North Carolina § 115C-238 - 50. Purpose.
Full text of North Carolina North Carolina General Statutes § 115C-238 — 50. Purpose., with citation guidance and answers to common questions.
§ 115C-238. 50. Purpose.
The purpose of this Part is to authorize local boards of education to jointly establish with one or more boards of trustees cooperative innovative programs in high schools and colleges or universities that will expand students' opportunities for educational success through high quality instructional programming. These cooperative innovative high school programs shall target any of the following groups: High school students who are at risk of dropping out of school before attaining a high school diploma. High school students with parents who did not continue education beyond high school. High school students who would benefit from accelerated academic instruction. All the cooperative innovative high school programs established under this Part shall: Enable students to concurrently obtain a high school diploma and begin or complete an associate degree program, master a certificate or vocational program, or earn up to two years of college credit within five years. Prepare students adequately for future learning in the workforce or in an institution of higher education. , (3) Repealed by Session Laws 2011-145, s. 7.1A(j), effective January 1, 2012. through (e) Repealed by Session Laws 2011-145, s. 7.1A(j), effective January 1, 2012. Students are eligible to attend these programs as early as ninth grade. (4) Encourage the cooperative or shared use of resources, personnel, and facilities between public schools and colleges or universities, or both. (5) Repealed by Session Laws 2011-145, s. 7.1A(j), effective January 1, 2012. (6) Emphasize parental involvement and provide consistent counseling, advising, and parent conferencing so that parents and students can make responsible decisions regarding course taking and can track the students' academic progress and success. (7) through (10) Repealed by Session Laws 2011-145, s. 7.1A(j), effective January 1, 2012. (11) Develop methods for early identification of potential participating students in the middle grades and through high school and provide outreach to those students to promote academic preparation and awareness of the cooperative innovative high school programs. (12) Repealed by Session Laws 2011-145, s. 7.1A(j), effective January 1, 2012. History (2003-277, s. 2; 2005-276, s. 7.33(a); 2010-31, s. 7.21(a); 2011-145, s. 7.1A(j).) Cross References. - As to UNC Admissions Policy for Early College Graduates, see G.S. 116-11.3 . As to First in America Innovative Education Initiatives Act, see G.S. 116C-4 . Learn and Earn High Schools. - Session Laws 2007-323, s. 7.19(a)-(i), as amended by Session Laws 2012-142, s. 7.13(a), provides as follows: "(a) Funds are appropriated in this act for the Learn and Earn high school workforce development program. The purpose of the program is to create rigorous and relevant high school options that provide students with the opportunity and assistance to earn an associate degree or two years of college credit by the conclusion of the year after their senior year in high school. The State Board of Education shall work closely with the Education Cabinet and the New Schools Project in administering the program. "(b) These funds shall be used to establish new high schools in which a local school administrative unit, two- and four-year colleges and universities, and local employers work together to ensure that high school and postsecondary college curricula operate seamlessly and meet the needs of participating employers. "Funds shall not be allotted until Learn and Earn high schools are certified as operational. "(c) During the first year of its operation, a high school established under G.S. 115C-238.50 shall be allotted a principal regardless of the number of State-paid teachers assigned to the school or the number of students enrolled in the school. The budget flexibility authorized by G.S. 115C-105.25 does not apply to these positions. "(d) [Reporting requirement] Repealed by Session Laws 2012-142, s. 7.13(a). "(e) Enrollment fees and tuition for The University of North Carolina courses in which Learn and Earn students are enrolled are allowable uses of these funds. Tuition costs may include laboratory fees assessed to all students enrolled in the course or a similar course. "(f) Textbooks required for college courses in which Learn and Earn students are enrolled may be purchased with these funds. "(g) Payment of fees from these funds by local school administrative units to partnering community colleges and universities are restricted to technology or course fees. Funds appropriated in this act shall not be used to support the cost of athletic or other student activity or campus fees not required by enrollment in a specific course. "(h) The State Board of Education shall allot funds for university enrollment, tuition and fees, and textbooks on the basis of and after verification of the credit hour enrollment of Learn and Earn students in university courses. The State Board of Education shall allot funds for community college fees and textbooks on the basis of and after verification of the credit hour enrollment of Learn and Earn students in community college courses. "(i) Of the funds appropriated to the State Public School Fund for the 2007-2008 fiscal year, the State Board of Education may use up to eight hundred fifty thousand dollars ($850,000) to establish additional Learn and Earn high schools that become certified as operational." For similar prior provisions, see 2005-276, s. 7.32, as amended by 2005-345, s. 6(a) and by 2006-66, s. 7.11. Learn and Earn