North Carolina § 115C-1 - General and uniform system of schools.

§ 115C-1. General and uniform system of schools.

A general and uniform system of free public schools shall be provided throughout the State, wherein equal opportunities shall be provided for all students, in accordance with the provisions of Article IX of the Constitution of North Carolina. Tuition shall be free of charge to all children of the State, and to every person of the State less than 21 years old, who has not completed a standard high school course of study. There shall be operated in every local school administrative unit a uniform school term of nine months, without the levy of a State ad valorem tax therefor. History (1955, c. 1372, art. 1, s. 1; 1963, c. 448, s. 24; 1971, c. 704, s. 1; c. 1231, s. 1; 1981, c. 423, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 21; 1985, c. 780, s. 1.) Cross References. - As to the establishment of the School-Based Child and Family Team Initiative, see notes under G.S. 143B-366 . Local Modification. - (As to Chapter 115C ) Cabarrus: 2000-87; (As to Chapter 115C ) Caswell: 1987 (Reg. Sess., 1988), c. 1016, s. 12; Cumberland: 1991, c. 445; 1991, c. 445; 1991 (Reg. Sess., 1992), c. 810; Nash: 1989 (Reg. Sess., 1990), c. 903; city of Clinton: 1989 (Reg. Sess., 1990), c. 886; Durham City Board of Education: 1983 (Reg. Sess., 1984), c. 948; Kannapolis City School Administrative Unit: 1983 (Reg. Sess., 1984), c. 963; Monroe City Board of Education: 1985, c. 41; New Hanover County Board of Education: 1983, c. 573. Transfer of Residential and Preschools for the Deaf and Blind. - Session Laws 2010-31, s. 10.21A(a)-(h), provides: "(a) The General Assembly finds that to improve the educational outcomes for students attending the State's residential schools for the deaf and blind, the State Board of Education shall assume administrative responsibility for the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, Governor Morehead School for the Blind, Early Intervention Services - Preschool, and Governor Morehead Preschool programs. Notwithstanding Part 3A of Article 3 of Chapter 143B of the General Statutes, effective June 1, 2011, the Office of Education Services within the Department of Health and Human Services is dissolved, and the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, Governor Morehead School for the Blind, Early Intervention Services - Preschool, and Governor Morehead Preschool programs within the Department of Health and Human Services, Office of Education Services, are transferred to the Department of Public Instruction. These transfers shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6 . Upon transfer, the State Board of Education shall continue the salary supplements authorized by G.S. 143B-146.21 , and in effect on June 1, 2011, for teachers, instructional support personnel, and school-based administrators in the residential schools and preschools. "(b) The State Board of Education shall, in consultation with the Department of Health and Human Services, develop and implement a transition plan that addresses, at a minimum, each of the following: "(1) Structural adjustments within the Department of Public Instruction. "(2) Proposed staffing and operating requirements for the provision of appropriate oversight. "(3) Collaboration with the Department of Health and Human Services in the provision of student health services, life skills/independent living services, and vocational instruction. "(4) Continuation of educational support services, including curriculum/instructional support, monitoring/evaluation, and licensure, certification, and teacher evaluation assistance to remaining educational programs within the Department of Health and Human Services. "(5) Targets for student achievement and recommended adjustments to instructional services at the residential schools to improve educational outcomes, including: "a. End-of-grade (EOG) and end-of-course (EOC) test scores; "b. Academic pathway graduation rates; "c. Completion of postsecondary education; and "d. Postgraduation employment. "The State Board of Education shall submit the plan to the Joint Legislative Commission on Governmental Operations Subcommittee on Education/Health and Human Services, the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Education/Higher Education, the House of Representatives Appropriations Subcommittee on Education, and the Fiscal Research Division no later than December 1, 2010. The State Board of Education shall present the plan to the Joint Legislative Commission on Governmental Operations Subcommittee on Education/Health and Human Services at its subsequent meeting following submission of the plan. "(c) The Secretary of the Department of Health and Human Services (Secretary) shall, in consultation with the Chair of the State Board of Education, appoint an interim superintendent within the Department of Health and Human Services to oversee operations of the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, Governor Morehead School for the Blind, Early Intervention Services - Preschool, and Governor Morehead Preschool programs no later than October 1, 2010. The interim superintendent shall report directly to the Secretary until a superintendent hired pursuant to subsection (e) of this section assumes administrative responsibility for the schools. The Secretary is authorized to use an existing, temporary position and funds appropriated in this act to the Department of Health and Human Services to support the activities of the interim superintendent. The Secretary shall not reclassify one of the positions designated for elimination in subsection (f) of this section to meet the requirements of this subsection. "(d) No later than October 1, 2010, the State Board of Education shall establish a search committee to hire a superintendent to oversee the operations of the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, and Governor Morehead School for the Blind within the Department of Public Instruction. The search committee is charged with: (i) identifying prospective applicants and reviewing applications for the position of superintendent; and (ii) recommending qualified applicants to the State Board of Education no later than May 1, 2011. The search committee shall consist of the following: "(1) The State Superintendent of Public Instruction, or designee. "(2) The Chair of the State Board of Education, or designated member of the Board. "(3) The Director of the North Carolina School for the Deaf, or designee. "(4) The Director of the Eastern North Carolina School for the Deaf, or designee. "(5) The Director of the Governor Morehead School for the Blind, or designee. "(6) The Chair of the North Carolina Council for the Deaf and Hard of Hearing, or designee. "(7) The Chair of the Consumer and Advocacy Committee for the Blind, or designee. "(8) Two public members with professional expertise in the education of hearing and visually impaired students, appointed by the Governor. "The Chair of the State Board of Education, or designated member of the Board, shall serve as chair of the search committee. A majority of the members constitutes a quorum. The Committee shall convene no later than November 1, 2010, and shall set its subsequent meeting schedule as determined by the members of the search committee. Members of the search committee shall serve on a voluntary basis, and vacancies shall be filled by the designating or appointing authority. The