completed within 90 instructional days or before the beginning of the next school year.  The State Board shall develop guidelines that include strategies to assist local boards in evaluating certified employees and developing effective action plans within the time allotted under this section.  Local boards may adopt policies for the development and implementation of action plans or professional development plans for employees who do not require action plans under this section.
(2)	Local boards shall adopt policies to require action plans for all certified employees who receive a below standard or unsatisfactory rating on an evaluation in the event the superintendent does not recommend dismissal, demotion, or nonrenewal."
Section 17.  G.S. 115C-333(c), as created in S.L. 1998-5, reads as rewritten:
"(c)	Reevaluation. – Upon completion of an action plan under subdivision (1) of subsection (b) of this section, the superintendent, the superintendent's designee, or the assessment team shall evaluate the employee a second time.  If on the second evaluation the employee receives one unsatisfactory or more than one below standard rating on any function that is related to the employee's instructional duties, the superintendent shall recommend that the employee be dismissed or demoted under G.S. 115C-325.  The results of the second evaluation shall constitute substantial evidence of the employee's inadequate performance."
Section 18.  G.S. 115C-287.1(b) reads as rewritten:
"(b)	Local boards of education shall employ school administrators who are ineligible for career status as provided in G.S. 115C-325(c)(3), upon the recommendation of the superintendent.  All contracts between a school administrator and a local board of education shall be for two to four years, ending on June 30 of the final 12 months of the contract.  In the case of an initial contract between a school administrator and a local board of education, the first year of the contract may be for a period of less than 12 months provided the contract becomes effective on or before September 1.  A local board of education may, with the written consent of a school administrator, extend, renew, or offer a new school administrator's contract at any time after the first 12 months of the contract so long as the term of the new, renewed, or extended contract does not exceed four years.  Rolling annual contract renewals are not allowed.  Nothing in this section shall be construed to prohibit the filling of an administrative position on an interim or temporary basis."
Section 19.  This act is effective when it becomes law.  Section 18 applies to contracts entered into on or after that date.