Online. - Session Laws 2009-451, s. 7.10(a)-(h), provides: "(a) Funds are appropriated in this act for the Learn and Earn Online program. This program will allow high school students to enroll in college courses to qualify for college credit. Online courses shall be made available to students through The University of North Carolina and the North Carolina Community College System. "(b) Funds shall be used for: "(1) Course tuition and only those technology and course fees and textbooks required for course participation; and "(2) A liaison position in the Department of Public Instruction to coordinate with The University of North Carolina and the North Carolina Community College System and to communicate course availability and related information to high school administrators, teachers, and counselors. "(c) The State Board of Education shall determine the allocation of Learn and Earn Online course offerings across the State. "(d) The State Board of Education shall allot funds for tuition, fees, and textbooks on the basis of and after verification of the credit hour enrollment of high school students in Learn and Earn Online courses. The Office of State Budget and Management shall transfer sufficient funds from the State Public School Fund to the Community Colleges System Office for courses offered by community colleges. "(e) The University of North Carolina program shall report to The University of North Carolina Board of Governors, and the North Carolina Community College program shall report to the State Board of Community Colleges. The Department of Public Instruction shall report to the State Board of Education. "(f) Both The University of North Carolina and the North Carolina Community College System shall provide oversight and coordination, including coordination with the Department of Public Instruction and with the North Carolina Virtual Public School (NCVPS), to avoid course duplication. "(g) The programs shall establish course quality and rigor standards and shall conduct course evaluations to ensure that the online courses meet the established standards. "(h) Local school administrative units may purchase textbooks for Learn and Earn Online courses through the Department of Public Instruction's textbook warehouse in the same manner as textbooks that have been adopted for public school students by the State Board of Education." For similar provisions, see Session Laws 2007-323, s. 7.27(a)-(i). Session Laws 2009-451, s. 7.10(j), provides: "For the 2009-2011 biennium, high school students attending a nonpublic school may enroll in any Learn and Earn Online course with space available that has been offered to but not filled by any eligible public school student. Notwithstanding subsection (h) of this section, nonpublic school students shall be responsible for supplying their own textbooks and other instructional materials." Session Laws 2009-451, s. 7.10(k), provides: "Funds appropriated for Learn and Earn Online that are unexpended or unencumbered at the end of each fiscal year shall not revert but shall remain available for expenditure." For similar provisions, see Session Laws 2008-107, s. 7.5. Session Laws 2009-451, s. 7.10( l ), provides: "Subsection (k) of this section becomes effective June 30, 2009." 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 Session Laws 2017-173, s. 6(a), effective July 21, 2017. "(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." For similar prior provisions, see Session Laws 2005-276, s. 7.41(a)-(e). Career and College Promise. - Session Laws 2011-145, s. 7.1A(a)-(d), provides: "The State Board of Education and the North Carolina Community College System shall establish the Career and College Promise program. The purpose of Career and College Promise is to offer structured opportunities for qualified high school students to dually enroll in community college courses that provide pathways consistent with subsection (b) of this section that lead to a certificate, diploma, or degree as well as provide entry-level jobs skills. Academic credits earned through Career and College Promise shall enable students who continue into postsecondary education after graduating from high school to complete a postsecondary credential in less time than would normally be required. All existing high school transition programs, including Huskins, Concurrent Enrollment, Cooperative and Innovative High Schools, Learn and Earn, and Learn and Earn Online shall be consolidated and replaced by Career and College Promise. "(b) North Carolina community colleges, subject to approval by the State Board of Community Colleges, may offer the following Career and College pathways aligned with the K-12 curriculum and career and college ready standards adopted by the State Board of Education: "(1) A Career Technical Education Pathway, leading to a certificate or diploma aligned with one or more high school Tech Prep Career Clusters. "(2) A College Transfer Pathway, leading to a college transfer certificate requiring the successful completion of thirty semester hours of transfer courses, including English and mathematics, for qualified junior and senior high school students. "(3) A cooperative innovative high schools program approved under Part 9 of Article 16 of Chapter 115C of the General Statutes. "(c) Constituent institutions of The University of North Carolina System, subject to approval by the Board of Governors of The University of North Carolina, may offer as a Career and College pathway a cooperative innovative high schools program approved under Part 9 of Article 16 of Chapter 115C of the General Statutes. The pathway must align with the K-12 curriculum and career and college ready standards adopted by the State Board of