STUDENT LEGISLATION

2004-73

SBE to Study Use of At-Risk Funds:  Directs the SBE to recommend a specified percentage of the Alternative Schools/At-Risk Student allotment to be used to provide services for students who have been suspended from school for more than 10 days.  The SBE must report by 12/15/04 to the Joint Legislative Education Oversight Committee. *

2004-76

SBE to Study Alternative Learning Program (ALP) Funding:  Requires the SBE to develop and recommend a formula for allotting funds to alternative learning programs and alternative schools based on the number of students who are (i) suspended from school for more than 10 days or expelled from school, and (ii) assigned to an alternative learning program or alternative school. The SBE should consider as a basis for this formula the existing funding formulas used for students with disabilities, academically or intellectually gifted students, and students with limited English proficiency. The SBE must recommend this formula to the Joint Legislative Education Oversight Committee by 12/15/04.  The act became effective 7/8/04. *

2004-118

School Information/Meningitis & Influenza: Known as Garrett's Law, ensures that information concerning meningitis and influenza, and their vaccines, is available at the beginning of every school year for public schools, charter schools, and non-public schools, including home schools, to provide to parents and guardians. The act became effective 7/1/04, and applies beginning with the 2004-2005 school year. *

2004-124

§ 7.11

K-2 Assessment:  Allows the SBE to use standardized tests for first and second grades only when it is required as a condition of receiving a federal grant under the Reading First Program. Currently the SBE is prohibited from using standardized tests for first and second grade students. However, the SBE does provide to local school administrative units developmentally appropriate individualized assessment instruments for first and second grades, rather than standardized tests. Effective 7/1/04. *

2004-124

§ 7.12

Evaluate Validity of ABC Accountability System:  Amends the law that directs the SBE to adopt annual performance goals as part of the School-Based Management and Accountability Program (also known as the ABCs program). The section directs the SBE, during the 2004-2005 school year, and at least every five years after that, to evaluate the ABCs program by reviewing, where available, historical trend data on student academic performance on State tests. If necessary, the SBE must modify the testing standards so they continue to reasonably reflect the level of performance needed to be successful at the next grade level or in more advanced studies. The SBE must complete its first evaluation and implement any needed testing modifications no later than the 2005-2006 school year.  Effective 7/1/04. *

2004-124

§ 7.15

Restore Vocational Education Funding:  Allows the funding for vocational and technical education to again be used for students in the 7^th grade but priority must be given to provide vocational and technical education to students in 8^th grade through 12^th grade. Effective 7/1/04. *

2004-124

§ 7.17

Healthful School Food Choices/Pilot Program:  Directs the SBE to develop and implement a pilot program to support the efforts of local school administrative units to provide only healthful and nutritious food choices to students. The SBE is to seek the advice and assistance of the North Carolina School Food Service Association and the Academy of Family Physicians in the development of the program. The SBE will select up to eight local school administrative units from different geographic locations throughout the State to participate in the pilot program and will set the standards for the food choices offered to students. Priority must be given to those local school administrative units that volunteer to be in the pilot program. The selected local school administrative units are directed to implement the program in elementary schools for the 2004-2005 school year. If the SBE finds at the end of the 2004-2005 school year that a pilot local school administrative unit experienced a decrease in food service revenues because students chose not to buy the healthful, nutritious food choices offered by the local school administrative unit's school food service, then the SBE must reimburse the local school administrative unit for that decrease in revenue.  Effective 7/1/04. *

2004-124

§ 7.20A

Accountability Assessment for Agricultural Education:  Requires the SBE to submit an amended State Career-Technical Education Plan to the United States Department of Education. The State Career-Technical Education Plan will do the following:

Allow the SBE to field test the North Carolina Agricultural Education Program Standards and collect data on these Standards for two years;

Allow the use of data collected under the field test as an alternative to the end-of-course tests in the Vocational Education Competency Achievement Tracking System (VoCATS) and authorize the use of that data to satisfy the technical attainment requirement for continued Carl D. Perkins funding;

Require the DPI and the Department of Agricultural Education at North Carolina State University to monitor the program to ensure compliance with all Standards; and

Permit the SBE to determine whether to use the North Carolina Agricultural Education Program Standards on a statewide basis if the two years of field-testing are successful.

