North Carolina § 115C-21 - Powers and duties generally.

§ 115C-21. Powers and duties generally.

Administrative Duties. - It shall be the duty of the Superintendent of Public Instruction: To organize and establish a Department of Public Instruction which shall include divisions and departments for supervision and administration of the public school system, to administer the funds appropriated for the operation of the Department of Public Instruction, in accordance with all needed rules and regulations adopted by the State Board of Education, and to enter into contracts for the operations of the Department of Public Instruction. All appointments of administrative and supervisory personnel to the staff of the Department of Public Instruction and the State Board of Education, except for certain personnel appointed by the State Board of Education as provided in G.S. 115C-11(j), shall be under the control and management of the Superintendent of Public Instruction who may terminate these appointments in conformity with Chapter 126 of the General Statutes, the North Carolina Human Resources Act. To keep the public informed as to the problems and needs of the public schools by constant contact with all school administrators and teachers, by personal appearance at public gatherings, and by information furnished to the press of the State. To report biennially to the Governor 30 days prior to each regular session of the General Assembly, such report to include information and statistics of the public schools, with recommendations for their improvement and for changes in the school law. To have printed and distributed such educational bulletins as are necessary for the professional improvement of teachers and for the cultivation of public sentiment for public education, and to have printed all forms necessary and proper for the administration of the Department of Public Instruction. To have under his or her direction and control, all matters relating to the direct supervision and administration of the public school system. To create and administer special funds within the Department of Public Instruction to manage funds received as grants from nongovernmental sources in support of public education in accordance with G.S. 115C-410. Repealed by Session Laws 1995, c. 72, s. 2. To administer, through the Department of Public Instruction, all needed rules and regulations established by the State Board of Education. To have under his or her direction and control all matters relating to the provision of staff services, except certain personnel appointed by the State Board as provided in G.S. 115C-11(j), and support of the State Board of Education, including implementation of federal programs on behalf of the State Board. Duties as Secretary to the State Board of Education. - As secretary to the State Board of Education, it shall be the duty of the Superintendent of Public Instruction: Repealed by Session Laws 2016-126, 4th Ex. Sess., s. 4, effective January 1, 2017. Repealed by Session Laws 1995, c. 72, s. 2. To administer funds appropriated for the operations of the State Board of Education and for aid to local school administrative units. To keep the Board informed regarding developments in the field of public education. To make recommendations to the Board with regard to the problems and needs of education in North Carolina. To make available to the public schools a continuous program of comprehensive supervisory services. To collect and organize information regarding the public schools, on the basis of which he or she shall furnish the Board such tabulations and reports as may be required by the Board. To communicate to the public school administrators all information and instructions regarding needed rules and regulations adopted by the Board. To have custody of the official seal of the Board and to attest all deeds, leases, or written contracts executed in the name of the Board. All deeds of conveyance, leases, and contracts affecting real estate, title to which is held by the Board, and all contracts of the Board required to be in writing and under seal, shall be executed in the name of the Board by the chairman and attested by the secretary; and proof of the execution, if required or desired, may be had as provided by law for the proof of corporate instruments. To attend all meetings of the Board and to keep the minutes of the proceedings of the Board in a well-bound and suitable book, which minutes shall be approved by the Board prior to its adjournment; and, as soon thereafter as possible, to furnish to each member of the Board a copy of said minutes. To perform such other duties as may be necessary and appropriate for the Superintendent of Public Instruction in the role as secretary to the Board. History (1955, c. 1372, art. 2, s. 2; art. 3, ss. 3, 4; 1957, c. 541, s. 11; 1961, c. 969; 1963, c. 448, ss. 24, 27; c. 688, ss. 1, 2; c. 1223, s. 1; 1965, c. 1185, s. 2; 1967, c. 643, s. 1; 1969, c. 517, s. 1; 1971, c. 704, s. 4; c. 745; 1973, c. 476, s. 138; c. 675; 1975, c. 699, ss. 2, 3; c. 975; 1979, c. 300, s. 1; c. 935; 1981, c. 423, s. 1; 1985, c. 479, s. 37; 1987 (Reg. Sess., 1988), c. 1025, ss. 5-8; 1989, c. 752, s. 78(a); 1989 (Reg. Sess., 1990), c. 1066, s. 102; 1991 (Reg. Sess., 1992), c. 812, s. 6(g); c. 1044, s. 22(a); 1993, c. 522, s. 1; 1995, c. 72, s. 2; 2014-115, s. 55.4(b); 2016-126, 4th Ex. Sess., s. 4.) Students with Limited English Proficiency. - Session Laws 2007-323, s. 7.9(a), (b), as amended by Session Laws 2014-115, s. 87, provides: "(a) The State Board of Education shall develop guidelines for identifying and providing services to students with limited proficiency in the English language. "The State Board shall allocate these funds to local school administrative units and to charter schools under a formula that takes into account the average percentage of students in the units or the charters over the past three years who have limited English proficiency. The State Board shall allocate funds to a unit or a charter school only if (i) average daily membership of the unit or the charter school includes at least 20 students with limited English proficiency or (ii) students with limited English proficiency comprise at least two and one-half percent (2.5%) of the average daily membership of the unit or charter school. For the portion of the funds that is allocated on the basis of the number of identified students, the maximum number of identified students for whom a unit or charter school receives funds shall not exceed ten and six-tenths percent (10.6%) of its average daily membership. "Local school administrative units shall use funds allocated to them to pay for classroom teachers, teacher assistants, tutors, textbooks, classroom materials/instructional supplies/equipment, transportation costs, and staff development of teachers for students with limited English proficiency. "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. "(b) The Department of Public Instruction shall prepare a current head count of the number of students classified with limited English proficiency by December 15 of each year. "Students in the head count shall be assessed at least once every three years to determine their level of English proficiency. A student who scores 'superior' on the standard English language proficiency assessment instrument used in this State shall not be included in the head count of students with limited English proficiency." For similar prior provisions, see Session Laws 2003-284, s. 7.15(b) and Session Laws 2005-276, s. 7.9(a), (b). For similar prior provisions, see Session Laws 2003-284, s. 7.15 and Session Laws 2005-276, s. 7.9(a), (b). School-Based Child and Family Team Initiative. - Session Laws 2007-323, s. 10.9(a)-(f), as amended, provides for the development and implementation of a School-Based Child and Family Team Initiative and Session Laws 2011-145, s. 10.15(a)-(f), established the Initiative. See notes under G.S. 115C-105.20 . Transfer of More at Four Program and Office of School Readiness to Department of Public Instruction. - Session Laws 2006-66, s. 7.18(a), provides: "(a) The More at Four program and the Office of School Readiness are transferred from the Office of the Governor to the Department of Public Instruction effective July 1, 2006. This transfer shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6 . The Office of School Readiness will provide oversight to the More at Four program and other related early childhood and prekindergarten education experiences. An Executive Director for the Office of School Readiness will be appointed by the State Board of Education." Consolidation of More at Four Program into Division of Child Development. - Session Laws 2011-145, s. 10.7(a) as amended by 2011-391, s. 22, provides: "The Department of Public Instruction, Office of Early Learning, and the Department of Health and Human Services are directed to consolidate the More At Four program into the Division of Child Development. The Division of Child Development is renamed the Division of Child Development and Early Education (DCDEE). The DCDEE is directed to maintain the More At Four program's high programmatic standards and ensure services are provided statewide. The Department of Health and Human Services shall assume the functions of the regulation and monitoring system and payment and reimbursement system for the More At Four program. "All regulation and monitoring functions shall begin July 1, 2011. The More At Four program shall be designated as 'prekindergarten' on the five-star rating scale. All references to 'prekindergarten' in this section shall refer to the program previously titled the 'More At Four' program. All references to 'non-prekindergarten' shall refer to all four- and five-star rated facilities. "The Office of State Budget and Management shall transfer positions to the Department of Health and Human Services to assume the regulation, monitoring, and