Education. "(d) The North Carolina Community College System and the Department of Public Instruction shall jointly develop and implement a program accountability plan to evaluate short-term and long-term outcomes for Career and College Promise. Outcomes to be measured shall include the following items: "(1) The impact of dual enrollment on high school completion. "(2) The academic achievement and performance of dually enrolled high school students. "(3) The number of students who successfully complete college certificates while dually enrolled. "(4) The impact of dual enrollment and certificate completion on enrollment in college. "(5) The persistence and completion rates of students who continue into college programs after high school graduation. "(6) The academic achievement and performance of students who continue into colleges programs after high school graduation." Session Laws 2011-145, s. 7.1A(d1), as added by Session Laws 2011-391, s. 13(a), provides: "(d1) Community colleges shall generate budget FTE for instruction provided through Career and College Promise." Laws 2011-145, s. 7.1A(e), as amended by Session Laws 2011-391, s. 13(b), effective January 1, 2013, and repealed effective June 30, 2015, provides: "(e) The Community Colleges System Office shall report to the Joint Education Oversight Committee or, if the General Assembly is in session, to the House and Senate Education Committees no later than February 1 regarding the number and cost of high school FTE served as a result of the Career and College Promise program created by this section." Session Laws 2011-145, s. 7.1A.(i) provides: "The North Carolina Community College System, University of North Carolina General Administration, and the North Carolina Independent Colleges and Universities shall develop a plan for articulation of a college transfer certificate to all UNC institutions and participating independent colleges and universities. North Carolina Independent Colleges and Universities, Inc., shall also be included in the development of the plan if it chooses to participate. College transfer certificates shall require the successful completion of thirty credit hours of college transfer courses, including English and mathematics, for qualified junior and senior high school students." Session Laws 2011-145, s. 7.1A(k), provides: "Cooperative innovative high schools approved by the State Board of Education prior to July 1, 2011, shall meet the requirements of G.S. 115C-238.50 A(5) as enacted by subsection (j) of this section no later than July 1, 2014. Any cooperative innovative high school which fails to meet the requirements by that date shall no longer be authorized as a cooperative innovative high school." Investing in Innovation Grant. - Session Laws 2015-241, s. 8.27(b)-(d), as amended by Session Laws 2015-268, s. 3.1, provides: "(b) The federal Investing in Innovation Fund Grant: Validating Early College Strategies for Traditional Comprehensive High Schools awarded to the North Carolina New Schools Project for 2012-2020 requires students to enroll in a community college course in the tenth grade. Notwithstanding any other provision of law, specified local school administrative units may offer one community college course to participating sophomore (tenth grade) students. Participating local school administrative units are Alleghany, Beaufort, Bladen, Duplin, Hertford, Harnett, Jones, Madison, Martin, Richmond, Rutherford, Scotland, Surry, Warren, and Yancey County Schools. "(c) Grant funds shall be used to pay for all costs incurred by the local school administrative units and the community college partners to implement the grant, including community college FTE. Community colleges shall not earn budget FTE for student course enrollments under this grant, unless the student course enrollment is otherwise authorized as provided in G.S. 115D-20(4) a., as amended by this act. "(d) Research conducted as part of the federal grant program under subsection (a) of this section shall address the effects of early college strategies in preparing students for college completion. The North Carolina New Schools Project shall report on the implementation of the grant to the State Board of Education, State Board of Community Colleges, Office of the Governor, and the Joint Legislative Education Oversight Committee no later than March 15, 2016, and annually thereafter until the end of the grant period." Session Laws 2015-241, s. 8.27(a) repealed Session Laws 2013-360, s. 8.25, as amended by Session Laws 2014-100, s. 8.27, containing the former prior provisions. Cooperative Innovative High School Funding Changes. - Session Laws 2017-57, s. 7.22(a)-(f), provides: "(a) Legislative Findings. - The General Assembly finds the following in regard to the State's long-term, ongoing investment in providing high school students with opportunities to obtain postsecondary credit and career credentials at no cost to the student in order to maximize cost savings to students in obtaining a postsecondary education: "(1) Dual enrollment opportunities for high school students have been available in the State for many years but began to significantly grow in the early- to mid-2000s as a result of the General Assembly's enactment of the Innovative Education Initiatives Act and the establishment of the cooperative innovative high school program pursuant to Part 9 of Article 16 of Chapter 115C of the General Statutes. This act demonstrated the State's commitment in prioritizing cooperative efforts between secondary schools and institutions of higher education so as to reduce the high school dropout rate, increase high school and college graduation rates, decrease the need for remediation in institutions of higher