The DPI and the Department of Agricultural Education at North Carolina State University must report on the field test to the Joint Legislative Education Oversight Committee by 10/15/06.  Effective 7/1/04. *

2004-124

§ 7.22

High School Workforce Development Program:  Directs the DPI to use designated appropriated funds for a high school workforce development program. The DPI is directed to use these funds to establish five pilot projects in which school systems, institutions of higher education, and local employers work together to meet the needs of the participating employers.  The program is to identify students who do not plan, or who may not be prepared, to attend post-secondary programs and will provide them with assistance to earn an Associate Degree the year after their senior year of high school.  The DPI is to work closely with the Education Cabinet and the New Schools Project in administering this program. Notwithstanding any other law or rule, a local school administrative unit and two- and four-year colleges and universities must agree upon the minimum age of the students who participate in the pilot projects.

Also directs the SBE to evaluate this program annually. The evaluation must include an assessment of the program's overall impact on student achievement, retention, and employability, an accounting of the utilization of funds and resources and how this has impacted students, and recommendations for the program's continuation and improvement.

The SBE must report to the Office of State Budget and Management, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division by September 15 of each year. *

2004-124

§ 7.27

Implementation of Alternate Competency Tests: Amends the effective date of S.L. 2003-275 so that the SBE must implement, no later than the 2004-05 school year, the law allowing students with disabilities who fail to pass the required competency test to take an alternate test. The SBE must adopt or develop alternate tests for the competency test no later than April 15, 2005 and shall implement the alternate tests starting with the 2005-06 school year.  Effective 7/1/04. *

2004-124

§ 7.29

Enhance Nutrition in School Food Program: Provides that for nutritional reasons, public schools are not allowed to use cooking oils that contain trans-fatty acids in their school food programs nor are they allowed to sell processed foods containing trans-fatty acids that were formed during the commercial processing of the foods. Effective 7/1/04. *

2004-203

§ 19

Taking Indecent Liberties with a Student:  Modifies the definition of the term "same school" for the purposes of G.S. 14-202.4.  The criminal statute provides that a defendant who is a teacher, school administrator, student teacher, school safety officer, or coach of any age or is other school personnel at least four years older than the victim and takes indecent liberties with a victim who is a student while the defendant and victim were in the "same school".  This section changes "same school" to mean a school at which the student is enrolled or is present for a school-sponsored or school-related activity and the school personnel is employed, volunteers, or is present for a school-sponsored or school-related activity.  This section becomes effective 12/1/04 and applies to offenses committed on or after that date. *

EMPLOYMENT LEGISLATION

2004-78

Amend Disability Laws:  Restores the definition of the term "disability" to mean mental or physical incapacity for further performance of duty of a participant or beneficiary of the State Disability Income Program. The definition had been changed in the 2003 Appropriations Act to "physical or cognitive limitations that prevent working as determined by the Department of State Treasurer and the Board of Trustees." This act further provides that effective August 1, 2005, the standard will again change to require that the participant or beneficiary be "unable to perform any occupation or employment commensurate to the beneficiary's or participant's education, training, or within the same local school administrative unit for school personnel, without an adverse impact on the beneficiary's or participant's career status, and in which the beneficiary or participant can be expected to earn not less than 65% of his or her predisablility earnings." *

2004-81

Retirement/Teacher Exchange Programs:  Amends the definitions of the terms "Teacher" and "Exchange Teacher" to clarify that these terms do not include nonimmigrant aliens employed in elementary and secondary public schools who are participating in an international cultural exchange visitor program designated by the U.S. Department of Homeland Security pursuant to 8 C.F.R. Part 214.2(q). This act clarifies that such persons are not eligible for retirement or tenure benefits. This act became effective 7/1/04. *

2004-116

SBE to Study Teacher Prep Courses:  This bill implements the recommendation of the House Interim Committee on Providing an Appropriate Education for Students on Long-Term Suspension to direct the SBE to determine whether teacher preparation programs should require courses in diversity training, anger management, conflict resolution, and classroom management.  This act became effective 7/17/04. **

2004-124

§ 7.19

SBE Authority to Set Certification Standards for Teachers:  Removes the statutory requirement for a standard examination for all applicants for a North Carolina teaching license. The SBE may require an applicant for a teaching license to take and achieve a prescribed minimum score on a standard examination appropriate and adequate for that purpose.