accounting functions within the Division of Child Development's Regulatory Services Section. This transfer shall have all the elements of a Type I transfer as defined in G.S. 143A-6 . All funds transferred pursuant to this section shall be used for the funding of prekindergarten slots for four-year-olds and for the management of the program. The DCDEE shall use a portion of the funds to provide necessary services for recruitment, eligibility determination, and child placement within local communities. These services shall be conducted by local partnerships that choose to offer the services. The Department of Health and Human Services shall incorporate eight consultant positions into the regulation and accounting sections of DCDEE, eliminate the remaining positions, and use position elimination savings for the purpose of funding prekindergarten students. DCDEE may use funds from the transfer of the More At Four program for continuing the teacher mentoring program and contracting for the environmental rating scale assessments." Consolidation of Early Childhood Education and Care. - For provisions regarding the Task Force on the Consolidation of Early Childhood Education and Care under Session Laws 2009-451, s. 10.7A, and the later Joint Legislative Study Committee on the Consolidation of Early Childhood Education and Care under Session Laws 2010-152, ss. 27.1 through 27.3, see the notes at G.S. 143B-138.1 and G.S. 143B-168.10 . Agriscience and Biotechnology Regional School Planning Commission. - Session Laws 2010-152, s. 29.1, 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 to open in the 2011-2012 school year. 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 2010-152, s. 29.2, 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 2010-152, s. 29.3, provides: "The Agriscience and Biotechnology Regional School Planning Commission shall develop a plan for a regional school of agriscience and biotechnology to open in the 2011-2012 school year 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 2010-152, s. 29.4, 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." "Read NC" Early Literacy Initiative. - Session Laws 2012-142, s. 10.4(a)-(e), provides: "(a) Of the funds appropriated to the Department of Health and Human Services, Division of Child Development and Early Education, for the North Carolina Partnership for Children, Inc., the sum of three million five hundred thousand dollars ($3,500,000) for the 20F12-2013 fiscal year shall be used by the North Carolina Partnership for Children, Inc., to develop and administer an early literacy initiative pilot program, to be known as 'Read NC,' hire four North Carolina Partnership for Children, Inc., development officers, and provide additional funds for rural partnerships; provided, however, the Department shall not expend the funds appropriated in this section for the 2012-2013 fiscal year until January 1, 2013, pending a determination by the Office of State Budget and Management that there is adequate funding for the Medicaid budget for the 2012-2013 fiscal year, as provided in Section 10.9G of this act. 'Read NC' will focus on increasing the early literacy skills of children who are most at risk for reading below grade level. The pilot program shall be distributed geographically to ensure adequate representation of the diverse areas of the State. "(b) The focus of the pilot program will be to actively engage parents, child care teachers, and communities to help young children build a firm foundation for language acquisition and literacy skills. To that end, the pilot program shall do the following: "(1) Educate parents in essential early literacy practices. "(2) Increase the quality of early literacy programming in child care. "(3) Increase early literacy opportunities for young children and families in community settings by incorporating the following programs: "a. 'Reach Out and Read,' a program that supports doctors in their efforts to 'prescribe' reading to young children and families during well-child visits through early literacy guidance and book sharing, free books for children to keep, and literacy-rich waiting rooms. "b. 'Raising a Reader' (RAR), a program that rotates bright red bags filled with award-winning books into children's homes on a weekly basis, exposing children on average to over 100 books per rotation cycle, and pairs this book rotation with parent training and information on how to effectively share books to promote family literacy habits, language and literacy skills, and a love of learning. "c. 'Motheread/Fatheread,' a program that combines the teaching of literacy skills with child development and family empowerment issues. "d. 'Dolly Parton Imagination Library,' a program that provides a free, age-appropriate book each month to children ages birth to five years. "(c) The Division of Child Development and Early Education and the North Carolina Partnership for Children, Inc., shall report by April 1, 2013, to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Committee on Health and Human Services, the Senate Appropriations•ase Budget Committee on Health and Human Services, and the House of Representatives Appropriations Subcommittee on Health and Human Services on the progress in complying with this section. "(d) The North Carolina Partnership for Children, Inc., shall include in its assistance to local partnerships training and assistance with fund-raising activities. Of the funds designated under subsection (a) of this section, the North Carolina Partnership for Children, Inc., shall hire a staff of four individuals who are qualified in the areas of grant writing and fund-raising to assist local partnerships in raising the amount of non-State funds required by law. The staff hired pursuant to this subsection shall be located regionally and be accessible to participate in the various local partnerships' activities. "(e) Of the funds designated under subsection (a) of this section, the North Carolina Partnership for Children, Inc., shall provide assistance to local partnerships located in rural areas of the State. The North Carolina Partnership for Children, Inc., shall establish eligibility criteria for the use of funds pursuant to this subsection based on child poverty, child population, and counties that are identified as being the most economically distressed." Session Laws 2001-146, s. 1, provides: "The Board of Governors of The University of North Carolina, the State Board of Community Colleges, and the Department of Public Instruction shall work cooperatively to expand the opportunities for military personnel to enroll in and complete teacher education programs prior to discharge from the military. The cooperative effort shall include the expansion, as feasible, of teacher education classes and programs on military bases and at alternate nearby sites, through Internet-based course offerings, and through cooperative education programs. The cooperative effort shall also focus on the educational needs unique to active military personnel who are potential teachers or teacher assistants and ways to make the necessary classes and programs more accessible to them. A special effort shall also be made to communicate with and inform military personnel of the educational opportunities available on military bases, at alternate sites near military bases, through long-distance education, and through cooperative education." Session Laws 2005-276, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2005.'" Session Laws 2005-276, s. 46.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2005-2007 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2005-2007 fiscal biennium." Session Laws 2005-276, s. 46.5, is a severability clause. Session Laws 2006-66, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2006'." Session Laws 2006-66, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2006-2007 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2006-2007 fiscal year." Session Laws 2006-66, s. 28.6, is a severability clause. Session Laws 2007-453, ss. 1-3, as amended by Session Laws 2010-31, s. 7.22(b), provide: "1. The State Board of Education shall establish a pilot program authorizing the implementation of alternative teacher salary plans. The purpose of the pilot program is to enable local school administrative units to develop and implement new and innovative teacher salary plans that will improve student performance by financially rewarding teachers through performance pay plans, recruiting teachers to the school unit, and recruiting teachers to hard-to-fill positions in specific subject areas. The State Board of Education may select up to five local school administrative units to participate in the pilot program. "2. Local school administrative units applying to participate in the pilot program shall submit to the State Board of Education a business plan adopted by the local board of education. The business plan shall: "(1) Explain in detail how additional flexibility regarding the use of salary funds will be used to accomplish specific improvements in student academic performance; "(2) Describe the alternative methods to be used, the changes to existing practices proposed for the pilot, the incentives or alternative salary structure to be deployed, the expectations for teachers and other employees who participate in the pilot, the anticipated results, and the methods by which teachers and other employees will be evaluated; "(3) Set out the laws, rules, and policies that must be waived to implement the business plan and the expected outcomes of waiving them; "(4) Explain how the plan will be administered in a nondiscriminatory manner to assure fair and equitable treatment of all employees and employee groups participating in the pilot; "(5) Include specific implementation, time line, management, performance, and reporting benchmarks; "(6) Include statements of how teachers and other stakeholders were included in the development of the plan; and "(7) Include a statement of how all teachers who will be directly participating in the plan conducted a verifiable secret ballot vote, a statement that the results of the vote were presented to the planning team and local board of education prior to the local board's consideration of the final plan, and a statement that the majority of teachers in the schools participating in the plan and the school administration team have agreed on the design of the plan. "3. The State Board of Education may grant waivers of laws, rules, and policies to pilot units that are necessary to implement the business plans submitted by the pilot units." Sections 4 through 6 of Session Laws 2007-453, which were formerly noted here, were repealed by Session Laws 2010-31, s. 7.22(b), effective July 1, 2010. Department of Public Instruction Response Time. - Session Laws 2014-100, s. 8.28, provides: "Staff at the Department of Public Instruction shall, whenever practicable, respond to requests for information originating from the superintendent of a local school administrative unit, the principal officer of a charter school, or the principal of a regional school, or their designees, within three business days of receipt of the request. Absent extraordinary circumstances, requests for information shall be reasonably and fully answered within 14 business days following an initial response." 