Department of Public Instruction shall provide requested professional and clerical support to the search committee. The search committee shall terminate no later than May 1, 2011, and make its final recommendations to the State Board of Education upon its termination. "(e) The State Board of Education (Board) shall, in collaboration with the Office of State Personnel [now the Office of Human Resources], set the duties, recruitment standards, and classification for the position of Superintendent of the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, and Governor Morehead School for the Blind. The Department of Public Instruction shall create the position of superintendent from funds appropriated in this act. The Board shall provide public notice of the position no later than December 1, 2010. Upon considering the recommendations of the search committee, the Board shall hire a superintendent to assume oversight of the residential schools no later than June 1, 2011. "(f) Effective October 1, 2010, the Office of Education Services' Central Administration and Exceptional Children Support programs are eliminated. The following positions shall be eliminated as part of this action: "(1) Central Administration: "a. Executive Assistant I - 60038894 "b. Administrative Off III - 60038895 "c. Business Officer - 60038896 "d. Superintendent Office of Education - 60038897 "e. W Personnel Director I - 60038898 "f. Purchasing Technician - 60038900 "g. School Administrator - 60038903 "h. School Administrator - 60038905 "(2) Exceptional Children Support: "a. School Administrator - 60038901 "b. School Administrator - 60038902 "c. School Guidance Counselor - 60038904 "d. Human Services Clinical Counselor II - 60039190 "e. School Educator II - 60039306 "f. School Educator - 60039310 "g. Processing Assistant IV - 60039439 "(g) Effective October 1, 2010, the Resource Support, DHHS VI Outreach, and Deaf•lind statewide programs within the Office of Education Services (14424-1601) are transferred to the Department of Public Instruction, Exceptional Children Division. These transfers shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6 . The following positions shall also be transferred as part of this action: "(1) School Administrator - 60089692 "(2) School Educator I - 60039422 "(3) School Educator II - 60039420 "(4) School Educator I - 60039418 "(h) Effective for the 2010-2011 academic year, the Department of Health and Human Services shall reinstate the residential and instructional schedules for the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, and Governor Morehead School for the Blind that were in effect before February 8, 2010. Residential students shall have the opportunity to arrive at their respective schools on the evening of the day before commencement of academic instruction for the week. The Department of Health and Human Services shall also reinstate on-site summer school programming at these schools." Citizens Schools Program Pilot. - Session Laws 2008-107, s. 10.17(p), provides: "The sum of six hundred thousand dollars ($600,000) appropriated under this section in the TANF block grant to the Department of Health and Human Services, Division of Social Services, for the 2008-2009 fiscal year shall be used to implement a Citizens Schools Program, a three-year urban/rural dropout prevention pilot program in the Durham and Vance county public school systems. The Citizens Schools Program provides high-quality, extended learning time for middle school students in schools with high percentages of minority students, poor students, or both, and students with other risk factors for dropping out and reduces the rate of teen pregnancy. Students in the Citizens Schools Program receive after-school instruction in groups of eight to 12 students per adult. The instruction includes: (i) 60 minutes of daily academic support with strong study skills and critical thinking components, (ii) four 11-week apprenticeships, using volunteers as leaders focusing on 21 st century skills, and (iii) career exploration and choice time to further explore a variety of interests. Citizens Schools Team Leaders contact each student's family by telephone at least every two weeks to discuss the student's participation and progress. "North Carolina State University shall evaluate the program to ensure that the program is effectively helping students stay in school and successfully graduate in their four-year cohort. The evaluation shall include a long-term study of the graduation cohort rate increase as well as short-term measures, including attendance, grade point average, discipline, the program dropout rate, credits earned, and postsecondary education matriculation. Not later than January 1, 2009, North Carolina State University shall report to the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division on the results of its evaluation." Agriscience and Biotechnology Regional School Planning Commission. - Session Laws 2010-183, s. 1, provides: "There is established the Agriscience and Biotechnology Regional School Planning Commission. The purpose of the Commission shall be to develop and plan a regional school of agriscience and biotechnology. The Commission shall be located administratively in the Department of Public Instruction but shall exercise its powers and duties independently of the Department of Public Instruction. The Department of Public Instruction shall provide for the administrative costs of the Commission and shall provide staff to the Commission." Session Laws 2010-183, s. 2, provides: "The Commission shall consist of up to nine members appointed by the chair of the State Board of Education. Appointments shall be made no later than September 1, 2010." Session Laws 2010-183, s. 3, provides: "The Agriscience and Biotechnology Regional School Planning Commission shall develop a plan for a regional school of agriscience and biotechnology and shall ensure that the model is replicable, sustainable, and scaleable. In the development of its plan, the Commission shall: "(1) Consider the regional school's governance, funding for operational and capital needs, personnel, admissions and assignment of students, transportation, school food services, and other issues the Commission deems relevant. "(2) Solicit proposals from interested regions seeking to host the school and identify a location for the regional school. "(3) Identify potential business partners for the regional school. "(4) Consult with North Carolina State University and the NC Research Campus and establish connections between those institutions and the regional school." Session Laws 2010-183, s. 4, provides: "The Agriscience and Biotechnology Regional School Planning Commission shall report on its recommended plan to the State Board of Education, the Joint Legislative Joining Our Businesses and Schools (JOBS) Study Commission, and the Joint Legislative Education Oversight Committee by January 1, 2011." NC Virtual Public Schools Program. - Session Laws 2011-145, s. 7.22(a), (b), and (d)-(k), as amended by Session Laws 2012-142, s. 7.12, as amended by Session Laws 2013-360, s. 8.9(a), as amended by Session Laws 2014-115, s. 88, and as amended by Session Laws 2017-173, s. 6(a), provides: "(a) The North Carolina Virtual Public School (NCVPS) program shall report to the State Board of Education and shall maintain an administrative office at the Department of Public Instruction. "(b) The Director of NCVPS shall ensure that