GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 1727

Short Title:  ABC Pilot/Studies.	(Public)

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Sponsors: Representatives Arnold; and Pope.

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Referred to:  Education, if favorable, Appropriations.

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May 25, 2000

A BILL TO BE ENTITLED
AN ACT TO DIRECT THE STATE BOARD OF EDUCATION TO IMPLEMENT A PILOT PROGRAM TO INCREASE THE ACHIEVEMENT OF STUDENTS WHO ARE PERFORMING BELOW GRADE LEVEL, TO REPEAL THE "ADVANCED COMPETENCIES”PORTION OF THE EXCELLENT SCHOOLS ACT, TO PROHIBIT SMOKING IN SCHOOL BUILDINGS DURING INSTRUCTIONAL HOURS, TO REQUIRE THE STATE BOARD TO MAKE AN INTERIM REPORT AND RECOMMENDATIONS REGARDING THE DROPOUT PREVENTION/DRIVERS LICENSE LAW, TO REQUIRE THE JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE TO STUDY INCREASING THE MINIMUM AMOUNT OF INSTRUCTIONAL TIME AND THE CONTRACTUAL PERIOD FOR TEACHERS, AND TO APPROPRIATE FUNDS.
The General Assembly of North Carolina enacts:
Section 1.  Section 8.36 of S.L. 1999-237 reads as rewritten:
"Section 8.36. (a)	The State Board of Education shall establish a pilot program in up to 10 local school administrative units.  The pilot program shall test one model in up to five local school administrative units as are designated under subsection (c) of this section and one model in up to five local school administrative units as are designated under subsection (d) of this section.  The purpose of the pilot program is to determine whether revisions in the present school accountability model under the ABCs Plan are likely to result in more students demonstrating mastery of grade level subject matter and skills on the end-of-grade tests or demonstrating mastery of course subject matter or skills on end-of-course tests. The State Board, in selecting pilot sites, shall consider geographical areas of the State and urban and rural areas.
 (b)	Each revised school accountability model shall be common for all schools in all local school administrative units that participate in the pilot program for that model.  For purposes of the pilot program, the State Board shall disaggregate student performance within designated demographic groups or designated student performance level groups or both.  The models shall use the same designated groups, shall take into account student performance for each designated group, and shall incorporate that performance in the overall school accountability model for the pilot program. The statewide ABCs Plan school accountability model also shall apply to the participating schools.
(c)	During the 1999-2000 school year, the State Board shall select up to five local school administrative units to participate in the first model of the pilot program.   The units shall be located geographically throughout the State, have different demographic profiles, and must have volunteered to participate in the program.   A local board shall submit an application to the State Board in order to be considered for participation in the pilot program. Before a local board may submit an application to the State Board, it shall hold a public meeting and pass a resolution specifically approving its participation in the pilot program.  The State Board shall implement the pilot program in the participating units during the 2000-2001 school year.
Personnel in schools that participate in the first model and that achieve the pilot program school accountability goals shall be eligible to receive financial awards for that achievement.  Personnel in schools that participate in the first model and that achieve the statewide ABCs Plan school accountability goals also shall be eligible to receive financial awards under G.S. 115C-105.36.   The financial awards for achieving the pilot program goals shall be separate from and in addition to the financial awards that are provided under G.S. 115C-105.36.   All other statutory and regulatory provisions of the statewide ABCs Plan school accountability model shall apply to local school administrative units, schools, and school personnel that participate in the pilot program.  Notwithstanding any other law and in accordance with G.S. 115C-325(a)(4), the following  shall  not  constitute a demotion:  the  reduction  or elimination  of  bonus  payments under  the  pilot  program;  the termination of the pilot program in a local school administrative unit  or all participating units; or the statewide implementation of  the pilot program school accountability model in the place of or as incorporated  into  the  current ABCs Plan school accountability  standards.
The State Board shall set a uniform level of financial awards for personnel in schools that achieve the pilot program goals for the first model, and the awards may be up to seven hundred fifty dollars ($750.00) for each teacher and certified personnel and up to three hundred twenty-five dollars ($325.00) for each teacher assistant.   The State Board shall establish a match of twenty-five percent (25%) in local funds for participating school units that do not qualify for Low-Wealth or Small School supplemental funding.   The match shall be used to meet the pilot program financial awards level in those school units.
(d)	Beginning with the 2000-2001 school year, the State Board shall designate up to five local school administrative units to participate in the second model of the pilot program.   Of the funds appropriated to implement the second model of the pilot program and at the beginning of each school year, the State Board shall allocate to each school in these units an amount per the number of students attending that school in grades three through eight who are performing below grade level.  The amount allocated per student shall be the same for each local school administrative unit.  Each school that receives funds under this subsection shall develop pedagogy or programs that can be replicated or otherwise used at other schools throughout the State.
