GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-542
HOUSE BILL 804
AN ACT to amend the law regarding personal education plans for students at risk of academic FAILURE.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C-105.41 reads as rewritten:
"§ 115C-105.41. Students who have been placed at risk of academic failure; personal education plans.
Local school administrative units shall identify students who
have been placed are at risk for academic failure. Identification
shall occur as early as can reasonably be done and can be based on grades,
observations, State assessments, and other factors that impact student
performance that teachers and administrators consider appropriate, without
having to await the results of end-of-grade or end-of-course tests. At the
beginning of the school year, No later than the end of the first
quarter, or after a teacher has had up to nine weeks of instructional time with
a student, a personal education plan for academic improvement with focused
intervention and performance benchmarks shall be developed or updated
for any student at risk of academic failure who is not performing at
least at grade level, as identified by the State end-of-grade test. test
and other factors noted above. Focused intervention and accelerated
activities should include research-based best practices that meet the needs of
students and may include coaching, mentoring, tutoring, summer school, Saturday
school, and extended days. Local school administrative units shall provide
these activities free of charge to students. Local school administrative units
shall also provide transportation free of charge to all students for whom
transportation is necessary for participation in these activities.
Local school administrative units shall give notice of the personal education plan and a copy of the personal education plan to the student's parent or guardian. Parents should be included in the implementation and ongoing review of personal education plans.
No cause of action for monetary damages shall arise from the failure to provide or implement a personal education plan under this section."
SECTION 2. This act is effective when it becomes law and applies beginning with the 2009-2010 school year.
In the General Assembly read three times and ratified this the 6th day of August, 2009.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 10:17 a.m. this 28th day of August, 2009