This section also makes a technical change to the law by adding the phrase "any required" in reference to a standard examination for certain individuals employed by a local board under a provisional certificate, and retains the September 1, 2006 expiration date for this provision.  Effective 7/1/04. *

2004-124

§ 7.20

Maintain 12-Month Vocational Agriculture Teacher Positions: Prohibits local boards of education from reducing the term of employment for any vocational agriculture teacher who had a position that was 12 calendar months for the 2003-04 school year. Effective 7/1/04. *

2004-124

§ 7.21

Additional Teacher Positions for Third Grade:  Reduces the teacher to student allotment ratio for third grade by 4.23 from 1:22.23 to 1:18. Local school administrative units must use these additional teacher positions to reduce class size in third grade.  Effective 7/1/04. *

2004-124

§ 31.18A

Retired Teachers Returning to Classroom w/out Loss of Retirement Benefits/Option Extended: States that LEAs which employ retirees exempt from the cap are required to pay the State Retirement system 11.7% of the covered salaries. The LEA is responsible for these payments and the payments should not go through payroll.  The LEA has the following options:  (1) pay the individual the full, certified salary allowable, based on the State Salary Schedule.  Pay 11.7% of this certified salary from local funds; (2) pay the individual an amount less than the full certified salary and use the difference between the negotiated salary and the amount on the State Salary Schedule to pay the 11.7%; (3) A combination of 1 & 2.

Source:  Finance Officers’ Weekly Newsletter

2004-147

Increase Retirees’ Contributory Death Benefit:  Amends the laws governing the Teachers' and State Employees' Retirement System, the Local Governmental Employees' Retirement System, the Legislative Retirement System, and the Consolidated Judicial Retirement System to increase the contributory death benefit for retirees. Retirees from each of these Retirement Systems may elect to make contributions, in an amount determined by the Board of Trustees, to a group death benefit trust fund. A lump-sum payment benefit is payable at the retiree's death provided the retiree has made the required contributions for 24 months prior to death. This act increases the lump-sum death benefit from $6,000 to $9,000 under the same conditions as currently exist. The act was recommended by the Board of Trustees as a result of the actuary's assertion that the reserves and the contributory rates paid by retirees are sufficient to increase the death benefit.  This act became effective 7/1/04, and applies to eligible retirees who die on or after that date. *

2004-164

Charter School Retirement Election:  Authorizes six charter schools that failed to make the election to become participating employers in the Teachers and State Employees' Retirement System and the Teachers' and State Employees' Comprehensive Major Medical Plan within the statutory time limit, to have a second opportunity to elect to participate in the Retirement System and the Health Plan. The schools are New Century High School in Saxapahaw, Lake Norman Charter School in Huntersville, Exploris Middle School in Raleigh, Magellan Charter School in Raleigh, American Renaissance Charter School in Statesville, and Healthy Start Academy in Durham. The election authorized by this act must be made no later than 30 days after the effective date of the act. The act does not amend the law to change the 30-day requirement or any other requirement currently contained in the law.  This act became effective 8/2/04. *

2004-199

§57

Retired Teachers in Charter Schools:  Amends G.S. 135-3(8)c and G.S. 115C-325(a)(5a) to clarify that retired teachers may return to teaching in a charter school and continue to collect retirement benefits, under the same conditions as retired teachers who return to teaching in traditional public schools. ****

OTHER LEGISLATION

2004-180

School Calendar Changes: 

Teacher Workdays. – The act reduces the number of days in the school calendar from 220 days to 215 days by eliminating 5 teacher workdays from the school calendar. Of the remaining 15 teacher workdays, 5 must be designated by the local boards of education as protected days for teachers to complete instructional and classroom administrative duties. Local school administrative units cannot impose any additional duties on these protected days. One of these days must be scheduled at the beginning of the school year and one at the end of each academic quarter. The local boards of education are to designate on which of these days teachers with accumulated vacation leave may take that leave.