students residing in rural and low-wealth county local school administrative units have access to e-learning course offerings in order to expand available instructional opportunities. E-learning instructional opportunities shall include courses required as part of the standard course of study for high school graduation and AP offerings not otherwise available. "(d) The State Board of Education shall take the following steps to implement an allotment formula for NCVPS beginning with the 2011-2012 school year: "(1) Project NCVPS student enrollment by semester and year-long course types for each local school administrative unit and charter school. "(2) Establish a per course teacher payment structure for the instructional costs of NCVPS. In establishing this payment structure, the Board shall consider the following: "a. The payment structure is based on a total compensation analysis to ensure NCVPS teacher pay has parity with similar programs. The total compensation analysis shall take into account salaries, benefits, and work effort to ensure valid comparisons between occupations. "b. The effects any change in NCVPS teacher payments may have on the attraction and retention of NCVPS teachers. "(3) Develop a per student fee structure for in-State students that is based on the per course teacher pay structure. The fee structure for in-State students shall ensure that the projected cost for local school administrative units and charter schools equals the projected instructional cost for NCVPS courses. "(4) Multiply the per course fees for in-State students by the projected enrollment by course type to determine the total instructional cost for each local school administrative unit and charter school. "(5) Transfer a dollar amount equal to seventy-five percent (75%) of the local school administrative unit's or charter school's projected instructional cost from the classroom teacher allotment to NCVPS. "(6) Repealed by Session Laws 2013-360, s. 8.9(a), effective July 1, 2013. "(7) Subtract the amount transferred pursuant to subdivision (5) of this subsection from the actual instructional cost for each unit or charter school and transfer the remaining dollar amount owed, up to a maximum of one hundred percent (100%) of the projected cost. "(8) Develop and implement a policy regarding returning funds to local school administrative units and charter schools in cases where the amount transferred pursuant to subdivision (5) of this subsection exceeds the actual instructional costs. "NCVPS shall use funds transferred to it to provide the NCVPS program at no cost to all students in North Carolina who are enrolled in North Carolina's public schools, Department of Defense schools, and schools operated by the Bureau of Indian Affairs. "(e) In establishing the fee structure and payment structure for NCVPS, the State Board shall consider recommendations from the eLearning Commission and the NCVPS Advisory Board. "(f) The State Board shall establish a separate per student tuition for out-of-state students, home-schooled students, and private school students, which shall be adjusted upward from the in-State student fee structure by an amount determined appropriate by the State Board. "(g) The Board shall direct NCVPS to develop a plan to generate revenue from the sale of courses to out-of-state educational entities. Revenue generated by NCVPS shall be used to offset instructional costs to local school administrative units and charter schools. NCVPS shall submit its plan to the Board by September 15, 2011. "(h) Beginning in 2011, the Director of NCVPS shall submit an annual report on NCVPS to the State Board of Education no later than December 15 of each year. The report shall use data from the previous fiscal year and shall include statistics on actual versus projected costs to local school administrative units and charter schools, student enrollment, virtual teacher salaries, and measures of academic achievement. "The Director of NCVPS shall continue to ensure the following: "(1) Course quality standards are established and met for courses developed by NCVPS. "(2) Repealed by Session Laws 2017-173, s. 6(a). "(3) All courses offered through NCVPS are aligned to the North Carolina Standard Course of Study. "(i) The State Board of Education shall reduce each local school administrative unit's or charter school's classroom teacher allotment, or other allotment, as determined by the State Board of Education, on the basis of ADM in grades 6-12 to provide the sum of two million eight hundred sixty-six thousand nine hundred twenty-three dollars ($2,866,923) for the State-level operations and administration of NCVPS for the 2011-2012 fiscal year. The allotment reduction for State-level operations and administration shall continue in future fiscal years and be adjusted annually based upon the percentage growth in NCVPS enrollment, ensuring the expansion of services due to increased virtual student enrollment. "(j) For fiscal year 2011-2012, the State Board of Education shall reduce each local school administrative unit's or charter school's classroom teacher allotment, or other allotment, as determined by the State Board of Education, on the basis of ADM in grades 6-12 to provide the sum of two million dollars ($2,000,000) in order to create an NCVPS enrollment reserve. The NCVPS enrollment reserve shall be used to cover the NCVPS instructional costs of local school administrative units or charter schools with enrollments exceeding projected NCVPS enrollment. "Beginning in fiscal year 2012-2013, and annually thereafter, the State Board of Education shall reduce each local school administrative unit's or charter school's classroom teacher allotment, or other allotment, as determined by the State Board of Education, on the basis of ADM in grades 6-12 an amount that is the difference between two million dollars ($2,000,000) and the balance of the NCVPS enrollment reserve. "Amounts available in the NCVPS enrollment reserve shall not revert. "(k) The only funds that may be used for the instructional costs of NCVPS are the following: "(1) Funds provided through the North Carolina Virtual Public Schools Allotment Formula. "(2) Funds provided through the NCVPS enrollment reserve as set forth in this section. "(3) Local funds. "(4) Federal funds. "(5) Special State Reserve Funds for Children and Youth with Disabilities. "(6) ADM Contingency Reserve." For similar prior provisions, see Session Laws 2005-276, s. 7.41(a)-(e). Transfer of Summer Food Service Program to Department of Public Instruction. - Session Laws 2014-100, s. 12E.9(a), provides: "The North Carolina Summer Food Service Program is hereby transferred from the Department of Health and Human Services, Division of Public Health, to the Department of Public Instruction, by a Type I transfer, as defined in G.S. 143A-6 ." Pilot Program for Integrated Community-Based Adapted Sports Program for K-12 Students with Disabilities. - Session Laws 2015-291, s. 3, effective July 1, 2015, provides: "Of the funds appropriated to the Department of Public Instruction or State Aid for Public Schools for the 2015-2017 fiscal biennium, the Department may use up to three hundred thousand dollars ($300,000) each fiscal year to develop and implement a pilot program for an integrated community-based adapted sports program for students with disabilities in grades kindergarten through 12. If the Department uses funds for this purpose, the pilot program shall be consistent