North Carolina § 115C-12 - Powers and duties of the Board generally.

§ 115C-12. Powers and duties of the Board generally.

The general supervision and administration of the free public school system shall be vested in the State Board of Education. The State Board of Education shall establish all needed rules and regulations for the system of free public schools, subject to laws enacted by the General Assembly. In accordance with Sections 7 and 8 of Article III of the North Carolina Constitution, the Superintendent of Public Instruction, as an elected officer and Council of State member, shall administer all needed rules and regulations adopted by the State Board of Education through the Department of Public Instruction. The powers and duties of the State Board of Education are defined as follows: Financial Powers. - The financial powers of the Board are set forth in Article 30 of this Chapter. To Submit a Budget Request to the Director of the Budget. - The Board shall submit a budget request to the Director of the Budget in accordance with G.S. 143C-3-3. In addition to the information requested by the Director of the Budget, the Board shall provide an analysis relating each of its requests for expansion funds to anticipated improvements in student performance. Repealed by Session Laws 1985 (Regular Session, 1986), c. 975, s. 24. , (4) Repealed by Session Laws 1987 (Regular Session, 1988), c. 1025, s. 1. To certify and regulate the grade and salary of teachers and other school employees. To adopt and supply textbooks. Repealed by Session Laws 2017-126, s. 11, effective July 20, 2017. The State Board shall award, in accordance with G.S. 115C-83.15, an overall numerical school achievement, growth, and performance score on a scale of zero to 100 and a corresponding performance letter grade of A, B, C, D, or F earned by each school within the local school administrative unit. The school performance score and grade shall reflect student performance on annual subject-specific assessments, college and workplace readiness measures, graduation rates, and student progress in achieving English language proficiency. In addition, the State Board shall award separate performance scores and grades for the following: School performance of certain subgroups of students as provided in G.S. 115C-83.15. For schools serving students in any grade from kindergarten to eighth grade, school performance in reading and mathematics respectively. For schools serving students in third grade, the number and percentage of third grade students who (i) take and pass the alternative assessment of reading comprehension; (ii) were retained in third grade for not demonstrating reading proficiency as indicated in G.S. 115C-83.7(a); and (iii) were exempt from mandatory third grade retention by category of exemption as listed in G.S. 115C-83.7(b). For high schools, measures of Advanced Placement course participation, Cambridge Advanced International Certificate of Education (AICE) Program participation, and International Baccalaureate Diploma Programme participation and Advanced Placement, Cambridge AICE, and International Baccalaureate examination participation and performance. For schools serving any students in ninth through twelfth grade, the percentage of students who achieved the minimum score required for admission into a constituent institution of The University of North Carolina on a nationally normed test of college readiness. For schools serving any students in ninth through twelfth grade, the percentage of students enrolled in Career and Technical Education courses who score at Silver, Gold, or Platinum levels on a nationally normed test of workplace readiness. To formulate rules and regulations for the enforcement of the compulsory attendance law. Repealed by Session Laws 2019-176, s. 3(d), effective July 1, 2020. , (9b) Repealed by Session Laws 2005-458, s. 1, effective October 2, 2005. Power to Develop Content Standards. - The Board shall develop a comprehensive plan to revise content standards and the standard course of study in the core academic areas of reading, writing, mathematics, science, history, geography, and civics. The Board shall involve and survey a representative sample of parents, teachers, and the public to help determine academic content standard priorities and usefulness of the content standards. A full review of available and relevant academic content standards that are rigorous, specific, sequenced, clear, focused, and measurable, whenever possible, shall be a part of the process of the development of content standards. The revised content standards developed in the core academic areas shall (i) reflect high expectations for students and an in-depth mastery of the content; (ii) be clearly grounded in the content of each academic area; (iii) be defined grade-by-grade and course-by-course; (iv) be understandable to parents and teachers; (v) be developed in full recognition of the time available to teach the core academic areas at each grade level; and (vi) be measurable, whenever possible, in a reliable, valid, and efficient manner for accountability purposes. High school course content standards shall include the knowledge and skills necessary to pursue further postsecondary education or to attain employment in the 21st century economy. The high school course content standards also shall be aligned with the minimum undergraduate course requirements for admission to the constituent institutions of The University of North Carolina. The Board also shall develop and implement an ongoing process to align State programs and support materials with the revised academic content standards for each core academic area on a regular basis. Alignment shall include revising textbook criteria, support materials, State tests, teacher and school administrator preparation, and ongoing professional development programs to be compatible with content standards. The Board shall develop and make available to teachers and parents support materials, including teacher and parent guides, for academic content standards. The State Board of Education shall work in collaboration with the Board of Governors of The University of North Carolina to ensure that teacher and school administrator degree programs, ongoing professional development, and other university activity in the State's public schools align with the State Board's priorities. Power to Develop Exit Standards and Graduation Requirements. - The Board may develop exit standards that shall be required for high school graduation. The Board shall require the following for high school graduation: Successful completion of instruction in cardiopulmonary resuscitation as provided in G.S. 115C-81.25(c)(10). A passing grade in the semester course on the Founding Principles of the United States of America and the State of North Carolina described in G.S. 115C-81.45(d)(1). The following restrictions apply to the Board regarding Algebra I and high school graduation projects: The Board shall not adopt or enforce any rule that requires Algebra I as a graduation standard or as a requirement for a high school diploma for any student whose individualized education program (i) identifies the student as learning disabled in the area of mathematics and (ii) states that this learning disability will prevent the student from mastering Algebra I. The Board shall not require any student to prepare a high school graduation project as a condition of graduation from high school; local boards of education may, however, require their students to complete a high school graduation as provided in G.S. 115C-47(54a). Salary schedules for other support personnel, including but not limited to maintenance and school food service personnel, shall be adopted by the State Board of Education. The Board shall classify these support positions in terms of uniform pay grades included in the salary schedule of the State Human Resources Commission. These schedules shall apply if the local board of education does not adopt a salary schedule of its own for personnel paid from other than State appropriations. The State Board of Education shall modify the Uniform Education Reporting System to provide clear, accurate, and standard information on the use of funds at the unit and school level. The plan shall provide information that will enable the General Assembly to determine State, local, and federal expenditures for personnel at the unit and school level. The plan also shall allow the tracking of expenditures for textbooks, educational supplies and equipment, capital outlay, at-risk students, and other purposes. When practicable, reporting requirements developed by the State Board of Education as part of the Uniform Education Reporting System under this subdivision shall be incorporated into the PowerSchool application or any other component of the Instructional Improvement System to minimize duplicative reporting by local school administrative units. The State Board of Education shall develop a process for local school administrative units to annually identify enrolled military-connected students using the Uniform Education Reporting System. The identification of military-connected students shall not be used for the purposes of determining school achievement, growth, and performance scores as required by G.S. 115C-12(9)c1. The identification of military-connected students is not a public record within the meaning of G.S. 132-1 and shall not be made public by any person, except as permitted under the provisions of the Family Educational and Privacy Rights Act of 1974, 20 U.S.C. § 1232g. For purposes of this section, a "military-connected student" means a student enrolled in a local school administrative unit who has a parent, step-parent, sibling, or any other person who resides in the same household serving in the active or reserve components of the Army, Navy, Air Force, Marine Corps, Coast Guard, or National Guard. Beginning in the 2016-2017 school year, and annually thereafter, the identification of military-connected students for all local school administrative units shall be completed by January 31 of each school year. [Development of Goals and Annual Report on Improvement in Graduation Rate.] Prior to the 2010-2011 school year, the State Board of Education shall: Develop a growth model establishing annual goals for continuous and substantial improvement in the four-year cohort graduation rate by local school administrative units. Establish as a short-term goal that local school administrative units meet the annual growth model goals for improvement in the four-year cohort graduation rate beginning with the graduating class of 2011 and continuing annually thereafter. Establish as long-term minimum goals statewide four-year cohort graduation rates of seventy-four percent (74%) by 2014; eighty percent (80%) by 2016; and ninety percent (90%) by 2018. Establish as a long-term goal with benchmarks and recommendations to reach a statewide four-year cohort graduation rate of one hundred percent (100%). Repealed by Session Laws 2012-142, s. 7.13(d), effective July 1, 2012. Reducing School Dropout Rates. - The State Board of Education shall develop a statewide plan to improve the State's tracking of dropout data so that accurate and useful comparisons can be made over time. The plan shall include, at a minimum, how dropouts are counted and the methodology for calculating the dropout rate, the ability to track students movements among schools and districts, and the ability to provide information on who drops out and why. To define what is equivalent to a high school diploma for the purposes of G.S. 20-11 and G.S. 20-13.2. These rules shall apply to all educational programs offered in the State by public schools, charter schools, nonpublic schools, or community colleges. To establish the procedures a person who is or was enrolled in a public school or in a charter school must follow and the requirements that person shall meet to obtain a driving eligibility certificate. To require the person who is required under G.S. 20-11(n) to sign the driving eligibility certificate to provide the certificate if he or she determines that one of the following requirements is met: The person seeking the certificate is eligible for the certificate under G.S. 20-11(n)(1) and is not subject to G.S. 20-11(n1). The person seeking the certificate is eligible for the certificate under G.S. 20-11(n)(1) and G.S. 20-11(n1). To provide for an appeal to an appropriate education authority by a person who is denied a driving eligibility certificate. These rules shall apply to public schools and charter schools. To define exemplary student behavior and to define what constitutes the successful completion of a drug or alcohol treatment counseling program. These rules shall apply to public schools and charter schools. Duty to Assist Schools in Meeting Adequate Yearly Progress. - The State Board of Education shall: Identify which schools are meeting adequate yearly progress with subgroups as specified in the No Child Left Behind Act of 2001; Study the instructional, administrative, and fiscal practices and policies employed by the schools selected by the State Board of Education that are meeting adequate yearly progress specified in the No Child Left Behind Act of 2001; Create assistance models for each subgroup based on the practices and policies used in schools that are meeting adequate yearly progress. The schools of education at the constituent institutions of The University of North Carolina, in collaboration with the University of North Carolina Center for School Leadership Development, shall assist the State Board of Education in developing these models; and Offer technical assistance based on these assistance models to local school administrative units not meeting adequate yearly progress, giving priority to those local school administrative units with high concentrations of schools that are not meeting adequate yearly progress. The State Board of Education shall determine the number of local school administrative units that can be served effectively in the first two years. This technical assistance shall include peer assistance and professional development by teachers, support personnel, and administrators in schools with subgroups that are meeting adequate yearly progress. Duty to Develop Recommended Programs for Use in Schools During Veterans' History Awareness Month. - The State Board of Education shall develop recommended programs in collaboration with active military installations, veterans, and veterans service organizations that enable students to gain a better understanding of the meaning and importance of the contributions of American veterans and, in particular, veterans from North Carolina. Recommended programs may be integrated into lesson plans and may include veteran participation and veteran sponsorship in the form of an Adopt-A-Veteran program. All schools are encouraged to collaborate with veterans and veteran service organizations during Veterans' History Awareness Month to designate time for appropriate commemorative activities. Develop guidelines for sealing existing arsenic-treated wood in playground equipment or establish a time line for removing existing arsenic-treated wood on playgrounds and testing the soil on school grounds for contamination caused by the leaching of arsenic-treated wood in other areas where children may be at particularly high risk of exposure. Establish guidelines to reduce students' exposure to diesel emissions that can occur as a result of unnecessary school bus idling, nose-to-tail parking, and inefficient route assignments. Study methods for mold and mildew prevention and mitigation and incorporate recommendations into the public school facilities guidelines as needed. Establish guidelines for Integrated Pest Management consistent with the policy of The North Carolina School Boards Association, Inc., as published in 2004. These guidelines may be updated as needed to reflect changes in technology. Establish guidelines for notification of students' parents, guardians, or custodians as well as school staff of pesticide use on school grounds. (5) Apportionment of Funds. - The Board shall have authority to apportion and equalize over the State all State school funds and all federal funds granted to the State for assistance to educational programs administered within or sponsored by the public school system of the State. (6) Power to Demand Refund for Inaccurate Apportionment Due to False Attendance Records. - When it shall be found by the State Board of Education that inaccurate attendance records have been filed with the State Board of Education which resulted in an excess allotment of funds for teacher salaries in any school unit in any school year, the school unit concerned may be required to refund to the State Board the amount allotted to said unit in excess of the amount an accurate attendance record would have justified. (7) Power to Alter the Boundaries of City School Administrative Units and to Approve Agreements for the Consolidation and Merger of School Administrative Units Located in the Same County. - The Board shall have authority, in its discretion, to alter the boundaries of city school administrative units and to approve agreements submitted by county and city boards of education requesting the merger of two or more contiguous city school administrative units and the merger of city school administrative units with county school administrative units and the consolidation of all the public schools in the respective units under the administration of one board of education: Provided, that such merger of units and reorganization of school units shall not have the effect of abolishing any special taxes that may have been voted in any such units. (8) Power to Make Provisions for Sick Leave and for Substitute Teachers. - The Board shall provide for sick leave with pay for all public school employees in accordance with the provisions of this Chapter and shall promulgate rules and regulations providing for necessary substitutes on account of sick leave and other teacher absences. The minimum pay for a substitute teacher who holds a teaching certificate shall be sixty-five percent (65%) of the daily pay rate of an entry-level teacher with an "A" certificate. The minimum pay for a substitute teacher who does not hold a teaching certificate shall be fifty percent (50%) of the daily pay rate of an entry-level teacher with an "A" certificate. The pay for noncertified substitutes shall not exceed the pay of certified substitutes. Local boards may use State funds allocated for substitute teachers to hire full-time substitute teachers. If a teacher assistant acts as a substitute teacher, the salary of the teacher assistant for the day shall be the same as the daily salary of an entry-level teacher with an "A" certificate. (9) Miscellaneous Powers and Duties. - All the powers and duties exercised by the State Board of Education shall be in conformity with the Constitution and subject to such laws as may be enacted from time to time by the General Assembly. Among such duties are: c1. To issue an annual "report card" for the State and for each local school administrative unit, assessing each unit's efforts to improve student performance based on the growth in performance of the students in each school and taking into account progress over the previous years' level of performance and the State's performance in comparison with other states. This assessment shall take into account factors that have been shown to affect student performance and that the State Board considers relevant to assess the State's efforts to improve student performance. The annual "report card" for each local school administrative unit shall include the following: c2. Repealed by Session Laws 1995 (Regular Session, 1996), c. 716, s. 1. c3. To develop a system of school building improvement reports for each school building. The purpose of school building improvement reports is to measure improvement in the growth in student performance at each school building from year to year, not to compare school buildings. The Board shall include in the building reports any factors shown to affect student performance that the Board considers