GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	2 

SENATE BILL 6
Education/Higher Education Committee Substitute Adopted 3/6/97

Short Title:  Revise School Calendar.	(Public)

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Sponsors:

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Referred to:  Pensions & Retirement and Insurance.

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February 3, 1997

A BILL TO BE ENTITLED
AN ACT TO REVISE THE LAWS RELATED TO THE PUBLIC SCHOOL CALENDAR TO PROVIDE LOCAL BOARDS OF EDUCATION AND SCHOOLS GREATER FLEXIBILITY AND LOCAL CONTROL.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 115C-84 is repealed.
Section 2.  G.S. 115C-84.1 is repealed.
Section 3.  Part 2 of Article 8 of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C-84.2.  School calendar.
(a)	School Calendar. – Each local board of education shall adopt a school calendar consisting of 220 days all of which must fall within the fiscal year.  A school calendar shall include the following:
(1)	A minimum of 180 days and 1,000 hours of instruction covering at least nine calendar months.  The local board shall designate when the 180 instructional days shall occur.  The number of instructional hours in an instructional day may vary according to local board policy and does not have to be uniform among schools in the administrative unit.  Local boards may approve school improvement plans that include days with varying amounts of instructional time.  If school is closed early due to inclement weather, the day and the scheduled amount of instructional hours may count towards the required minimum.  The school calendar should include a plan for making up days and instructional hours missed when schools are not opened due to inclement weather.
(2)	A minimum of 10 annual vacation leave days.
(3)	The same or an equivalent number of legal holidays occurring within the school calendar as those designated by the State Personnel Commission for State employees.
(4)	Ten days, as designated by the local board, for use as teacher workdays, additional instructional days, or other lawful purposes.  A local board may delegate to the individual schools some or all of the 10 days to schedule under subdivision (5) of this subsection.  A local board may schedule different purposes for different personnel on any given day and is not required to schedule the same dates for all personnel.
(5)	The remaining days shall be scheduled by each individual school in any or all of the following methods:  (i) by the school improvement team in consultation with the school's principal, (ii) in the school improvement plan, (iii) by an amendment to the school improvement plan, and (iv) by agreement between the individual teacher and the school's principal.  Days may be scheduled for any of the purposes allowed under subdivision (4) of this subsection.  Days may be scheduled for different purposes for different personnel and there is no requirement to schedule the same dates for all personnel.
Local boards of education shall consult with parents and the employed  public school personnel in the development of the school calendar.
(b)	Limitations. – The following limitations apply when developing the school calendar:
(1)	The total number of teacher workdays shall not exceed 200 days.
(2)	Teachers may not be required to work during the month of July unless:  (i) the school is a year-round school; or (ii) the teacher is employed for a term in excess of 10 months.
(3)	School shall not be held on Sundays.
(c)	Emergency Conditions. – During any period of emergency in any section of the State where emergency conditions make it necessary, the State Board of Education may order general, and if necessary, extended recesses or adjournment of the public schools.
(d)	Opening and Closing Dates. – Local boards of education shall determine the dates of opening and closing the public schools under subdivision (a)(1) of this section.  A local board may revise the scheduled closing date if necessary in order to comply with the minimum requirements for instructional days or instructional time.  Different opening and closing dates may be fixed for schools in the same administrative unit."
Section 4.  G.S. 115C-302 is repealed.
Section 5.  Article 20 of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C-302.1.  Salary.
(a)	Prompt Payment. –  Teachers shall be paid promptly when their salaries are due provided the legal requirements for their employment and service have been met. All teachers employed by any local school administrative unit who are to be paid from local funds shall be paid promptly as provided by law and as State-allotted teachers are paid.
(b)	Salary Payments. – State-allotted teachers shall be paid for a term of 10 months. State-allotted months of employment for vocational education to local boards shall be used for the employment of teachers of vocational and technical education for a term of employment to be determined by the local boards of education.
Each local board of education shall establish a set date on which monthly salary payments to State-allotted teachers shall be made.  This set pay date may differ from the end of the month of service. The daily rate of pay for teachers shall equal one twenty-second of the monthly rate of pay.
Teachers may be prepaid on the monthly pay date for days not yet worked.  A teacher who fails to attend scheduled workdays or who has not worked the number of days for which the teacher has been paid and who resigns, is  dismissed, or whose contract is not renewed shall repay to the local board any salary payments received for days not yet worked.  A teacher who has been prepaid and continues to be employed by a local board but fails to attend scheduled workdays may be subject to dismissal under G.S.  115C-325 or other appropriate discipline.