with the 'Dear Colleague' letter addressing equal access to extracurricular athletics for students with disabilities released by the U.S. Department of Education, Office for Civil Rights, on January 25, 2013. The pilot program shall also include specific strategies to overcome barriers to the participation of students with disabilities in extracurricular athletics and incorporate a philosophy of personal empowerment for those students. The pilot program may be conducted in one or more local school administrative units and provide for collaboration with universities and community colleges and other community organizations to achieve the purposes of the program." Participation in Investing in Innovation Grants. - Session Laws 2015-241, s. 8.27(b)-(d), as amended by 2015-268, s. 3.1, provides: "(b) The federal Investing in Innovation Fund Grant: Validating Early College Strategies for Traditional Comprehensive High Schools awarded to the North Carolina New Schools Project for 2012-2020 requires students to enroll in a community college course in the tenth grade. Notwithstanding any other provision of law, specified local school administrative units may offer one community college course to participating sophomore (tenth grade) students. Participating local school administrative units are Alleghany, Beaufort, Bladen, Duplin, Hertford, Harnett, Jones, Madison, Martin, Richmond, Rutherford, Scotland, Surry, Warren, and Yancey County Schools. "(c) Grant funds shall be used to pay for all costs incurred by the local school administrative units and the community college partners to implement the grant, including community college FTE. Community colleges shall not earn budget FTE for student course enrollments under this grant, unless the student course enrollment is otherwise authorized as provided in G.S. 115D-20(4) a., as amended by this act. "(d) Research conducted as part of the federal grant program under subsection (a) of this section shall address the effects of early college strategies in preparing students for college completion. The North Carolina New Schools Project shall report on the implementation of the grant to the State Board of Education, State Board of Community Colleges, Office of the Governor, and the Joint Legislative Education Oversight Committee no later than March 15, 2016, and annually thereafter until the end of the grant period." Session Laws 2015-241, s. 8.27(a) repealed Session Laws 2013-360, s. 8.25, as amended by Session Laws 2014-100, s. 8.27, containing the former prior provisions. Use of Supplemental Funding in Low-Wealth Counties. - Session Laws 2017-57, s. 7.3(a)-(k), as amended by Session Laws 2017-197, s. 2.19, and Session Laws 2018-5, s. 7.3, provides: "(a) Use of Funds for Supplemental Funding. - All funds received pursuant to this section shall be used only (i) to provide instructional positions, instructional support positions, teacher assistant positions, clerical positions, school computer technicians, instructional supplies and equipment, staff development, and textbooks and digital resources and (ii) for salary supplements for instructional personnel and instructional support personnel. Local boards of education are encouraged to use at least twenty-five percent (25%) of the funds received pursuant to this section to improve the academic performance of children who are performing at Level I or II on either reading or mathematics end-of-grade tests in grades three through eight. "(b) Definitions. - As used in this section, the following definitions apply: "(1) Anticipated county property tax revenue availability. - The county-adjusted property tax base multiplied by the effective State average tax rate. "(2) Anticipated total county revenue availability. - The sum of the following: "a. Anticipated county property tax revenue availability. "b. Local sales and use taxes received by the county that are levied under Chapter 1096 of the 1967 Session Laws or under Subchapter VIII of Chapter 105 of the General Statutes. "c. Fines and forfeitures deposited in the county school fund for the most recent year for which data are available. "(3) Anticipated total county revenue availability per student. - The anticipated total county revenue availability for the county divided by the average daily membership of the county. "(4) Anticipated State average revenue availability per student. - The sum of all anticipated total county revenue availability divided by the average daily membership for the State. "(5) Average daily membership. - Average daily membership as defined in the North Carolina Public Schools Allotment Policy Manual adopted by the State Board of Education. If a county contains only part of a local school administrative unit, the average daily membership of that county includes all students who reside within the county and attend that local school administrative unit. "(6) County-adjusted property tax base. - Computed as follows: "a. Subtract the present-use value of agricultural land, horticultural land, and forestland in the county, as defined in G.S. 105-277.2 , from the total assessed real property valuation of the county. "b. Adjust the resulting amount by multiplying by a weighted average of the three most recent annual sales assessment ratio studies. "c. Add to the resulting amount the following: "1. Present-use value of agricultural land, horticultural land, and forestland, as defined in G.S. 105-277.2 . "2. Value of property of public service companies, determined in accordance with Article 23 of Chapter 105 of the General Statutes. "3. Personal property value for the county. "(7) County-adjusted property tax base per square mile. - The county-adjusted property tax base divided by the number of square miles of land area in the county. "(8) County wealth as a percentage of State average wealth. - Computed as follows: "a. Compute the percentage that the county per capita income is of the State per capita income and weight the resulting percentage by a factor of five-tenths. "b. Compute the percentage that the anticipated total county revenue availability per student is of the anticipated State average revenue availability per student and weight the resulting percentage by a factor of four-tenths. "c. Compute the percentage that the county-adjusted property tax base per square mile is of the State-adjusted property tax base per square mile and weight the resulting percentage by a factor of one-tenth. "d. Add the three weighted percentages to derive the county wealth as a percentage of the State average wealth. "(9) Effective county tax rate. - The actual county tax rate multiplied by a weighted average of the three most recent annual sales assessment ratio studies. "(10) Effective State average tax rate. - The average of effective county tax rates for all counties. "(11) Local current expense funds. - The most recent county current expense appropriations to public schools, as reported by local boards of education in the audit report filed with the Secretary of the Local Government Commission pursuant to G.S. 115C-447 . "(12) Per capita income. - The average for the most recent three years for which data are available of the per capita income according to the most recent report of the United States Department of Commerce, Bureau of Economic Analysis, including any reported modifications for prior years as outlined in the most recent report. "(13) Sales assessment ratio studies. - Sales assessment ratio studies performed by the