relevant to assess a school's efforts to improve student performance. Local school administrative units shall produce and make public their school building improvement reports by March 15, 1997, for the 1995-96 school year, by October 15, 1997, for the 1996-97 school year, and annually thereafter. Each report shall be based on building-level data for the prior school year. c4. To develop guidelines, procedures, and rules to establish, implement, and enforce the School-Based Management and Accountability Program under Article 8B of this Chapter in order to improve student performance, increase local flexibility and control, and promote economy and efficiency. (10) Power to Provide for Programs or Projects in the Cultural and Fine Arts Areas. - The Board is authorized and empowered, in its discretion, to make provisions for special programs or projects of a cultural and fine arts nature for the enrichment and strengthening of educational opportunities for the children of the State. For this purpose, the Board may use funds received from gifts or grants and, with the approval of the Director of the Budget, may use State funds which the Board may find available in any budget administered by the Board. (11) Power to Conduct Education Research. - The Board is authorized to sponsor or conduct education research and special school projects considered important by the Board for improving the public schools of the State. Such research or projects may be conducted during the summer months and involve one or more local school units as the Board may determine. The Board may use any available funds for such purposes. (12) Duty to Provide for Sports Medicine and Emergency Paramedical Program. - The State Board of Education is authorized and directed to develop a comprehensive plan to train and make available to the public schools personnel who shall have major responsibility for exercising preventive measures against sports related deaths and injuries and for providing sports medicine and emergency paramedical services for injuries that occur in school related activities. The plan shall include, but is not limited to, the training, assignment of responsibilities, and appropriate additional reimbursement for individuals participating in the program. The State Board of Education is authorized and directed to develop an implementation schedule and a program funding formula that will enable each high school to have a qualified sports medicine and emergency paramedical program by July 1, 1984. The State Board of Education is authorized and directed to establish minimum educational standards necessary to enable individuals serving as sports medicine and emergency paramedical staff to provide such services, including first aid and emergency life saving skills, to students participating in school activities. (13) Power to Purchase Liability Insurance. - The Board is authorized to purchase insurance to protect board members from liability incurred in the exercise of their duty as members of the Board. (14) Duty to Provide Personnel Information to Local Boards. - Upon request, the State Board of Education and the Department of Public Instruction shall furnish to any county or city board of education any and all available personnel information relating to certification, evaluation and qualification including, but not limited to, semester hours or quarterly hours completed, graduate work, grades, scores, etc., that are on that date in the files of the State Board of Education or Department of Public Instruction. (15) Duty to Develop Noncertified Personnel Position Evaluation Descriptions. - The Board is authorized and directed to develop position evaluation descriptions covering those positions in local school administrative units for which certification by the State Board of Education is not normally a prerequisite. The position evaluation descriptions required in this subdivision are to be used by local boards of education as the basis for assignment of noncertified employees to an appropriate pay grade in accordance with salary grades and ranges adopted by the State Board of Education. No appropriations are required by this subdivision. (16) Power with Regard to Salary Schedules. - The Board shall provide for sick leave with pay for all public school employees in accordance with the provisions of this Chapter and shall promulgate rules and regulations providing for necessary substitutes on account of sick leave and other teacher absences. a. Support personnel refers to all public school employees who are not required by statute or regulation to be certified in order to be employed. The State Board of Education is authorized and empowered to adopt all necessary rules for full implementation of all schedules to the extent that State funds are made available for support personnel. b. Salary schedules for the following public school support personnel shall be adopted by the State Board of Education: school finance officer, office support personnel, teacher assistants, maintenance supervisors, custodial personnel, and transportation personnel. The Board shall classify these support positions in terms of uniform pay grades included in the salary schedule of the State Human Resources Commission. By the end of the third payroll period of the 1995-96 fiscal year, local boards of education shall place State-allotted office support personnel, teacher assistants, and custodial personnel on the salary schedule adopted by the State Board of Education so that the average salary paid is the State-allotted amount for the category. In placing employees on the salary schedule, the local board shall consider the education, training, and experience of each employee, including experience in other local school administrative units. It is the intent of the General Assembly that a local school administrative unit not fail to employ an employee who was employed for the prior school year in order to implement the provisions of this sub-subdivision. A local board of education is in compliance with this sub-subdivision if the average salary paid is at least ninety-five percent (95%) of the State-allotted amount for the category at the end of the third payroll period of the 1995-96 fiscal year, and at least ninety-eight percent (98%) of the State-allotted amount for the category at the end of the third payroll period of each subsequent fiscal year. The Department of Public Instruction shall provide technical assistance to local school administrative units regarding the implementation of this sub-subdivision. (17) Power to Provide for School Transportation Programs. - The State Board of Education is authorized and empowered to promulgate such policies, rules, and regulations as it may deem necessary and desirable for the operation of a public school transportation system by each local administrative unit in the State. Such policies, rules, and regulations shall include, but are not limited to, fund allocations and fiscal support to assure the effective and efficient use of funds appropriated by the General Assembly in support of the school transportation system. Nothing herein shall be construed to affect in any way or to lessen in any way the full and complete authority of local boards of education to assign pupils to schools in accordance with G.S. 115C-366 . (18) Duty to Develop and Implement a Uniform Education Reporting System, Which Shall Include Standards and Procedures for Collecting Fiscal and Personnel Information. - a. The State Board of Education shall adopt standards and procedures for local school administrative units to provide timely, accurate, and complete fiscal and personnel information, including payroll information, on all school personnel. b. The State Board of Education shall develop and implement a Uniform Education Reporting System that shall include requirements for collecting, processing, and reporting fiscal, personnel, and student data, by means of electronic transfer of data files from local computers to the State Computer Center through the State Communications Network. c. The State Board of Education shall comply with the provisions of G.S. 116-11 (10a) to plan and implement an exchange of information between the public schools and the institutions of higher education in the State. The State Board of Education shall require local boards of education to provide to the parents of children at a school all information except for confidential information received about that school from institutions of higher education pursuant to G.S. 116-11 (10a) and to make that information available to the general public. (19) Duty to Identify Required Reports and to Eliminate Unnecessary Reports and Paperwork. - Prior to the beginning of each school year, the State Board of Education shall identify all reports that are required at the State level for the school year. The State Board of Education shall adopt policies to ensure that local school administrative units are not required by the State Board of Education, the State Superintendent, or the Department of Public Instruction staff to (i) provide information that is already available on the student information management system or housed within the Department of Public Instruction; (ii) provide the same written information more than once during a school year unless the information has changed during the ensuing period; (iii) complete forms, for children with disabilities, that are not necessary to ensure compliance with the federal Individuals with Disabilities Education Act (IDEA); or (iv) provide information that is unnecessary to comply with State or federal law and not relevant to student outcomes and the efficient operation of the public schools. Notwithstanding the foregoing, the State Board may require information available on its student information management system or require the same information twice if the State Board can demonstrate a compelling need and can demonstrate there is not a more expeditious manner of getting the information. The State Board shall permit schools and local school administrative units to submit all reports to the Department of Public Instruction electronically. The State Board of Education, in collaboration with the education roundtables within the Department of Public Instruction, shall consolidate all plans that affect the school community, including school improvement plans. The consolidated plan shall be posted on each school's Web site for easy access by the public and by school personnel. (20) Duty to Report Appointment of Caretaker Administrators and Boards. - Pursuant to G.S. 120-30.9G the State Board of Education shall submit to the Attorney General of the United States within 30 days any rules, policies, procedures, or actions taken pursuant to G.S. 115C-64.4 which could result in the appointment of a caretaker administrator or board to perform any of the powers and duties of a local board of education where that school administrative unit is covered by the Voting Rights Act of 1965. (21) Duty to Monitor Acts of School Violence. - The State Board of Education shall monitor and compile an annual report on acts of violence in the public schools. The State Board shall adopt standard definitions for acts of school violence and shall require local boards of education to report them to the State Board in a standard format adopted by the State Board. The State Board shall submit its report on acts of violence in the public schools to the Joint Legislative Education Oversight Committee by March 15 of each year. (22) Duty to Monitor the State of the Teaching Profession in North Carolina. - The State Board of Education shall monitor and compile an annual report on the state of the teaching profession in North Carolina that includes data on the decisions of teachers to leave the teaching profession and data on teaching positions that local boards of education are unable to fill, as provided in G.S. 115C-299.5 . (23) Power to Adopt Eligibility Rules for Interscholastic Athletic Competition. - The State Board of Education shall adopt rules governing interscholastic athletic activities conducted by local boards of education, including eligibility for student participation. With regard to middle schools and high schools, the rules shall provide for the following: a. All coaches, school nurses, athletic directors, first responders, volunteers, students who participate in interscholastic athletic activities, and the parents of those students shall receive, on an annual basis, a concussion and head injury information sheet. School employees, first responders, volunteers, and students must sign the sheet and return it to the coach before they can participate in interscholastic athletic activities, including tryouts, practices, or competition. Parents must sign the sheet and return it to the coach before their children can participate in any such interscholastic athletic activities. The signed sheets shall be maintained in accordance with sub-subdivision d. of this subdivision. For the purpose of this subdivision, a concussion is a traumatic brain injury caused by a direct or indirect impact to the head that results in disruption of normal brain function, which may or may not result in loss of consciousness. b. If a student participating in an interscholastic athletic activity exhibits signs or symptoms consistent with concussion, the student shall be removed from the activity at that time and shall not be allowed to return to play or practice that day. The student shall not return to play or practice on a subsequent day until the student is evaluated by and receives written clearance for such participation from (i) a physician licensed under Article 1 of Chapter 90 of the General Statutes with training in concussion management, (ii) a neuropsychologist licensed under Article 18A of Chapter 90 of the General Statutes with training in concussion management and working in consultation with a physician licensed under Article 1 of Chapter 90 of the General Statutes, (iii) an athletic trainer licensed under Article 34 of Chapter 90 of the General Statutes, (iv) a physician assistant, consistent with the limitations of G.S. 90-18.1 , or (v) a nurse practitioner, consistent with the limitations of G.S. 90-18.2 . c. Each school shall develop a venue specific emergency action plan to deal with serious injuries and acute medical conditions in which the condition of the patient may deteriorate rapidly. The plan shall include a delineation of roles, methods of communication, available emergency equipment, and access to and plan for emergency transport. This plan must be (i) in writing, (ii) reviewed by an athletic trainer licensed in North Carolina, (iii) approved by the principal of the school, (iv) distributed to all appropriate personnel, (v) posted conspicuously at all venues, and (vi) reviewed and rehearsed annually by all licensed athletic trainers, first responders, coaches, school nurses, athletic directors, and volunteers for interscholastic athletic activities. d. Each school shall maintain complete and accurate records of its compliance with the requirements of this subdivision pertaining to head injuries. The State Board of Education may authorize a designated organization to apply and enforce the Board's rules governing participation in interscholastic athletic activities at the high school level. (24) Duty to Develop Standards for Alternative Learning Programs, Provide Technical Assistance on Implementation of Programs, and Evaluate Programs. - The State Board of Education shall adopt standards for assigning students to alternative learning programs. These standards shall include (i) a description of the programs and services that are recommended to be provided in alternative learning programs and (ii) a process for ensuring that an assignment is appropriate for the student and that the student's parents are involved in the decision. The State Board also shall adopt policies that define what constitutes an alternative school and an alternative learning program. The State Board of Education shall also adopt standards to require that local school administrative units shall use (i) the teachers allocated for students assigned to alternative learning programs pursuant to the regular teacher allotment and (ii) the teachers allocated for students assigned to alternative learning programs only to serve the needs of these students. The State Board of Education shall provide technical support to local school administrative units to assist them in developing and implementing plans and proposals for alternative learning programs. The State Board shall evaluate the effectiveness of alternative learning programs and, in its discretion, of any other programs funded from the Alternative Schools/At-Risk Student allotment. Local school administrative units shall report to the State Board of Education on how funds in the Alternative Schools/At-Risk Student allotment are spent and shall otherwise cooperate with the State Board of Education in evaluating the alternative learning programs. As part of its evaluation of the effectiveness of these programs, the State Board shall, through the application of the accountability system developed under G.S. 115C-83.15 and G.S. 115C-105.35 , measure the educational performance and growth of students placed in alternative schools and alternative programs. If appropriate, the Board may modify this system to adapt to the specific characteristics of these schools. Also as part of its evaluation, the State Board shall evaluate its standards adopted under this subdivision and make any necessary changes to those standards based on strategies that have been proven successful in improving student achievement and shall report to the Joint Legislative Education Oversight Committee by April 15, 2006 to determine if any changes are necessary to improve the implementation of successful alternative learning programs and alternative schools. (25) Duty to Report to Joint Legislative Education Oversight Committee. - Upon the request of the Joint Legislative Education Oversight Committee, the State Board shall examine and evaluate issues, programs, policies, and fiscal information, and shall make reports to that Committee. Furthermore, by November 15 of each year, the State Board shall submit reports to that Committee regarding schools identified as low-performing, school improvement plans found to significantly improve student performance, personnel actions taken in low-performing schools, and recommendations for additional legislation to improve student performance and increase local flexibility. The State Board of Education shall report to the Joint Legislative Education Oversight Committee by November 15, 2010, and annually thereafter on the goals, benchmarks, and recommendations described in this section. Such goals, benchmarks, and recommendations shall appropriately differentiate for students with disabilities and other specially identified subcategories within each four-year cohort. The report shall include goals and benchmarks by local school administrative unit, the strategies and recommendations for achieving the goals and benchmarks, any evidence or data supporting the strategies and recommendations, and the identity of the persons employed by the State Board of Education who are responsible for oversight of local school administrative units in achieving the goals and benchmarks. (26) Repealed by Session Laws 2012-142, s. 7.13(f), effective July 1, 2012. (27) Reporting Dropout Rates, Corporal Punishment, Suspensions, Expulsions, and Alternative Placements. - The State Board shall report by March 15 of each year to the Joint Legislative Education Oversight Committee on the numbers of students who have dropped out of school, been subjected to corporal punishment, been suspended, been expelled, been reassigned for disciplinary purposes, or been provided alternative education services. The data shall be reported in a disaggregated manner, reflecting the local school administrative unit, race, gender, grade level, ethnicity, and disability status of each affected student. Such data shall be readily available to the public. The State Board shall not include students that have been expelled from school when calculating the