A BILL TO BE ENTITLED
AN ACT to make clarifying changes and revisions to various statutes in chapter 115C of the General statutes to reflect current practices in education.
The General Assembly of North Carolina enacts:

PART I. REPEAL OF ABC STATUTES
SECTION 1.1.  G.S. 115C‑12(30a) is repealed.
SECTION 1.2.  G.S. 115C‑17 is repealed.
SECTION 1.3.  G.S. 115C‑174.11(c)(1) reads as rewritten:
"(1)	The State Board of Education shall adopt the tests for grades three through 12 that are required by federal law or as a condition of a federal grant. These tests shall be designed to measure progress toward reading, communication skills, and mathematics for grades three through eight, measure progress toward science once in grades three through five, once in grades six through eight, and once in grades 10 through 12, and toward competencies for grades nine through 12. Students who do not pass the tests adopted for eighth grade shall be provided remedial instruction in the ninth grade."

part ii. low‑performing schools
SECTION 2.1.  G.S. 115C‑105.37 reads as rewritten:
"§ 115C‑105.37.  Identification and service for low‑performing schools and local school administrative units.
(a)	The State Board of Education shall design and implement a procedure to identify and serve low‑performing schools and local school administrative units on an annual basis. Low‑performing schools and local school administrative units are those identified by the State Board annually.
	
(b)	At the direction of the State Board of Education, the Department of Public Instruction shall serve low‑performing schools and local school administrative units by providing the following:
(1)	An assessment of the local school administrative unit, school, or schools, as appropriate.
(2)	A determination of the appropriate model for providing services, including State, local school administrative unit, or school model.
(3)	A review of leadership effectiveness of the local board of education, superintendent, and principal, as appropriate.
(4)	The development of a plan for improvement and monitoring of progress for the local school administrative unit, school, or schools, as appropriate.
(c)	The State Board of Education shall identify continually low‑performing schools on an annual basis.
(d)	When the State Board of Education determines, upon sufficient evidence, that a local school administrative unit is experiencing a continued decline in academic performance and the unit lacks the demonstrated governing capabilities to operate adequately and fulfill the educational obligations of the State Board of Education and the State, the State Board may adopt an action plan that contains the necessary steps required to ensure educational opportunities for students. The action plan may include replacement of the superintendent, school personnel, including the finance officer, and any other appropriate measures. The State Board of Education is also authorized to suspend the powers of the local board of education consistent with the State Board's statutory powers and the constitutional powers and duties of the State Board under Section 5 of Article IX of the Constitution of North Carolina. Upon determination by the State Board that the exercise of one or more of the specific powers of the local board of education is more effectively performed by the State Board, the State Board may suspend those specific powers of the local board of education. The State Board shall adopt a policy to establish additional criteria for action by the State Board as it deems necessary and appropriate."
SECTION 2.2.  G.S. 115C‑105.37A is repealed.
SECTION 2.3.  G.S. 115C‑105.37B is repealed.
SECTION 2.4.  G.S. 115C‑105.38 is repealed.
SECTION 2.5.  G.S. 115C‑105.38A is repealed.
SECTION 2.6.  G.S. 115C‑105.39 is repealed.
SECTION 2.7.  G.S. 115C‑333 is repealed.
SECTION 2.8.  G.S. 115C‑39(b) reads as rewritten:
"(b)	In the event the State Board of Education has appointed an interim superintendent for a local school administrative unit identified as low‑performing under G.S. 115C‑105.37 and the State Board determines that the local board of education has failed to cooperate with the interim superintendent, the State Board shall have the authority to suspend any of the powers and duties of the local board and to act on its behalf under G.S. 115C‑105.37."
SECTION 2.9.  G.S. 115C‑105.20(b) reads as rewritten:
"(b)	In order to support local boards of education and schools in the implementation of this Program, the State Board of Education shall adopt guidelines, including guidelines to:
(1)	Assist local boards and schools in the development and implementation of school‑based management under Part 2 of this Article.
(2)	Recognize the schools that meet or exceed their goals.
(3)	Identify low‑performing schools under G.S. 115C‑105.37.
	