Any individual teacher who is not employed in a year-round school may be paid in 12 monthly installments if the teacher so requests on or before the first day of the school year. The request shall be filed in the local school administrative unit which employs the teacher. The payment of the annual salary in 12 installments instead of 10 shall not increase or decrease the teacher's annual salary nor in any other way alter the contract made between the teacher and the local school administrative unit.  Teachers employed for a period of less than 10 months may not receive their salaries in 12 installments.
(c)	Vacation. – Included within the 10-month term shall be annual vacation leave at the same rate provided for State employees, computed at one-twelfth of the annual rate for State employees for each month of employment.  Local boards shall provide at least 10 days of annual vacation leave at a time when students are not scheduled to be in regular attendance. However, instructional personnel who do not require a substitute may use annual vacation leave on days that students are in attendance.  Vocational and technical education teachers who are employed for 11 or 12 months may, with prior approval of the principal, work on annual vacation leave days designated in the school calendar and may use those annual vacation leave days during the eleventh or twelfth month of employment.
On a day that pupils are not required to attend school due to inclement weather, but employees are required to report for a workday, a teacher may elect not to report due to hazardous travel conditions and to take an annual vacation day or to make up the day at a time agreed upon by the teacher and the teacher's immediate supervisor or principal.  On a day that school is closed to employees and pupils due to inclement weather, a teacher shall work on the scheduled makeup day.
All vacation leave taken by the teacher will be upon the authorization of the teacher's immediate supervisor and under policies established by the local board of education. Annual vacation leave shall not be used to extend the term of employment.
Teachers may accumulate annual vacation leave days without any applicable maximum until June 30 of each year. On June 30 of each year, any teacher or other personnel paid on the teacher salary schedule with more than 30 days of accumulated annual vacation leave shall, at the teacher's option, have the excess accumulation converted to either sick leave or pay, so that only 30 days are carried forward to July 1 of the same year.
	Upon separation from service due to resignation, dismissal, reduction in force, or death, an employee shall be paid in a lump sum for accumulated annual leave not to exceed a maximum of 30 days.  Upon separation from service due to service retirement, any teacher or other personnel paid on the teacher salary schedule with more than 30 days of accumulated annual vacation leave may, at the teacher's option, have some or all of the excess accumulation converted to sick leave for creditable service towards retirement.  A retiring teacher's accumulated annual leave, including any excess accumulated annual leave that is not converted to sick leave, shall be paid in a lump sum.  Employees going onto term disability may exhaust annual leave rather than be paid in a lump sum.
Notwithstanding any provisions of this subsection to the contrary, no person shall be entitled to pay for any vacation day not earned by that person.
(d)	Personal Leave. – Teachers earn personal leave at the rate of .20 days for each full month of employment not to exceed two days per year.  Personal leave may be accumulated to a maximum of five days.  Personal leave may be used only upon the authorization of the teacher's immediate supervisor, but if the request is made at least five days in advance, the teacher cannot be required to provide a reason for the request.  Unless approved by the principal, a teacher may not take personal leave on the first day the teacher is required to report for the school year, on required teacher workdays, or on the day before or the day after holidays or scheduled vacation days.  Teachers may transfer personal leave days between local school administrative units.  The local school administrative unit shall credit a teacher who has separated from service and is reemployed within 60 months from the date of separation with all personal leave accumulated at the time of separation.  Local school administrative units may not advance personal leave.  Teachers using personal leave receive full salary less the required substitute deduction.
(e)	Teachers in Year-Round Schools. – Compensation for teachers employed in year-round schools shall be the same as teachers paid for a 10-month term, but those days may be scheduled over 12 calendar months. Annual leave, sick leave, workdays, holidays, salary, and longevity for teachers who are employed at year-round schools shall be equivalent to those of other teachers employed for the same number of months, respectively.  Teachers paid for a term of 10 months in year-round schools shall receive their salary in 12 equal installments.
(f)	Overpayment. – Each local board of education shall sustain any loss by reason of an overpayment to any teacher paid from State funds.