education, and raise certificate, associate, and bachelor degree completion rates. "(2) To ensure continued efficiency in the investment of State funds to provide postsecondary dual enrollment programs for high school students, the General Assembly directed the State Board of Education and the State Board of Community Colleges to jointly establish the Career and College Promise Program pursuant to Section 7.1A of S.L. 2011-145, effective January 1, 2012, to consolidate existing cooperative efforts between secondary schools and institutions of higher education by providing (i) for specific pathways for obtaining college credit that is transferable to community colleges and institutions of higher education, (ii) for college credit leading to a subject-area certificate, diploma, or degree, and (iii) through enrollment at a cooperative innovative high school, enabling students to concurrently obtain a high school diploma and to begin or complete an associate degree program, master a certificate or vocational program, or earn up to two years of college credit within five years. "(3) The recent growth in the establishment of cooperative innovative high school programs has resulted in a steady increase in full-time equivalent (FTE) student enrollment at community colleges due to the maturation of those programs, including an increase of one hundred forty percent (140%) in FTE enrollment for these students between 2008-2009 and 2013-2014. "(4) The implementation of other Career and College Promise pathways enabling certain traditional high school students to concurrently enroll in postsecondary courses leading to a defined academic goal has also resulted in a recent rise in student enrollment at community colleges with a thirty percent (30%) increase in the College Transfer pathway and a twenty-one percent (21%) increase in the Career and Technical Education pathway between 2012-2013 and 2013-2014. "(5) For the 2013-2014 academic year, the General Assembly appropriated fifty-seven million dollars ($57,000,000) in State funds to cover community college FTE for 11,389 students during the first year of full implementation of the Career and College Promise Program. "(6) For the 2015-2016 fiscal year, the General Assembly appropriated the following amounts to cover the cost of cooperative innovative high schools and other Career and College Promise programs: "a. For the cooperative innovative high school allotment, the sum of twenty-five million four hundred eighty-eight thousand seven hundred twenty-five dollars ($25,488,725). "b. For community college FTE for the following: "1. For students enrolled in cooperative innovative high schools, the sum of forty-two million two hundred ninety-one thousand three hundred eighty-six dollars ($42,291,386). "2. For students enrolled in courses that count toward the College Transfer pathway, the sum of twenty-one million three hundred forty-three thousand five hundred seven dollars ($21,343,507). "3. For students enrolled in courses that count toward the Career and Technical Education pathway, the sum of twenty-one million seven hundred eight thousand nine hundred thirty-two dollars ($21,708,932). "c. For the reimbursement of tuition for constituent institutions of The University of North Carolina as a partner institution of higher education to a cooperative innovative high school, the sum of one million nine hundred forty-five thousand two hundred one dollars ($1,945,201). "d. For the reimbursement of tuition for private colleges located in North Carolina that are a partner institution of higher education to a cooperative innovative high school, the sum of four hundred fifty-seven thousand six hundred thirty-nine dollars ($457,639). "(7) Since considerable State funds have been appropriated on an ongoing basis to cover the cost of high school student enrollment at community colleges, constituent institutions, and approved private colleges pursuant to G.S. 115C-238.54 and G.S. 115D-5(b)(12) as part of the Career and College Promise programs, it is necessary to examine the total cost of these programs and prioritize the appropriation of State funds to achieve the General Assembly's goal of maximizing cost savings to students in obtaining a postsecondary education. This shall include modifying the amount of funds allocated to local school administrative units for the cooperative innovative high school allotment. "(b) Study. - In accordance with the legislative finding set forth in subdivision (7) of subsection (a) of this section, by February 15, 2018, the State Board of Community Colleges, the Board of Governors of The University of North Carolina, and the State Board of Education shall study and report to the Senate Appropriations Committee on Education/Higher Education, the House Appropriations Committee on Education, the Fiscal Research Division, and the Joint Legislative Education Oversight Committee on the costs associated with the Career and College Promise Program, including operation of cooperative innovative high schools and the cost of concurrent enrollment in the high school and the institution of higher education, student outcomes related to the Program, and any legislative recommendations on modifications to the administration and funding for the Program. Legislative recommendations shall also specifically address the use of the funds for the cooperative innovative high school allotment, whether the allotment is necessary for the operation of the schools, and how modification or discontinuation of the allotment would impact the programs. "(c) Cooperative Innovative High Schools Located in Tier I Areas. - Of the funds appropriated to the Department of Public Instruction by this act for the 2017-2019 fiscal