dropout rate. The Board shall maintain a separate record of the number of students who are expelled from school and the reasons for the expulsion. (28) Duty to Develop Rules for Issuance of Driving Eligibility Certificates. - The State Board of Education shall adopt the following rules to assist schools in their administration of procedures necessary to implement G.S. 20-11 and G.S. 20-13.2 : These rules shall apply to public schools and charter schools. The State Board also shall develop policies as to when it is appropriate to notify the Division of Motor Vehicles that a person who is or was enrolled in a public school or in a charter school no longer meets the requirements for a driving eligibility certificate. The State Board shall develop a form for parents, guardians, or emancipated juveniles, as appropriate, to provide their written, irrevocable consent for a school to disclose to the Division of Motor Vehicles that the student no longer meets the conditions for a driving eligibility certificate under G.S. 20-11 (n)(1) or G.S. 20-11 (n1), if applicable, in the event that this disclosure is necessary to comply with G.S. 20-11 or G.S. 20-13.2 . Other than identifying under which statutory subsection the student is no longer eligible, no other details or information concerning the student's school record shall be released pursuant to this consent. This form shall be used for students enrolled in public schools or charter schools. The State Board of Education may use funds appropriated for drivers education to cover the costs of driving eligibility certificates. (29) To Issue Special High School Diplomas to Veterans of World War II, Korea, and Vietnam. - The State Board of Education shall issue special high school diplomas to all honorably discharged veterans of World War II, the Korean Conflict, and the Vietnam era who request special diplomas and have not previously received high school diplomas. (30) Duty to Adopt Model Guidelines and Policies for the Establishment of Local Task Forces on Closing the Academic Achievement Gap. - The State Board shall adopt a Model for local school administrative units to use as a guideline to establish local task forces on closing the academic achievement gap at the discretion of the local board. The purpose of each task force is to advise and work with its local board of education and administration on closing the gap in academic achievement and on developing a collaborative plan for achieving that goal. The State Board shall consider the recommendations of the Commission on Improving the Academic Achievement of Minority and At-Risk Students to the 2001 Session of the General Assembly in establishing its guidelines. (31) To Adopt Guidelines for Individual Diabetes Care Plans. - The State Board shall adopt guidelines for the development and implementation of individual diabetes care plans. The State Board shall consult with the North Carolina Diabetes Advisory Council established by the Department of Health and Human Services in the development of these guidelines. The State Board also shall consult with local school administrative unit employees who have been designated as responsible for coordinating their individual unit's efforts to comply with federal regulations adopted under Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794. In its development of these guidelines, the State Board shall refer to the guidelines recommended by the American Diabetes Association for the management of children with diabetes in the school and day care setting and shall consider recent resolutions by the United States Department of Education's Office of Civil Rights of investigations into complaints alleging discrimination against students with diabetes. The guidelines adopted by the State Board shall include: a. Procedures for the development of an individual diabetes care plan at the written request of the student's parent or guardian, and involving the parent or guardian, the student's health care provider, the student's classroom teacher, the student if appropriate, the school nurse if available, and other appropriate school personnel. b. Procedures for regular review of an individual care plan. c. Information to be included in a diabetes care plan, including the responsibilities and appropriate staff development for teachers and other school personnel, an emergency care plan, the identification of allowable actions to be taken, the extent to which the student is able to participate in the student's diabetes care and management, and other information necessary for teachers and other school personnel in order to offer appropriate assistance and support to the student. The State Board shall ensure that the information and allowable actions included in a diabetes care plan as required in this subdivision meet or exceed the American Diabetes Association's recommendations for the management of children with diabetes in the school and day care setting. d. Information and staff development to be made available to teachers and other school personnel in order to appropriately support and assist students with diabetes. The State Board shall ensure that these guidelines are updated as necessary and shall ensure that the guidelines and any subsequent changes are published and disseminated to local school administrative units. (32) Duty to Encourage Early Entry of Motivated Students into Four-Year College Programs. - The State Board of Education, in cooperation with the Education Cabinet, shall work with local school administrative units, the constituent institutions of The University of North Carolina, local community colleges, and private colleges and universities to (i) encourage early entry of motivated students into four-year college programs and to (ii) ensure that there are opportunities at four-year institutions for academically talented high school students to get an early start on college coursework, either at nearby institutions or through distance learning. The State Board of Education shall also adopt policies directing school guidance counselors to make ninth grade students aware of the potential to complete the high school courses required for college entry in a three-year period. (33) Duty to Develop Recommended Programs for Use in Schools on Memorial Day. - The State Board of Education shall develop recommended instructional programs that enable students to gain a better understanding of the meaning and importance of Memorial Day. All schools, especially schools that hold school on Memorial Day, shall instruct students on the significance of Memorial Day. (34) Duty to Protect the Health of School-Age Children From Toxicants at School. - The State Board shall address public health and environmental issues in the classroom and on school grounds by doing all of the following: (35) To Encourage Local Boards of Education to Enter into Agreements Regarding the Joint Use of Facilities for Physical Activity. - The State Board of Education shall encourage local boards of education to enter into agreements with local governments and other entities regarding the joint use of their facilities for physical activity. The agreements should delineate opportunities, guidelines, and the roles and responsibilities of the parties, including responsibilities for maintenance and liability. (36) Duty to Charge Tuition for the Governor's School of North Carolina. - The State Board of Education may implement a tuition charge for students attending the Governor's School of North Carolina to cover the costs of the School. (37) To Adopt Guidelines for Fitness Testing. - The State Board of Education shall adopt guidelines for the development and implementation of evidence-based fitness testing for students statewide in grades kindergarten through eight. (38) Repealed by Session Laws 2012-194, s. 55(a), effective July 17, 2012. (39) Power to Accredit Schools. - Upon the request of a local board of education, the State Board of Education shall evaluate schools in local school administrative units to determine whether the education provided by those schools meets acceptable levels of quality. The State Board shall adopt rigorous and appropriate academic standards for accreditation after consideration of (i) the standards of regional and national accrediting agencies, (ii) the academic standards adopted in accordance with subdivision (9c) of this section, and (iii) other information it deems appropriate. The local school administrative unit shall compensate the State Board for the actual costs of the accreditation process. (40) (For applicability, see Editor's note) To Establish High School Diploma Endorsements. - The State Board of Education shall establish, implement, and determine the impact of adding (i) college, (ii) career, and (iii) college and career endorsements to high school diplomas to encourage students to obtain requisite job skills necessary for students to be successful in a wide range of high-quality careers and to reduce the need for remedial education in institutions of higher education. These endorsements shall reflect courses completed, overall grade point average, reading achievement, and other criteria as developed by the State Board of Education. A student shall only receive a high school diploma endorsement if that student receives on a nationally norm-referenced college admissions test for reading, either administered under G.S. 115C-174.11(c)(4) or as an alternative nationally norm-referenced college admissions test approved by the State Board, at least the benchmark score established by the testing organization that represents the level of achievement required for students to have approximately a fifty percent (50%) chance of obtaining a grade B or higher or a seventy-five percent (75%) chance of obtaining a grade C or higher in a corresponding credit-bearing, first-year college course. A student may retake a nationally norm-referenced test as many times as necessary to achieve the required benchmark score for reading in order to receive a high school diploma endorsement prior to the student's graduation. The State Board of Education shall report annually to the Joint Legislative Education Oversight Committee on high school diploma endorsements in accordance with G.S. 115C-156.2 . (41) To Establish Career and Technical Education Incentives. - The State Board of Education shall establish, implement, and determine the impact of a career and technical education incentive program as provided under G.S. 115C-156.2 . (42) To notify the General Assembly of federal grant applications. - The State Board of Education shall provide written notification to the General Assembly in accordance with G.S. 120-29.5 and to the Fiscal Research Division of its intent to apply for any federal grant prior to submitting the grant application. The notice shall include details about the grant and a brief summary of any anticipated policy implications of accepting the grant. (43) To Ensure that Local Boards of Education Implement Injury Prevention and Return-to-Work Programs. - The State Board of Education shall develop policies and procedures to ensure that local boards of education implement and comply with loss prevention and return-to-work programs based on models adopted by the State Board. These models shall be designed to reduce the number of injuries resulting in workers' compensation claims and ensure injured employees with workers' compensation claims return to work in accordance with current State Board of Education policy. (44) Duty to Ensure Educational Services in Private Psychiatric Residential Treatment Facilities (PRTFs). - The Board, in collaboration with the Department of Health and Human Services, shall ensure that educational services are provided to all students in PRTFs as required under Part 4 of Article 6 of Chapter 122C of the General Statutes. The Board shall ensure that a child with a disability as defined under G.S. 115C-106.3(1) in a PRTF receives educational services and procedural safeguards as provided in Article 9 of this Chapter. (45) To provide notification of student and parent surveys. - The State Board of Education shall provide written notification to the General Assembly in accordance with G.S. 120-29.5 of its intent to conduct any mandatory student or parent surveys in individual local school administrative units or on a statewide basis, including a copy of the proposed survey. The Department of Public Instruction shall also notify a superintendent of any plan to conduct a student or parent survey in the local school administrative unit. The superintendent shall be given a reasonable amount of time following notification to contact the Department with feedback on the survey prior to the survey being conducted in the local school administrative unit. (46) Duty Regarding Anonymous Safety Tip Line Application. - The State Board of Education shall use the anonymous safety tip line application developed pursuant to G.S. 115C-105.51(b) for all public secondary schools serving students in grades six or higher operated under the control of the State Board of Education. History (1955, c. 1372, art. 2, s. 2; art. 17, s. 6; art. 18, s. 2; 1957, c. 541, s. 11; 1959, c. 1294; 1961, c. 969; 1963, c. 448, ss. 24, 27; c. 688, ss. 1, 2; c. 1223, s. 1; 1965, c. 584, s. 20.1; c. 1185, s. 2; 1967, c. 643, s. 1; 1969, c. 517, s. 1; 1971, c. 704, s. 4; c. 745; 1973, c. 236; c. 476, s. 138; c. 675; 1975, c. 686, s. 1; c. 699, s. 2; c. 975; 1979, c. 300, s. 1; c. 935; c. 986; 1981, c. 423, s. 1; 1983, c. 630, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 16; 1985, c. 479, s. 55(c)(3); c. 757, s. 145(a); 1985 (Reg. Sess., 1986), c. 975, s. 24; 1987, c. 414, s. 1; 1987 (Reg. Sess., 1988), c. 1025, ss. 1, 3; 1989, c. 585, s. 1; c. 752, s. 65(c); c. 778, s. 6; 1991, c. 529, s. 3; c. 689, s. 196(b); 1991 (Reg. Sess., 1992), c. 880, s. 3; c. 900, s. 75.1(e); 1993, c. 321, ss. 125, 133(a), 139(b); 1993 (Reg. Sess., 1994), c. 769, ss. 19(a), 19.9; 1995, c. 60, s. 1; c. 324, s. 17.15(a); c. 450, s. 4; c. 509, s. 59; 1995 (Reg. Sess., 1996), c. 716, s. 1; 1996, 2nd Ex. Sess., c. 18, ss. 18.4, 18.28(a); 1997-18, s. 15(a), (c)-(e); 1997-221, s. 12(a); 1997-239, s. 1; 1997-443, s. 8.27(a), (e); 1997-443, s. 8.29(o), (u); 1997-507, s. 3; 1998-153, s. 16(b); 1998-212, ss. 9.16(a), 9.23; 1999-237, s. 8.25(d); 1999-243, s. 5; 1999-397, s. 3; 2001-86, s. 1; 2001-151, s. 1; 2001-424, ss. 28.30(e), (f), 31.4(a); 2002-103, s. 1; 2002-126, s. 7.15; 2002-159, s. 63; 2002-178, s. 1(a); 2003-251, s. 1; 2003-419, s. 1; 2005-155, s. 1; 2005-276, ss. 7.18, 9.34(a); 2005-446, s. 1; 2005-458, ss. 1, 2; 2006-75, s. 1; 2006-143, s. 1; 2006-203, s. 30; 2006-260, s. 1; 2009-305, s. 4; 2009-334, s. 1; 2009-451, s. 7.39(a); 2010-31, s. 7.5(c), (g); 2010-111, s. 1; 2010-112, s. 4(a); 2010-161, s. 1; 2011-145, ss. 7.9, 7.13(a); 2011-147, s. 3; 2011-185, s. 9(b); 2011-282, s. 4; 2011-306, s. 3; 2011-379, ss. 2(a), (b), 6(a); 2011-391, s. 14(b); 2012-142, ss. 7.13(d), (f), 7A.3(a); 2012-194, s. 55(a); 2013-1, s. 1(a); 2013-226, s. 9(e), (f); 2013-360, ss. 8.27(a), 8.28(a), 9.4(c), (d); 2013-382, s. 9.1(c); 2014-15, s. 1; 2014-78, s. 4; 2014-100, ss. 8.9, 8.26, 8.39(b); 2015-126, s. 1; 2015-241, ss. 8.25(a), (b); 2015-264, s. 82; 2016-94, s. 8.32(a); 2016-126, 4th Ex. Sess., s. 2; 2017-57, ss. 7.26(a), 7.26B(a); 2017-65, s. 2; 2017-102, s. 48(a); 2017-126, ss. 9-11; 2017-189, s. 5(a); 2017-197, s. 2.18(a); 2018-5, s. 7.26(b); 2019-142, s. 3; 2019-165, s. 3.2(c); 2019-176, s. 3(d); 2019-212, s. 4(a).) Local Modification. - Dare: 2006-23, s. 1; Hyde: 2006-23, s. 1; Martin: 2006-23, s. 1; Tyrrell: 2006-23, s. 1; Washington: 2006-23, s. 1. Cross References. - As to sick leave for public school employees, see G.S. 115C-336 . For complete provisions from Session Laws 2010-31, s. 7.5, detailing the More at Four Program, see notes under G.S. 143B-168.10 . UNC-NCCCS Joint Initiative for Teacher Education and Recruitment. - Session Laws 2005-276, s. 9.3, provides for the development and implementation of a Joint Initiative for Teacher Education and Recruitment. See note at G.S. 115C-295 . 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 . 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). NC Virtual Public Schools Program. - Session Laws 2011-145, s. 7.22(a), (b), and (d)-(k), as amended by Session Laws 2012-142, s. 7.12, as amended by Session Laws 2013-360, s. 8.9(a), as amended by Session Laws 2014-115, s. 88, and as amended by Session Laws 2017-173, s. 6(a), provides: "(a) The North Carolina Virtual Public School (NCVPS) program shall report to the State Board of Education and shall maintain an administrative office at the Department of Public Instruction. "(b) The Director of NCVPS shall ensure that students residing in rural and low-wealth county local school administrative units have access to e-learning course offerings in order to expand available instructional opportunities. E-learning instructional opportunities shall include courses required as part of the standard course of study for high school graduation and AP offerings not otherwise available. "(d) The State Board of Education shall take the following steps to implement an allotment formula for NCVPS beginning with the 2011-2012 school year: "(1) Project NCVPS student enrollment by semester and year-long course types for each local school administrative unit and charter school. "(2) Establish a per course teacher payment structure for the instructional costs of NCVPS. In establishing this payment structure, the Board shall consider the following: "a. The payment structure is based on a total compensation analysis to ensure NCVPS teacher pay has parity with similar programs. The total compensation analysis shall take into account salaries, benefits, and work effort to ensure valid comparisons between occupations. "b. The effects any change in NCVPS teacher payments may have on the attraction and retention of NCVPS teachers. "(3) Develop a per student fee structure for in-State students that is based on the per course teacher pay structure. The fee structure for in-State students shall ensure that the projected cost for local school administrative units and charter schools equals the projected instructional cost for NCVPS courses. "(4) Multiply the per course fees for in-State students by the projected enrollment by course type to determine the total instructional cost for each local school administrative unit and charter school. "(5) Transfer a dollar amount equal to seventy-five percent (75%) of the local school administrative unit's or charter school's projected instructional cost from the classroom teacher allotment to NCVPS. "(6) Repealed by Session Laws 2013-360, s. 8.9(a), effective July 1, 2013. "(7) Subtract the amount transferred pursuant to subdivision (5) of this subsection from the actual instructional cost for each unit or charter school and transfer the remaining dollar amount owed, up to a maximum of one hundred percent (100%) of the projected cost. "(8) Develop and implement a policy regarding returning funds to local school administrative units and charter schools in cases where the amount transferred pursuant to subdivision (5) of this subsection exceeds the actual instructional costs. "NCVPS shall use funds transferred to it to provide the NCVPS program at no cost to all students in North Carolina who are enrolled in North Carolina's public schools, Department of Defense schools, and schools operated by the Bureau of Indian Affairs. "(e) In establishing the fee structure and payment structure for NCVPS, the State Board shall consider recommendations from the eLearning Commission and the NCVPS Advisory Board. "(f) The State Board shall establish a separate per student tuition for out-of-state students, home-schooled students, and private school students, which shall be adjusted upward from the in-State student fee structure by an amount determined appropriate by the State Board. "(g) The Board shall direct NCVPS to develop a plan to generate revenue from the sale of courses to out-of-state educational entities. Revenue generated by NCVPS shall be used to offset instructional costs to local school administrative units and charter schools. NCVPS shall submit its plan to the Board by September 15, 