North Carolina § 115C-75 - 5. Definitions.

§ 115C-75. 5. Definitions.

The following definitions apply in this Article: Innovative school. - A qualifying school selected by the State Board of Education under the supervision of the North Carolina Innovative School District. Reserved. Innovative school operator or IS operator. - An entity selected by the State Board of Education upon the recommendation of the ISD Superintendent to operate an innovative school. ISD Superintendent. - The superintendent of the ISD appointed by the Superintendent of Public Instruction in accordance with G.S. 115C-75.6. North Carolina Innovative School District or ISD. - The statewide school unit established pursuant to this Article. Qualifying school. - A school with a school performance score in the lowest-performing five percent (5%) of all schools meeting the following criteria: Receives funds under Part A of Title I of the Elementary and Secondary Education Act of 1965, as amended. Is governed by a local board of education subject to this Article. Is not one of the following types of schools: An alternative school. A cooperative innovative high school. A school that was in its first or second year of operation in the previous school year. A newcomers school. For the purposes of this subdivision, a newcomers school is a school in which at least ninety percent (90%) of its students are enrolled for no more than one year on the basis of their status as recently arrived English language learners. History (2016-110, s. 1; 2016-126, 4th Ex. Sess., s. 14; 2017-57, ss. 7.26(e), 7.26E(a), (f); 2018-5, s. 7.20(a); 2018-145, s. 27(b); 2019-248, s. 1(a).) Editor's Note. - Session Laws 2016-110, s. 4, as amended by Session Laws 2017-57, s. 7.26E(d), provides: "Evaluation of the Innovative School District and Other Innovation Models. - The State Board of Education shall contract during the 2017-2018 school year with an independent research organization to evaluate the implementation and effectiveness of the following: "(1) The Innovative School District in turning around low-performing schools beginning with the 2018-2019 school year through the 2022-2023 school year, including the innovation zone established in Section 4.5 of this act. The State Board of Education shall require IS operators to provide the independent research organization with requested data to conduct the evaluation. The independent research organization shall include an analysis on the impact of public versus private funding in the effectiveness of the Innovative School District. "(2) Innovation zones in turning around low-performing schools beginning with the 2017-2018 school year through the 2022-2023 school year. The State Board of Education shall require local boards of education granted innovation zones to provide the independent research organization with requested data to conduct the evaluation. "The independent research organization shall report its interim findings to the State Board of Education annually no later than February 15, beginning in 2018, and shall submit a final report no later than February 15, 2024. The State Board of Education shall provide the report of the independent research commission, along with any recommended legislative changes, to the Joint Legislative Education Oversight Committee annually no later than March 1, beginning in 2018 until submission of the final report in 2024." Session Laws 2016-110, s. 4.5, provides: "The State Board of Education shall authorize the Charlotte-Mecklenburg (CMS) Board of Education to create an innovation zone among Project LIFT schools and Beacon Initiative schools, as provided in G.S. 115C-75.13 , for the 2017-2018 through 2021-2022 school years. Notwithstanding G.S. 115C-75.13 , the CMS innovation zone may include up to five low-performing schools. For the purposes of this section, Project LIFT schools are those schools within the feeder area for West Charlotte High School governed by the collaborative agreement between the CMS Board of Education and Project Leadership and Investment for Transformation. Beacon Initiative schools are those schools designated by the CMS Board of Education to participate in the Beacon Initiative Partnership between the CMS Board of Education and the University of Virginia." Session Laws 2016-110, s. 5, as amended by Session Laws 2017-57, s. 7.11(c), provides: "There is appropriated from the General Fund to the Department of Public Instruction four hundred thousand dollars ($400,000) in recurring funds for the 2016-2017 fiscal year for salary and benefits for the ISD Superintendent, staff, and other expenses associated with the ISD. Any funds appropriated for this purpose that are unexpended at the end of the 2016-2017 fiscal year shall not revert but shall remain available for one-time, start-up expenses of the ISD until the end of the 2017-2018 fiscal year. There is appropriated from the General Fund to the Department of Public Instruction five hundred thousand dollars ($500,000) for the 2016-2017 fiscal year to contract with an independent research organization to conduct the evaluation required in Section 4 of this act. Funds appropriated to the Department of Public Instruction for the 2016-2017 fiscal year for the evaluation shall not revert at the end of the fiscal year but shall remain available until expended." Session Laws 2016-110, s. 6, as amended by Session Laws 2017-57, s. 7.26E(e), and Session Laws 2018-97, s. 2.13, provides: "Beginning with the 2018-2019 fiscal year, from the funds appropriated to the Department of Public Instruction each fiscal year for the award of innovation zone model grants, the State Board of Education shall, upon recommendation of the ISD Superintendent, award innovation zone model grants of