Department of Revenue under G.S. 105-289(h) . "(14) State average adjusted property tax base per square mile. - The sum of the county-adjusted property tax bases for all counties divided by the number of square miles of land area in the State. "(15) State average current expense appropriations per student. - The most recent State total of county current expense appropriations to public schools, as reported by local boards of education in the audit report filed with the Secretary of the Local Government Commission pursuant to G.S. 115C-447 . "(16) Supplant. - To decrease local per student current expense appropriations from one fiscal year to the next fiscal year. "(17) Weighted average of the three most recent annual sales assessment ratio studies. - The weighted average of the three most recent annual sales assessment ratio studies in the most recent years for which county current expense appropriations and adjusted property tax valuations are available. If real property in a county has been revalued one year prior to the most recent sales assessment ratio study, a weighted average of the two most recent sales assessment ratios shall be used. If property has been revalued the year of the most recent sales assessment ratio study, the sales assessment ratio for the year of revaluation shall be used. "(c) Eligibility for Funds. - Except as provided in subsection (g) of this section, the State Board of Education shall allocate these funds to local school administrative units located in whole or in part in counties in which the county wealth as a percentage of the State average wealth is less than one hundred percent (100%). "(d) Allocation of Funds. - Except as provided in subsection (f) of this section, the amount received per average daily membership for a county shall be the difference between the State average current expense appropriations per student and the current expense appropriations per student that the county could provide given the county's wealth and an average effort to fund public schools. To derive the current expense appropriations per student that the county could be able to provide given the county's wealth and an average effort to fund public schools, multiply the county's wealth as a percentage of State average wealth by the State average current expense appropriations per student. The funds for the local school administrative units located in whole or in part in the county shall be allocated to each local school administrative unit located in whole or in part in the county based on the average daily membership of the county's students in the school units. If the funds appropriated for supplemental funding are not adequate to fund the formula fully, each local school administrative unit shall receive a pro rata share of the funds appropriated for supplemental funding. "(e) Formula for Distribution of Supplemental Funding Pursuant to This Section Only. - The formula in this section is solely a basis for distribution of supplemental funding for low-wealth counties and is not intended to reflect any measure of the adequacy of the educational program or funding for public schools. The formula is also not intended to reflect any commitment by the General Assembly to appropriate any additional supplemental funds for low-wealth counties. "(f) Minimum Effort Required. - A county shall receive full funding under this section if the county (i) maintains an effective county tax rate that is at least one hundred percent (100%) of the effective State average tax rate in the most recent year for which data are available or (ii) maintains a county appropriation per student to the school local current expense fund of at least one hundred percent (100%) of the current expense appropriations per student to the school local current expense fund that the county could provide given the county's wealth and an average effort to fund public schools. A county that maintains a county appropriation per student to the school local current expense fund of less than one hundred percent (100%) of the current expense appropriations per student to the school local current expense fund that the county could provide given the county's wealth and an average effort to fund public schools shall receive funding under this section at the same percentage that the county's appropriation per student to the school local current expense fund is of the current expense appropriations per student to the school local current expense fund that the county could provide given the county's wealth and an average effort to fund public schools. "(g) Nonsupplant Requirement. - A county in which a local school administrative unit receives funds under this section shall use the funds to supplement local current expense funds and shall not supplant local current expense funds. For the 2017-2019 fiscal biennium, the State Board of Education shall not allocate funds under this section to a county found to have used these funds to supplant local per student current expense funds. The State Board of Education shall make a finding that a county has used these funds to supplant local current expense funds in the prior year, or the year for which the most recent data are available, if all of the following criteria apply: "(1) The current expense appropriations per student of the county for the current year is less than ninety-five percent (95%) of the average of local current expense appropriations per student for the three prior fiscal years. "(2) The county cannot show (i) that it has remedied the deficiency in funding or (ii) that extraordinary circumstances caused the county to supplant local current expense funds with funds allocated under this section. "The State Board of Education shall adopt rules to implement the requirements of this subsection. "(h) Counties Containing a Base of the Armed Forces. - Notwithstanding any other provision of this section, for the 2017-2018 fiscal year, a county containing a base of the Armed Forces of the United States that has an average daily membership of more than 23,000 students shall receive whichever is the higher amount in the 2017-2018 fiscal year as follows: either the amount of supplemental funding the county received as a low-wealth county in the 2012-2013 fiscal year or the amount of supplemental funding the county is eligible to receive as a low-wealth county pursuant to the formula for distribution of supplemental funding under the other provisions of this section. "Notwithstanding any other provision of this section, for the 2018-2019 fiscal year, counties containing a base of the Armed Forces of the United States that have an average daily membership of more than 17,000 students shall receive whichever is the higher amount in the 2018-2019 fiscal year as follows: either the amount of supplemental funding the county received as a low-wealth county in the 2012-2013 fiscal year or the amount of supplemental funding the county is eligible to receive as a low-wealth county pursuant to the formula for distribution of supplemental funding under the other provisions of this section. "(i) Funds for EVAAS Data. - Notwithstanding the requirements of subsection (a) of this section, local school administrative units may utilize funds allocated under this section to purchase services that allow for extraction of data from the Education Value-Added Assessment System (EVAAS). "(j) Reports. - For the 2017-2019 fiscal biennium, the State Board of Education shall report to