2011. "(h) Beginning in 2011, the Director of NCVPS shall submit an annual report on NCVPS to the State Board of Education no later than December 15 of each year. The report shall use data from the previous fiscal year and shall include statistics on actual versus projected costs to local school administrative units and charter schools, student enrollment, virtual teacher salaries, and measures of academic achievement. "The Director of NCVPS shall continue to ensure the following: "(1) Course quality standards are established and met for courses developed by NCVPS. "(2) Repealed by Sessions Laws 2017-173, s. 6(a). "(3) All courses offered through NCVPS are aligned to the North Carolina Standard Course of Study. "(i) The State Board of Education shall reduce each local school administrative unit's or charter school's classroom teacher allotment, or other allotment, as determined by the State Board of Education, on the basis of ADM in grades 6-12 to provide the sum of two million eight hundred sixty-six thousand nine hundred twenty-three dollars ($2,866,923) for the State-level operations and administration of NCVPS for the 2011-2012 fiscal year. The allotment reduction for State-level operations and administration shall continue in future fiscal years and be adjusted annually based upon the percentage growth in NCVPS enrollment, ensuring the expansion of services due to increased virtual student enrollment. "(j) For fiscal year 2011-2012, the State Board of Education shall reduce each local school administrative unit's or charter school's classroom teacher allotment, or other allotment, as determined by the State Board of Education, on the basis of ADM in grades 6-12 to provide the sum of two million dollars ($2,000,000) in order to create an NCVPS enrollment reserve. The NCVPS enrollment reserve shall be used to cover the NCVPS instructional costs of local school administrative units or charter schools with enrollments exceeding projected NCVPS enrollment. "Beginning in fiscal year 2012-2013, and annually thereafter, the State Board of Education shall reduce each local school administrative unit's or charter school's classroom teacher allotment, or other allotment, as determined by the State Board of Education, on the basis of ADM in grades 6-12 an amount that is the difference between two million dollars ($2,000,000) and the balance of the NCVPS enrollment reserve. "Amounts available in the NCVPS enrollment reserve shall not revert. "(k) The only funds that may be used for the instructional costs of NCVPS are the following: "(1) Funds provided through the North Carolina Virtual Public Schools Allotment Formula. "(2) Funds provided through the NCVPS enrollment reserve as set forth in this section. "(3) Local funds. "(4) Federal funds. "(5) Special State Reserve Funds for Children and Youth with Disabilities. "(6) ADM Contingency Reserve." Academic Standards Review Commission. - Session Laws 2014-78, s. 2, provides: "(a) There is established the Academic Standards Review Commission. The Commission shall be located administratively in the Department of Administration but shall exercise all its prescribed powers independently of the Department of Administration. "(b) The Commission shall be composed of 11 members as follows: "(1) Four members appointed by the President Pro Tempore of the Senate. The President Pro Tempore shall consider, but is not limited to, appointing representatives from the following groups in these appointments: parents of students enrolled in the public schools; Mathematics and English Language Arts teachers; Mathematics and English Language Arts curriculum experts; school leadership to include principals and superintendents; members of the business community; and members of the postsecondary education community who are qualified to assure the alignment of standards to career and college readiness. "(2) Four members appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives shall consider, but is not limited to, appointing representatives from the following groups in these appointments: parents of students enrolled in the public schools; Mathematics and English Language Arts teachers; Mathematics and English Language Arts curriculum experts; school leadership to include principals and superintendents; members of the business community; and members of the postsecondary education community who are qualified to assure the alignment of standards to career and college readiness. "(3) Two members of the State Board of Education as follows: (i) the Chair or the Chair's designee and (ii) a member appointed by the Chair, representing the State Board's Task Force on Summative Assessment. "(4) One member appointed by the Governor. "No individual serving in a statewide elected office or as a member of the General Assembly shall be appointed to the Commission. The Commission shall meet on the call of the Chair of the State Board of Education no later than September 1, 2014. The cochairs of the Commission shall be elected during the first meeting from among the members of the Commission by the members of the Commission. "(c) The Commission shall: "(1) Conduct a comprehensive review of all English Language Arts and Mathematics standards that were adopted by the State Board of Education under G.S. 115C-12 (9c) and propose modifications to ensure that those standards meet all of the following criteria: "a. Increase students' level of academic achievement. "b. Meet and reflect North Carolina's priorities. "c. Are age-level and developmentally appropriate. "d. Are understandable to parents and teachers. "e. Are among the highest standards in the nation. "(2) As soon as practicable upon convening, and at any time prior to termination, recommend changes and modifications to these academic standards to the State Board of Education. "(3) Recommend to the State Board of Education assessments aligned to proposed changes and modifications that would also reduce the number of high-stakes assessments administered to public schools. "(4) Consider the impact on educators, including the need for professional development, when making any of the recommendations required in this section. "The Commission shall assemble content experts to assist it in evaluating the rigor of academic standards. The Commission shall also involve interested stakeholders in this process and otherwise ensure that the process is transparent. "(d) The Commission shall meet upon the call of the cochairs. A quorum of the Commission shall be nine members. Any vacancy on the Commission shall be filled by the appointing authority. The Commission shall hold its first meeting no later than September 1, 2014. "(e) To the extent that funds are available, the Commission may contract for professional, clerical, and consultant services. Professional and clerical staff positions for the Commission may be filled by persons whose services are loaned to the Commission to fulfill the work of the Commission. "(f) The Department of Administration shall provide meeting rooms, telephones, office space, equipment, and supplies to the Commission and shall be reimbursed from the Commission's budget, to the extent that funds are available. "(g) To the extent that funds are available, the Commission members shall receive per diem, subsistence, and travel allowances in accordance with G.S. 138-5 , 138-6, or 120-3.1, as appropriate. "(h) Upon the request of the Commission, all State departments and agencies and local governments and their subdivisions shall furnish the Commission with any information in their possession or available to them. "(i) The Commission shall make a final report of its findings and recommendations to the State Board of Education, the Joint Legislative Education Oversight Committee, and the 2016 Session of the 2015 General Assembly. The Commission shall terminate on December 31, 2015, or upon the filing of its final report, whichever occurs first." Session Laws 2015-7, s. 4, provides: "The General Assembly finds that considerable resources have already been expended to allow teachers and members of the public to make known their opinions and concerns surrounding adoption of academic standards. Specifically, the General Assembly finds that (i) on March 20, 2014, a Legislative Research Commission committee heard more than two hours of comment from stakeholders and interested members of the public on the subject; and (ii) on October 20, 2014, the Department of Public Instruction surveyed every public school teacher in the State on the subject. Accordingly, funds transferred pursuant to Section 2 of this act shall not be used by the Academic Standards Review Commission to conduct any survey related to the adoption of academic standards or to contract for the performance of such a survey by any third party." Session Laws 2015-7, s. 5, provides: "Notwithstanding any other provision of law, the Academic Standards Review Commission is subject to the Public Records Act, Chapter 132 of the General Statutes, and the Open Meetings Law, Article 33C of Chapter 143 of the General Statutes. Additionally, the Commission shall have the duty to comply with all of the following: "(1) All minutes, agendas, handouts, and presentations created during the course of the Commission's work, and any audio recordings of the Commission's meetings, shall be published on the Commission's Web site. "(2) All official meetings, as that term is defined in G.S. 143-318.10 , of the Commission shall be streamed live over the Internet in a manner that allows members of the public to listen to the proceedings." For similar prior provisions, see Session Laws 2005-276, s. 7.41(a)-(e). Third Grade Read to Achieve Teacher Bonus Program. - Session Laws 2016-94, s. 9.7(a)-(e), as amended by Session Laws 2017-57, s. 8.8B(c), provides: "(a) The State Board of Education shall establish the Third Grade Read to Achieve Teacher Bonus Program (program) to reward teacher performance and encourage student learning and improvement. To attain this goal, the Department of Public Instruction shall administer bonus pay to teachers who have an Education Value-Added Assessment System (EVAAS) student growth index score for third grade reading from the previous school year, beginning with the data from the 2015-2016 school year, as follows: "(1) Of the funds appropriated for the program, five million dollars ($5,000,000) shall be allocated for bonuses to teachers who are in the top twenty-five percent (25%) of teachers in the State according to the EVAAS student growth index score for third grade reading from the previous year. These funds shall be allocated equally among qualifying teachers. "(2) Of the funds appropriated for the program, five million dollars ($5,000,000) shall be allocated to pay bonuses to teachers who are in the top twenty-five percent (25%) of teachers in their respective local school administrative units according to the EVAAS student growth index score for third grade reading from the previous year. These funds shall be split proportionally based on average daily membership for each local school administrative unit and then distributed equally among qualifying teachers in each local school administrative unit, subject to the following conditions: "a. Teachers employed in charter schools and regional schools are not eligible to receive a bonus under this subdivision. "b. Any teacher working in a local school administrative unit that employs three or fewer third grade teachers shall receive a bonus under this subdivision if that teacher has an EVAAS student growth index score for third grade reading from the previous school year that exceeds expected growth. "(3) For EVAAS student growth index score data collected during the 2015-2016 school year and the 2016-2017 school year, bonuses awarded pursuant to subdivisions (1) and (2) of this subsection are payable in January of 2017 and January of 2018, respectively, to qualifying teachers who remain employed teaching in the same local school administrative unit at least from the school year the data is collected until the corresponding school year that the bonus is paid. "(4) A teacher who is eligible to receive a bonus under both subdivisions (1) and (2) of this subsection shall receive both bonuses. The bonus or bonuses awarded to a teacher pursuant to this subsection shall be in addition to any regular wage or other bonus the teacher receives or is scheduled to receive. "(b) Notwithstanding G.S. 135-1 (7a), the compensation bonuses awarded by this section are not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System. "(c) The State Board of Education shall study the effect of the program on teacher performance and retention. The State Board shall report the results of its findings, the distribution of statewide bonuses as among local school administrative units, and the distribution of bonuses within local school administrative units as among individual schools to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division on March 15 of each year. "(d) For the 2017-2018 fiscal year only, the Director of the Budget shall also include in the Base Budget, as defined by G.S. 143C-1-1(d) (1c), the amount of nonrecurring funds needed to support the program. "(e) This section expires June 30, 2018." Session Laws 2017-57, s. 8.8C(a)-(d), as amended by Session Laws 2017-197, s. 2.10(b), and Session Laws 2018-5, s. 8.10(d), provides: "(a) It is the intent of the State to reward teacher performance and encourage student learning and improvement. To attain this goal, the Department of Public Instruction shall administer the Third Grade Read to Achieve Teacher Bonus Program (program) to qualifying teachers who have an Education Value-Added Assessment System (EVAAS) student growth index score for third grade reading from the previous school year, as follows: "(1) For purposes of this section, the following definitions shall apply: "a. Eligible Teacher. - A teacher who meets one or both of the following criteria: "1. Is in the top twenty-five percent (25%) of teachers in the State according to the EVAAS student growth index score for third grade reading from the previous school year. "2. Is in the top twenty-five percent (25%) of teachers in the teacher's respective local school administrative unit according to the EVAAS student growth index score for third grade reading from the previous school year. "b. Qualifying Teacher. - An eligible teacher who remains teaching in the same local school administrative unit or, if the teacher is not employed in a local school administrative unit, remains teaching in the same school at least from the school year the data for the EVAAS student growth index score for third grade reading is collected until January 1 of the school year a bonus provided under this subsection is paid. "(2) Of the funds appropriated for this program, the sum of five million dollars ($5,000,000) shall be allocated for bonuses to eligible teachers under sub-sub-subdivision (1)a.1. of this subsection. Funds appropriated for this purpose shall be distributed equally among qualifying teachers. "(3) Of the funds appropriated for this program, the sum of five million dollars ($5,000,000) shall be allocated for bonuses to eligible teachers under sub-sub-subdivision (1)a.2. of this subsection. Funds allocated for this bonus shall be divided proportionally based on average daily membership in third grade for each local school administrative unit and then distributed equally among qualifying teachers in each local school administrative unit, subject to the following conditions: "a. Teachers employed in charter schools, regional schools, and University of North Carolina laboratory schools are not eligible to receive a bonus under this subdivision. "b. Any qualifying teacher who taught in a local school administrative unit that employed in the previous school year three or fewer total third grade teachers shall receive a bonus under this subdivision if that teacher has an EVAAS student growth index score for third grade reading from the previous school year of exceeded expected growth. "(4) Bonuses awarded pursuant to subdivisions (2) and (3) of this subsection are payable in January to qualifying teachers based on EVAAS student growth index score data from the previous school year. "(5) A qualifying teacher may receive a bonus under both subdivisions (2) and (3) of this subsection. "(6) The bonus or bonuses awarded to a qualifying teacher pursuant to this section shall be in addition to any regular wage or other bonus the teacher receives or is scheduled to receive. "(7) A bonus awarded pursuant to either subdivision (2) or subdivision (3) of this subsection shall not exceed three thousand five hundred dollars ($3,500) in any given school year. No teacher shall receive more than seven thousand dollars ($7,000) in total bonus compensation for any given school year. "(b) Notwithstanding G.S. 135-1 (7a), the bonuses awarded by this section are not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System. "(c) The State Board of Education shall study the effect of the bonuses awarded pursuant to this section and Section 9.7 of S.L. 2016-94, as amended by Section 8.8B of this act, on teacher performance and retention. The State Board shall report the results of its findings, the distribution of statewide bonuses as among local school administrative units, and the distribution of bonuses within local school administrative units as among individual schools to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division by March 15 of each year. "(d) This section applies for bonuses awarded in January 2019 and 2020, based on data from the 2017-2018 and 2018-2019 school years, respectively." Fourth and Fifth Grade Reading Teacher Bonus Program. - Session Laws 2017-57, s. 8.8D(a)-(c), as amended by Session Laws 2018-5, s. 8.11(a), provides: "(a) It is the intent of the State to reward teacher performance and encourage student learning and improvement. To attain this goal, the Department of Public Instruction shall administer the Fourth and Fifth Grade Reading Teacher Bonus Program (program) to qualifying teachers who have an Education Value-Added Assessment System (EVAAS) student growth index score for fourth or fifth grade reading from the previous school year, as follows: "(1) For purposes of this section, the following definitions shall apply: "a. Eligible Teacher. - A teacher who meets one or both of the following criteria: "1. Is in the top twenty-five percent (25%) of teachers in the State according to the EVAAS student growth index score for fourth or fifth grade reading from the previous school year. "2. Is in the top twenty-five percent (25%) of teachers in the teacher's respective local school administrative unit according to the EVAAS student growth index score for fourth or fifth grade reading from the previous school year. "b. Qualifying Teacher. - An eligible teacher who remains teaching in the same local school administrative unit or, if the teacher is not employed in a local school administrative unit, remains teaching in the same school at least from the school year the data for the EVAAS student growth index score is collected until January 1 of the school year a bonus provided under this subsection is paid. "(2) Of the funds appropriated for this program, the Department of Public Instruction shall allocate the sum of four million two hundred ninety-eight thousand seven hundred thirty-eight dollars ($4,298,738) to award a bonus in the amount of two thousand dollars ($2,000) to each qualifying teacher who is an eligible teacher under sub-sub-subdivision (1)a.1. of this subsection. "(3) Of the funds appropriated for this program, the Department of Public Instruction shall allocate the sum of four million two hundred ninety-eight thousand seven hundred thirty-eight dollars ($4,298,738) to award a bonus in the amount of two thousand dollars ($2,000) to each qualifying teacher who is an eligible teacher under sub-sub-subdivision (1)a.2. of this subsection, subject to the following conditions: "a. Teachers employed in charter schools, regional schools, and University of North Carolina laboratory schools are not eligible to receive a bonus under this subdivision. "b. Any qualifying teacher who taught in a local school