up to one hundred fifty thousand dollars ($150,000) per fiscal year for five years to local boards of education who (i) have been authorized to adopt the innovation zone model by the State Board of Education for up to three schools or for a local school administrative unit with more than thirty-five percent (35%) of schools within the unit identified as low-performing and (ii) provide a dollar-for-dollar match with non-State funding for the requested grant amount. Innovation zone model grants shall be directed by local boards of educations to the innovation zone office to address specific issues in innovation zone schools. Notwithstanding any other provision of law or a provision of the Committee Report described in Section 39.2 of S.L. 2017-57 to the contrary, for the 2018-2019 fiscal year only, the Department may also use these funds to cover the administrative costs of the Innovative School District during the 2018-2019 fiscal year." Session Laws 2016-110, s. 7, provides: "This act becomes effective only if funds are appropriated by the Current Operations Appropriations Act of 2016 for the Achievement School District." The appropriation was made in the reserve for pending legislation in the budget bill. Session Laws 2016-110, s. 8, as amended by Session Laws 2017-57, s. 7.26E(f), as amended by Session Laws 2018-145, s. 27(b), and as amended by Session Laws 2019-248, s. 1(f), provides: "This act is effective when it becomes law [July 22, 2016] and supervision of innovative schools by the Innovative School District shall begin with the 2018-2019 school year. In the discretion of the State Board of Education (i) the ISD Superintendent may not be required during the 2017-2018 school year to recommend qualifying schools for inclusion in the ISD for the 2018-2019 school year and (ii) the time line for selection of innovative schools for the 2018-2019 school year provided in G.S. 115C-75.7 may be varied, but in no event may the local board of education's decision occur later than April 1, 2018." Session Laws 2017-57, s. 7.26( l ), made the amendment to subdivision (5) of this section by Session Laws 2017-57, s. 7.26(e), applicable beginning with the 2017-2018 school year. Session Laws 2017-57, s. 7.26E(a), effective July 1, 2017, rewrote the Article 7A heading, which read: "Achievement School District and Innovation Zones." At the direction of the Revisor of Statutes, subdivision (2) as amended by Session Laws 2017-57, s. 7.26E(a), was renumbered as subdivision (4a) to maintain alphabetical order. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2018-145, s. 27(a), provides: "Notwithstanding G.S. 115C-75.7 , the Wayne County Board of Education may apply, no later than February 1, 2019, to the State Board of Education for authorization to adopt the restart model for the operation of Carver Heights Elementary School pursuant to G.S. 115C-105.37 B(a)(2). Application to the State Board for operation of Carver Heights Elementary School as a restart model school shall be in lieu of adopting a resolution by February 1, 2019, on whether the Wayne County Board of Education has determined to (i) close the elementary school or (ii) transfer the elementary school into the North Carolina Innovative School District (ISD) as a prospective innovative school selected by the State Board for the 2019-2020 school year. However, notwithstanding any provision of Article 7A of Chapter 115C of the General Statutes to the contrary, Carver Heights Elementary School may still be transferred to the ISD in accordance with the following: "(1) If the Wayne County Board of Education applies to the State Board to operate Carver Heights Elementary School as a restart model school and one of the following occurs: "a. The State Board does not authorize that Carver Heights Elementary School be operated as a restart model school based on the local board of education's application. The school shall then be transferred to the ISD beginning with the 2019-2020 school year. "b. The State Board authorizes that Carver Heights Elementary School be operated as a restart model school beginning with the 2019-2020 school year and, at the conclusion of the 2020-2021 school year, the school still meets the definition of a qualifying school under G.S. 115C-75.5(5) , notwithstanding the provision in that definition that the school had not adopted one of the models established in G.S. 115C-105.37 B for the immediately prior school year. The school shall then be transferred to the ISD beginning with the 2021-2022 school year. "(2) If the Wayne County Board of Education fails to apply to the State Board of Education for authorization to adopt the restart model for the operation of Carver Heights Elementary School pursuant to this section by February 1, 2019, and has taken no other action as required by G.S. 115C-75.7(c) , the school shall then be transferred to the ISD beginning with the 2019-2020 school year." Session Laws 2019-248, s. 3, made amendments by Session Laws 2019-248, s. 1(a), effective November 11, 2019, and applicable beginning with schools identified as qualifying schools for the 2019-2020 school year, based on data from the 2018-2019 school year. Session Laws 2019-248, s. 1(c), as amended by Session Laws 2020-3, s. 2.6(b), provides: "For the purposes of this subsection, a qualifying school is as defined by G.S. 115C-75.5(5) , as amended by this act. Notwithstanding G.S. 115C-75.7 , as amended by this act, the State Board of Education shall select the following schools to become innovative schools: "(1) Repealed by Session Laws 2020-3, s. 2.6(b), effective May 4, 2020. "(2) The lowest scoring qualifying school in the State identified based on the school performance score calculated from data for the 