A BILL TO BE ENTITLED
AN ACT to Require access to ADVANCED CLASSES FOR ALL STUDENTS WHO SCORE LEVEL fIVE ON END‑OF‑GRADE TESTS IN THIRD THROUGH SEVENTH GRADE.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 115C‑150.7 reads as rewritten:
"§ 115C‑150.7.  Local plans.
…
(b1)	In addition to the screening, identification, and placement procedures developed under subdivision (1) of subsection (b) of this section, each plan's screening, identification, and placement procedures shall identify as academically or intellectually gifted any student in third grade through seventh grade who achieves level five on the math end‑of‑grade test or who scores at or above the ninetieth percentile on an aptitude test administered by the local school administrative unit for the purpose of identifying gifted students. For students identified as gifted under this subsection, each local plan shall:
(1)	Make available the same programs and courses that are available to students identified as gifted by other procedures.
(2)	Give placement priority in courses over students who achieve below a level five on the math end‑of‑grade test or who score below the ninetieth percentile on the aptitude test used for identifying gifted students.
(3)	Not exclude or remove any student from gifted programs or courses unless a parent or guardian of the student provides written consent for the student to be excluded or removed from gifted programs or courses.
The local plan shall only allow placement to students who achieve below a level five on the math end‑of‑grade test, score below the ninetieth percentile on the aptitude test, or qualify for gifted placement based on an evaluation from a private provider if space is available in a program or course after placement of students under this subsection.
(c)	Upon its approval of the plan developed under this section, the local board shall submit the plan to the State Board of Education for its review and comments. The local board shall consider the comments it receives from the State Board before it implements the plan.
(d)	A plan shall remain in effect for no more than three years; however, the local board may amend the plan as often as it considers necessary or appropriate. Any changes the local board makes to a plan shall be submitted to the State Board of Education for its review and comments. The local board shall consider the State Board's comments before it implements the changes."
SECTION 2.  There is appropriated from the General Fund to the Department of Public Instruction for the 2018‑2019 fiscal year the sum of up to six hundred seventy‑seven thousand nine hundred forty‑eight dollars ($677,948) in recurring funds to implement the requirements of this act.
SECTION 3.  Section 7.2(a) of S.L. 2017‑57 reads as rewritten:
"SECTION 7.2.(a)  The State Board of Education shall allocate additional funds for academically or intellectually gifted children on the basis of one thousand three hundred fourteen dollars and fifty‑six cents ($1,314.56) per child for the 2017‑2018 fiscal year. For the 2017‑2018 fiscal year, a local school administrative unit shall receive funds for a maximum of four percent (4%) of its 2017‑2018 allocated average daily membership, regardless of the number of children identified as academically or intellectually gifted in the unit.
The State Board of Education shall allocate additional funds for academically or intellectually gifted children on the basis of one thousand three hundred fifty dollars ($1,350) per child for the 2018‑2019 fiscal year. For the 2018‑2019 fiscal year, a local school administrative unit shall receive funds for a maximum of four percent (4%) of its 2018‑2019 allocated average daily membership, regardless of the number of children identified as academically or intellectually gifted in the unit.
The dollar amounts allocated under this section for academically or intellectually gifted children shall also be adjusted in accordance with legislative salary increments, retirement rate adjustments, and health benefit adjustments for personnel who serve academically or intellectually gifted children."
SECTION 4.  This act becomes effective July 1, 2018, and applies beginning with the 2019‑2020 school year.