North Carolina § 115C-81 - 36. Advanced courses in mathematics.

§ 115C-81. 36. Advanced courses in mathematics.

When practicable, local boards of education shall offer advanced learning opportunities in mathematics in grades three through five, and advanced courses in mathematics in all grades six and higher. For the purposes of this section, advanced learning opportunities are those services and curricular modifications in mathematics for academically or intellectually gifted students approved as part of the local plan, as required by G.S. 115C-150.7. When advanced learning opportunities are offered in mathematics in grades three through five, any student scoring at the highest level on the end-of-grade test shall, for the next school year, be provided advanced learning opportunities in mathematics approved for that student's grade level. No student who qualifies under this subsection shall be removed from the advanced learning opportunity provided to the student unless a parent or guardian of the student provides written consent for the student to be excluded or removed after being adequately informed that the student's placement was determined by the student's achievement on the previous end-of-grade test. When advanced courses are offered in mathematics in grades six and higher, any student scoring at the highest level on the end-of-grade or end-of-course test for the mathematics course in which the student was most recently enrolled shall be enrolled in the advanced course for the next mathematics course in which the student is enrolled. A student in seventh grade scoring at the highest level on the seventh grade mathematics end-of-grade test shall be enrolled in a high school level mathematics course in eighth grade. Local boards of education may provide supplemental content enrichment, which may include the administration of diagnostic assessments, to students enrolled in a high school level mathematics course. No student who qualifies under this subsection shall be removed from the advanced or high school mathematics course in which the student is enrolled unless a parent or guardian of the student provides written consent for the student to be excluded or removed from that course after being adequately informed that the student's placement was determined by the student's achievement on the previous end-of-grade or end-of-course test. By December 15, 2020, and annually thereafter, the Department of Public Instruction shall submit a report to the Joint Legislative Education Oversight Committee containing data collected for the current school year on the number and demographics of students who were eligible for advanced mathematics courses under this section, including high school level mathematics courses in eighth grade, and of those students, the number and demographics of those who were placed in advanced mathematics courses and were not placed in advanced mathematics courses. The report shall include information on the type and format of advanced mathematics courses provided and shall also include any feedback provided by local boards of education on the implementation of this section. The Department of Public Instruction shall provide guidance to local boards of education on how to best develop programming and courses to ensure all impacted students receive rigorous, academically appropriate instruction in mathematics. History (2018-32, s. 2(a); 2019-120, s. 1.) Editor's Note. - Session Laws 2018-32, s. 7, made this section effective June 22, 2018, and Session Laws 2018-32, s. 2(b) made it applicable beginning with the 2018-2019 school year. Session Laws 2019-120, ss. 2-4, provides: "Notwithstanding G.S. 115C-81.36(b) , as amended by this act, schools that did not offer Math I to eighth grade students during the 2018-2019 school year, either in person or virtually through the North Carolina Virtual Public School, may offer Math I in eighth grade for the 2019-2020 school year but shall not be required to do so. "Each local board of education with schools exempted from G.S. 115C-81.36(b) for the 2019-2020 school year under Section 2 of this act shall develop a plan to implement, beginning with the 2020-2021 school year, G.S. 115C-81.36(b) , as amended by this act. The plan shall be submitted to the Superintendent of Public Instruction by January 15, 2020. At a minimum, the plan shall include the following: "(1) An explanation of staffing for eighth grade Math I courses, including an indication of how adequate staffing will be accomplished and any anticipated shortages in staffing or other staffing challenges. This explanation shall also include any anticipated coordination with community colleges or coordination between schools in order to provide appropriate instructors for each eighth grade Math I course. If the local board of education continues to find it is not practicable to offer Math I in eighth grade, the plan shall include a detailed rationale for that determination. "(2) An estimate, based on student performance over the previous three years, of the expected number of students enrolled eligible for enrollment in Math I courses in eighth grade for the 2020-2021 school year. "The Superintendent of Public Instruction shall compile the plans submitted by each local board of education into a summary report to be submitted to the Joint Legislative Education Oversight Committee, along with any recommended changes, by March 15, 2020." Session Laws 2019-120, s. 5, made the rewriting of this section by Session Laws 2019-120, s. 1, effective July 11, 2019, and applicable beginning with the 2019-2020 school year. 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. 2.8(a), (b), provides: "(a) Notwithstanding G.S. 115C-81.36(a1) and (b), math placement for the 2020-2021 school year shall be determined as follows: "(1) Initial math placements for all students shall be made consistent with local policies, in consultation with a student's 2019-2020 school year math teacher. "(2) For students not initially placed in advanced courses or advanced learning opportunities in math, a student or student's parent may request administration of the end-of-grade or end-of-course test for the mathematics grade or course in which the student was enrolled for the 2019-2020 school year solely for the purpose of determining math placement for the 2020-2021 school year. Any student scoring at the highest level on the math end-of-grade or end-of-course test shall be placed as provided in G.S. 115C-81.36(a1) and (b). "(b) For the purposes of G.S. 115C-81.36(c) , the Department of Public Instruction shall submit its December 15, 2020, report to the Joint Legislative Education Oversight Committee on the number and demographics of students who were (i) enrolled in advanced mathematics courses, including high school level mathematics courses in eighth grade, or (ii) given other advanced learning opportunities for the 2020-2021 school year. The report shall include information on the type and format of advanced mathematics courses or advanced learning opportunities provided and shall also include any feedback provided by local boards of education on the implementation of G.S. 115C-81.36 ." Session Laws 2020-3, s. 5, is a severability clause. Effect of Amendments. - Session Laws 2019-120, s. 1, rewrote the section. For effective date and applicability, see editor's note. §§ 115C-81.37 through 115C-81.39: Reserved for future codification purposes.