2020-2021 school year to become an innovative school in the 2022-2023 school year." Session Laws 2019-248, s. 1(d), provides: "The State Board of Education shall select all innovative schools, as required by G.S. 115C-75.7(a) , as amended by this act, no earlier than the 2022-2023 school year for inclusion in the Innovative School District beginning with the 2023-2024 school year, unless a local board of education requests selection prior to that year." Session Laws 2019-248, s. 1(e), provides: "The State Superintendent of Education and the ISD Superintendent shall jointly study the following and report on any recommendations and suggested legislative changes to the Joint Legislative Education Oversight Committee no later than March 15, 2020: "(1) Options for innovative schools. - Structure of innovative schools and types of partnerships with IS operators or other entities that provide effective options and ensure flexibility for the Innovative School District (ISD) to best address the needs of innovative schools and students. This recommendation should take into consideration, but is not limited to, factors such as length of time of an innovative school in the ISD, role or relationship of the local board of education with the ISD and innovative school, and types of entities and contract terms that the ISD should use to establish options for selecting the most appropriate entity to serve the innovative school. "(2) Reform of low-performing school models. - Alignment of requirements in Chapter 115C of the General Statutes for identification and reform of low-performing and continually low-performing schools, including Part 3 of Article 8B of Chapter 115C of the General Statutes, with other reform efforts in State and federal law, to ensure a comprehensive and efficient approach to support and improvement of those schools that does not create redundancies." Session Laws 2020-3, s. 2.1, as amended by Session Laws 2020-49, s. 3(a), provides: "For the purposes of this Part, the following definitions apply: "(1) Authority. - State Education Assistance Authority. "(2) Coronavirus disease 2019 (COVID-19) emergency. - The period beginning March 10, 2020, and continuing until the Governor signs an executive order rescinding Executive Order No. 116 (Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19). "(3) Federal testing waiver. - The testing waiver granted to the State Board of Education by the United States Department of Education for the 2019-2020 school year, pursuant to section 8401(b) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended, which, pursuant to G.S. 115C-174.11 , eliminated the collection of certain student assessment data for the 2019-2020 school year. "(4) Modified calendar school. - A school that a local board designated as having a modified calendar for the 2003-2004 school year or any school that was part of a planned program in the 2003-2004 school year for a system of modified calendar schools, so long as the school operates under a modified calendar. "(5) State Board. - The State Board of Education. "(6) Year-round school. - A school with a single or multi-track instructional calendar that was adopted prior to March 1, 2020, and provides instructional days in compliance with Section 2.11(b)(1) of this Part throughout the entire school calendar year, beginning July 1 and ending June 30, by utilizing at least one of the following plans: "a. A plan dividing students into four groups and requiring each group to be in school for assigned and staggered quarters each school calendar year. "b. A plan providing students be scheduled to attend an average of between 44 and 46 instructional days followed by an average of between 15 and 20 days of vacation, repeated throughout the school calendar year. "c. A plan dividing the school calendar year into five nine-week sessions of classes and requiring each student to attend four assigned and staggered sessions out of the five nine-week sessions to complete the student's instructional year." Session Laws 2020-3, s. 2.2, provides: "The purpose of this Part is to clarify or modify certain requirements in consideration of actions and circumstances related to the COVID-19 emergency, including, but not limited to, the federal testing waiver and the closure of schools for in-person instruction during the 2019-2020 school year." Session Laws 2020-3, s. 5, is a severability clause. Effect of Amendments. - Session Laws 2016-126, 4th Ex. Sess., s. 14, effective January 1, 2017, substituted "Superintendent of Public Instruction" for "State Board of Education" in subdivision (4). Session Laws 2017-57, s. 7.26(e), effective July 1, 2017, substituted "earned an overall" for "received a" in subdivision (5)(a). For applicability, see editor's note. Session Laws 2017-57, s. 7.26E(a), effective July 1, 2017, in subsection (1) substituted "innovative school" for "achievement School," "IS operator" for "AS operator," and "ISD Superintendent" for "ASD Superintendent" throughout the section; "North Carolina Innovative School" for "Achievement School" at the end; in subsection (2) substituted "North Carolina Innovative School" for "Achievement School" and in subsection (4), substituted "G.S. 115C-75.6" for "G.S. 115C-75.6(b)"; and substituted "innovative" for "achievement" in subdivision (5)(b). Session Laws 2018-5, s. 7.20(a), effective July 1, 2018, added the exception at the beginning of the second sentence of subdivision (3). Session Laws 2019-248, s. 1(a), deleted the former last sentence of subdivision (3), which read: "Except as otherwise provided in this Article, the Department of Public Instruction may not be selected as an IS operator."; and rewrote subdivision (5). For effective date and applicability, see editor's note.