North Carolina § 115C-105 - 39A. Identification of low-performing local school administrative units.

§ 115C-105. 39A. Identification of low-performing local school administrative units.

Identification of Low-Performing Local School Administrative Units. - The State Board of Education shall identify low-performing local school administrative units on an annual basis. A low-performing local school administrative unit is a unit in which the majority of the schools in that unit that earned an overall school performance grade and school growth score as provided in G.S. 115C-83.15 have been identified as low-performing schools, as provided in G.S. 115C-105.37. Plan for Improvement of Low-Performing Local School Administrative Units. - Once a local school administrative unit has been identified as low-performing under this section, the following actions shall be taken: The superintendent shall proceed under G.S. 115C-105.39. Within 30 days of the identification of a local school administrative unit as low-performing by the State Board, the superintendent shall submit to the local board of education a preliminary plan for improving both the school performance grade and school growth score of each low-performing school in the unit, including how the superintendent and other central office administrators will work with each low-performing school and monitor the low-performing school's progress and how current local school administrative unit policy should be changed to improve student achievement throughout the local school administrative unit. The plan shall also include specific strategies to improve early childhood learning along with measurable goals. Within 30 days of its receipt of the preliminary plan, the local board shall vote to approve, modify, or reject this plan. Before the local board votes on the plan, it shall make the plan available to the public, including the personnel assigned to each low-performing school and the parents and guardians of the students who are assigned to each low-performing school, and shall allow for written comments. The local board shall submit a final plan to the State Board within five days of the local board's approval of the plan. The State Board shall review the plan expeditiously and, if appropriate, may offer recommendations to modify the plan. The local board shall consider any recommendations made by the State Board and, if necessary, amend the plan and vote on approval of any changes to the final plan. The local board of education shall provide access to the final plan on the local school administrative unit's Web site. The State Board of Education shall also provide access to each low-performing local school administrative unit plan on the Department of Public Instruction's Web site. Parental Notice of Low-Performing Local School Administrative Unit Status. - Each local school administrative unit that the State Board identifies as low-performing shall provide written notification to the parents and guardians of all students attending any school in the local school administrative unit within 30 days of the identification that includes the following information: A statement that the State Board of Education has found that a majority of the schools in the local school administrative unit have earned an overall school performance grade of D or F and a school growth score of "met expected growth" or "not met expected growth" and have been identified as low-performing schools as defined by G.S. 115C-105.37. The statement shall also include an explanation of the school performance grades and school growth scores. The percentage of schools identified as low-performing. Information about the preliminary plan developed under subsection (b) of this section and the availability of the final plan on the local school administrative unit's Web site. The meeting date for when the preliminary plan will be considered by the local board of education. A description of any additional steps the local school administrative unit and schools are taking to improve student performance. For notifications sent to parents and guardians of students attending a school that is identified as low-performing under G.S. 115C-105.37, a statement that the State Board of Education has found that the school has earned an overall school performance grade of D or F and a school growth score of "met expected growth" or "not met expected growth" and has been identified as a low-performing school as defined by G.S. 115C-105.37. This notification also shall include the overall school performance grade and school growth score the school earned and an explanation of the school performance grades and school growth scores. History (2015-241, s. 8A.4(c); 2017-57, s. 7.26(g); 2020-55, s. 1.) Editor's Note. - Session Laws 2017-57, s. 7.26( l ), made the amendment to subsections (a) and (c) of this section by Session Laws 2017-57, s. 7.26(g), applicable beginning with the 2017-2018 school year. 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. 39.6, is a severability clause. 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. 2.5(c), provides: "Low-Performing Local School Administrative Units. - Notwithstanding G.S. 115C-105.39 A, for the 2020-2021 school year, the following applies: "(1) The State Board shall not identify additional low-performing local school administrative units based on data from the 2019-2020 school year. "(2) Local school administrative units previously identified as low-performing based on data from the 2018-2019 school year shall continue to be identified as low-performing. "(3) Previously identified low-performing local school administrative units shall continue to carry out the final plan approved by the local board of education pursuant to G.S. 115C-105.39 A(b). "(4) The State Board and the local board of education shall continue to provide online access to each low-performing local school administrative unit's plan in accordance with G.S. 115C-105.39 A(b)(5). "(5) The written parental notice required by G.S. 115C-105.39 A(c) is not required to be provided again, but the local board of education shall include with its online final plan a brief explanation that low-performing identification continues pending assessment data from the 2020-2021 school year. "(6) The provisions of G.S. 115C-105.39(c) through (e) shall not apply." Session Laws 2020-3, s. 5, is a severability clause. Session Laws 2020-55, s. 2, provides: "When providing intensive support for low-performing local school administrative units through Regional Support Teams, the Department of Public Instruction shall ensure that the comprehensive needs assessment tool includes an examination of early childhood learning. The assessment shall examine, at a minimum, the following for preschool through third grade: "(1) Training levels of early childhood teachers and support staff. "(2) The ratio of students to teachers. "(3) Alignment of preschool curricula to curricula for kindergarten through third grade. "(4) Kindergarten transition supports, including collaboration with preschool educators. "(5) Kindergarten preparedness." Session Laws 2020-55, s. 3, made the amendment to this section by Session Laws 2020-55, s. 1, effective June 30, 2020, and applicable beginning with plans of improvement and comprehensive needs assessments for local school administrative units identified as low-performing based on data from the 2020-2021 school year. Effect of Amendments. - Session Laws 2017-57, s. 7.26(g), effective July 1, 2017, substituted "earned an overall" for "received a" in subsection (a) and subdivision (c)(1); in subdivision (c)(6) substituted "earned an overall" for "received a" in the first sentence, and inserted "overall" and substituted "earned" for "received" in the last sentence. For applicability, see editor's note. Session Laws 2020-55, s. 1, added the last sentence in subdivision (b)(2). For effective date and applicability, see editor's note.