GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1997
SESSION LAW 1998-220
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:
(1) Awards to
the personnel; or
(2) The purposes
authorized in a plan that has been:
a. Developed
and voted on by the personnel in the same manner that a school improvement plan
is approved under G.S. 115C-105.27;
b. Approved
by a majority of the personnel who vote on the plan; and
c. Submitted
to and approved by the local board of education.
The local board shall approve this
plan unless the plan involves expenditures of funds that are not for a public
purpose or that are otherwise unlawful. for awards to the
personnel. Each local school administrative unit is encouraged to make
these awards to each eligible person no later than the first regular teacher
payroll following the local unit's receipt of the funds, and shall make these
awards to each eligible person no later than the second regular teacher payroll
following the local unit's receipt of the funds."
Section 3. G.S. 115C-244 reads as rewritten:
"§ 115C-244. Assignment of pupils to school buses.
(a) The principal of a
school, to which any school bus has been assigned by the superintendent of the
schools of the local school administrative unit embracing such school, shall
assign to such bus or buses the pupils and employees who may be transported to
and from such school upon such bus or buses. 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 principal, superintendent
or superintendent's designee, except by the express direction of the principal.
superintendent or superintendent's designee.
(b) In the event that the
superintendent of any local school administrative unit shall assign 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 designate the number of assign
the pupils to be transported to and from each such school by such
that bus, and the principals of the respective schools shall assign
pupils to such buses in accordance with such designation. 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. Upon application, the principal 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 principal
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 principal of
the school 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 to the principal of such
school 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 principal, 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 principal of each
such school 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 by such principal to such bus except by the express
direction of such principal 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 principal 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
principal superintendent or superintendent's designee to ride
thereon.
(d) The principal of a
school, to which a school bus has been assigned, may, in his discretion,
appoint a monitor for any bus so assigned to such school. 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 principal. 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, (i) completed an administrative
internship as part of an approved graduate program in school administration and
obtained an active State administrator/supervisor certificate, (ii) was engaged
in school administration while in possession of an active State
administrator/supervisor certificate, or (iii) was employed in a North Carolina
college or university as an instructor while in possession of an active State
administrator/supervisor certificate and whose major responsibilities included
the preparation or supervision of individuals enrolled in a public school
administration program that meets the public school administrator program
approval standards set by the State Board. 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 tenth ninth grade students in the
public schools. Students who fail to attain the required minimum standard
for graduation in the tenth ninth grade shall be given remedial
instruction and additional opportunities to take the test up to and including
the last month of the twelfth grade. Students who fail to pass parts of
the test shall be retested on only those parts they fail. Students in the tenth
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) A local board of education or superintendent shall 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) A local board of education shall 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 board shall 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) A local board of
education may 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 board may 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 local board 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 board 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 local
board superintendent may authorize a shorter or longer length of
time a student must remain in an alternative educational setting if the board
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 local
board superintendent under subsection (c), (d), (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) or (d1) 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-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 11. G.S. 115C-174.21(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 instruction in the ninth grade. This assistance shall be 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 12. 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 Caroli na Center for Missing Persons."
Section 13. G.S. 115C-288 is amended by adding the following new subsection:
"(j) 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 14. 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 15. 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 16. 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 by in G.S. 115C-325(c)(3), upon the
recommendation of the superintendent. All contracts between the a
school administrator and the 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. The A local board
of education may, with the written consent of the 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 17. The State Board of Education shall evaluate the provision by local boards of education of lump-sum payments of one percent (1%) of the base salaries of principals and assistant principals in schools the boards found to meet the goals of local plans for maintaining safe and orderly schools. The Board shall identify the number of principals and assistant principals who received these payments, how local boards determined whether schools met local goals for maintaining safe and orderly schools, and any other information that boards used to select the individuals to receive these payments. The State Board shall report the results of this evaluation to the Joint Legislative Education Oversight Committee by December 31, 1998.
Section 18. The State Board of Education and the Board of Governors of The University of North Carolina shall develop a proposal for a statewide lateral entry teacher licensure program and shall report the proposal to the Joint Legislative Education Oversight Committee prior to September 1, 1999. The proposal shall include the following: (i) active recruitment of mid-career college graduates into teaching; (ii) intensive summer preservice preparation prior to the initial year of employment that is delivered at multiple sites throughout the State; (iii) coaching, support, and continued professional preparation for initial licensure provided during the initial year of employment; (iv) portfolio development and professional assessment during the initial year of employment; (v) intensive second summer preparation for initial licensure examination unless the individual has already taken and passed the initial licensure examination; (vi) use of technology for professional and instructional support to increase program accessibility and decrease distance as a barrier to program completion; (vii) a program management plan; and (viii) an estimated annual budget to operate the program. The proposal also shall include a review of the current process for lateral entry and alternative certification, an inventory and description of existing programs designed to assist individuals achieve licensure through lateral entry, and a review of any reports or plans developed by the State Board of Education or the Board of Governors since 1995 addressing lateral entry or alternative certification. The Joint Legislative Education Oversight Committee shall review the proposal and report any suggested legislation to the General Assembly by May 1, 2000.
Section 19. This act is effective when it becomes law. Section 2 of this act applies to funds awarded beginning with those awarded at the end of the 1998-99 school year, and any plan developed and approved under G.S. 115C-105.36(b) before the effective date of this act shall not apply to those funds. Section 16 of this act applies to contracts entered into on or after the effective date of this act.
In the General Assembly read three times and ratified this the 29th day of October, 1998.
s/ Dennis A. Wicker
President of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 1:15 p.m. this 5th day of November, 1998