(5)	Establish a process to resolve disputes between local boards and schools in the development and implementation of school improvement plans under G.S. 115C‑105.27. This process shall provide for final resolution of the disputes."
SECTION 2.10. G.S. 115C‑105.33 reads as rewritten:
"§ 115C‑105.33.  Safe and orderly schools.
A school improvement team or a parent organization at a school may ask the local board of education to provide assistance in promoting or restoring safety and an orderly learning environment at a school. The school improvement team or parent organization shall file a copy of this request with the State Board.

	
"
SECTION 2.11.  G.S. 115C‑274(c) reads as rewritten:
"(c)	The identification by the State Board of Education of more than half the schools in a local school administrative unit as low‑performing under G.S. 115C‑105.37 is evidence that the superintendent is unable to fulfill the duties of the office, and the State Board may appoint an interim superintendent to carry out the duties of the superintendent, may revoke the superintendent's certificate under this section, may dismiss the superintendent, or may take any combination of these actions."
SECTION 2.12.  G.S. 115C‑296(d) reads as rewritten:
"(d)	The State Board shall adopt rules to establish the reasons and procedures for the suspension and revocation of licenses. The State Board shall revoke the license of a teacher or school administrator if the State Board receives notification from a local board or the Secretary of Health and Human Services that a teacher or school administrator has received a rating on any standard that was identified as an area of concern on the mandatory improvement plan that was below proficient or otherwise represented unsatisfactory or below standard performance under G.S. 115C‑333.1(f). In addition, the State Board may revoke or refuse to renew a teacher's license when:
…."
SECTION 2.13.  G.S. 115C‑325.11 reads as rewritten:
"§ 115C‑325.11.  Dismissal of school administrators and teachers employed in low‑performing residential schools.
(a)	Notwithstanding any other provision of this section or any other law, this section shall govern the dismissal by the State Board of Education of teachers, principals, assistant principals, directors, supervisors, and other licensed personnel assigned to a residential school that the State Board has identified as low‑performing pursuant to G.S. 115C‑105.37. The State Board shall dismiss a teacher, principal, assistant principal, director, supervisor, or other licensed personnel when the State Board receives two consecutive evaluations that include written findings and recommendations regarding that person's inadequate performance. These findings and recommendations shall be substantial evidence of the inadequate performance of the teacher or school administrator.

	

(c)	
Within 30 days of any dismissal under this section, a licensed staff member may request a hearing before a panel of three members designated by the State Board. The State Board shall adopt procedures to ensure that due process rights are afforded to licensed staff members recommended for dismissal under this section. Decisions of the panel may be appealed on the record to the State Board.
(d)	The State Board or the superintendent of a residential school may terminate the contract of a school administrator dismissed under this section. Nothing in this section shall prevent the State Board from refusing to renew the contract of any person employed in a school identified as low‑performing.
(e)	Neither party to a school administrator or teacher contract is entitled to damages under this section.
(f)	The State Board shall have the right to subpoena witnesses and documents on behalf of any party to the proceedings under this section."
SECTION 2.14.  G.S. 115C‑325.13 reads as rewritten:
"§ 115C‑325.13. Procedure for dismissal of teachers employed in low‑performing schools.
(a)	Notwithstanding any other provision of this Part or any other law, this section shall govern the State Board's dismissal of teachers, assistant principals, directors, and supervisors assigned to schools that the State Board has identified as low‑performing pursuant to G.S. 115C‑105.37. The State Board shall dismiss a teacher, assistant principal, director, or supervisor when the State Board receives two consecutive evaluations that include written findings and recommendations regarding that person's inadequate performance. These findings and recommendations shall be substantial evidence of the inadequate performance of the teacher, assistant principal, director, or supervisor.