the Fiscal Research Division prior to May 15 of each year if it determines that counties have supplanted funds. "(k) Department of Revenue Reports. - The Department of Revenue shall provide to the Department of Public Instruction a preliminary report for the current fiscal year of the assessed value of the property tax base for each county prior to March 1 of each year and a final report prior to May 1 of each year. The reports shall include for each county the annual sales assessment ratio and the taxable values of (i) total real property, (ii) the portion of total real property represented by the present-use value of agricultural land, horticultural land, and forestland, as defined in G.S. 105-277.2 , (iii) property of public service companies determined in accordance with Article 23 of Chapter 105 of the General Statutes, and (iv) personal property." For similar prior provisions, see Session Laws 1999-237, s. 8.5(a)-(j), Session Laws 2001-424, s. 28.6(a)-(j), Session Laws 2003-284, s. 7.6(a)-(j), Session Laws 2005-276, s. 7.6(a)-(j), Session Laws 2007-323, s. 7.6(a)-(j), Session Laws 2009-451, s. 7.3(a)-(i), Session Laws 2011-145, s. 7.4(a)-(i), Session Laws 2013-360, s. 8.3(a)-(k), as amended by Session Laws 2013-363, s. 3.19, Session Laws 2014-115, s. 92, and Session Laws 2015-241, s. 8.3(a)-(k). Small School System Supplemental Funding. - Session Laws 2017-57, s. 7.4(a)-(f), as amended by Session Laws 2018-5, s. 7.4, provides: "(a) Allotment Schedule for the 2017-2018 Fiscal Year. - Except as otherwise provided in subsection (d) of this section, each eligible county school administrative unit shall receive a dollar allotment according to the following schedule: Allotted ADM Small County Allotment 0-600 $1,710,000 601-1,300 $1,820,000 1,301-1,700 $1,548,700 1,701-2,000 $1,600,000 2,001-2,300 $1,560,000 2,301-2,600 $1,470,000 2,601-2,800 $1,498,000 2,801-3,200 $1,548,000 "(a1) Allotment Schedule for the 2018-2019 Fiscal Year. - Except as otherwise provided in subsection (d) of this section, each eligible county school administrative unit shall receive a dollar allotment according to the following schedule: Allotted ADM Small County Allotment 0-600 $1,710,000 601-1,300 $1,820,000 1,301-1,700 $1,548,700 1,701-2,000 $1,600,000 2,001-2,300 $1,560,000 2,301-2,600 $1,470,000 2,601-2,800 $1,498,000 2,801-3,300 $1,548,000 "(b) Phase-Out Provision for the 2017-2018 Fiscal Year. - If a local school administrative unit becomes ineligible for funding under the schedule in subsection (a) of this section in the 2017-2018 fiscal year, funding for that unit shall be phased out over a five-year period. Funding for such local school administrative units shall be reduced in equal increments in each of the five years after the unit becomes ineligible. Funding shall be eliminated in the fifth fiscal year after the local school administrative unit becomes ineligible. "Allotments for eligible local school administrative units under this subsection shall not be reduced by more than twenty percent (20%) of the amount received in fiscal year 2016-2017 in any fiscal year. A local school administrative unit shall not become ineligible for funding if either the highest of the first two months total projected average daily membership for the current year or the higher of the first two months total prior year average daily membership would otherwise have made the unit eligible for funds under the schedule in subsection (a) of this section. "(c) Phase-Out Provision for the 2018-2019 Fiscal Year. - If a local school administrative unit becomes ineligible for funding under the schedule in subsection (a1) of this section in the 2018-2019 fiscal year, funding for that unit shall be phased out over a five-year period. Funding for such local school administrative units shall be reduced in equal increments in each of the five years after the unit becomes ineligible. Funding shall be eliminated in the fifth fiscal year after the local administrative unit becomes ineligible. "Allotments for eligible local school administrative units under this subsection shall not be reduced by more than twenty percent (20%) of the amount received in fiscal year 2017-2018 in any fiscal year. A local school administrative unit shall not become ineligible for funding if either the highest of the first two months total projected average daily membership for the current year or the higher of the first two months total prior year average daily membership would otherwise have made the unit eligible for funds under the schedule in subsection (a1) of this section. "(d) Nonsupplant Requirement for the 2017-2019 Fiscal Biennium. - A county in which a local school administrative unit receives funds under this section shall use the funds to supplement local current expense funds and shall not supplant local current expense funds. For the 2017-2019 fiscal biennium, the State Board of Education shall not allocate funds under this section to a county found to have used these funds to supplant local per student current expense funds. The State Board of Education shall make a finding that a county has used these funds to supplant local current expense funds in the prior year or the year for which the most recent data are available, if all of the following criteria apply: "(1) The current expense appropriation per student of the county for the current year is less than ninety-five percent (95%) of the average of local current expense appropriation per student for the three prior fiscal years. "(2) The county cannot show (i) that it has remedied the deficiency in funding or (ii) that extraordinary circumstances caused the county to supplant local current expense funds with funds allocated under this section. "The State Board of Education shall adopt rules to implement the requirements of this subsection. "(e) Reports. - For the 2017-2019 fiscal biennium, the State Board of Education shall report to the Fiscal Research Division prior to May 15 of each fiscal year if it determines that counties have supplanted funds. "(f) Use of Funds. - Local boards of education are encouraged to use at least twenty percent (20%) of the funds they receive pursuant to this section to improve the academic performance of children who are performing at Level I or II on either reading or mathematics end-of-grade tests in grades three through eight. "Local school administrative units may also utilize funds allocated under this section to purchase services that allow for extraction of data from the Education Value-Added Assessment System (EVAAS)." For similar prior provisions, see Session Laws 1993, c. 561, s. 52(b), Session Laws 1999-237, s. 8.6(a), as amended by Session Laws 2000-67, s. 8.25, Session Laws 2001-424, s. 28.7(a)-(f), Session Laws 2003-284, s. 7.7(a)-(f), as amended by Session Laws 2004-124, s. 7.9A, Session Laws 2005-276, s. 7.7(a)-(f), Session Laws 2007-323, s. 7.7(a)-(f), as modified by Session Laws 2008-107, s. 7.20, Session Laws 2009-575, s. 3M(a), as amended by Session Laws 2010-451, s. 7.4(a)-(f), Session Laws 2011-145, s. 7.12(a)-(i), and Session Laws 2013-360, s. 8.4(a)-(j), as amended by Session Laws 2013-363, s. 3.11, as amended by Session Laws 2014-100, s. 8.4, and as amended by Session Laws 2014-115, s. 93, and Session Laws 2015-241, s. 8.4(a)-(f), as amended by Session Laws 2016-94, s. 8.4. Disadvantaged Student Supplemental Funding (DSSF). - Session Laws 2017-57, s. 7.5(a)-(c), provides: "(a) Funds appropriated in this act for