The local boards of education, in consultation with each school's principal, will schedule the remaining nine to ten teacher workdays. Before the school principal consults with the local board of education, the principal must first work with the school improvement team to determine days to be scheduled and purposes for those days. The days may be scheduled for use as teacher workdays, additional instructional days, or other lawful purposes, including vacation days for teachers with accumulated vacation leave. In addition, the local boards of education may designate any of these remaining days as make-up days for days missed due to school closings for inclement weather.

First and Last Instructional Day. – The act requires local boards of education to set the first instructional day of school no earlier than August 25 and the last day no later than June 10 for all schools except for year-round schools. A local board of education may ask the SBE for a waiver from this requirement if it can show good cause. Good cause exists if the schools in any local school administrative unit in a county have been closed for eight days per year during any four of the last ten years because of severe weather conditions, energy shortages, power failures, or other emergency situations. In addition, the SBE may also grant waivers from the start and stop date requirements for an educational purpose. To request a waiver for educational purposes, a local school administrative unit must establish a need to adopt a different calendar based on one of the following reasons:

To accommodate a special program at a school that is offered generally to the student body of that school;

To serve a special population of students at a school; or

To accommodate a defined program at a school.

In granting the waiver based on one of these three reasons, the SBE must find that the educational purpose is reasonable, necessary, and not an attempt to circumvent the otherwise mandatory opening and closing dates. The waiver requests cannot be used to accommodate system-wide scheduling preferences.

The required opening and closing dates do not apply to any school that a local board of education designated as having a modified calendar for the 2003-2004 school year or to any school that was a part of a planned program in the 2003-2004 school year for a system of modified calendar schools so long as the school operates under a modified calendar.

Rate of Pay, Pay Cycles. – The act changes the daily rate of pay for teachers from 1/22 of the monthly rate of pay to a daily rate that is midway between 1/21 and 1/22 of the monthly rate of pay but does not reduce the yearly pay. The annual rate of pay for certified and non-certified employees cannot be reduced as a result of the act and nothing in the act is to be interpreted to change the pay cycle for non-certified employees. The SBE is required to report annually to the Joint Legislative Education Oversight Committee on compliance with these prohibitions. The first pay date for teachers must be no later than August 31 except for those employed in year-round schools or who are paid in accordance with a year-round calendar. Subsequent pay dates must be spaced no more than one month apart and must include a full month's pay.

Appropriation or Expenditure of Additional Funds. – The act specifically states that nothing in the act requires the General Assembly to appropriate funds to implement the act or requires a local school administrative unit to spend additional funds to implement it.

The act became effective 8/9/04.*

2004-198

Discharging Firearm on School Property:  Makes it a Class F felony to willfully discharge a firearm on educational property. "Educational property" includes any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any board of education or school board of trustees, or directors for the administration of any public or private school, university, college or community college. This act becomes effective 12/1/04, and applies to offenses committed on or after that date. *

2004-199

§29

Formal Bidding Exemption:  Amends G.S. 115C-522(a) to exempt local boards of education from the requirement to comply with formal bidding procedures for the purchase of published books, manuscripts, maps, pamphlets, and periodicals.  Effective retroactively to 4/1/04. ****

2004-199

§38

Beverages Contracts:  Clarifies that contracts for the sale of juice or bottled water in public schools, community colleges, and universities shall be bid separately from each other and separately from any other contract.  Effective August 17, 2004. *

2004-200

Special License Plates:  Includes authorization for issuance of high school insignia plate.

2004-203

§ 45

Charter Schools Law Changes:  Allows the SBE to grant the initial charter for a charter school for a period not to exceed ten years and allows the SBE to renew the charter upon the request of the chartering entity for subsequent periods not to exceed ten years. The SBE is directed to review the operations of each charter school at least once every five years in order to ensure that the school is meeting the expected academic, financial, and governance standards. This section applies to charters granted or renewed on or after the effective date of the act.

This section also adds the requirement that all charter school teachers in grades 6 through 12 must be college graduates if they teach in the core subject areas of mathematics, science, social studies, and language arts. This requirement applies to persons employed by charter schools for the 2004-2005 school year and subsequent school years.  Effective 8/17/04. *