administrative unit that employed in the previous school year three or fewer total teachers in the qualifying teacher's grade level shall receive a bonus under this subdivision if that teacher has an EVAAS student growth index score for fourth or fifth grade reading from the previous school year of exceeded expected growth. "(4) Bonuses awarded pursuant to subdivisions (2) and (3) of this subsection are payable in January to qualifying teachers based on EVAAS student growth index score data from the previous school year. "(5) A qualifying teacher may receive a bonus under both subdivisions (2) and (3) of this subsection. "(6) The bonus or bonuses awarded to a qualifying teacher pursuant to this section shall be in addition to any regular wage or other bonus the teacher receives or is scheduled to receive. "(7) No teacher shall receive more than two bonuses pursuant to this section. "(b) Notwithstanding G.S. 135-1 (7a), the bonuses awarded by this section are not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System. "(c) The State Board of Education shall study the effect of the bonuses awarded pursuant to this section on teacher performance and retention. The State Board shall report the results of its findings, the distribution of statewide bonuses as among local school administrative units, and the distribution of bonuses within local school administrative units as among individual schools to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division by March 15 of each year bonuses are awarded." Fourth to Eighth Grade Math Teacher Bonus Program. - Session Laws 2017-57, s. 8.8E(a)-(c), as amended by Session Laws 2018-5, s. 8.12(a), provides: "(a) It is the intent of the State to reward teacher performance and encourage student learning and improvement. To attain this goal, the Department of Public Instruction shall administer the Fourth to Eighth Grade Mathematics Teacher Bonus Program (program) to qualifying teachers who have an Education Value-Added Assessment System (EVAAS) student growth index score for fourth, fifth, sixth, seventh, or eighth grade mathematics from the previous school year, as follows: "(1) For purposes of this section, the following definitions shall apply: "a. Eligible Teacher. - A teacher who meets one or both of the following criteria: "1. Is in the top twenty-five percent (25%) of teachers in the State according to the EVAAS student growth index score for fourth, fifth, sixth, seventh, or eighth grade mathematics from the previous school year. "2. Is in the top twenty-five percent (25%) of teachers in the teacher's respective local school administrative unit according to the EVAAS student growth index score for fourth, fifth, sixth, seventh, or eighth grade mathematics from the previous school year. "b. Qualifying Teacher. - An eligible teacher who remains teaching in the same local school administrative unit or, if the teacher is not employed in a local school administrative unit, remains teaching in the same school at least from the school year the data for the EVAAS student growth index score is collected until January 1 of the school year a bonus provided under this subsection is paid. "(2) Of the funds appropriated for this program, the Department of Public Instruction shall allocate the sum of seven million one hundred fifty-one thousand two hundred sixty-two dollars ($7,151,262) to award a bonus in the amount of two thousand dollars ($2,000) to each qualifying teacher who is an eligible teacher under sub-sub-subdivision (1)a.1. of this subsection. "(3) Of the funds appropriated for this program, the Department of Public Instruction shall allocate the sum of seven million one hundred fifty-one thousand two hundred sixty-two dollars ($7,151,262) to award a bonus in the amount of two thousand dollars ($2,000) to each qualifying teacher who is an eligible teacher under sub-sub-subdivision (1)a.2. of this subsection, subject to the following conditions: "a. Teachers employed in charter schools, regional schools, and University of North Carolina laboratory schools are not eligible to receive a bonus under this subdivision. "b. Any qualifying teacher who taught in a local school administrative unit that employed in the previous school year three or fewer total teachers in the qualifying teacher's grade level shall receive a bonus under this subdivision if that teacher has an EVAAS student growth index score for fourth, fifth, sixth, seventh, or eighth grade mathematics from the previous school year of exceeded expected growth. "(4) Bonuses awarded pursuant to subdivisions (2) and (3) of this subsection are payable in January to qualifying teachers based on EVAAS student growth index score data from the previous school year. "(5) A qualifying teacher may receive a bonus under both subdivisions (2) and (3) of this subsection. "(6) The bonus or bonuses awarded to a qualifying teacher pursuant to this section shall be in addition to any regular wage or other bonus the teacher receives or is scheduled to receive. "(7) No teacher shall receive more than two bonuses pursuant to this section. "(b) Notwithstanding G.S. 135-1 (7a), the bonuses awarded by this section are not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System. "(c) The State Board of Education shall study the effect of the bonuses awarded pursuant to this section on teacher performance and retention. The State Board shall report the results of its findings, the distribution of statewide bonuses as among local school administrative units, and the distribution of bonuses within local school administrative units as among individual schools to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division by March 15 of each year bonuses are awarded." Adjustment of Average Daily Membership Due to Hurricane Florence for 2018-2019 School Year. - Session Laws 2018-136, 3rd Ex. Sess., s. 5.1, provides: "Notwithstanding any other provision of law, in allocating funds for the 2018-2019 fiscal year, the State Board of Education shall adjust the allotted average daily membership (ADM) of public school units for the 2018-2019 school year in a manner that will assist units impacted by Hurricane Florence as follows: Allotment adjustments for ADM decreases shall be based on the highest of the first four months' ADM for public school units located in counties designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L. 93-288) as a result of Hurricane Florence. "Consistent with the Allotment Adjustments for ADM Growth provisions of the NC Public Schools Allotment Policy Manual applicable for the 2018-2019 school year, local school administrative units are encouraged to apply for additional funding to address needs related to extraordinary ADM growth due to an influx of displaced students as a result of Hurricane Florence. "If the State Board of Education does not have sufficient resources in the ADM Contingency Reserve line item to make allotment adjustments in accordance with this section, the State Board of Education may use funds appropriated to State Aid for Public Schools for this purpose. "For the purposes of this section, 'public school unit' is defined as a local school administrative unit, regional school, innovative school, laboratory school, charter school, or residential school for the deaf or the blind." Session Laws 2018-136, 3rd Ex. Sess., s. 5.2, provides: "The funds allocated to the Department of Public Instruction in this act shall not be subject to approval by the State Board of Education." Editor's Note. - G.S. 115C-64.4, referred to in subdivision (20), has been repealed. The section above was amended by Session Laws 1999-237, s. 8.25(d), Session Laws 1999-243, s. 5, and Session Laws 1999-397, s. 3, in the coded bill drafting format provided by G.S. 120-20.1 . The amendment to subdivision (24) by Session Laws 1999-397, s. 3, included paragraphs in a different order. Subdivision (24) has been set out in the form above at the direction of the Revisor of Statutes. Subdivision (28) was so designated at the direction of the Reviser of Statutes, the designation in Session Laws 1997-507, s. 3, having been subdivision (27). Session Laws 1985, c. 479, which rewrote paragraph (9)c of this section, provided in ss. 55(c)(8) and (c)(9): "(8) Nothing in this subsection creates any rights except to the extent that funds are appropriated by the State and the units of local government to implement the provisions of this subsection and the Basic Education Program. "(9) This subsection shall apply to all school years beginning with the 1985-86 school year." Session Laws 1997-221, s. 32, provides: "This act shall not be construed to obligate the General Assembly to appropriate any funds to implement the provisions of this act. Nothing in Sections 16 through 25 or Sections 28 through 30 of this act shall be construed to create any rights or causes of action." 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 2005-276, s. 7.61(a) and (b), as amended by Session Laws 2010-31, s. 7.22(d), provides: "(a) Funds appropriated for the At-Risk/Alternative Schools allotment and the Improving Student Accountability allotment shall be used consistent with the policies and procedures adopted by the State Board of Education. Priority for use of the funds shall be to (i) provide instructional positions or instructional support positions and/or professional development; (ii) provide intensive in-school and/or after-school remediation; and (iii) purchase diagnostic software and progress monitoring tools. "(b) To remain eligible for funds appropriated for the At-Risk/Alternative Schools allotment and the Improving Student Accountability allotment, local school administrative units must submit a report to the State Board of Education by October 31 of each year detailing the expenditure of the funds and the impact of these funds on student achievement." Subdivision (24), as amended by Session Laws 2005-446, s. 1, effective September 29, 2005, is applicable to any new alternative learning program or alternative school to be implemented beginning with the 2006-2007 school year. Session Laws 2005-446, s. 5, provides: "Nothing in this act requires the North Carolina General Assembly to appropriate funds for the implementation of alternative learning programs or alternative schools." Session Laws 2005-457, s. 2, provided: "The State Board of Education may use 'Eat Smart: North Carolina's Recommended Standards for All Foods Available in School' and the 'United States Dietary Guidelines' as references for establishing the nutrition standards under Section 1 of this act. In addition to the elementary school pilots established by Section 7.17 of S.L. 2004-124, the nutrition standards will also be piloted prior to statewide implementation in a minimum of eight middle schools and eight high schools at a time to be determined by the State Board of Education. The pilots shall be conducted in a manner that will hold the child nutrition program of a participating local school administrative unit financially harmless for its participation in the pilot project. It shall be the responsibility of the Child Nutrition Services Section of the Department of Public Instruction to oversee the pilot project, collect data from the pilots, interpret the data, and develop written guidance based on the outcomes of the pilots. The Child Nutrition Services Section of the Department of Public Instruction shall modify the nutrition standards as needed based on several criteria, including, but not limited to, the results of the pilot projects, current science, best practices in the food and beverage industry, and the availability and affordability of new foods and beverages. The Child Nutrition Services Section of the Department of Public Instruction shall monitor the progress of each local school administrative unit toward achieving the nutrition standards and shall provide technical assistance and training as needed to assist local school administrative units in implementing the nutrition standards. The Child Nutrition Services Section of the Department of Public Instruction shall report annually on the progress of each local school administrative unit to the State Board of Education and to the Joint Legislative Education Oversight Committee." Session Laws 2013-226, s. 6, repealed Session Laws 2005-457, s. 2, effective July 3, 2013, and applicable beginning with the 2013-2014 school year. Session Laws 2006-143, s. 1, added a new subdivision (33). It has been redesignated as subdivision (34) at the direction of the Revisor of Statutes. Session Laws 2006-143, s. 3 provides: "Nothing in this act shall be construed to create a private cause of action against the State Board of Education, a local board of education, or their agents or employees." Session Laws 2007-277, s. 1, provides: "(a) The State Board of Education, in cooperation with The University of North Carolina Board of Governors and the State Board of Community Colleges, shall develop a framework for a Reaching One's Potential for Excellence (ROPE) Scholars Program. The purpose of the ROPE Scholars Pilot Program shall be (i) to strengthen middle grades education in order to provide students with the opportunity to graduate from high school with the core academic skills needed for postsecondary education and high-skilled employment, and (ii) thereby to reduce the high school dropout rate, increase high school and college graduation rates, and decrease the need for remediation in institutions of higher education. "The framework for the ROPE Scholars Program shall require participating schools to have or be afforded access to high speed, broadband Internet resources and to use SAS EVAAS (Education Value Added Assessment System) or a comparable software system to track student academic progress over time. "(b) It is the intent of the ROPE Scholars Program to: "(1) Reduce class size to one teacher to every 17 students; "(2) Provide annual salary incentives of up to five thousand dollars ($5,000) to teachers certified in any high-need subject matter area or to support personnel; "(3) Provide a coordinator position at each participating school to assist in community and parental support; "(4) Encourage students participating in the program, through agreements executed between the local school administrative unit and students and their parents or guardians, to: "a. Maintain a ninety-five percent (95%) attendance rate each year; "b. Achieve a minimum of a 'B' average; "c. Take the PSAT and the SAT or the ACT and achieve an adequate score, as determined by the State Board of Education; "d. Meet the standards for admission established by the Board of Governors of The University of North Carolina; "e. Engage in community service work each month during the school year for the number of hours determined by the State Board of Education; and "f. Evidence good character by not engaging in unlawful conduct. "(5) Provide students who successfully participate in the program with college scholarships. "(c) The State Board of Education shall develop a competitive process through which local school administrative units may apply to participate in the pilot program. The State Board shall select three units from different geographic areas of the State, one of which shall be urban and one of which shall be rural. The Program shall be implemented beginning with the 2009-2010 school year. "(d) The State Board of Education shall develop a process to evaluate the effectiveness of the Program. "(e) The State Board of Education shall deliver a draft proposed framework to the Joint Legislative Education Oversight Committee by October 15, 2007, and a final proposal to the same committee by December 15, 2007. The report shall include the cost of implementing the pilot program and shall indicate the State laws, rules, and policies that would preclude the implementation of the pilot." Session Laws 2007-323, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2007'." Session Laws 2007-323, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2007-2009 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2007-2009 fiscal biennium." Session Laws 2007-323, s. 32.5, is a severability clause. Session Laws 2007-409, s. 1, provides: "The State Board of Education shall adopt a policy that requires: "(1) Teachers of grades kindergarten through eight to take three renewal credits in their academic subject areas, including strategies to teach those subjects, during each five-year license renewal cycle and "(2) Teachers in grades nine through twelve to take three credits in their academic subject areas, including strategies to teach those subjects, during each five-year license renewal cycle. "For teachers who are in the fourth or fifth year of their current five-year license renewal cycle, this policy shall apply beginning with the first year of their next five-year license renewal cycle. The State Board may provide for exceptions to this policy for teachers seeking certification or renewal of certification by the National Board for Professional Teaching Standards." Session Laws 2007-445, s. 1(a)-(c) provides: "(a) The State Board of Education shall designate schools which meet two or more of the following criteria as high-need schools: "(1) More than forty-five percent (45%) of students perform at Level 1 or Level 2 on end-of-grade or end-of-course tests, "(2) Teacher turnover rate is greater than twenty-five percent (25%), or "(3) More than eighty percent (80%) of students qualify for free or reduced-price lunches. "(b) Beginning with the 2008-2009 school year, to ensure that the schools designated as high-need schools by the State Board of Education have the high quality staff and the additional support they need, the following modifications to law, policy, or both shall apply: "(1) National Board Certified Teachers who serve as mentors, literacy coaches, or in other nonadministrative instructional leadership positions at these schools shall retain the twelve percent (12%) salary increment for NBPTS certification, notwithstanding G.S. 115C-296.2 . "(2) National Board Certified Teachers, teachers of the year, and other categories of accomplished teachers designated by the State Board of Education shall be given the academic freedom at these schools to use research-based practices in the classroom that go beyond the standard course of study. "(c) The State Board of Education shall consider the following strategies to ensure that the high-need schools have the high quality staff and the additional support they need and shall report by January 15, 2008, to the Joint Legislative Education Oversight Committee on the cost of implementing for the 2008-2009 fiscal year: "(1) Adding additional teacher positions at these schools to reduce class size. "(2) Providing incentives to attract National Board Certified Teachers to these schools. "(3) Employing teachers at these schools for 11 months. These teachers shall use the extra month of employment for curriculum development, staff development, and planning for the next school year." 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. 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. 7.5(c) and (g) were codified as G.S. 115C-12 (25b) at the direction of the Revisor of Statutes, and subsequently repealed by Session Laws 2012-142, s. 7.13(d). Subdivision (25b) has been set out as repealed. 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 2010-111, s. 1 was codified as G.S. 115C-12 (25a) at the direction of the Revisor of Statutes. Session Laws 2010-161, s. 2, provides that implementation of the guidelines developed as required in subdivision (37) shall begin with the 2011-2012 school year. 