(g)	Social Security. – All of the foregoing provisions of this section shall be subject to the requirement that at least fifty dollars ($50.00), or other minimum amount required by federal social security laws, of the compensation of each school employee covered by the Teachers' and State Employees' Retirement System or otherwise eligible for social security coverage shall be paid in each of the four quarters of the calendar year.
(h)	Service in Armed Forces. – The State Board of Education, in fixing the State standard salary schedule of teachers as authorized by law, shall provide that teachers who entered the armed or auxiliary forces of the United States after September 16, 1940, and who left their positions for such service shall be allowed experience increments for the period of such service as though the same had not been interrupted thereby, in the event such persons return to the position of teachers, principals, and superintendents in the public schools of the State after having been honorably discharged from the armed or auxiliary forces of the United States.
(i)	Teachers Paid From Other Funds. –   Every local board of education may adopt, as to teachers not paid out of State funds, a salary schedule similar to the State salary schedule, but it likewise shall recognize a difference in salaries based on different duties, training, experience, professional fitness, and continued service in the same school system.  If a local board of education does not adopt a local salary schedule, the State salary schedule shall apply. No teacher shall receive a salary higher than that provided in the salary schedule, unless by action of the board of education a higher salary is allowed for special fitness, special duties, or under extraordinary circumstances.
Whenever a higher salary is allowed, the minutes of the board shall show what salary is allowed and the reason.  A board of education may authorize the superintendent to supplement the salaries of all teachers from local funds, and the minutes of the board shall show what increase is allowed each teacher.
(j)	Longevity Pay. –  Longevity pay shall be based on the annual salary on the employee's anniversary date.
(k)	Parental Leave. –   A teacher may use annual leave, personal leave, or leave without pay to care for a newborn child or for a child placed with the teacher for adoption or foster care. The leave may be for consecutive workdays during the first 12 months after the date of birth or placement of the child, unless the teacher and local board of education agree otherwise."
Section 6.  G.S. 115C-272(b)(1) reads as rewritten:
"(1)	Each local board of education shall establish a set date on which monthly salary payments to superintendents shall be made. This set pay date may differ from the end of the calendar month of service. Superintendents shall only be paid for the days employed as of the set pay date. Payment for a full month when days employed are less than a full month is prohibited as this constitutes prepayment. The daily rate of pay shall equal the number of weekdays in the pay period.  Included within their term of employment shall be annual vacation leave at the same rate provided for State employees. Included within the 12 months' employment each local board of education shall designate the same or an equivalent number of legal holidays as those designated by the State Personnel Commission for State employees."
Section 7.  G.S. 115C-285(b)(1) reads as rewritten:
"(1)	Classified principals and State-allotted supervisors shall be employed for a term of 12 calendar months. Each local board of education shall establish a set date on which monthly salary payments to classified principals and State-allotted supervisors shall be made. This set pay date may differ from the end of the calendar month of service. Classified principals and State-allotted supervisors shall only be paid for the days employed as of the set pay date. Payment for a full month when days employed are less than a full month is prohibited as this constitutes prepayment.  The daily rate of pay shall equal the number of weekdays in the pay period.  They shall earn annual vacation leave at the same rate provided for State employees. On a day that employees are required to report for a workday but pupils are not required to attend school due to inclement weather, an employee may elect not to report due to hazardous travel conditions and to take one of the employee's annual vacation days or to make up the day at the time agreed upon by the employee and the employees's immediate supervisor. They shall be provided by the board the same or an equivalent number of legal holidays as those designated by the State Personnel Commission for State employees."
Section 8.  G.S. 115C-316(a)(1) reads as rewritten:
"(1)	Employees Other than Superintendents, Supervisors and Classified Principals on an Annual Basis. – Each local board of education shall establish a set date on which monthly salary payments to employees other than superintendents, supervisors, and classified principals employed on an annual basis, shall be made.  This set pay date may differ from the end of the calendar month of service. Employees may be prepaid on the monthly pay date for days not yet worked.  An employee who fails to attend scheduled workdays or who has not worked the number of days for which the employee has been paid  and who resigns or is  dismissed shall repay to the local board any salary payments received for days not yet worked.  An employee who has been prepaid and who continues to be employed by a local board but fails to attend scheduled workdays may be subject to dismissal or other appropriate discipline.  The daily rate of pay shall equal the number of weekdays in the pay period.  Included within their term of employment shall be annual vacation leave at the same rate provided for State employees, computed at one-twelfth (1/12) of the annual rate for state employees for each calendar month of employment.  On a day that employees are required to report for a workday but pupils are not required to attend school due to inclement weather, an employee may elect not to report due to hazardous travel conditions and to take one of the employee's annual vacation days or to make up the day at a time agreed upon by the employee and the employee's immediate supervisor or principal.  On a day that school is closed to employees and pupils due to inclement weather, an employee shall work on the scheduled makeup day.  Included within their term of employment each local board of education shall designate the same or an equivalent number of legal holidays as those designated by the State Personnel Commission for State employees."