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 ." Improve Education Financial and Information Transparency. - Session Laws 2017-57, s. 7.16(a)-(g), as amended by Session Laws 2018-5, s. 7.6, provides: "(a) The Department of Public Instruction shall implement the School Business System Modernization Plan, as proposed by the State Board of Education in the report required by Section 8.15(b) of S.L. 2016-94, using the funds appropriated by this act for that purpose. It is the intent of the General Assembly to fund a multiphase, multiyear project to (i) modernize State and local education financial, human capital, and school information systems, (ii) provide for a common reporting system and analytics system, (iii) integrate financial, payroll, human resources, and related human capital systems through the use of a new software as a service enterprise resource planning (ERP) solution, make enhancements to existing local systems, or both, and (iv) link the State licensure system with the upgraded local systems. The State Superintendent of Public Instruction (State Superintendent) shall review and improve business processes in the Department of Public Instruction, as appropriate, and modernize State systems at the Department. "(b) The State Superintendent shall work with the Friday Institute for Educational Innovation at North Carolina State University, the Government Data Analytics Center (GDAC), local superintendents, charter school leadership, and local school administrative unit personnel administrators and finance officers to establish common data reporting requirements consistent with the Uniform Education Reporting System established by the State Board of Education. All local school administrative units and charter schools shall comply with the reporting requirements. "(b1) The State Superintendent shall work with the Friday Institute for Educational Innovation at North Carolina State University, GDAC, and other State agencies to improve communication between computer systems. The State Superintendent shall ensure, to the extent practicable, that its modernized computer systems are able to share data with computer systems at other State agencies, community colleges, and constituent institutions of The University of North Carolina. "(c) Of the funds appropriated to the Department of Public Instruction by this act for the school business system modernization plan for the 2017-2019 fiscal biennium, the Department may use the sum of up to one million four hundred thirty thousand dollars ($1,430,000) in the 2017-2018 fiscal year and one million four hundred twenty thousand dollars ($1,420,000) in the 2018-2019 fiscal year to establish positions, to contract for services, or both for business-specific project management. The State Superintendent shall be responsible for the implementation of the activities specified under this subsection and may appoint one of the positions established pursuant to Section 7.10 of this act to oversee the business-specific project management required to implement the school business system modernization plan and other operating costs as necessary. "(d) Of the funds appropriated to the Department of Public Instruction by this act for the school business system modernization plan for the 2017-2019 fiscal biennium, the Department shall transfer up to three million two hundred fifty thousand dollars ($3,250,000) for the 2017-2018 fiscal year and up to three million dollars ($3,000,000) for the 2018-2019 fiscal year to GDAC to leverage existing public-private partnerships for the development, deployment, and ongoing provision of a data integration service that consolidates data from financial, human resources, licensure, student information, the Education Value-Added Assessment System (EVAAS), and related systems. Implementation shall also include development and deployment of a modern analytical platform and reporting environment. By December 1 of each fiscal year, GDAC shall execute any contractual agreements and interagency data sharing agreements necessary to develop the reporting system established by this section. "(e) As required by Section 8.15(c) of S.L. 2016-94, the State Superintendent shall issue a Request for Proposal for an ERP software as a service solution by October 1, 2017. The State Superintendent may issue additional requests for proposals as needed to complete the requirements of subsection (a) of this section. The State Superintendent shall select the vendors for the development and implementation of the ERP and other enhancement solutions. "(f) Prior to executing any contractual agreements and interagency data sharing agreements necessary to develop the financial reporting system as provided for in this section, the State Superintendent shall submit to the Joint Legislative Education Oversight Committee (Committee) and the Fiscal Research Division an initial report by September 15, 2017, on the progress of GDAC's development and deployment of a data integration service that consolidates data from financial, human resources, licensure, student information, and related systems. The State Superintendent shall also submit an interim report to the Committee and the Fiscal Research Division by January 30, 2018, on the selection of a vendor for an ERP software as a service solution. Thereafter, the State Superintendent shall submit annual reports to the Committee and the Fiscal Research Division by March 15 of each year on the expenditure of funds for the project and progress of implementation until the completion of the project. "(g) Funds appropriated to the Department of Public Instruction for the 2017-2019 fiscal biennium to implement the school business modernization system shall not revert at the end of the fiscal year but shall remain available until expended." Office of Charter Schools/Web-Based Record and Data Management. - Session Laws 2017-57, s. 7.17(a), (b), provides: "(a) The Department of Public Instruction shall use up to two hundred thousand dollars ($200,000) each fiscal year of the 2017-2019 fiscal biennium to support the purchase of a Web-based electronic records and data reporting management system to automate and streamline reporting and accountability requirements to assist the Office of Charter Schools (OCS) in complying with the annual reporting obligations of charter schools from the following available funds: "(1) For the 2017-2018 fiscal year, the Department shall use funds appropriated to the Department for the Uniform Education Reporting System (UERS) by S.L. 2015-241 for the 2016-2017 fiscal year that were unexpended and did not revert at the end of the 2016-2017 fiscal year in accordance with Section 8.7 of that act. "(2) For the 2018-2019 fiscal year, the Department shall use funds appropriated to the Department for UERS by this act for the 2017-2018 fiscal year that are unexpended and do not revert at the end of the 2017-2018 fiscal year in accordance with Section 7.6 of this act. "(b) The Department shall purchase a system pursuant to subsection (a) of this section that meets all of the following requirements: "(1) Allows OCS to develop and assign submission types to manage compliance with applicable law, control document transparency reporting, and create and manage users and roles throughout the system. "(2) Controls collections of documents to assist in core authorizing functions, including the charter school application and charter school renewal processes. "(3) Provides for the visualization of academic, financial, and demographic information for either an individual school or a portfolio of charter schools. "(4) Provides for the safe and secure electronic storage of documents in a Tier 3 datacenter that meets the following standards: "a. Sarbanes-Oxley Act (SOX) compliant, including Statement on Auditing Standards (SAS) No. 70, Statement on Standards for Attestation Engagements (SSAE) No. 16, Service Organization Control (SOC) No. 1, and SOC No. 2. "b. Health Insurance Portability and Accountability Act (HIPAA) compliant, including the Office for Civil Rights (OCR) HIPAA Audit Protocol. "c. Payment Card Industry (PCI) Data Security Standard (DSS) compliant. "d. Safe Harbor certification program compliant." Preparing Future Workforce in Coding and Mobile Development Program. - Session Laws 2017-57, s. 7.23(a)-(d), provides: "(a) Program Purpose. - The Department of Public Instruction shall establish the Coding and Mobile Application Grant Program (Program) to develop industry partnerships with local school