At the end of each school year, the Board shall determine the student performance for each designated group in a school.  Schools that demonstrate an increase in student performance for each designated group in grades three through eight are eligible to receive funds under this subsection the following school year.  The State Board shall make public and disseminate the pedagogy and programs that were used at these schools.
The statewide ABCs Plan school accountability model also shall apply to the participating schools. The funds allocated under this subsection are separate from and in addition to the financial awards that are provided under G.S. 115C-105.36.   All other statutory and regulatory provisions of the statewide ABCs Plan school accountability model shall apply to local school administrative units, schools, and school personnel that participate in the pilot program.
(e)	The State Board shall evaluate the pilot program on an annual basis regarding its implementation in each participating unit, the student performance achieved by schools participating in the pilot, whether the student performance of students who qualify for free or reduced lunch is improved, and how the student performance in pilot program schools compares with the statewide results under the ABCs Plan. The State Board also shall determine whether the pilot program should be continued or terminated in each  unit.    The State Board may, in its discretion, terminate the pilot program in a local school administrative unit.  The State Board shall terminate the pilot program in a local school administrative unit at the request of the unit's local board of education.  However, the State Board shall not terminate a pilot program in a participating  unit during the school year.
 (f)	Beginning November 15, 1999, the State Board shall report annually to the Joint Legislative Education Oversight Committee on the selection of participating local school administrative units and the development and implementation of the models in the pilot program.  The Committee shall review the reports and may make any recommendations to the State Board the Committee deems appropriate.   The State Board shall determine which model, including the statewide model, is most effective at improving student achievement.  The Board shall include in its annual reports its findings and recommendations regarding the continued implementation, expansion, or modification of any model.
(g)	The Joint Legislative Education Oversight Committee shall study issues related to the development of a revised school accountability model  including  the  disaggregation  of  student performance, models used in other states, and possible sources of funds for bonuses under a revised mode.  The Committee may report its findings and recommendations to the 2000 Regular Session of the General Assembly, or to the 2001 General Assembly.
(h)	There is appropriated from the General Fund to State Aid for Local School Administrative Units the sum of four million six hundred thousand dollars ($4,600,000) for the 2000-2001 fiscal year to implement the model created under subsection (d) of this section.
(i)	This section becomes effective July 1, 1999, and expires with the payment of pilot program incentive awards for the 2004-2005 school year."
Section 2.  G.S. 115C-296(f) reads as rewritten:
"(f)	The State Board of Education, after consultation with the Board of Governors of The University of North Carolina, shall develop a new category of teacher certificate known as the "Masters/Advanced Competencies”certificate. To receive this certificate, an applicant shall successfully complete a masters degree program that includes rigorous academic preparation in the subject area which the applicant will teach and in the skills and knowledge expected of a master teacher.
Persons who qualify for a "G”certificate prior to September 1, 2000, shall be awarded a "Masters/Advanced Competencies”certificate without meeting additional requirements. On and after September 1, 2000, no additional "G”certificates shall be awarded."
Section 3.  G.S. 115C-47 is amended by adding a new subdivision to read:
"(39)	To Prohibit Smoking in School Buildings. – Local boards of education shall adopt policies that prohibit smoking in school buildings during instructional hours."
Section 4.  Section 7 of S.L. 1997-507 reads as rewritten:
"Section 7.  The State Board of Education shall study (i)	the effectiveness of this act on the dropout rates and progress toward graduation of students under the age of 18, and (ii) whether this act should be repealed.  The State Board shall make an interim report on the results of this study to the Joint Legislative Education Oversight Committee and the Fiscal Research Division by November 15, 2000, and shall make a final report by November 15, 2002."
Section 5.  The Joint Legislative Education Oversight Committee shall study the feasibility of increasing the minimum number of instructional days to 200, increasing the minimum number of instructional hours to 1,120, and increasing the contractual period for teachers to 12 months.  The study shall include an examination of the costs and benefits of the proposed increases as well as a recommended timetable for implementation.  The Committee shall report its findings and recommendations to the 2001 General Assembly. 
Section 6.  This act becomes effective July 1, 2000.  Section 3 applies to school years beginning with the 2000-2001 school year.