Section 9.  G.S. 115C-316(a)(2) reads as rewritten:
"(2)	School Employees Paid on an Hourly or Other Basis. – Salary payments to employees other than those covered in G.S. 115C-272(b)(1), 115C-285(a)(1) and (2), 115C-302.1(b), and 115C-316(a)(1) shall be made at a time determined by each local board of education. Expenditures for the salary of these employees from State funds shall be within allocations made by the State Board of Education and in accordance with rules and regulations approved by the State Board of Education concerning allocations of State  funds: Provided, that school employees employed for a term of 10 calendar months in year-round schools shall be paid in 12 equal installments: Provided further, that any individual school employee employed for a term of 10 calendar months who is not employed in a year-round school may be paid in 12 monthly installments if the employee so requests on or before the first day of the school year. Such request shall be filed in the administrative unit which employs the employee. The payment of the annual salary in 12 installments instead of 10 shall not increase or decrease said annual salary nor in any other way alter the contract between the employee and the said administrative unit. Employees may be prepaid on the set pay date for days not yet worked.  An employee who fails to attend scheduled workdays or who has not worked the number of days for which the employee has been paid and who resigns or is  dismissed shall repay to the local board any salary payments received for days not yet worked.  An employee who has been prepaid and who continues to be employed by a local board but fails to attend scheduled workdays may be subject to dismissal or other appropriate discipline.  The daily rate of pay shall equal the number of weekdays in the pay period.  Included within the term of employment shall be provided for full-time employees annual vacation leave at the same rate provided for State employees, computed at one-twelfth (1/12) of the annual rate for State employees for each calendar month of employment, to be taken under policies determined by each local board of education. On a day that employees are required to report for a workday but pupils are not required to attend school due to inclement weather, an employee may elect not to report due to hazardous travel conditions and to take one of his annual vacation days or to make up the day at a time agreed upon by the employee and his immediate supervisor or principal.  On a day that school is closed to employees and pupils due to inclement weather, the employee shall work on the scheduled makeup day.  Included within their term of employment, each local board of education shall designate the same or an equivalent number of legal holidays occurring within the period of employment as those designated by the State Personnel Commission for State employees." 
Section 10.  G.S. 115C-47(5) reads as rewritten:
"(5)	To Fix Time of Opening and Closing Schools. – The time of opening and closing the public schools shall be fixed under G.S. 115C-84.2."
Section 11.  G.S. 115C-47(11) reads as rewritten:
"(11)	To Determine the School Calendar. – Local boards of education shall determine the school calendar under G.S. 115C-84.2. "
Section 12.  G.S. 115C-47(21) reads as rewritten:
"(21)	It is the duty of every local board of education to provide for the prompt monthly payment of all salaries due teachers and other school officials and employees, and of all current bills and other necessary operating expenses. All salaries and bills shall be paid as provided by law for disbursing State and local funds.
	The local board shall determine salary schedules of employees pursuant to the provisions of G.S. 115C-273, 115C-285(b), 115C-302.1(i), and 115C-316(b).
	The authority for boards of education to issue salary vouchers to all school employees, whether paid from State or local funds, shall be a monthly payroll prepared on forms approved by the State Board of Education and containing all information required by the State Board of Education. This monthly payroll shall be signed by the principal of each school."
Section 13.  By October 31, 1997, the State Board of Education shall review and revise its rules, policies, and guidelines to make them consistent with this act.  The State Board may use its authority under G.S. 150B-21.1 regarding the adoption of temporary rules consistent with this act.
Section 14.  This act becomes effective July 1, 1998, contingent upon the appropriation of funds to implement the act for the 1998-99 school year.  Nothing in this act shall require the General Assembly to appropriate any funds to implement it.  Local school administrative units may begin planning for the implementation of this act for the 1998-99 school year on or after the date this act becomes law.