administrative units and charter schoolsto design and implement computer science, coding, and mobile application development curricular programs for middle school and high school students. Funds appropriated for the Program shall be used to award competitive grants of up to four hundred thousand dollars ($400,000) each fiscal year to grant recipients. Grant funds shall be used for the purchase of equipment, digital materials, and related capacity building activities, which may include teacher professional development for coding, computer science, and mobile application development initiatives. Grant recipients shall use no more than five percent (5%) of the grant award each fiscal year for administrative costs. "(b) Program Criteria and Guidelines; Applications. - By August 15, 2017, the Superintendent of Public Instruction shall establish criteria and guidelines for grant applications and Program requirements for local school administrative units and charter schools, including sufficient curricular rigor for courses offered to students. The Department of Public Instruction shall accept applications for the first year of the Program until October 15, 2017. For subsequent fiscal years in which funds are available for new applications to the Program, the Department shall accept applications until May 15 of that year. Grant applicants shall submit at least the following information in their applications: "(1) A description of how the proposed partnership initiative will provide increased career opportunities for students to engage in high-wage, high-skill, and high-demand occupations. "(2) Demonstrated evidence of employer demand for the partnership initiative and related career and technical education (CTE) training, including documentation of industry involvement in the partnership initiative. "(3) A proposed budget for the partnership initiative, including demonstrated commitment of local or regional partners to sustain the programs beyond the initial grant funding. "(4) A description of how the proposed initiative aligns with other programs, including CTE, Career and College Pathways, and postsecondary programs and, if appropriate, how equipment necessary for the initiative will be utilized by partners. "(5) A description of how the project will create innovative, nontraditional, and immediate career pathways for students to enter high demand jobs in the development of mobile software applications. "(c) Selection of Recipients. - In selecting recipients for the Program, the Superintendent of Public Instruction shall consider diversity among the pool of applicants, including geographic location, the positive impact on the community of industry partnerships, and the size of the student population served by the recipient, in order to award funds to the extent possible to grant recipients that represent different characteristics of the State. The Superintendent of Public Instruction shall select initial grant recipients by November 15, 2017, to begin implementation of the partnership initiatives under the Program as early as the spring semester of the 2017-2018 school year. For subsequent fiscal years in which funds are available for new applications to the Program, the Superintendent shall select grant recipients by July 15 of that year. "(d) Reporting Requirements. - By August 1 of each year of the Program, grant recipients shall submit a report to the Department of Public Instruction, beginning with an initial report by August 1, 2018, for the preceding year in which grant funds were expended that provides at least the following information on the partnership initiative: "(1) The use of grant funds. "(2) The number of students by grade level participating in the partnership initiative. "(3) The number of students who subsequently participated in work-based opportunities, internships, or apprenticeship programs and a description of the types of opportunities for those students. "(4) Student outcome data regarding job attainment and postsecondary opportunities as a result of the partnership initiative. "(5) Any other information the Superintendent of Public Instruction deems necessary. "By September 15 of each year of the Program, the Department shall report to the Joint Legislative Education Oversight Committee and the Fiscal Research Division, beginning with an initial report by September 15, 2018, on grant recipients and implementation of the program, including the information required to be reported to the Department pursuant to this subsection and any legislative recommendations for modifications or expansion of the Program." Extended Learning and Integrated Student Supports Competitive Grant Fund. - Session Laws 2017-57, s. 7.24(a)-(e), provides: "(a) Of the funds appropriated by this act for the At-Risk Student Services Alternative School Allotment for the 2017-2019 fiscal biennium, the Department of Public Instruction shall use up to six million dollars ($6,000,000) for the 2017-2018 fiscal year and up to six million dollars ($6,000,000) for the 2018-2019 fiscal year for the Extended Learning and Integrated Student Supports Competitive Grant Program (Program). Of these funds, the Department of Public Instruction may use up to two hundred thousand dollars ($200,000) for each fiscal year to administer the Program. "(b) The purpose of the Program is to fund high-quality, independently validated extended learning and integrated student support service programs for at-risk students that raise standards for student academic outcomes by focusing on the following: "(1) Use of an evidence-based model with a proven track record of success. "(2) Inclusion of rigorous, quantitative performance measures to confirm effectiveness of the program. "(3) Deployment of multiple tiered supports in schools to address student barriers to achievement, such as strategies to improve chronic absenteeism, anti-social behaviors, academic growth, and enhancement of parent and family engagement. "(4) Alignment with State performance measures, student academic goals, and the North Carolina Standard Course of Study. "(5) Prioritization in programs to integrate clear academic content, in particular, science, technology, engineering, and mathematics (STEM) learning opportunities or reading development and proficiency instruction. "(6) Minimization of student class size when providing instruction or instructional supports and interventions. "(7) Expansion of student access to high-quality learning activities and academic support that strengthen student engagement and leverage community-based resources, which may include organizations that provide mentoring services and private-sector employer involvement. "(8) Utilization of digital content to expand learning time, when appropriate. "(c) Grants shall be used to award funds for new or existing eligible programs for at-risk students operated by (i) nonprofit corporations and (ii) nonprofit corporations working in collaboration with local school administrative units. Grant participants are eligible to receive grants for up to two years in an amount of up to five hundred thousand dollars ($500,000) each year. Programs should focus on serving (i) at-risk students not performing at grade level as demonstrated by statewide assessments, (ii) students at-risk of dropout, and (iii) students at-risk of school displacement due to suspension or expulsion as a result of anti-social behaviors. Priority consideration shall be given to applications demonstrating models that focus services and programs in schools that are identified as low-performing pursuant to G.S. 115C-105.37 . "A grant participant shall provide certification to the Department of Public Instruction that the grants received under the program shall be matched on the basis of three dollars ($3.00) in grant funds for every one dollar ($1.00) in nongrant funds. Matching funds shall not include other State funds. The Department shall also give priority consideration to an applicant that is a nonprofit corporation working in partnership with a local school administrative unit resulting in a match utilizing federal funds under Part A of Title I of the Elementary and Secondary Education Act of 1965, as amended, or Title IV of the Higher Education Act of 1965, as amended, and other federal or local funds. Matching funds may include in-kind contributions for up to fifty percent (50%) of the required match. "(d) A nonprofit corporation may act as its own fiscal agent for the purposes of this Program. Grant recipients shall report to the Department of Public Instruction for the year in which grant funds were expended on the progress of the program, including alignment with State academic standards, data collection for reporting student progress, the source and amount of matching funds, and other measures, before receiving funding for the next fiscal year. Grant recipients shall also submit a final report on key performance data, including statewide test results, attendance rates, graduation rates, and promotion rates, and financial sustainability of the program. "(e) The Department of Public Instruction shall provide an interim report on the Program to the Joint Legislative Education Oversight Committee by September 15, 2018, with a final report on the Program by September 15, 2019. The final report shall include the final results of the Program and recommendations regarding effective program models, standards, and performance measures based on student performance, leveraging of community-based resources to expand student access to learning activities, academic and behavioral support services, and potential opportunities for the State to invest in proven models for future grants programs." Schools that Lead Pilot Program. - Session Laws 2018-5, s. 7.25(a)-(c), as amended by Session Laws 2020-78, s. 2.4, provides: "(a) Program; Purpose. - Of the funds appropriated to the Department of Public Instruction by this act for the Schools