	

(d)	A licensed staff member may request a hearing before a panel of three members of the State Board within 30 days of any dismissal under this section. The State Board shall adopt procedures to ensure that due process rights are afforded to licensed staff members recommended for dismissal under this section. Decisions of the panel may be appealed on the record to the State Board.
(e)	The State Board of Education or a local board may terminate the contract of a teacher, assistant principal, director, or supervisor dismissed under this section.
(f)	Neither party to a school administrator or teacher contract is entitled to damages under this section.
(g)	The State Board shall have the right to subpoena witnesses and documents on behalf of any party to the proceedings under this section."
SECTION 2.15.  G.S. 115C‑335(b) reads as rewritten:
"(b)	Training. – The State Board, in collaboration with the Board of Governors of The University of North Carolina, shall develop programs designed to train principals and superintendents in the proper administration of the employee evaluations developed by the State Board. The Board of Governors shall use the professional development programs for public school employees that are under its authority to make this training available to all principals and superintendents at locations that are geographically convenient to local school administrative units. The programs shall include methods to determine whether an employee's performance has improved student learning, the development and implementation of appropriate professional growth and mandatory improvement plans, the process for contract nonrenewal, and the dismissal process under Part 3 of Article 22 of this Chapter. The Board of Governors shall ensure that the subject matter of the training programs is incorporated into the masters in school administration programs offered by the constituent institutions. The State Board, in collaboration with the Board of Governors, also shall develop in‑service programs for licensed public school employees that may be included in a mandatory improvement plan created under G.S. 115C‑333.1(b). The Board of Governors shall use the professional development programs for public school employees that are under its authority to make this training available at locations that are geographically convenient to local school administrative units."

PART III. REVISE TEACHER EVALUATION CYCLE
SECTION 3.1.  G.S. 115C‑276(s) reads as rewritten:
"(s)	To Provide for Annual Evaluations and Mandatory Improvement Plans. – The superintendent shall provide for the annual evaluation of all licensed employees. The superintendent shall determine whether all principals and assistant principals who evaluate licensed employees are trained in the proper administration of the employee evaluation process. The superintendent also shall arrange for principals and assistant principals who evaluate licensed employees to receive the appropriate training."
SECTION 3.2.  G.S. 115C‑288(i) reads as rewritten:
"(i)	To Evaluate Licensed Employees and Develop Mandatory Improvement Plans. – Each school year, the principal shall evaluate all licensed employees assigned to the school. The principal also shall develop mandatory improvement plans as provided under G.S. 115C‑333.1(b) and shall monitor an employee's progress under a mandatory improvement plan."
SECTION 3.3.  G.S. 115C‑325 reads as rewritten:
"§ 115C‑325.  System of employment for public school teachers.
…
(p1)	Procedure for Dismissal of School Administrators and Teachers Employed in Low‑Performing Residential Schools. –
(1)	Notwithstanding any other provision of this section or any other law, this subdivision shall govern the dismissal by the Secretary of Health and Human Services of teachers, principals, assistant principals, directors, supervisors, and other licensed personnel assigned to a residential school that the State Board has identified as low‑performing pursuant to G.S. 115C‑105.37. The Secretary shall dismiss a teacher, principal, assistant principal, director, supervisor, or other licensed personnel when the Secretary receives two consecutive evaluations that include written findings and recommendations regarding that person's inadequate performance. These findings and recommendations shall be substantial evidence of the inadequate performance of the teacher or school administrator.

	
Within 30 days of any dismissal under this subsection, a teacher, principal, assistant principal, director, supervisor, or other licensed personnel may request a hearing before a panel of three members designated by the Secretary. The Secretary shall adopt procedures to ensure that due process rights are afforded to persons recommended for dismissal under this subsection. Decisions of the panel may be appealed on the record to the Secretary, with further right of judicial review under Chapter 150B of the General Statutes.