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 2011-147, s. 1, provides: "This act may be known and cited as the Gfeller-Waller Concussion Awareness Act." Session Laws 2011-147, s. 2(a) and (b), provides: "(a) The Matthew A. Gfeller Sport-Related Traumatic Brain Injury Research Center at UNC-Chapel Hill in consultation with the North Carolina Medical Society, the North Carolina Athletic Trainers Association, the Brain Injury Association of North Carolina, the North Carolina Neuropsychological Society, the North Carolina High School Athletic Association, Inc., and the Department of Public Instruction shall develop an athletic concussion safety training program. The program shall be developed for the use of coaches, school nurses, school athletic directors, volunteers, students who participate in interscholastic athletic activities in the public schools, and the parents of these students. "(b) The program shall include, but not be limited to, the following: "(1) Written information detailing the recognition of the signs and symptoms of concussions and other head injuries. "(2) A description of the physiology and the potential short-term and long-term effects of concussions and other head injuries. "(3) The medical return-to-play protocol for postconcussion participation in interscholastic athletic activities." Subdivision (38) as added by Session Laws 2011-306, s. 3, was renumbered as (39) at the direction of the Revisor of Statutes. Session Laws 2011-379, s. 1, provides: "This act shall be known as the 'School and Teacher Paperwork Reduction Act.'" Session Laws 2011-379, s. 4, provides: "The Department of Health and Human Services, in consultation with the More at Four Program and the Smart Start Program, shall review all reporting requirements imposed on the public schools relating to the operations of the programs and child care regulation requirements. The Department of Health and Human Services shall reduce the frequency of reporting as appropriate, based upon the review and recommendation of the parties involved. "The Department of Health and Human Services shall report to the General Assembly on its implementation of this section by October 1, 2011." Session Laws 2011-391, s. 14(b), repealed Session Laws 2011-145, s. 7.13(a), which amended subdivision (26) by deleting "school improvement plans found to significantly improve student performance" in the last sentence. Session Laws 2012-77, s. 7(a), provides: "Consistent with Section 7.8 of S.L. 2010-31, to continue the State's progress in increasing student achievement, graduation rates, and students' career- and college-readiness, by August 31, 2014, the State Board of Education shall implement the statewide education reform initiatives described in the State's successful Race to the Top application. These initiatives shall include the following: "(1) Transition to new standards and assessments. - The State Board shall continue to provide for professional development designed to ensure that all teachers understand and are prepared to help students meet the new common core and essential standards, and are able to use related summative assessments effectively and appropriately to measure students' attainment of those standards. "(2) Establishment of an Instructional Improvement System. - The State Board shall establish a statewide Instructional Improvement System that will use technology to provide portals for students, teachers, parents, and school and district administrators to access data and resources to inform decision making related to instruction, assessment, and career and college goals. "(3) Establishment of the North Carolina education cloud technology infrastructure. - As the next wave of the successful School Connectivity Initiative, the State Board shall provide statewide shared education technology infrastructure, services, and tools for school districts and charter schools to achieve robust, reliable service and cost-effectiveness. "(4) Full rollout and enhancement of the North Carolina Educator Evaluation System. - The State Board shall continue to provide professional development designed to ensure that all teachers and principals are prepared to use the statewide Educator Evaluation System, which is being enhanced through a collaborative, multiyear development process to include formal, standard measures of the extent to which educators facilitate growth in student achievement. "(5) Provision of performance incentives to teachers in the lowest-achieving schools to improve recruitment and retention. - In order to improve recruitment and retention of effective teachers in the lowest-achieving schools, the State Board shall provide teachers in those schools opportunities to earn school and/or classroom-level incentives based on student performance. "(6) Establishment of regional leadership academies. - The State Board shall establish three leadership academies to increase the number of principals qualified to lead transformational change in lowest-achieving schools in both rural and urban areas. "(7) Expansion of teacher recruitment and licensure programs to support low-performing schools. - The State Board shall increase the number of Teach for America teachers in lowest-achieving districts and schools; establish the NC Teacher Corps, modeled after Teach for America, to further increase the number of effective teachers in lowest-achieving districts and schools; and establish a new Induction Support Program for New Teachers that will provide comprehensive support for novice teachers in low-achieving districts and schools. "(8) Provision of effective teachers for schools through virtual and blended courses. - The State Board shall develop a model through which to develop and deploy virtual and blended Science, Technology, Engineering, and Math (STEM) courses to give students at risk of low performance in core math and science subjects access to effective teachers and innovative instructional approaches. "(9) Provision of aligned professional development and establishment of professional development system. - The State Board shall do the following: "a. Create, train, and support a cadre of teacher and principal professional development leaders to establish sustainable local and regional professional development capacity statewide. "b. Develop resources (for workshops, professional learning communities, virtual courses, webinars, etc.) to support effective professional development activities. "c. Provide professional development regarding new standards and assessments, teacher and principal evaluation tools, data literacy, and use of any new technology tools created through the Race to the Top initiatives. "d. Expand online professional development infrastructure to provide high-quality online professional development accessible to all educators statewide. "e. Evaluate professional development activities to determine the impact on teaching practices and student achievement, and to inform continuous improvement of professional development activities. "(10) Expansion of District and School Transformation work to turn around the lowest-achieving schools. - The State Board shall expand its successful District and School Transformation services to reach more schools and districts needing intensive, multiyear support to build capacity for sustained improvement. "(11) Establish STEM thematic high schools and network. - The State Board shall establish four STEM anchor schools, each focused on an area of North Carolina economic development, and use the anchor schools as centers for professional development, curriculum development, technology use, and innovation in order to support the spread of STEM focus in North Carolina schools." Session Laws 2012-77, s. 7(b), provides: "The State Board of Education shall report to the Joint Education Oversight Committee by September 15, 2012, and semiannually thereafter through September 15, 2014, on the State Board's progress toward implementing the above initiatives." Session Laws 2012-77, s. 7(c), provides: "This section expires July 1, 2014. The State Board of Education may continue any initiatives identified in this section if it receives continued funding for the initiatives." Session Laws 2012-142, s. 7A.3(e), provides: "The State Board of Education shall award school performance scores and grades as required by G.S. 115C-12(9) c1. as follows: "(1) The State Board of Education shall calculate school performance scores by totaling the sum of points earned by the school and converting the sum of points to a 100-point scale. Subdivisions (2) and (3) of this section provide the school performance elements for schools serving students in kindergarten through eighth grade. Subdivision (4) of this section provides the school performance elements for schools serving grades nine through twelve. The school performance score shall be used to determine the school performance grade based on the following scale: "a. At least 90 performance grade points for an overall school performance grade of A. "b. At least 80 performance grade points for an overall school performance grade of B. "c. At least 70 performance grade points for an overall school performance grade of C. "d. At least 60 performance grade points for an overall school performance grade of D. "e. A school that accumulates fewer than 60 points shall be assigned an overall school performance grade of F. "(2) For schools serving students in kindergarten through eighth grade, the overall school performance score shall be calculated based on the sum of three school performance elements. "a. The score shall be calculated as follows: "1. One point for each percent of students who score at or above proficient on annual assessments for mathematics in grades three through eight. "2. One point for each percent of students who score at or above proficient on annual assessments for reading in grades three through eight. "3. One point for each percent of students who score at or above proficient on annual assessments for science in grades five and eight. "(3) For schools serving students in kindergarten through eighth grade, the school performance scores in reading and mathematics, respectively, shall be earned as follows: "a. The literacy school performance score shall be based on the percent of students who score at or above proficient on annual assessments for reading assessments in grades three through eight. "b. The mathematics school performance score shall be based on the percent of students who score at or above proficient on annual assessments for mathematics in grades three through eight. "(4) The school performance score earned by schools serving students in ninth through twelfth grades shall be calculated based on the sum of seven school performance elements. "a. The score shall be calculated as follows: "1. One point for each percent of students who score at or above proficient on annual assessments for mathematics. "2. One point for each percent of students who score at or above proficient on annual assessments for English. "3. One point for each percent of students who score at or above proficient on annual assessments for biology. "4. One point for each percent of students who complete a higher level mathematics class with a passing grade. "5. One point for each percent of students who score at or above a level demonstrating college readiness on a nationally normed test of college readiness. "6. One point for each percent of students who graduate within four years of entering high school. "7. One point for each percent of students who demonstrate workplace readiness on a nationally normed test of workplace readiness. "(5) In calculating the overall school performance score earned by schools, the State Board of Education shall proportionally adjust the scale to account for the absence of a school performance element for award of scores to a school that does not have a measure of one of the school performance elements annually assessed for the grades taught at that school. "(6) The State Board of Education shall report to the Joint Legislative Education Oversight Committee annually by January 15 on recommended adjustments to the school performance grade elements and scales for award of scores and grades." Session Laws 2013-360, s. 9.4(a), repealed Session Laws 2012-142, s. 7A.3(e), effective July 1, 2013. Session Laws 2012-142, s. 7A.3(f), provides: "It is the intent of the General Assembly to add a student growth component to school performance grades." 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 2013-1, s. 1(b), as amended by Session Laws 2013-410, s. 16.1, as amended by Session Laws 2014-115, s. 89, as amended by Session Laws 2017-102, s. 48(d), and as amended by Session Laws 2019-165, s. 3.2(b), provides: 'The State Board of Education shall make high school diploma endorsements, as provided under this section, available to students graduating from high school beginning with the 2014-2015 school year. The State Board of Education shall report to the Joint Legislative Education Oversight Committee on the progress toward establishing specific college and career endorsements for high school diplomas and for awarding these endorsements by February 1, 2014. Session Laws 2013-1, s. 3(a), (b), as amended by Session Laws 2014-115, s. 90, provides: "(a) The State Board of Education, in collaboration with the State Board of Community Colleges, shall develop strategies to increase the number of high school students engaging in career and technical education, especially in the areas of engineering and industrial technologies, and in other occupations with high numbers of employment opportunities. In developing these strategies, the Boards shall consider sharing of instructors, facilities, equipment, and business internship opportunities between the public schools and community colleges to facilitate these goals. "(b) The State Board of Education and the State Board of Community Colleges shall jointly report to the Joint Legislative Education Oversight Committee by October 15, 2014, on progress made on developing strategies to increase student engagement in career and technical education, especially in engineering and industrial technologies, and in other occupations with high numbers of employment opportunities." Session Laws 2013-11, s. 3, provides: "The State Board of Education shall develop digital teaching and learning competencies to provide a framework for schools of education, school administrators, and classroom teachers on the needed skills to provide high-quality, integrated digital teaching and learning." Session Laws 2013-226, s. 8, provides: "To the extent allowed by federal law, the State Board of Education shall consolidate and limit reports to the State Board by local school administrative units on data related to economically disadvantaged students, including household size and income information, to one report each school year." Session Laws 2013-226, s. 9(a)-(d), provides: "(a) The Department of Public Instruction shall simplify and minimize data entry requirements of local school administrative units to achieve the least burdensome administrative data entry workload possible, particularly as it relates to the implementation of the PowerSchool application and any other component of the Instructional Improvement System. "(b) The Department of Public Instruction shall comply with G.S. 115C-12(19)(i) and not require as a separate submission at least all of the following reports to reduce unnecessary reporting requirements for local school administrative units: "(1) The Principal's Monthly Report (PMR) Final, required by the 30th of each month. "(2) The Teacher Vacancy Report, required by October 20th each year. "(3) The Professional Personnel Activity Report (PPAR), required annually. "(4) The Pupils in Membership by Race and Sex, required annually by October 31st. "(5) The Report of School Sales of Textbooks and Used Books, required annually by October 31st. "(6) The School Activity Report (SAR), required annually. "(c) The Department of Public Instruction may collect any information contained in the reports eliminated in accordance with subsection (b) of this section that is necessary for compliance with State or federal law through the implementation of the PowerSchool application or any other component of the Instructional Improvement System. "(d) Local school administrative units shall continue to be responsible for required data entry into the PowerSchool application or any other component of the Instructional Improvement System." Session Laws 2013-360, s. 8.13, provides: "The State Board of Education shall not be subject to the requirements of Section 7.7(c) of this act for the development of school performance scores and grades in accordance with G.S. 115C-12(9) c1." Session Laws 2013-360, s. 7.7(c), pertains to limitations on sole sourcing, extensions of the period of performance, or expansion of the scope of existing state IT contracts. Session Laws 2013-360, s. 7.7(c) is noted in full under G.S. 143-135.9 and 147-86.11. Session Laws 2013-360, s. 8.27(f), made the amendment to subdivision (9)c1 by Session Laws 2013-360, s. 8.27(a), applicable beginning with the 2013-2014 school year. Session Laws 2013-360, s. 8.28(c), made subdivision (41), as added by Session Laws 2013-360, s. 8.28(a), applicable beginning with the 2013-2014 school year. Session Laws 2013-360, s. 9.4(e), (f), as amended by Session Laws 2014-100, s. 8.30, provides: "(e) It is the intent of the General Assembly to provide clear information to the public regarding school performance. To this end, the State Board of Education shall do the following when providing information on school report cards as required by G.S. 115C-12(9) c1.: (1) Solely use the school performance grade calculation method and resulting scores and grades as provided under G.S. 115C-83.15 , as enacted by this section. "(2) Include a description understandable by members of the general public of the school performance grade calculation method and resulting scores and grades. "(f) The State Board of Education shall issue the first annual report cards under G.S. 115C-12(9) c1., as amended by this section, no earlier than January 15, 2015." Session Laws 2013-360, s. 9.4(g), made the amendment to subdivisions (9)c1 and (24) by Session Laws 2013-360, s. 9.4(c), (d), applicable beginning with the 2013-2014 school year. Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act: "(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.' "(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.' "(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.'" Session Laws 2013-382, s. 9.1(c), provides: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary." Session Laws 2013-382, s. 9.2, provides: "No action or proceeding pending on the effective date of this section, brought by or against the State Personnel Commission, the Director of the Office of State Personnel, or the Office of State Personnel, shall be affected by any provision of this section, but the same may be prosecuted or defended in the new name of the Commission, Director, and Office. In these actions and proceedings, the renamed Commission, Director, or Office shall be substituted as a party upon proper application to the courts or other public bodies." Session Laws 2013-382, s. 9.3, provides: "Any business or other matter undertaken or commanded by the former State Personnel Commission, State Personnel Director, or Office of State Personnel regarding any State program, office, or contract or pertaining to or connected with their respective functions, powers, obligations, and duties that are pending on the date this act becomes effective may be conducted and completed by the Commission, Director, or Office in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the formerly named commission, director, or office." Session Laws 2014-15, s. 3, as amended by Session Laws 2015-264, s. 82, provides, in part, that: "[T]he annual identification requirement for local school administrative units applies beginning with the 2015-2016 school year. Beginning in the 2016-2017 school year, and annually thereafter, the identification of military-connected students for all local school administrative units shall be completed by January 31 of each school year. Local school administrative units may begin the annual identification of military-connected students using the Uniform Education Reporting System beginning with the 2014-2015 school year." The following sentence, added to Session Laws 2014-15, s. 3, by Session Laws 2015-264, s. 82, has been codified as the last sentence in sub-subdivision (18)f. at the direction of the Revisor of Statutes: "Beginning in the 2016-2017 school year, and annually thereafter, the identification of military-connected students for all local school administrative units shall be completed by January 31 of each school year." Session Laws 2014-78, in its preamble, provides: "Whereas, the North Carolina Constitution, Article IX, Section 5, directs the State Board of Education to supervise and administer a free public school system and make all needed rules and regulations in relation thereto, subject to laws enacted by the General Assembly; and "Whereas, the North Carolina General Statutes direct the State Board of Education to adopt and modify academic standards for the public schools; and "Whereas, the North Carolina General Statutes also grant local boards of education broad discretion and authority with respect to specific curricular decisions and academic programs, as long as they align with the standards adopted by the State Board of Education; and "Whereas, North Carolina desires its academic standards to be among the highest in the nation; and "Whereas, the adoption and implementation of demanding, robust academic standards is essential for providing high-quality education to our students and for fostering a competitive economy for the future of our State; and "Whereas, North Carolina's standards must be age-level and developmentally appropriate; Now, therefore," Session Laws 2014-78, s. 1(a), provides: "The State Board of Education shall: "(1) Continue to exercise its authority under the North Carolina Constitution and G.S. 115C-12 (9c) to adopt academic standards for the public schools. "(2) Conduct a comprehensive review of all English Language Arts and Mathematics standards adopted under G.S. 115C-12 (9c) and propose modifications to ensure that those standards meet all of the following criteria: "a. Increase students' level of academic achievement. "b. Meet and reflect North Carolina's priorities. "c. Are age-level and developmentally appropriate. "d. Are understandable to parents and teachers. "e. Are among the highest standards in the nation. "(3) Not enter into any agreement, understanding, or contract that would cede control of the Standard Course of Study and related assessments. This requirement does not prohibit the use of national or international curricula, such as the Advanced Placement or International Baccalaureate programs. "(4) Involve and survey a representative sample of parents, teachers, and the public to help determine academic content standards that meet and reflect North Carolina's priorities and the usefulness of the content standards. "(5) Prior to making changes to the standards, consult with the Academic Standards Review Commission, which is established in Section 2 of this act." Session Laws 2014-78, s. 1(b), provides: "Academic standards adopted by the State Board of Education under G.S. 115C-12 (9c) shall continue to be named and referred to as the "North Carolina Standard Course of Study," reflecting emphasis on North Carolina's needs and priorities. The State Board of Education shall maintain and reinforce the independence of the North Carolina Standard Course of Study and related student assessments, rejecting usurpation and intrusion from federally mandated national or standardized controls." Session Laws 2014-78, s. 3(b), provides: "The State Board of Education shall continue to develop and update the North Carolina Standard Course of Study in accordance with G.S. 115C-12 (9c), including a review of standards in other states and of national assessments aligned with those standards, and shall implement the assessments the State Board deems most aligned to assess student achievement on the North Carolina Standard Course of Study, in accordance with Section 9.2(b) of S.L. 2013-360 and Section 5 of this act." Session Laws 2014-78, s. 5, provides: "The State Board of Education shall report to the Joint Legislative Education Oversight Committee by July 15, 2015, on the acquisition and implementation of a new assessment instrument or instruments to assess student achievement on the academic standards adopted pursuant to G.S. 115C-12 (9c). The State Board shall not acquire or implement the assessment instrument or instruments without the enactment of legislation by the General Assembly authorizing the purchase. The assessment instrument or instruments shall be nationally normed, aligned with the North Carolina Standard Course of Study, and field-tested. Examples of appropriate assessment models would include, but not be limited to, the Iowa Test of Basic Skills (ITBS), the Scholastic Aptitude Test (SAT), ACT Aspire, and the National Assessment of Educational Progress (NAEP)." Session Laws 2014-78, s. 6, provides: "Local boards of education shall continue to provide for the efficient teaching of the course content required by the Standard Course of Study as provided under G.S. 115C-47(12) . The current Standard Course of Study remains in effect until official notice is provided to all public school teachers, administrators, and parents or guardians of students enrolled in the public schools of any changes made in the Standard Course of Study by the State Board of Education." Session Laws 2014-100, s. 8.30, provides: "The State Board of Education shall issue the first annual report cards under G.S. 115C-12(9) c1., as amended by this section, no earlier than January 15, 2015." 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 2014-104, s. 1, repealed Session Laws 2011-259, formerly noted under this section and implementing a three-year Dropout Recovery Pilot Program in New Hanover County Schools and other selected local school administrative units. Session Laws 2014-104, s. 2, provides: "The State Board of Education shall establish a two-year Dropout Prevention and Recovery Pilot Program (Pilot Program). The State Board of Education shall select one charter school that has been approved by the State Board under G.S. 115C-238.29D to provide the educational services and programming for the Pilot Program. The purpose of the Pilot Program is to reengage students and increase the graduation rates in North Carolina through an educational program that provides flexible scheduling and a blended learning environment with individualized and self-paced learning options." Session Laws 2014-104, s. 3, provides: "To be eligible to participate in the Pilot Program, the charter school's enrollment shall only include high school students who have (i) dropped out of high school or (ii) transferred from their high school to the charter school. For the purposes of this act, high school shall include ninth through twelfth grades. Transfer decisions shall be made by the student who is 18 years of age or older or the student's parents or guardians. The charter school, its affiliated charter management organization, or its education management organization must be accredited by the Southern Association of Colleges and Schools as an indicator of quality instructional programming. All teachers employed by the charter school participating in the Pilot Program shall be licensed teachers under G.S. 115C-296 ." Session Laws 2014-104, s. 4, provides: "The charter school participating in the Pilot Program shall develop and implement an alternative accountability model that meets the guidelines adopted by the State Board of Education for alternative learning programs under G.S. 115C-12(24) ." Session Laws 2014-104, s. 5, provides: "For the charter school participating in the Pilot Program, the allotments and adjustments shall be made as provided in G.S. 115C-238.29H and shall be adjusted on the basis of the average daily membership in the fifth month of the school year." Session Laws 2014-104, s. 6, provides: "Existing charter schools meeting the criteria as provided in this act may apply to participate in the Pilot Program no later than August 31, 2014. The State Board of Education shall select by September 30, 2014, the participant for the Pilot Program for the 2014-2015 and 2015-2016 school years." Session Laws 2014-104, s. 7, provides: "The State Board of Education shall submit a report to the Joint Legislative Education Oversight Committee by March 15, 2016, on the outcomes of the Dropout Prevention and Recovery Pilot Program, including (i) the number of students who dropped out of high school, enrolled in the program, and completed a high school diploma, (ii) the results of the alternative accountability model, and (iii) the impact on the ADM Contingency Reserve. The report shall also include any recommendations to enhance the effectiveness and the efficiency of the Pilot Program funding and accountability models." Session Laws 2014-104, s. 8, provides: "The Joint Legislative Education Oversight Committee shall report to the 2016 Regular Session of the 2015 General Assembly on necessary legislation to transition the Pilot Program into alternative charter schools serving high school students who have dropped out of high school." Session Laws 2014-104, s. 8.5, provides: "The State Board of Education and the Charter Schools Advisory Board shall jointly report by December 15, 2014, to the General Assembly on the utilization of contracts for personnel services by local boards of education and charter school boards of directors. The report shall indicate both the purposes and the extent of such contracts prevalent in each local school administrative district and charter schools statewide." Session Laws 2014-104, s. 9, provides: "This act is effective when it becomes law. The Pilot Program shall begin with the 2014-2015 school year and shall conclude at the end of the 2015-2016 school year." Session Laws 2015-126, s. 2, provides: "This act is effective when it becomes law [June 29, 2015] and applies beginning with the annual report compiled in 2017 using data from the 2016-2017 school year. Beginning in 2016, the annual report compiled as required by G.S. 115C-12(22) shall be titled 'State of the Teaching Profession in North Carolina.' " 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 2016-94, s. 8.23, provides: "The State Board of Education shall collaborate with the Friday Institute for Educational Innovation at North Carolina State University to continue the progress in implementing the Digital Learning Plan in North Carolina public schools by doing at least the following: "(1) Coordinate the implementation of professional learning programs that support teachers and school administrators in transitioning to digital-age learning. "(2) Manage statewide cooperative purchasing of content, including statewide shared resources for teachers to use for lesson planning and formative student assessments. "(3) Develop infrastructure maintenance and support protocols. "(4) Modify and update State policies to provide the support and flexibility necessary for local digital learning innovation. "(5) Develop and maintain a continuous improvement process. "(6) Create assessments for technological and pedagogic skills and identify best practices from those assessments." Session Laws 2016-94, s. 8.32(j), made subdivision (45), as added by Session Laws 2016-94, s. 8.32(a), effective July 14, 2016, and applicable beginning with the 2016-2017 school year. Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2016-126, 4th Ex. Sess., s. 42, is a severability clause. 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. 7.23K(a)-(c), as amended by Session Laws 2018-5, s. 7.7, provides: "(a) As part of continuing the implementation of the Digital Learning Plan in North Carolina in accordance with Section 8.23 of S.L. 2016-94, the State Board of Education, the Department of Public Instruction, the Friday Institute for Educational Innovation at North Carolina State University (Friday Institute), and The University of North Carolina educator preparation programs shall collaborate to develop and implement a comprehensive professional development strategy and solution for teachers and for students in UNC educator preparation programs for the use of technology and digital resources as teaching tools for K-12 students. Specifications for any products and services that are required to implement the professional development strategy and solution, including selection of a professional development provider, if necessary, shall be procured through a competitive process. The professional development strategy and solution shall include the following: "(1) Competency-based measurement of the technological and pedagogical skills of each teacher or teacher candidate that identifies strengths and gaps according to the NC Digital Learning Competencies for Educators and informs the use of a personalized professional development plan. "(2) Delivery of professional development that is flexible to ensure the greatest possible coverage and convenience for teachers and teacher candidates. "(b) The State Board of Education, the Department of Public Instruction, the Friday Institute, UNC educator preparation programs, and local boards of education of local school administrative units located within counties determined to be the most economically distressed by the Department of Commerce shall collaborate to assess current efforts to provide student digital literacy instruction in kindergarten through eighth grade in those local school administrative units and to develop a plan to strengthen such efforts. Specifications for any products and services that are required to implement digital literacy instruction, including selection of a digital literacy curriculum provider, if necessary, shall be procured through a competitive process. The assessment and plan shall address at least the following: "(1) Provide opportunity for students to learn essential digital literacy skills, including computer fundamentals, computational thinking, keyboarding, digital citizenship and online safety, Web browsing, e-mail and online communication, visual mapping, word processing, spreadsheets, databases, and presentations. "(2) Provide teachers with the ability to assess student digital literacy growth. "(3) Facilitate Project-Based Learning (PBL) and other research-based instructional frameworks to enable educators to integrate instruction on digital literacy into core and supplemental subjects, such as mathematics, English language arts, science, social studies, music, and art. "(4) Resources that provide teachers with instructional support and supplemental and extension options to address all students, including students with special needs and students who are English language learners. "(5) Accommodate English language learners with Spanish language instruction. "(c) Of the six million four hundred twenty thousand dollars ($6,420,000) in recurring funds appropriated to the Department of Public Instruction for the 2017-2018 fiscal year to accelerate implementation of the State's Digital Learning Plan, as set out in S.L. 2016-94, for the 2017-2018 fiscal year, the Department shall use up to one million eight hundred thousand dollars ($1,800,000) to implement the requirements of this section. "Of the four million dollars ($4,000,000) in recurring funds and the two million four hundred twenty thousand dollars ($2,420,000) in nonrecurring funds appropriated to the Department of Public Instruction for the 2018-2019 fiscal year to accelerate implementation of the State's Digital Learning Plan, as set out in S.L. 2016-94, beginning with the 2018-2019 fiscal year, the Department shall use up to one million eight hundred thousand dollars ($1,800,000) each fiscal year to implement the requirements of this section." Session Laws 2017-57, s. 7.26( l ), made the amendment to sub-subdivision (9)c1. by Session Laws 2017-57, s. 7.26(a), applicable beginning with the 2017-2018 school year. Session Laws 2017-57, s. 7.26B(c), made the rewriting of subdivision (40) of this section by Session Laws 2017-57, s. 7.26B(a), applicable beginning with high school diploma endorsements awarded in the 2019-2020 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. 39.4, 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 2017-65, s. 3, made subdivision (33a), as added by Session Laws 2017-65, s. 2, effective June 28, 2017, and applicable beginning with the 2017-2018 school year. Session Laws 2017-157, s. 5(a)-(c), provides: "(a) The State Board of Education shall not adopt or implement any policies or recommendations from the Interagency Advisory Committee established by the State Board of Education in Policy ADVS-009 until October 1, 2018. "(b) The State Board of Education shall change the timelines for the development and implementation of plans and training required by Policy SHLT-003 regarding school-based student mental health initiatives as follows for local school administrative units: (i) development of the plans to assess mental health and substance use needs shall occur during the 2018-2019 school year; (ii) the implementation plan and three-year review cycle shall commence in the 2019-2020 school year; and (iii) school mental health training will be provided by the Department of Public Instruction to the local school administrative units during the 2019-2020 school year. The State Board of Education shall change the timelines for the development and implementation of plans and training required by Policy SHLT-003 regarding school-based student mental health initiatives as follows for charter schools: (i) development of the plans to assess mental health and substance use needs shall occur during the 2019-2020 school year; (ii) the implementation plan and three-year review cycle shall commence in the 2020-2021 school year; and (iii) school mental health training will be provided by the Department of Public Instruction to charter schools during the 2020-2021 school year. "(c) The State Board of Education shall provide notice to local school administrative units participating in the "Whole School, Whole Community, Whole Child" pilot program regarding Parts IV and V of this act and shall allow the units to withdraw from the pilot program at their discretion." Session Laws 2017-189, s. 7(a) made the amendment to subdivision (22) by Session Laws 2017-189, s. 5(a), effective July 27, 2017, and applicable beginning with the 2017-2018 school year. Session Laws 2017-197, s. 2.18(b) made the amendment to subdivision (9)c1. of this section by Session Laws 2017-197, s. 2.18(a), effective July 1, 2017, and applicable beginning with the 2017-2018 school year. Session Laws 2018-5, s. 7.26(h), made subdivision (46) of this section, as added by Session Laws 2018-5, s. 7.26(b), effective July 1, 2019, and applicable beginning with the 2019-2020 school year. 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. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2018-97, s. 2.16(c), provides: "For schools serving any students in ninth through twelfth grade, for the 2017-2018 school year only, in addition to other required data, the report cards issued pursuant to G.S. 115C-12(9) c1. shall include the following data: "(1) The percentage of students who achieved the minimum score required for admission into a constituent institution of The University of North Carolina on a nationally normed test of college readiness. "(2) The percentage of students enrolled in Career and Technical Education courses who met the standard when scoring at Silver, Gold, or Platinum levels on a nationally normed test of workplace readiness. "(3) The percentage of students who either (i) achieve the minimum score required for admission into a constituent institution of The University of North Carolina on a nationally normed test of college readiness or (ii) are enrolled in Career and Technical Education courses and score at Silver, Gold, or Platinum levels on a nationally normed test of workplace readiness." Session Laws 2018-114, s. 27(b), as amended by Session Laws 2019-154, s. 2(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 North Carolina Rules Review Commission, No. 110PA16-2 (June 8, 2018), affirmed the authority of the General Assembly to delegate authority to the Rules Review Commission to review and approve the administrative rules that are proposed by the State Board of Education for codification. To ensure that administration of the free public schools shall continue without interruption, the existing policies of the State Board of Education subject to rule making as provided in Chapter 150B of the General Statutes shall be deemed interim rules so long as they do not conflict with any provisions of the General Statutes. Notwithstanding G.S. 150B-21.1 A, those interim rules shall be adopted as permanent rules as follows: "(1) The State Board of Education shall adopt all interim rules as emergency rules and submit those rules to the Codifier of Rules no later than August 9, 2019. Notwithstanding G.S. 150B-21.1 A(e), when the Codifier of Rules enters the emergency rules in the North Carolina Administrative Code, the Codifier shall publish notice of the emergency rules on the Internet. Any interim rule authorized by this section shall become null and void August 9, 2019, if the State Board of Education has failed by that date to comply with the requirements of this subdivision. "(2) The State Board of Education shall not be required to adopt temporary rules for any emergency rules authorized by this section. "(3) The State Board of Education shall, no later than December 6, 2019, submit a notice for publication of text to adopt all emergency rules authorized by this section as permanent rules in the North Carolina Register no later than January 2, 2020. "(4) Any emergency rule authorized by this section shall remain effective until the earlier of the adoption of that emergency rule as a permanent rule or May 30, 2020, but shall become null and void May 30, 2020, if the State Board of Education has failed to adopt that emergency rule as a permanent rule by that date in accordance with Article 2A of Chapter 150B of the General Statutes." Session Laws 2018-114, s. 29, is a severability clause. Session Laws 2018-136, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as '2018 Hurricane Florence Disaster Recovery Act."' Session Laws 2018-138, s. 2.2(a), (b), as amended by Session Laws 2018-145, s. 22, provides: "(a) Notwithstanding Section 8.2 of S.L. 2018-5, for purposes of determining the average daily membership of the school supervised by the principal under the 2018-2019 Principal Annual Salary Schedule, the greater of the average daily membership for the school for (i) the 2017-2018 school year or (ii) the 2018-2019 school year shall be used between January 1, 2019, and June 30, 2019. "(b) This act applies only to principals supervising schools that meet both of the following requirements: "(1) The school is located in a county designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L. 93-288) as a result of Hurricane Florence. "(2) The school was closed for at least 10 school days during the months of September 2018, October 2018, and November 2018 as a result of Hurricane Florence." Session Laws 2019-71, s. 5, provides: "As soon as practicable, and no more than 10 calendar days from the effective date of this act, the State Board of Education shall adopt emergency rules for the implementation of this act in accordance with G.S. 150B-21.1 A. This section does not require any rule making if not otherwise required by law." Session Laws 2019-142, s. 7, made sub-sub-subdivions (9)c1.4. and (9)cl.5,, as added by Session Laws 2019-142, s. 3, effective July 19, 2019, and applicable to measures based on data from the 2018-2019 school year and each school year thereafter. Session Laws 2019-154, s. 2(b), provides: "This section applies to interim rules of the State Board of Education existing on May 29, 2019. The State Board of Education shall take any necessary steps to affirm and validate any actions taken pursuant to interim rules between May 30, 2019, and the date this section becomes effective." Session Laws 2019-185, s. 2(b) provides: "The State Board shall develop and report the minimum criteria developed in accordance with G.S. 115C-157.1(a) , as amended by subsection (a) of this section, to the Joint Legislative Education Oversight Committee by April 15, 2020. The State Board of Education shall consider the criteria established in subsection (c) of this section for individuals who do not possess an associate or baccalaureate degree as part of the development of minimum criteria. G.S. 115C-157.1(a) , as amended by subsection (a) of this section, shall apply to employment contracts beginning with the 2020-2021 school year." Session Laws 2019-212, s. 4(c), made the amendment to subdivision (9d)b.2. by Session Laws 2019-212, s. 4(a), effective September 4, 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, 2.4(a)-(d), provides: "(a) Calculation and Issuance of School Performance Grades. - For the 2020-2021 school year, based on data from the 2019-2020 school year, the provisions of G.S. 115C-12(9) c1. and G.S. 115C-83.15(a) through (f) shall not apply. Notwithstanding G.S. 115C-83.15(g) , the State Board is not required to display school report card information for the 2020-2021 school year based on data from the 2019-2020 school year, but shall display a brief explanation that school report cards were not issued for the 2020-2021 school year because assessment data was not collected during the 2019-2020 school year due to COVID-19. "(b) Display of School Report Cards. - Notwithstanding G.S. 115C-47(58) , 115C-75.8(d)(7), 115C-218.65, 115C-238.66(11), 116-239.8(b)(14), and Section 6(d)(2) of S.L. 2018-32, public school units are not required to display school report card information for the 2020-2021 school year based on data from the 2019-2020 school year, but shall display a brief explanation that school report cards were not issued for the 2020-2021 school year because assessment data was not collected during the 2019-2020 school year due to COVID-19. "(c) Evaluation of Alternative Programs. - Notwithstanding G.S. 115C-12(24) , to the extent educational performance and growth of students in alternative schools and alternative programs are measured based on the accountability system developed under G.S. 115C-83.15 and G.S. 115C-105.35 , educational performance and growth of students in alternative schools and alternative programs shall not be evaluated based on data from the 2019-2020 school year. "(d) School Building Reports. - The requirement for local school administrative units to produce and make public a school building report under G.S. 115C-12(9) c3. and G.S. 115C-47(35) shall not apply for the October 15, 2020, report based on building-level data from the 2019-2020 school year." Session Laws 2020-3, s. 2.9, provides: "Notwithstanding G.S. 115C-12 (9d)a., for the 2019-2020 school year, any student in grade 12 who has not satisfied the requirement for completion of instruction in cardiopulmonary resuscitation shall be eligible to graduate if both of the following apply: "(1) Instruction in cardiopulmonary resuscitation cannot be completed due to the COVID-19 emergency. "(2) The student is eligible to graduate in all respects other than the statutory requirement described in this section, as determined by the principal of the school to which the student is assigned." Session Laws 2020-3, s. 5, is a severability clause. Session Laws 2020-80, s. 2.3(a), provides: "No later than October 15, 2021, the State Board of Education shall report to the Joint Legislative Education Oversight Committee on unpaid meal charges in local school administrative units. At a minimum, the report shall include the following information: "(1) The percentage of students of all grade levels in each local school administrative unit who (i) qualify for and participate in reduced-price meals and (ii) do not carry an unpaid meal charge. "(2) The total amount of debt carried by each local school administrative unit related to unpaid meal charges. "(3) Summaries of approaches adopted by each local school administrative unit regarding unpaid meal charges. "(4) Options for a statewide policy on the uniform administration of unpaid meal charges in local school administrative units. Every option shall ensure that students are not prevented from receiving nutritious meals because of an unpaid meal charge." Session Laws 2020-80, s. 3.5, is a severability clause. Effect of Amendments. - Session Laws 2005-155, s. 1, effective July 5, 2005, deleted the last two paragraphs of subdivision (9)c., relating to a State accreditation program. Session Laws 2005-276, ss. 7.18 and 9.34(a), effective July 1, 2005, rewrote subdivision (26); and added the last paragraph to subdivision (28). Session Laws 2005-458, ss. 1 and 2, effective October 2, 2005, repealed subdivision (9a), which read: "To certify and regulate the grade and salary of teachers and other school employees."; repealed subdivision (9b), which read: "To adopt and supply textbooks."; and added subdivision (9c). Session Laws 2006-75, s. 1, effective July 10, 2006, added subdivision (33). Session Laws 2006-143, s. 1, effective October 1, 2006, added subdivision (34). Session Laws 2006-260, s. 1, effective August 24, 2006, in subdivision (29), substituted "World War II, Korea, and Vietnam" for "World War II" in the subdivision catchline, and substituted "veterans of World War II, the Korean Conflict, and the Vietnam era" for "veterans of World War II" near the middle. Session Laws 2009-305, s. 4, effective July 17, 2009, in subdivision (21), added the last sentence, and in subdivision (27), in the first sentence, substituted "by March 15 of each year" for "annually" near the beginning, and deleted "and the Commission on Improving the Academic Achievement of Minority and At-Risk Students" preceding "on the numbers" near the middle. Session Laws 2009-334, s. 1, effective July 24, 2009, added subdivision (35). Session Laws 2009-451, s. 7.39(a), effective January 1, 2010, and applicable to sessions of Governor's School beginning after that date, added subdivision (36). Session Laws 2010-112, s. 4(a), effective July 20, 2010, and applicable beginning with the 2010-2011 academic year, substituted "shall instruct students on the significance of Memorial Day" for "shall recognize the significance of Memorial Day" in subdivision (33). Session Laws 2010-161, s. 1, effective July 23, 2010, added subdivision (37). See editor's note, for implementation information. Session Laws 2011-145, s. 7.9, effective July 1, 2011, in subdivision (36), substituted "may implement a tuition charge for students attending the Governor's School of North Carolina to cover the costs of the School" for "shall implement a five-hundred-dollar ($500) tuition charge for students attending the Governor's School of North Carolina." Session Laws 2011-147, s. 3, effective June 16, 2011, and applicable beginning with the 2011-2012 school year, in the introductory paragraph of subdivision (23), substituted "shall adopt" for "may adopt" in the second sentence, and added the last sentence; and added subdivisions (23)a. through (23)d. Session Laws 2011-185, s. 9(b), effective October 1, 2011, added subdivision (38). Session Laws 2011-282, s. 4, effective June 23, 2011, and applicable beginning with the 2011-2012 school year, in subdivision (27), in the first sentence, inserted "Corporal Punishment," in the second sentence, inserted "subjected to corporal punishment" and substituted "been reassigned for disciplinary purposes, or been provided alternative education services" for "or been placed in an alternative program," rewrote the third sentence, which formerly read: "The data shall be reported in a disaggregated manner and be readily available to the public," added the fourth sentence, and in the last sentence, added "and the reasons for the expulsion." Session Laws 2011-306, s. 3, effective June 27, 2011, added subdivision (39). Session Laws 2011-379, ss. 2(a) and (b) and 6(a), effective June 27, 2011, and applicable beginning with the 2011-2012 school year, added the last three paragraphs in subdivision (19); and added subdivision (19a). Session Laws 2012-142, s. 7.13(d) and (f), effective July 1, 2012, repealed subdivision (25b) pertaining to more at four reports, and repealed subdivision (26) pertaining to the duty to monitor and make recommendations regarding professional development programs. Session Laws 2012-142, s. 7A.3, effective July 2, 2012, added the last four sentences in subdivision (9)c1. For applicability, see editor's note. Session Laws 2012-194, s. 55(a), effective July 17, 2012, repealed subdivision (38), pertaining to the duty to report certain information regarding students with immediate family members in the military. Session Laws 2013-1, s. 1(a), effective February 18, 2013, added subdivision (40). Session Laws 2013-226, s. 9(e), (f), effective July 3, 2013, deleted the last sentence in subdivisions (18)a., (18)b. and (18)d., all of which provided the school year by which compliance was required; and added subdivision (18)e.; and in the second paragraph of subdivision (19), added "or (iv) provide information that is unnecessary to comply with State or federal law and not relevant to student outcomes and the efficient operation of the public schools" at the end of the first sentence, and made a minor stylistic change, and inserted "identified that are required at the State level, the evaluation and determination for continuing individual reports, including the consideration of whether those reports exceed what is required by State and federal law, and any reports that" in the fifth paragraph. For applicability, see Editor's note. Session Laws 2013-360, ss. 8.27(a), 8.28(a), and 9.4(c), (d), effective July 1, 2013, in subdivision (9)c1., inserted "in accordance with G.S. 115C-83.15 ," "achievement, growth, and" and "performance" in the third sentence, and added the last sentence; inserted "G.S. 115C-83.15 and" in the fourth paragraph of subdivision (24); and added subdivision (41). For applicability, see Editor's notes. Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "State Human Resources Commission" for "State Personnel Commission" in subdivisions (16)b. and (16)c. Session Laws 2014-15, s. 1, effective June 19, 2014, added subdivision (18)f. See Editor's note for applicability. Session Laws 2014-78, s. 4, effective July 1, 2014, rewrote the second sentence in subdivision (39). Session Laws 2014-100, ss. 8.9, 8.26, and 8.39(b), effective July 1, 2014, added subdivisions (42) through (44). Session Laws 2015-126, s. 1, rewrote subdivision (22). For effective date and applicability, see editors note. Session Laws 2015-241, s. 8.25(a), effective July 1, 2015, deleted the former last paragraph of subdivision (19), which read: "The State Board shall report to the Joint Legislative Education Oversight Committee by November 15 of each year on the reports identified that are required at the State level, the evaluation and determination for continuing individual reports, including the consideration of whether those reports exceed what is required by State and federal law, and any reports that it has consolidated or eliminated for the upcoming school year." Session Laws 2015-241, s. 8.25(b), effective July 1, 2015, in subdivision (25), in the second sentence, substituted "October 15, 2015" for "October 15, 1997" near the middle, deleted "the continued implementation of Chapter 716 of the 1995 Session Laws, 1996 Regular Session" from the end, and deleted the former third sentence, which read: "Each report shall include information regarding the composition and activity of assistance teams, schools that received incentive awards." Session Laws 2016-94, s. 8.32(a), effective July 14, 2016, added subsection (45). See editor's note for effective date and applicability. Session Laws 2016-126, 4th Ex. Sess., s. 2, effective January 1, 2017, in the first paragraph, substituted "all needed rules and regulations" for "policy" in the second sentence, and inserted the third sentence. Session Laws 2017-57, s. 7.26(a), effective July 1, 2017, in subdivision (9)c1., in the last sentence in the first paragraph, deleted "As a part of" at the beginning and added "shall include the following"; inserted the subdivision (9)c1.1.-3. designations; in subdivision (9)c1.1., inserted "and student progress in achieving English language proficiency" in the next to last sentence and added the last sentence; added (9)c1.1.I and the (9)c1.1.II. designation; in subdivision (9)c1.1.II deleted "separate performance scores and grades shall also be awarded based on the" following "eighth grade"; in (9)c12. and (9)c1.3., deleted "The annual 'report card' " at the beginning of the sentence, deleted "also shall include" following "third grade"; and made stylistic changes. For applicability, see editor's note. Session Laws 2017-57, s. 7.26B(a), effective July 1, 2017, in subdivision (40), inserted "necessary for students to be successful in a wide range of high-quality careers" in the first sentence and "reading achievement" in the second sentence, added the third and fourth sentences, and inserted "(i)" and added clauses (ii) and (iii) in the last sentence. For applicability, see editor's note. Session Laws 2017-65, s. 2, added subdivision (33a). For effective date and applicability, see editor's note. Session Laws 2017-102, s. 48(a), effective July 12, 2017, substituted "by November 15 of each year" for "beginning October 15, 2015, and annually thereafter" in the second sentence of subdivision (25). Session Laws 2017-126, ss. 9-11, effective July 20, 2017, repealed subdivision (9)c.; in subdivision (9c), added designations a. through c., deleted "and Exit Standards" at the end of the subdivision heading, deleted the former last sentence in subdivision (9c)b., which read: "The Board may develop exit standards that will be required for high school graduation"; and added subdivision (9d). Session Laws 2017-189, s. 5(a), effective July 25, 2017, deleted the subsection (a) designation, added "and data on teaching positions that local boards of education are unable to fill, as provided in G.S. 115C-299.5 ." at the end of the first sentence and made a related punctuation change, deleted the former second sentence which read: "The State Board shall adopt standard procedures for each local board of education to use in requesting the information from teachers who are not continuing to work as teachers in the local school administrative unit and shall require each local board of education to report the information to the State Board in a standard format adopted by the State Board"; and deleted subsections (b) and (c) pertaining to an annual teacher transition report and disaggregating the transition report data, respectively. For effective date and applicability, see editor's note. Session Laws 2017-197, s. 2.18(a), effective July 1, 2017, in subdivision (9)c1.3, inserted "Cambridge Advanced International Certificate of Education (AICE) Program participation" and "Cambridge AICE." For applicability, see editor's note. Session Laws 2018-5, s. 7.26(b), added subdivision (46). For effective date and applicability, see editor's note. Session Laws 2019-142, s. 3, added sub-sub-subdivisions (9)c1.4 and (9)c1.5. For effective date and applicability, see editor's note. Session Laws 2019-165, s. 3.2(c), effective July 26, 2019, substituted "high school diploma endorsements in accordance with G.S. 115C-156.2 " for "(i) the impact of awarding these endorsements on high school graduation, college acceptance and remediation, and post-high school employment rates; (ii) the number of students who had to retake a nationally norm-referenced college admissions test to meet the reading benchmark score required by this subdivision to receive a high school diploma endorsement; and (iii) the number of students who were not awarded a high school diploma endorsement solely because of the inability to meet the benchmark score for reading as required by this subdivision" in subsection (40). Session Laws 2019-176, s. 3(d), effective July 1, 2020, deleted "e. To manage and operate a system of insurance for public school property, as provided in Article 38 of this Chapter." at the end of subdivision (9). Session Laws 2019-212, s. 4(a), substituted "as provided in G.S. 115C-47 (54a)" for "project" in subdivision (9d)(b)(2). For effective date and applicability, see editor's note. Legal Periodicals. - For note on Leandro v. State, 346 N.C. 336 , 488 S.E.2d 249 (1997), see 76 N.C.L. Rev. 1481 (1998). For essay, "Sludge and Ordeals," see 68 Duke L.J. 1843 (2019). For comment, "Leandro's Left Behind: How North Carolina's English Learners Have Been Denied Their Fundamental Right to a Sound Basic Education," see 39 Campbell L. Rev. 457 (2017).