That Lead Pilot Program (Program), the Department shall contract with Schools That Lead, Inc., to provide professional development to teachers and principals in up to 75 schools, beginning with the 2018-2019 school year and ending in the 2020-2021 school year. The selected schools shall be charter schools or schools under the authority of a local school administrative unit. Professional development services shall be offered to teachers and principals in grades K-12. The Superintendent of Public Instruction, in consultation with Schools That Lead, Inc., shall determine which schools are eligible to participate in the Program. At a minimum, the Program shall offer services to three cohorts of schools, as follows: "(1) High schools working to increase on-time graduation. "(2) Middle schools working to prepare students to succeed in high school by reducing the likelihood of retention in the ninth grade for multiple school years. "(3) Elementary schools working to reduce the number of students with early warning indicators of course failures, absences, and discipline. "(b) Evaluation. - Of the funds appropriated to the Department by this act for the Program, the Department shall use up to one hundred thousand dollars ($100,000) to contract with an independent research organization to measure the impacts of the Program on student outcomes, including, but not limited to (i) on-time graduation in high school, (ii) ninth grade retention rates, and (iii) course failures, absences, and discipline in elementary school. The independent research organization shall report its interim findings to the Department no later than June 30, starting in 2019, and shall submit a final report no later than June 30, 2022. "(c) Report. - The Department of Public Instruction, in consultation with Schools That Lead, Inc., shall submit a report on the impacts of the Program authorized by subsection (a) of this section, including, but not limited to, an accounting of expenditures, school performance data, principal performance data, teacher performance data, and student outcome data, beginning October 1, 2019, and continuing each year thereafter until October 1, 2022, to the Joint Legislative Education Oversight Committee and the Fiscal Research Division. The October 1, 2022, report shall include a summary and copy of the final report provided by the independent research organization pursuant to subsection (b) of this section." School Safety Grants Program. - Session Laws 2018-5, s. 7.27(a)-( l ), provides: "(a) Definitions. - For purposes of this section, the following definitions shall apply: "(1) Community partner. - A public or private entity, including, but not limited to, a nonprofit corporation or a local management entity/managed care organization (LME/MCO), that partners with a local school administrative unit to provide services for the unit. "(2) Public school unit. - A local school administrative unit, regional school, innovative school, laboratory school, or charter school. "(3) School mental health support personnel. - School nurses, school counselors, school psychologists, and school social workers. "(b) Program; Purpose. - The Superintendent of Public Instruction shall establish the School Safety Grants Program (program). The purpose of the program shall be to improve safety in public school units by providing grants for (i) school safety resource officers, (ii) services for students in crisis, (iii) school safety training, (iv) safety equipment in schools, and (v) additional school mental health support personnel. "(c) Grant Applications. - A public school unit or community partner, as appropriate, may submit an application to the Superintendent of Public Instruction for a grant pursuant to this section. The application shall include an assessment, to be performed in conjunction with a local law enforcement agency, of the need for improving school safety within the public school unit that would receive the funding or services. The application shall identify current and ongoing needs and estimated costs associated with those needs. "(d) Criteria and Guidelines. - By August 1, 2018, the Superintendent of Public Instruction shall develop criteria and guidelines for the administration and use of the grants pursuant to this section, including any documentation required to be submitted by applicants. In assessing grant applications, the Superintendent of Public Instruction shall consider at least all of the following factors: "(1) The level of resources available to the public school unit that would receive the funding or services. "(2) Whether the public school unit has received other grants of funding for school safety. "(3) The overall impact on student safety in the public school unit if the identified needs are funded. "(e) Grants for School Resource Officers. - Of the funds appropriated to the Department of Public Instruction by this act for the program in the 2018-2019 fiscal year, the Superintendent of Public Instruction shall use up to twelve million dollars ($12,000,000) in recurring funds to award grants to public school units for school resource officers in elementary and middle schools. Grants shall be matched on the basis of two dollars ($2.00) in State funds for every one dollar ($1.00) in non-State funds. "Public school units may use these funds to employ school resource officers in elementary and middle schools, to train them, or both. Training shall be provided, in partnership with the public school unit, by a community college, a local law enforcement agency, or the North Carolina Justice Academy. Any training shall include instruction on research into the social and cognitive development of elementary school and middle school children. "(f) Grants for Students in Crisis. - Of the funds appropriated to the Department of Public Instruction by this act for the program in the 2018-2019 fiscal year, the Superintendent of Public Instruction, in consultation with the Department of Health and Human Services, shall use up to two million dollars ($2,000,000) in nonrecurring funds to award grants to community partners to provide any of the following crisis services: "(1) Crisis respite services for parents or guardians of an individual student to prevent more intensive or costly levels of care. "(2) Training and expanded services for therapeutic foster care families and licensed child placement agencies that provide services to students who (i) need support to manage their health, welfare, and safety and (ii) have any of the following: "a. Cognitive or behavioral problems. "b. Developmental delays. "c. Aggressive behavior. "(3) Evidence-based therapy services aligned with targeted training for students and their parents or guardians, including any of the following: "a. Parent-child interaction therapy. "b. Trauma-focused cognitive behavioral therapy. "c. Dialectical behavior therapy. "d. Child-parent psychotherapy. "(4) Any other crisis service, including peer-to-peer mentoring, that is likely to increase school safety. Of the funds allocated to the Superintendent for grants pursuant to this section, the Superintendent shall not use more than ten percent (10%) for the services identified in this subdivision. "(g) Grants for Training to Increase School Safety. - Of the funds appropriated to the Department of Public Instruction by this act for the program in the 2018-2019 fiscal year, the Superintendent of Public Instruction, in consultation with the Department of Health and Human Services, shall use up to three million dollars ($3,000,000) in nonrecurring funds to award grants to community partners that will address school safety by providing training to help students develop healthy responses to trauma and stress. The training shall be targeted and evidence-based and shall include any of the following services: "(1) Counseling on Access to Lethal Means (CALM) training for school mental health support personnel, local first responders, and teachers on the topics of suicide prevention and reducing access by students to lethal means. "(2) Training for school mental health support personnel on comprehensive and evidence-based clinical treatments for students and their parents or guardians, including any of the following: "a. Parent-child interaction therapy. "b. Trauma-focused cognitive behavioral therapy. "c. Behavioral therapy. "d. Dialectical behavior therapy. "e. Child-parent psychotherapy. "(3) Training for students and school employees on community resilience models to improve understanding and responses to trauma and significant stress. "(4) Training for school mental health support personnel on Modular Approach to Therapy for Children with Anxiety, Depression, Trauma, or Conduct problems (MATCH-ADTC), including any of the following components: "a. Trauma-focused cognitive behavioral therapy. "b. Parent and student coping skills. "c. Problem solving. "d. Safety planning. "(5) Any other training, including the training on the facilitation of peer-to-peer mentoring, that is likely to increase school safety. Of the funds allocated to the Superintendent for grants pursuant to this section, the Superintendent shall not use more than ten percent (10%) for the services identified in this subdivision. "(h) Grants for Safety Equipment. - Of the funds appropriated to the Department of Public Instruction by this act for the program in the 2018-2019 fiscal year, the Superintendent of Public Instruction, in consultation with the Department of Health and Human Services, shall use up to three million dollars ($3,000,000) in nonrecurring funds to award grants to local school administrative units, regional schools, innovative schools, or laboratory schools for the purchase of safety equipment for government-owned school buildings. "(i) Grants for School Mental Health Support Personnel. - Of the funds appropriated to the Department of Public Instruction by this act for the program in the 2018-2019 fiscal year, the