(3)	The Secretary of Health and Human Services or the superintendent of a residential school may terminate the contract of a school administrator dismissed under this subsection. Nothing in this subsection shall prevent the Secretary from refusing to renew the contract of any person employed in a school identified as low‑performing under Part 3A of Article 3 of Chapter 143B of the General Statutes.
(4)	Neither party to a school administrator contract is entitled to damages under this subsection.
(5)	The Secretary of Health and Human Services shall have the right to subpoena witnesses and documents on behalf of any party to the proceedings under this subsection.
(q)	Procedure for Dismissal of School Administrators and Teachers Employed in Low‑Performing Schools. –

	

	

	
(2)	Notwithstanding any other provision of this section or any other law, this subdivision shall govern the State Board's dismissal of teachers, assistant principals, directors, and supervisors assigned to schools that the State Board has identified as low‑performing pursuant to G.S. 115C‑105.37. The State Board shall dismiss a teacher, assistant principal, director, or supervisor when the State Board receives two consecutive evaluations that include written findings and recommendations regarding that person's inadequate performance. These findings and recommendations shall be substantial evidence of the inadequate performance of the teacher or school administrator.

	
A teacher, assistant principal, director, or supervisor may request a hearing before a panel of three members of the State Board within 30 days of any dismissal under this subsection. The State Board shall adopt procedures to ensure that due process rights are afforded to persons recommended for dismissal under this subsection. Decisions of the panel may be appealed on the record to the State Board, with further right of judicial review under Chapter 150B of the General Statutes.
	
(3)	The State Board of Education or a local board may terminate the contract of a school administrator dismissed under this subsection. Nothing in this subsection shall prevent a local board from refusing to renew the contract of any person employed in a school identified as low‑performing under G.S. 115C‑105.37.
(4)	Neither party to a school administrator contract is entitled to damages under this subsection.
(5)	The State Board shall have the right to subpoena witnesses and documents on behalf of any party to the proceedings under this subsection."
SECTION 3.4.(a)  G.S. 115C‑333.1(a) reads as rewritten:
"(a)	Annual Evaluations. – All teachers who hold a Standard Professional II License shall be provided an annual evaluation by a principal. All teachers who do not hold a Standard Professional II License shall be observed at least three times annually by the principal or the principal's designee and at least once annually by a teacher and shall be evaluated at least once annually by a principal. Local boards also may adopt rules requiring the annual evaluation of nonlicensed employees. A local board shall use the performance standards and criteria adopted by the State Board and may adopt additional evaluation criteria and standards."
SECTION 3.4.(b)  This section is effective when the act becomes law and expires June 30, 2018.
SECTION 3.5.(a)   G.S. 115C‑333.1(a) reads as rewritten:
"(a)	Annual Evaluations. – All teachers who hold a Standard Professional II License shall be provided an annual evaluation by a principal. All teachers who do not hold a Standard Professional II License shall be observed at least three times annually by the principal or the principal's designee and at least once annually by a teacher and shall be evaluated at least once annually by a principal. Local boards also may adopt rules requiring the annual evaluation of nonlicensed employees. A local board shall use the performance standards and criteria adopted by the State Board and may adopt additional evaluation criteria and standards."
SECTION 3.5.(b)  This section is effective June 30, 2018.
SECTION 3.6.  G.S. 115C‑333.1 reads as rewritten:
"§ 115C‑333.1.  Evaluation of teachers in schools; mandatory improvement plans; State Board notification upon dismissal of teachers.
…
(b)	Mandatory Improvement Plans for Teachers. – If, in an observation report or year‑end evaluation, a teacher receives a rating that is below proficient or otherwise represents unsatisfactory or below standard performance on any standard that the teacher was expected to demonstrate, the principal may place the teacher on a mandatory improvement plan as defined in subsection (b1) of this section. The mandatory improvement plan shall be utilized only if the superintendent or superintendent's designee determines that an individual, monitored, or directed growth plan will not satisfactorily address the deficiencies.
If at any time a teacher engages in inappropriate conduct or performs inadequately to such a degree that such conduct or performance causes substantial harm to the educational environment, and immediate dismissal or demotion is not appropriate, then the principal may immediately institute a mandatory improvement plan regardless of any ratings on previous evaluations. The principal shall document the exigent reason for immediately instituting such a plan. The mandatory improvement plan shall be developed by the principal in consultation with the teacher. The teacher shall have five instructional days from receipt of the proposed mandatory improvement plan to request a modification of such plan before it is implemented, and the principal shall consider such suggested modifications before finalizing the plan. The teacher shall have at least 60 instructional days to complete the mandatory improvement plan. The State Board shall develop guidelines that include strategies to assist local boards in evaluating teachers and developing effective mandatory improvement plans. Local boards may adopt policies for the implementation of mandatory improvement plans under this section.
(b1)	A mandatory improvement plan is an instrument designed to improve a teacher's performance or the performance of any licensed employee by providing the individual with notice of specific performance areas that have substantial deficiencies and a set of strategies, including the specific support to be provided to the individual, so that the individual, within a reasonable period of time, should satisfactorily resolve such deficiencies.
(c)	Observation by a Qualified Observer. –
(1)	The term "qualified observer" as used in this section is any administrator or teacher who is licensed by the State Board of Education and working in North Carolina; any employee of the North Carolina Department of Public Instruction who is trained in evaluating licensed employees; or any instructor or professor who teaches in an accredited North Carolina school of education and holds an educator's license.
(2)	The local board of education shall create a list of qualified observers who are employed by that board and available to do observations of employees on mandatory improvement plans. This list shall be limited to names of administrators and teachers selected by the local board of education. The local board of education shall strive to select administrators and teachers with excellent reputations for competence and fairness.
(3)	Any teacher who has been placed on a mandatory improvement plan shall have a right to be observed by a qualified observer in the area or areas of concern identified in the mandatory improvement plan. The affected teacher and the principal shall jointly choose the qualified observer within 20 instructional days after the commencement of the mandatory improvement plan. If the teacher and the principal cannot agree on a qualified observer within this time period, they each shall designate a person from the list of qualified observers created pursuant to subdivision (2) of this subsection, and these two designated persons shall choose a qualified observer within five instructional days of their designation. The qualified observer shall draft a written report assessing the teacher in the areas of concern identified in the mandatory improvement plan. The report shall be submitted to the principal before the end of the mandatory improvement plan period. If a teacher or administrator from the same local school administrative unit is selected to serve as the qualified observer, the administration of the local school administrative unit shall provide such qualified observer with the time necessary to conduct the observation and prepare a report. If someone who is not employed by the same local school administrative unit is selected to serve as the qualified observer, the teacher who is the subject of the mandatory improvement plan will be responsible for any expenses related to the observations and reports prepared by the qualified observer. The qualified observer shall not unduly disrupt the classroom when conducting an observation.
(4)	No local board of education or employee of a local board of education shall discharge, threaten, or otherwise retaliate against another employee of the board regarding that employee's compensation, terms, conditions, location, or privileges of employment because of the employee's service or completion of a report as an objective observer pursuant to this subsection, unless the employee's report contained material information that the employee knew was false.
...."
SECTION 3.7.  G.S. 115C‑334 is repealed.