disadvantaged student supplemental funding shall be used, consistent with the policies and procedures adopted by the State Board of Education, only to do the following: "(1) Provide instructional positions or instructional support positions. "(2) Provide professional development. "(3) Provide intensive in-school or after-school remediation, or both. "(4) Purchase diagnostic software and progress-monitoring tools. "(5) Provide funds for teacher bonuses and supplements. The State Board of Education shall set a maximum percentage of the funds that may be used for this purpose. "The State Board of Education may require local school administrative units receiving funding under the Disadvantaged Student Supplemental Fund to purchase the Education Value-Added Assessment System (EVAAS) in order to provide in-depth analysis of student performance and help identify strategies for improving student achievement. This data shall be used exclusively for instructional and curriculum decisions made in the best interest of children and for professional development for their teachers and administrators. "(b) Disadvantaged student supplemental funding (DSSF) shall be allotted to a local school administrative unit based on (i) the unit's eligible DSSF population and (ii) the difference between a teacher-to-student ratio of 1:21 and the following teacher-to-student ratios: "(1) For counties with wealth greater than ninety percent (90%) of the statewide average, a ratio of 1:19.9. "(2) For counties with wealth not less than eighty percent (80%) and not greater than ninety percent (90%) of the statewide average, a ratio of 1:19.4. "(3) For counties with wealth less than eighty percent (80%) of the statewide average, a ratio of 1:19.1. "(4) For local school administrative units receiving DSSF funds in fiscal year 2005-2006, a ratio of 1:16. These local school administrative units shall receive no less than the DSSF amount allotted in fiscal year 2006-2007. "For the purpose of this subsection, wealth shall be calculated under the low-wealth supplemental formula as provided for in this act. "(c) If a local school administrative unit's wealth increases to a level that adversely affects the unit's disadvantaged student supplemental funding (DSSF) allotment ratio, the DSSF allotment for that unit shall be maintained at the prior year level for one additional fiscal year." For similar prior provisions, see Session Laws 2005-276, s. 7.8(a)-(c), as amended by Session Laws 2006-66, s. 7.10; Session Laws 2007-323, s. 7.8(a)-(d), as amended by Session Laws 2008-107, s. 7.9; Session Laws 2011-145, s. 7.8(a)-(c); and Session Laws 2013-360, s. 8.5(a)-(c); and Session Laws 2015-241, s. 8.5(a)-(c). Joint Legislative Task Force On Education Finance Reform - Session Laws 2017-57, s. 7.23D(a)-(f), as amended by Session Laws 2018-5, s. 7.10, provides: "(a) There is created the Joint Legislative Task Force on Education Finance Reform (Task Force). "(b) The Task Force shall consist of nine members of the Senate appointed by the President Pro Tempore of the Senate and nine members of the House of Representatives appointed by the Speaker of the House of Representatives. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each appoint a cochair of the Task Force from among its membership. These appointments shall be made no later than September 1, 2017. "It is expected that the makeup of the Task Force reflect geographic and urban/rural diversity. At least one member of the House of Representatives and at least one member of the Senate shall be from the minority party of their respective chambers. "(c) In consultation with the State Board of Education and the Department of Public Instruction, the Task Force shall study various weighted student formula funding models and develop a new funding model for the elementary and secondary public schools of North Carolina based on a weighted student formula. As a part of this process, the Task Force shall do all of the following: "(1) Review the State's current public school allotment system and undertake an in-depth study of various types of weighted student formula funding models. In its study, the Task Force is encouraged to consider models used by other states. "(2) Determine the base amount of funds that must be distributed on a per student basis to cover the cost of educating a student in the State. "(3) Identify the student characteristics eligible for weighted funding and the associated weights for each of these characteristics. "(4) Resolve the extent to which the base amount of funds to be distributed would be adjusted based on the characteristics of each local school administrative unit. "(5) Decide which funding elements, if any, would remain outside the base of funds to be distributed under a weighted student formula. "(6) Study other funding models for elementary and secondary public schools, including public charter schools, in addition to the weighted student funding formula. "(7) Study funding models to provide children with disabilities with a free appropriate public education. This shall include a consideration of economies of scale, the advisability and practicality of capping additional funding for children with disabilities, and additional costs associated with services required for particular disabilities. "(8) Study any other issue the Task Force considers relevant. "(d) The Task Force shall meet upon the call of its cochairs. A quorum of the Task Force is a majority of its members. No action may be taken except by a majority vote at a meeting at which a quorum is present. The Task Force, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4 . The Task Force may contract for professional, clerical, or consultant services, as provided by G.S. 120-32.02 . If the Task Force hires a consultant, the consultant shall not be a State employee or a person currently under contract with the State to provide services. Members of the Task Force shall receive per diem, subsistence, and travel allowance as provided in G.S. 120-3.1 . The expenses of the Task Force shall be considered expenses incurred for the joint operation of the General Assembly. "(e) The Legislative Services Officer shall assign professional and clerical staff to assist the Task Force in its work. The Director of Legislative Assistants of the House of Representatives and the Director of Legislative Assistants of the Senate shall assign clerical support to the Task Force. "(f) Meetings of the Task Force shall begin no later than October 1, 2017. The Task Force shall submit a final report on the results of its study and development, including proposed legislation, to the Joint Legislative Education Oversight Committee on or before October 1, 2019, by filing a copy of the report with the Office of the President Pro Tempore of the Senate, the Office of the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Legislative Library. The Task Force shall terminate on October 1, 2019, or upon the filing of its final report, whichever comes first." Editor's Note. - This Chapter is former Chapter 115 , as rewritten by Session Laws 1981, c. 423, s. 1, and recodified. Where appropriate, the historical citations to the sections in the former Chapter have been added to corresponding sections in the Chapter as rewritten and recodified. Session Laws 2008-107, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2008'." Session Laws 2008-107, s. 30.