Superintendent of Public Instruction shall use up to ten million dollars ($10,000,000) in nonrecurring funds to award grants to public school units to provide all or a portion of the salary and benefits costs needed to employ additional school mental health support personnel during the 2018-2019 fiscal year. It is the intent of the General Assembly to provide an additional ten million dollars ($10,000,000) for grants for school mental health support personnel, as defined in this section, in the 2019-2020 fiscal year. "(j) Supplement Not Supplant. - Grants provided to public school units pursuant to the program shall be used to supplement and not to supplant State or non-State funds already provided for these services. "(k) Administrative Costs. - Of the funds appropriated to the Department of Public Instruction by this act for the program in the 2018-2019 fiscal year, the Superintendent of Public Instruction may retain up to one hundred thousand dollars ($100,000) for administrative costs associated with the program. "(l) Report. - No later than April 1, 2019, the Superintendent of Public Instruction shall report on the program to the Joint Legislative Education Oversight Committee, the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Justice and Public Safety, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division. The report shall include the identity of each entity that received a grant through the program, the amount of funding provided to each entity that received a grant, the use of funds by each entity that received a grant, and recommendations for the implementation of additional effective school safety measures." School Safety Grants Program. - Session Laws 2019-222, s. 3.1(b), provides: "For the 2019-2020 fiscal year, the Department of Public Instruction shall administer the following school safety grants: "(1) Definitions. - For purposes of this subsection, the following definitions shall apply: "a. Community partner. - A public or private entity, including, but not limited to, a nonprofit corporation or a local management entity/managed care organization (LME/MCO), that partners with a qualifying public school unit to provide services or pay for the provision of services for the unit. "b. Qualifying public school unit. - A local school administrative unit, regional school, innovative school, laboratory school, or charter school. "(2) Program; purpose. - The Superintendent of Public Instruction shall establish the 2019 School Safety Grants Program (Program). The purpose of the Program shall be to improve safety in qualifying public school units by providing grants for (i) services for students in crisis, (ii) school safety training, and (iii) safety equipment in schools. "(3) Grant applications. - A qualifying public school unit may submit an application to the Superintendent of Public Instruction for one or more grants pursuant to this section. The application shall include an assessment, to be performed in conjunction with a local law enforcement agency, of the need for improving school safety within the qualifying public school unit that would receive the funding or services. The application shall identify current and ongoing needs and estimated costs associated with those needs. "(4) Criteria and guidelines. - By November 1, 2019, the Superintendent of Public Instruction shall develop criteria and guidelines for the administration and use of the grants pursuant to this subsection, including any documentation required to be submitted by applicants. In assessing grant applications, the Superintendent of Public Instruction shall consider at least all of the following factors: "a. The level of resources available to the qualifying public school unit that would receive the funding. "b. Whether the qualifying public school unit has received other grants for school safety. "c. The overall impact on student safety in the qualifying public school unit if the identified needs are funded. "(5) Grants for students in crisis. - Of the funds appropriated to the Department of Public Instruction by this act for students in crisis, the Superintendent of Public Instruction, in consultation with the Department of Health and Human Services, shall award grants to qualifying public school units to contract with community partners to provide or pay for the provision of any of the following crisis services: "a. Crisis respite services for parents or guardians of an individual student to prevent more intensive or costly levels of care. "b. Training and expanded services for therapeutic foster care families and licensed child placement agencies that provide services to students who (i) need support to manage their health, welfare, and safety and (ii) have any of the following: "1. Cognitive or behavioral problems. "2. Developmental delays. "3. Aggressive behavior. "c. Evidence-based therapy services aligned with targeted training for students and their parents or guardians, including any of the following: "1. Parent-child interaction therapy. "2. Trauma-focused cognitive behavioral therapy. "3. Dialectical behavior therapy. "4. Child-parent psychotherapy. "d. Any other crisis service, including peer-to-peer mentoring, that is likely to increase school safety. Of the funds allocated to the Superintendent for grants pursuant to this subdivision, the Superintendent shall not use more than ten percent (10%) for the services identified in this sub-subdivision. "(6) Grants for training to increase school safety. - Of the funds appropriated to the Department of Public Instruction by this act for training to increase school safety, the Superintendent of Public Instruction, in consultation with the Department of Health and Human Services, shall award grants to qualifying public school units to contract with community partners to address school safety by providing training to help students develop healthy responses to trauma and stress. The training shall be targeted and evidence-based and shall include any of the following services: "a. Counseling on Access to Lethal Means (CALM) training for school mental health support personnel, local first responders, and teachers on the topics of suicide prevention and reducing access by students to lethal means. "b. Training for school mental health support personnel on comprehensive and evidence-based clinical treatments for students and their parents or guardians, including any of the following: "1. Parent-child interaction therapy. "2. Trauma-focused cognitive behavioral therapy. "3. Behavioral therapy. "4. Dialectical behavior therapy. "5. Child-parent psychotherapy. "c. Training for students and school employees on community resilience models to improve understanding and responses to trauma and significant stress. "d. Training for school mental health support personnel on Modular Approach to Therapy for Children with Anxiety, Depression, Trauma, or Conduct problems (MATCH-ADTC), including any of the following components: "1. Trauma-focused cognitive behavioral therapy. "2. Parent and student coping skills. "3. Problem solving. "4. Safety planning. "e. Any other training, including the training on the facilitation of peer-to-peer mentoring, that is likely to increase school safety. Of the funds allocated to the Superintendent for grants pursuant to this subdivision, the Superintendent shall not use more than ten percent (10%) for the services identified in this sub-subdivision. "(7) Grants for safety equipment. - Of the funds appropriated to the Department of Public Instruction by this section for grants for school safety equipment, the Superintendent of Public Instruction shall award grants to qualifying public school units for (i) the purchase of safety equipment for school buildings and (ii) training associated with the use of safety equipment purchased pursuant to this subsection. Notwithstanding G.S. 115C-218.105(b) , charter schools may receive grants for school safety equipment pursuant to this subsection. "(8) Supplement not supplant. - Grants provided to qualifying public school units or community partners pursuant to the Program shall be used to supplement and not to supplant State or non-State funds already provided for these services. "(9) Administrative costs. - Of the funds appropriated to the Department of Public Instruction by this act for the grants provided in this subsection, the Superintendent of Public Instruction may retain a total of up to one hundred thousand dollars ($100,000) for administrative costs associated with the Program. "(10) Report. - No later than April 1, 2020, the Superintendent of Public Instruction shall report on the program to the Joint Legislative Education Oversight Committee, the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Justice and Public Safety, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division. The report shall include the identity of each entity that received a grant through the Program, the amount of funding provided to each entity that received a grant, the use of funds by each entity that received a grant, and recommendations for the implementation of additional effective school safety measures." Session Laws 2019-222, s. 3.1(d) is an appropriations provision. For similar prior provisions, see Session Laws 2018-5, s. 7.27, which was repealed by Session Laws 2019-222, s. 3.1(c). School Mental Health Crisis Response Program. - Session Laws 2019-222, s. 4.1(a), (b), provides: "(a) For purposes of this section, the following definitions shall apply: "(1) Participating unit. - A local school administrative unit that elects to transfer school mental health personnel to a requesting unit for a temporary period of time. "(2) Requesting unit. - A local school administrative unit requesting additional school mental health support personnel for a temporary period of time. "(3) School mental health support personnel. - School nurses, school counselors, school psychologists, and school social workers. "(b) The Department of Public Instruction and the Center for Safer Schools, in consultation with the Department of Health and Human Services and the Department of Public Safety, Division of Emergency Management, shall develop a recommended program for facilitating the temporary transfer of school mental health support personnel from a participating unit to a requesting unit during or after a crisis. No later than March 15, 2020, the Department shall submit a report on the recommended program to the Joint Legislative Education Oversight Committee and the Joint Legislative Oversight Committee on Health and Human Services. The report shall outline the recommended program and include, at a minimum, the following information: "(1) A suggested protocol for receiving and relaying requests for additional, temporary school mental health support personnel. "(2) Anticipated costs associated with the temporary transfer of school mental health support personnel during or after a crisis. "(3) Descriptions of and data from any similar programs existing in other states. "(4) Additional recommendations for improving the ability of local school administrative units to share school mental health support personnel, when necessary, and appropriate reporting metrics related to the recommended program." Editor's Note. - 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. 