PART IV. REPORT CHANGES
SECTION 4.1.  G.S. 115C‑156.2(b) reads as rewritten:
"(b)	Beginning in 2014, the State Board of Education shall report to the Joint Legislative Education Oversight Committee by November 15 of each year on the number of students in career and technical education courses who earned (i) community college credit and (ii) related industry certifications and credentials."
SECTION 4.2.  G.S. 115C‑174.26(h) reads as rewritten:
"(h)	The State Board of Education shall report to the Joint Legislative Education Oversight Committee by December 15 each year on advanced courses in North Carolina. The report shall include, at a minimum, the following information:
(1)	The North Carolina Advanced Placement Partnership's report to the Department of Public Instruction as required by subsection (g) of this section and the State Board's assessment of that report.
(2)	Number of students enrolled in advanced courses and participating in advanced course examinations, including demographic information by gender, race, and free and reduced‑price lunch status.
(3)	Student performance on advanced course examinations, including information by course, local school administrative unit, and school.
(4)	Number of students participating in 10th grade PSAT/NMSQT testing.
(5)	Number of teachers attending summer institutes offered by the North Carolina Advanced Placement Partnership.
(6)	Distribution of funding appropriated for advanced course testing fees and professional development by local school administrative unit and school.
(7)	Status and efforts of the North Carolina Advanced Placement Partnership.
(8)	Other trends in advanced courses and examinations."
SECTION 4.3.  G.S. 115C‑296(b1)(4) reads as rewritten:
"(4)	Annual State Board of Education report. – The educator preparation program report cards shall be submitted to the Joint Legislative Education Oversight Committee on an annual basis by December 15."
SECTION 4.4.  Section 8.3(j) of S.L. 2013‑360, as amended by Section 92 of S.L. 2014‑115, is repealed.
SECTION 4.5.  Section 8.4(i) of S.L. 2013‑360, as amended by Section 93 of S.L. 2014‑115, is repealed.