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2008-2009 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2008-2009 fiscal year." Session Laws 2008-107, s. 30.5, is a severability clause. Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'." Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year." Session Laws 2010-31, s. 32.6, is a severability clause. Session Laws 2011-145, s. 7.25(a)-(d), as amended by Session Laws 2012-142, s. 7.8(a), provides: "(a) Repealed by Session Laws 2012-142, s. 7.8(a). "(b) The Department of Public Instruction shall ensure that the residential and instructional schedules for the residential schools that were in effect before February 8, 2010, shall remain in effect unless the General Assembly approves a material change to the instructional week. Residential students shall have the opportunity to arrive at their respective schools on the evening of the day before commencement of academic instruction for the week. The Department shall also maintain summer school programming at the residential schools in substantially the same manner as in prior years and shall make no material changes to summer school programming without the approval of the General Assembly. "(c) The Department of Public Instruction may create a principal position at each residential school not currently assigned a principal position from funds appropriated in this act for the residential schools. "(d) The position of superintendent for the residential schools within the Department of Public Instruction is eliminated. The Department shall designate one of the directors of the residential schools to serve as the superintendent for the residential schools. Of funds previously appropriated to the Department for the position of superintendent for the residential schools, the sum of twenty thousand dollars ($20,000) shall be used to supplement the salary of the director who also serves as superintendent of residential schools. The remaining funds shall be used to offset other reductions to the residential schools made in this act." Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2012-142, s. 7A.10(a), provides: "Each local board of education may develop a plan of performance pay for all licensed personnel employed by the local board. Under the performance pay plan, licensed employees should be eligible to receive bonuses or adjustments to base salary for meeting certain performance criteria. Criteria for award of bonuses or adjustments to base salary should include, but are not limited to, the following factors: "(1) Annual growth in student achievement of students assigned to a teacher's classroom, when applicable. "(2) Annual growth in student achievement of students assigned to a specific school. "(3) Assignment of additional academic responsibilities. "(4) Assignment to a hard-to-staff school. "(5) Assignment to a hard-to-staff subject area. "Local boards of education who have developed a plan shall submit plans to the State Board of Education no later than March 1, 2013. The State Board of Education shall report on these plans and the achievement-based compensation models developed as part of the federal Race to the Top grant and shall submit the report and all plans to the Fiscal Research Division, the Joint Legislative Commission on Governmental Operations, and the respective Subcommittees on Education Appropriations of the Senate and House of Representatives no later than April 15, 2013. Members of the public may also submit plans for performance pay no later than April 15, 2013, to the Fiscal Research Division, the Joint Legislative Commission on Governmental Operations, and the respective Subcommittees on Education Appropriations of the Senate and House of Representatives." Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year." Session Laws 2012-142, s. 27.7, is a severability clause. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2016-126, 4th Ex. Sess., s. 41.1(a), as amended by Session Laws 2018-97, s. 2.4(a), provides: "The Center for Safer Schools is hereby moved to the Department of Public Instruction. This transfer shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6 ." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause. Legal Periodicals. - For article, "Looking to the Future: Legal and Policy Options for Racially Integrated Education in the South and the Nation: The Future is Now: Legal and Policy Options for Racially Integrated Education," see 88 N.C. L. Rev. 713 (2010). For article, "Looking to the Future: Legal and Policy Options for Racially Integrated Education in the South and the Nation: Racially Integrated Education and the Role of the Federal Government," see 88 N.C. L. Rev. 725 (2010). For article, "Looking to the Future: Legal and Policy Options for Racially Integrated Education in the South and the Nation: Resurrecting the Promise of Brown: Understanding and Remedying How the Supreme Court Reconstitutionalized Segregated Schools," see 88 N.C. L. Rev. 787 (2010). For article, "Looking to the Future: Legal and Policy Options for Racially Integrated Education in the South and the Nation: After Unitary Status: Examining Voluntary Integration Strategies for Southern School Districts," see 88 N.C. L. Rev. 877 (2010). For article, "Looking to the Future: Legal and Policy Options for Racially Integrated Education in the South and the Nation: Pursuing Educational Opportunities for Latino/a Students," see 88 N.C. L. Rev. 911 (2010). For article, "Looking to the Future: Legal and Policy Options for Racially Integrated Education in the South and the Nation: Integrated Education and Mathematics Outcomes: A Synthesis of Social Science Research," see 88 N.C. L. Rev. 993 (2010). For article, "Looking to the Future: Legal and Policy Options for a Racially Integrated Education in the South and the Nation: Altering Grade Configurations in Virginia Schools: Reducing School Segregation Without Necessarily Considering Race in Light of the Parents Involved Ruling," see 88 N.C. L. Rev. 1091 (2010). For article, "Looking to the Future: Legal and Policy Options for a Racially Integrated Education in the South and the Nation: Still Swimming Against the Resegregation Tide? A Suburban Southern School District in the Aftermath of Parents Involved," see 88 N.C. L. Rev. 1145 (2010). For article, "Privatizing the Public Good: Emerging Trends in K-16 Education: The Government Speech Doctrine and Speech in Schools," see 48 Wake Forest L. Rev. 2 (2013). For article, "Privatizing the Public Good: Emerging Trends in K-16 Education: The High Cost of Education Federalism," see 48 Wake Forest L. Rev. 287 (2013). For article, "Privatizing the Public Good: Emerging Trends in K-16 Education: For-Profits and the Market Paradox," see 48 Wake Forest L. Rev. 333 (2013). For article, "Privatizing the Public Good: Emerging Trends in K-16 Education: No Accounting for School Vouchers," see 48 Wake Forest L. Rev. 361 (2013). For article, "Privatizing the Public Good: Emerging Trends in K-16 Education: Public Decisions and Private Choices: Reassessing the School-Housing Segregation Link in the Post-Parents Involved Era," see 48 Wake Forest L. Rev. 397 (2013). For article, "Privatizing the Public Good: Emerging Trends in K-16 Education: Private Paradigm Constrains Public Response to Twenty-First Challenges," see 48 Wake Forest L. Rev. 427 (2013). For article, "Privatizing the Public Good: Emerging Trends in K-16 Education: The Promise and Pitfalls of Empiricism in Educational Equality Jurisprudence," see 48 Wake Forest L. Rev. 489 (2013).