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 2012-77, s. 3, provides: "It is a goal of the General Assembly to provide preschool programs to all at-risk children." 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. 8.30(a)-(b), as amended by Session Laws 2019-165, s. 3.1(b), provides: "(a) The Department of Public Instruction shall study and develop potential policy changes for improving the outcomes for elementary and secondary students with disabilities, including raising the graduation rates, providing more outcome-based goals, creating greater access to career-ready diplomas, increasing integration of accessible digital learning options, and providing earlier and improved transition services planning. The Department shall do at least the following toward achieving the goals set forth in this section: "(1) Examine current Individualized Education Program (IEP) requirements and develop reforms with greater focus on outcome-based goals for students with disabilities. "(2) Solicit input and bring together stakeholders and other interested parties to develop policies on transition services plans for students with disabilities from elementary to middle school, middle to high school, and high school to postsecondary education, and for employment opportunities and adult living options. "(3) Solicit input and bring together stakeholders to create accessible ways for students with IEPs to access the Future Ready Core Course of Study in more significant numbers as a viable alternative to the Occupational Course of Study. "(4) Examine model programs that may be employed by local school administrative units aimed at increasing the graduation rate and school performance of students with disabilities." "(b) Repealed by Session Laws 2019-165, s. 3.1(b), effective July 26, 2019." 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 2017-57, s. 7.7(a)-(c), as amended by Session Laws 2018-5, s. 7.5, and Session Laws 2018-97, s. 2.5, provides: "(a) Notwithstanding G.S. 143C-6-4 , the Department of Public Instruction may, after consultation with the Office of State Budget and Management and the Fiscal Research Division, reorganize the Department, realign fund structures, or both, if necessary, to implement (i) the budget reductions for the 2017-2019 fiscal biennium, (ii) recommendations resulting from the audit required pursuant to Section 7.23L of this act, or (iii) other changes necessary to improve the efficiency of the Department. Consultation shall occur prior to requesting budgetary and personnel changes through the budget revision process. The Department of Public Instruction shall provide (i) a current organization chart and a list of affected funds and (ii) the proposed organization chart and a list of affected funds clearly identifying the changes for the Department in the consultation process and shall report to the Joint Legislative Commission on Governmental Operations on any reorganization, including any movement of positions and funds between fund codes on a recurring basis. "(b) In implementing (i) budget reductions for the 2017-2019 fiscal biennium, (ii) recommendations resulting from the audit required pursuant to Section 7.23L of this act, or (iii) other changes necessary to improve the efficiency of the Department of Public Instruction, the Department of Public Instruction shall make no reduction to funding (i) for the State Public School Fund, including for the following residential schools: Eastern North Carolina School for the Deaf, the North Carolina School for the Deaf, and the Governor Morehead School, and (ii) for any budget expansion item funded by an appropriation to the Department of Public Instruction by this act for the 2017-2019 fiscal biennium. The Department shall also make no transfers from or reduction to funding or positions for any of the following: "(1) Communities in Schools of North Carolina, Inc. "(2) Teach For America, Inc. "(3) Beginnings for Parents of Children Who are Deaf or Hard of Hearing, Inc. "(4) The Excellent Public Schools Act, Read to Achieve Program, initially established under Section 7A.1 of S.L. 2012-142. "(5) The North Carolina School Connectivity Program. "(6) The North Carolina Center for the Advancement of Teaching. "(7) The North Carolina Innovative School District. "(8) Eastern North Carolina STEM. "(9) Positions appointed by and with a direct report to the State Superintendent of Public Instruction, including those positions described in Section 7.10 of this act. "(b1) For the 2018-2019 fiscal year, the Department of Public Instruction shall also make no transfers from or reduction to funding or positions for the Office of Charter Schools in implementing (i) budget reductions for the 2018-2019 fiscal year, (ii) recommendations resulting from the audit required pursuant to Section 7.23L of this act, or (iii) other changes necessary to improve the efficiency of the Department of Public Instruction. "(c) In addition, when implementing budget reductions for the 2018-2019 fiscal year, the Department of Public Instruction may use up to three million dollars ($3,000,000) of funds appropriated to Fund Code 1800 to cover costs, including severance payments and contract renegotiations, associated with the reductions required by this act." Session Laws 2017-57, s. 7.8, provides: "The Department of Public Instruction, in consultation with the Office of State Budget and Management, shall align federal funds to accurately reflect the amount projected to be spent by the Department in each year of the 2017-2019 fiscal biennium in accordance with the State Budget Act, Chapter 143C of the General Statutes, as part of the certification of the budget for the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 7.23A(a), provides: "The State Board of Education and the Department of Public Instruction, in collaboration with the Friday Institute at North Carolina State University, shall expand the School Connectivity Initiative client network engineering to include cybersecurity and risk management services supporting local school administrative units and charter schools. The expansion shall include the following: "(1) Continuous monitoring and risk assessment. - Cloud-based solutions to discover assets, assess their security posture, and recommend corrective actions based on real-world risk reduction. "(2) Security advisory and consulting services. - Five regional security consultants working with schools to assess security posture and develop and implement improvement plans. The plans shall include security policy, building security programs, implementing effective security controls, and ongoing support for operating security governance. "(3) Security training and education services. - Security training and education for teachers, staff, and administrators." Session Laws 2017-57, s. 7.25(a), (b), provides: "(a) Of the funds appropriated to the Department of Public Instruction by this act for the Life Changing Experiences School Pilot Program for the 2017-2019 fiscal biennium, the Department shall use up to three hundred sixty thousand dollars ($360,000) for each year of the 2017-2019 fiscal biennium to contract with the Children and Parent Resource Group, Inc., to design, implement, and evaluate a two-year Life Changing Experiences School Pilot Program (Project), beginning with the 2017-2018 school year and ending with the 2018-2019 school year. The Project shall be operated and administered for students in grades six through 11 in the following local school administrative units: Mitchell County Schools, Pitt County Schools, Wayne County Schools, and Winston-Salem/Forsyth County Schools. These contract funds shall not be used for any purpose other than to implement the Project in the local school administrative units, which consists of traveling three-dimensional, interactive, holistic, and evidence-based multimedia education in-school programs. The Project includes theme-specific programs screened as school assemblies and additional follow-up applications that address dangerous life and community threatening activities that negatively impact teenagers, including alcohol and other drugs, dangerous driving, violence, and bullying. The goal of these programs is to increase positive intentions and behavioral outcomes by teaching students the techniques and skills that empower them to reach meaningful life goals, employ positive behaviors, and start businesses and social enterprises. "(b) The Children and Parent Resource Group, Inc., in consultation with the Department of Public Instruction, shall submit an