PART V. CONFORMING CHANGES TO DHHS RESIDENTIAL SCHOOLS
SECTION 5.1.  G.S. 143B‑146.1 reads as rewritten:
"§ 143B‑146.1.  Mission of schools; definitions.
(a)	It is the intent of the General Assembly that the mission of the residential school community is to challenge with high expectations each child to learn, to achieve, and to fulfill his or her potential.
(b)	The following definitions apply in this Part:
(1)	Program. – The School‑Based Management and Accountability Program developed by the State Board.
(2)	Department. – The Department of Health and Human Services.
(3)	Instructional personnel. – Assistant principals, teachers, instructional personnel, instructional support personnel, and teacher assistants employed in a residential school.
(4)	Participating school. – A residential school that is required to participate in the Program.
(4a)	Residential school. – A school operated by the Department of Health and Human Services that provides residential services to students. For the purposes of this Part, "residential school" does not include a school operated pursuant to Article 9C of Chapter 115C.
(5)	Residential school personnel. – The individuals included in G.S. 143B‑146.16(a)(2).
(6)	Schools. – The residential schools under the control of the Secretary.
(7)	Secretary. – The Secretary of Health and Human Services.
(8)	State Board. – The State Board of Education."
SECTION 5.2.  G.S. 143B‑146.2 reads as rewritten:
"§ 143B‑146.2.  School‑Based Management and Accountability Program in residential schools.
(a)	The Secretary, in consultation with the General Assembly and the State Board, may designate residential schools that must participate in the Program. The primary goal of the Program is to improve student performance. The Program is based upon an accountability, recognition, assistance, and intervention process in order to hold each participating school, its principal, and the instructional personnel accountable for improved student performance in that school.
(b)	In order to support the participating schools in the implementation of this Program, the State Board, in consultation with the Secretary, shall adopt guidelines, including guidelines to:
(1)	Assist the Secretary and the participating schools in the development and implementation of the Program.
(2)	Recognize the participating schools that meet or exceed their goals.
(3)	Identify participating schools that are low‑performing.
	
(c)	The Program shall provide increased decision making and parental involvement at the school level with the goal of improving student performance.
(d)	Consistent with improving student performance, the Secretary shall provide maximum flexibility to participating schools in the use of funds to enable those schools to accomplish their goals."
SECTION 5.3.  G.S. 143B‑146.3 reads as rewritten:
"§ 143B‑146.3.  Annual performance goals.
The Program shall (i) focus on student performance in the basics of reading, mathematics, and communications skills in elementary and middle schools, (ii) focus on student performance in courses required for graduation and on other measures required by the State Board in the high schools, and (iii) hold participating schools accountable for the educational growth of their students. To those ends, the State Board shall design and implement an accountability system that sets annual performance standards for each participating school in order to measure the growth in performance of the students in each individual school."
SECTION 5.4.  G.S. 143B‑146.4 is repealed.
SECTION 5.5.  G.S. 143B-146.5 reads as rewritten:
"§ 143B‑146.5.  Identification of low‑performing schools.
(a)	The State Board shall design and implement a procedure to identify low‑performing schools on an annual  basis and provide any services in accordance with G.S. 115C‑105.37.
	
	"
SECTION 5.6.  G.S. 143B‑146.6 is repealed.
SECTION 5.7.  G.S. 143B‑146.7 is repealed.
SECTION 5.8.  G.S. 143B‑146.8 is repealed.
SECTION 5.9.  G.S. 143B‑146.9 is repealed.

PART VI. EFFECTIVE DATE
SECTION 6.  Except as otherwise provided in this act, this act is effective when it becomes law.