North Carolina § 115C-5 - Definitions.

§ 115C-5. Definitions.

As used in this Chapter unless the context requires otherwise: The State Board of Education may be referred to as the "Board" or as the "State Board." The governing board of a city administrative unit is "the ____________ city board of education." The governing board of a county administrative unit is "the ____________ county board of education." The governing body of a public school unit is the following: For a local school administrative unit, the local board of education. For a charter school, the nonprofit corporation board of directors. For a regional school, the regional school board of directors. For a school operated under Article 7A and Article 9C of this Chapter, the State Board of Education. For a school operated under Article 29A of Chapter 116 of the General Statutes, the chancellor of the constituent institution. The term "school district" means any district defined by G.S. 115C-69. "Local board" or "board" means a city board of education, county board of education, or a city-county board of education. "Local school administrative unit" means a subdivision of the public school system which is governed by a local board of education. It may be a city school administrative unit, a county school administrative unit, or a city-county school administrative unit. The executive head of a school shall be called "principal." Public school unit. - Any of the following: A local school administrative unit. A charter school. A regional school. A school providing elementary or secondary instruction operated by one of the following: The State Board of Education, including schools operated under Article 7A and Article 9C of this Chapter. The University of North Carolina under Article 29A of Chapter 116 of the General Statutes. The executive officer of a local school administrative unit shall be called "superintendent." "Superintendent" means the superintendent of schools of a public school system or, in his absence, the person designated to fulfill his functions. "Supervisor" means a person paid on the supervisor salary schedule who supervises the instructional program in one or more schools and is under the immediate supervision of the superintendent or his designee. The term "tax-levying authority" means the board of county commissioners of the county or counties in which an administrative unit is located or such other unit of local government as may be granted by local act authority to levy taxes on behalf of a local school administrative unit. History (1955, c. 664; c. 1372, art. 1, ss. 8, 9; 1965, c. 584, s. 2; 1967, c. 223, s. 1; 1971, c. 883; c. 1188, s. 2; 1973, c. 315, s. 1; c. 782, ss. 1-30; 1975, c. 437, s. 10; 1979, c. 864, s. 2; 1981, c. 423, s. 1; 1985 (Reg. Sess., 1986), c. 975, s. 2; 1997-456, s. 27; 2019-51, s. 1; 2020-56, s. 6(a), (b).) Editor's Note. - Session Laws 2010-31, s. 7.24(a)-(h), provides: "(a) It is the intent of the General Assembly to implement a funding formula in the 2011-2012 school year that will provide money to local school administrative units for the purpose of paying the tuition of high school students taking higher education courses for which tuition is required. "(b) It is the intent of the General Assembly to eliminate the tuition waiver for courses taken by high school students at community colleges set forth in G.S. 115D-5(b) effective July 1, 2011, except for the waiver that applies to students in cooperative innovative high school programs established pursuant to Part 9 of Article 16 of Chapter 115C of the General Statutes. Tuition shall continue to be waived for students in cooperative innovative high school programs. "(c) For the 2011-2012 school year, the North Carolina Community College System General Fund appropriations shall be reduced by an amount calculated by multiplying the number of FTE high school students for whom tuition is required by the per capita budgeted receipts for community college curriculum instruction. This amount of funds shall be transferred to the State Board of Education for distribution to the local school administrative units. "(d) For the 2011-2012 school year, the General Fund appropriation for Learn and Earn Online shall be available to the State Board of Education for distribution to the local school administrative units. "(e) For the 2011-2012 school year, the State Public School Fund shall be reduced by an amount calculated by (i) subtracting the per capita budgeted receipts for community college curriculum instruction from the in-State tuition amount per FTE and (ii) multiplying the result by the number of FTE high school students for whom tuition is required. This amount of funds shall be available to the State Board of Education for distribution to the local school administrative units. "The State Board of Education shall ensure that appropriate and reliable data is collected in order to implement this section. "(f) The amounts transferred to the State Board of Education under subsections (c), (d), and (e) of this section shall be distributed to local school administrative units based on the pro rata share of each local school administrative unit's number of FTE high school students for whom tuition is required. "(g) The amounts allocated to local school administrative units under this section shall not be transferred to other uses and shall only be available for paying the tuition of high school students taking higher education courses for which tuition is required. "(h) Beginning with the 2010-2011 school year, courses provided in (i) general education, except for mathematics, science, and technology, (ii) physical education, and (iii) college success skills courses offered to high school students shall no longer generate State funding through budget FTE. If an institute of higher education offers these courses to high school students, the colleges may charge an amount sufficient to cover the costs of the courses. "This subsection does not apply to courses provided to students of Early and Middle College High Schools." 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. Laws 2019-51, s. 2.3, made subdivision (11), as added by Session Laws 2019-51, s. 1, effective July 1, 2019, and applicable beginning with the 2019-2020 school year. Subdivision (11) was subsequently renumbered as (7a) at the direction of the Revisor of Statutes to maintain alphabetical order. Effect of Amendments. - Session Laws 2019-51, s. 1, added subsection (7a). For effective date and applicability, see editor's note. Session Laws 2020-56, s. 6(a), (b), effective June 30, 2020, added subdivision (3a); and substituted "North Carolina under Article 29A" for "North Carolina, including schools operated under Articles 4, 29 and 29A" in sub-subdivision (7a)d.2.