initial report on the Project authorized by subsection (a) of this section by March 1, 2018, and a final report by March 1, 2019, to the Joint Legislative Education Oversight Committee and the Fiscal Research Division. The report shall include an accounting of expenditures and student outcome data related to the operation of the Project." Session Laws 2017-57, s. 7.26B(b), provides: "Reading Improvement Commission. - The Superintendent of Public Instruction shall establish a Reading Improvement Commission (Commission) within the Department of Public Instruction to study and make recommendations on best practices for public schools in the State to improve reading comprehension, understanding, and application for students in grades four through 12 to ensure that students complete high school with literacy skills necessary for career and college readiness. The Commission shall develop recommendations on appropriate methods to monitor student progress and provide appropriate and timely remediation to students to ensure success on nationally norm-referenced college admissions tests. The Superintendent of Public Instruction may appoint superintendents, principals, reading instructors, representatives from research institutions, and other individuals as determined by the Superintendent to the Commission. Of the funds appropriated to the Department of Public Instruction for the 2017-2018 fiscal year, the Superintendent of Public Instruction may use up to two hundred thousand dollars ($200,000) in nonrecurring funds for the 2017-2018 fiscal year for the work of the Reading Improvement Commission. The Superintendent may also use these funds to contract with an independent research organization to assist in the study. The Superintendent of Public Instruction shall report to the Joint Legislative Education Oversight Committee, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the State Board of Education on the study, including any findings and recommendations, no later than January 15, 2019. The State Board of Education may use the findings and recommendations to inform the State Board's policies and may submit additional comments on the report to the Joint Legislative Education Oversight Committee, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives no later than February 15, 2019." 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 2017-157, s. 4(a), provides: "The Superintendent of Public Instruction shall convene a work group to study effective and positive intervention measures or policy changes to address risky behaviors and encourage student health and mental health. The work group shall consist of personnel from within the Department of Public Instruction with expertise in student health issues, including mental health, as well as personnel from the Department of Health and Human Services, Division of Public Health. The Superintendent may also appoint representatives from various public and private stakeholder groups as well as representatives from local school administrative units and charter schools. The Superintendent shall report on the work group's findings and recommendations to the State Board of Education and the Joint Legislative Education Oversight Committee by April 1, 2018." Session Laws 2018-5, s. 7.17(a), (b), provides: "(a) Of the funds appropriated to the Department of Public Instruction for the 2018-2019 fiscal year by this act, the sum of up to two hundred thousand dollars ($200,000) for the 2018-2019 fiscal year shall be made available to the North Carolina Hospitality Education Foundation (Education Foundation) of the North Carolina Restaurant and Lodging Association to be used to provide nationally certified programs in career and technical education focused on developing critical skills necessary for students to succeed in the hospitality sector. The purpose of the funds shall be to support instructor and student training and student testing to increase the State's skilled workforce in the restaurant and lodging sectors. The Education Foundation shall match State funds made available pursuant to this section on the basis of one dollar ($1.00) in State funds for every one dollar ($1.00) in non-State funds. "(b) The Education Foundation, in consultation with the Department of Public Instruction, shall submit a report by April 1 of each year in which the Education Foundation spends State funds made available pursuant to this section to the Joint Legislative Education Oversight Committee and the Fiscal Research Division on the activities described by this section and the use of those funds." Session Laws 2018-114, s. 27(a), provides: "The General Assembly finds that the North Carolina Supreme Court, in North Carolina State Board of Education v. State of North Carolina and Mark Johnson, No. 333PA17 (June 8, 2018), affirmed the facial constitutionality of S.L. 2016-126 in clarifying the authority of the Superintendent of Public Instruction as the administrative head of the Department of Public Instruction and the Superintendent's role in the direct supervision of the public school system. SBOP-011 (Responsibilities of the SBE in supervising/administering the public school system of NC and the funds provided for its support) and SBOP-013 (Delegation of Authority from the State Board of Education to the Superintendent of Public Instruction) are repealed. The State Board of Education may readopt rules or policies related to internal management that are not inconsistent with the statutory requirements of S.L. 2016-126, including, but not limited to, the requirements of G.S. 115C-11 , 115C-19, 115C-21, and 143A-441." Session Laws 2018-114, s. 29, is a severability clause. Session Laws 2019-212, s. 2(a)-(c), provides: "(a) It is the intent of the General Assembly that the State move toward a through-grade assessment model, in which all State-mandated assessments are administered in multiple short testing events throughout the school year rather than in a single long testing event at the end of the year. "(b) The Superintendent of Public Instruction shall report by November 15, 2020, and annually thereafter until November 15, 2024, to the Joint Legislative Education Oversight Committee regarding the progress of the North Carolina Personalized Assessment Tool (NCPAT) pilot. At a minimum, the report shall include the following, when available: "(1) Demographic information for each school participating in the pilot. "(2) NCPAT performance, including proficiency and growth data, at the State, public school unit, and school level for students enrolled in participating schools. Such data shall be aggregated for all students and disaggregated for each subgroup of students identified in G.S. 115C-83.15(d1) without revealing personally identifiable information. "(3) End-of-grade assessment performance, including proficiency and growth data, at the State and public school unit level for students not enrolled in participating schools. Such data shall be aggregated for all students and disaggregated for each subgroup of students identified in G.S. 115C-83.15(d1) without revealing personally identifiable information. "(4) Feedback received from teachers, principals, unit-level staff, students, parents, and other stakeholders regarding the NCPAT pilot and a description of how such feedback was incorporated into the NCPAT pilot. "(5) Progress in scaling up the assessment system to additional public school units or schools measured against the Department of Public Instruction's latest time line submitted to the United States Department of Education. "(6) Description of how the participation of any additional schools or public school units in that year contributed to progress toward achieving high-quality and consistent implementation across demographically diverse public school units. "(7) The most recent Innovative Assessment Demonstration Authority Annual Performance Report submitted to the United States Department of Education. "(8) Any communications received from the United States Department of Education related to the NCPAT pilot. "(9) Progress in developing a plan to replace the science end-of-grade assessments in fifth and eighth grade with through-grade assessments after the completion of the NCPAT pilot. "(10) Progress in developing a plan to replace all end-of-course assessments with through-grade assessments for State-mandated high school assessments after the completion of the NCPAT pilot. "(11) Recommendations on any changes needed in State law to continue implementation of through-grade assessments statewide after the completion of the NCPAT pilot. "(c) Notwithstanding any other provision of law, the State Board of Education and the Superintendent of Public Instruction may supervise and administer the NCPAT pilot in fulfillment of the State's Innovative Assessment Demonstration Authority granted by the United States Department of Education." Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium." Session Laws 2020-78, s. 22.3, is a severability clause. Effect of Amendments. - Session Laws 2014-115, s. 55.4(b), effective August 11, 2014, substituted "North Carolina Human Resources Act" for "State Personnel System" at the end of subdivision (a)(1). Session Laws 2016-126, 4th Ex. Sess., s. 4, effective January 1, 2017, in subsection (a), deleted "Subject to the direction, control, and approval of the State Board of Education" at the beginning of the introductory language, rewrote subdivisions (a)(1), (a)(5), and (a)(6), and added subdivisions (a)(8) and (a)(9); and in subsection (b), rewrote the introductory language, deleted former subdivision (b)(1), which read: "To administer through the Department of Public Instruction, the instructional policies established by the Board," added subdivision (b)(1b), inserted "or she" in subdivision (b)(5), substituted "needed rules and regulations" for "instructional policies and procedures" in subdivision (b)(6), and rewrote subdivision (b)(9).