biennium, the Department shall allocate the sum of two hundred seventy-five thousand dollars ($275,000) in recurring funds for each fiscal year from the cooperative innovative high school supplemental allotment to a local school administrative unit located, as of July 1, 2017, in a development tier one area as defined in G.S. 143B-437.08 , with a cooperative innovative high school that was approved by the State Board of Education under G.S. 115C-238.51 A(c), except as follows: "(1) For a virtual cooperative innovative high school, the Department shall allocate the sum of two hundred thousand dollars ($200,000) in recurring funds from the cooperative innovative high school supplemental allotment to the local school administrative unit for each fiscal year. "(2) For the Northeast Regional School of Biotechnology and Agriscience, the Department shall allocate the sum of three hundred ten thousand dollars ($310,000) in recurring funds from the regional school supplemental allotment for the school for each fiscal year. "(d) Cooperative Innovative High Schools Located in Tier II Areas. - Of the funds appropriated to the Department of Public Instruction by this act for the 2017-2019 fiscal biennium, the Department shall allocate the sum of two hundred thousand dollars ($200,000) in recurring funds for each fiscal year from the cooperative innovative high school supplemental allotment to a local school administrative unit located, as of July 1, 2017, in a development tier two area as defined in G.S. 143B-437.08 , with a cooperative innovative high school that was approved by the State Board of Education pursuant to G.S. 115C-238.51 A(c), including a virtual cooperative innovative high school. "(e) Cooperative Innovative High Schools Located in Tier III Areas. - Of the funds appropriated to the Department of Public Instruction by this act for the 2017-2019 fiscal biennium, the Department shall allocate the following amounts from the cooperative innovative high school supplemental allotment to a local school administrative unit located, as of July 1, 2017, in a development tier three area as defined in G.S. 143B-437.08 , with a cooperative innovative high school that was approved by the State Board of Education pursuant to G.S. 115C-238.51 A(c): "(1) For the 2017-2018 fiscal year, the Department shall allocate the sum of one hundred eighty thousand dollars ($180,000) in recurring funds and twenty thousand dollars ($20,000) in nonrecurring funds from the cooperative innovative high school supplemental allotment. "(2) For the 2018-2019 fiscal year, the Department shall allocate the sum of one hundred eighty thousand dollars ($180,000) in recurring funds from the cooperative innovative high school supplemental allotment. "(f) Applicability of Funds Allocated Pursuant to This Section. - The allotment of funds to local school administrative units pursuant to the provisions of subsections (c), (d), and (e) of this section shall include a cooperative innovative high school approved by the State Board of Education pursuant to G.S. 115C-238.51 A(c) since July 1, 2015, that is operated by a local school administrative unit but that has not received the cooperative innovative high school allotment in a prior fiscal year. Funds shall not be allocated to local school administrative units for cooperative innovative high schools approved by the State Board pursuant to G.S. 115C-238.51 A(b)." Editor's Note. - Session Laws 2003-277, s. 4, provides: "Nothing in this act shall be construed to obligate the General Assembly to make appropriations to implement this act." 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 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 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'." Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium." Session Laws 2009-451, s. 28.5, is a severability clause. Session Laws 2010-31, s. 7.21(d) and (e), as amended by Session Laws 2012-142, s. 7.11(h), provides: "(d) The Department of Public Instruction shall study the fiscal impacts of the Cooperative and Innovative High School Act (Part 9 of Article 16 of Chapter 115C of the General Statutes). The Department shall report the results of its study to the Joint Legislative Education Oversight Committee and the Fiscal Research Division by March 15, 2011. The report shall include historical data on the number of new schools created each fiscal year attributable to the Cooperative and Innovative High School Act (Part 9 of Article 16 of Chapter 115C of the General Statutes). "(e) Repealed by Session Laws 2012-142, s. 7.11(h)." Session Laws 2012-48, s. 1, provides: "Notwithstanding the requirement of S.L. 2010-31, Section 7.21(e), the local boards of education of Davidson County Schools, Thomasville City Schools, and Lexington City Schools and the local board of trustees of Davidson County Community College may apply jointly to establish a cooperative innovative high school program known as the Yadkin Valley Regional Career Academy under Part 9 of Article 16 of Chapter 115C of the General Statutes. The State Board of Education and State Board of Community Colleges shall consider such application for the 2012-2013 school year if the application is received by June 15, 2012, and may approve an application for the Yadkin Valley Regional Career Academy without an explicit appropriation from the General Assembly." Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'." Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year." Session Laws 2010-31, s. 32.6, is a severability clause. 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 2012-142, s. 7.10, provides: "Notwithstanding G.S. 115C-238.51 , the State Board of Education shall approve the establishment of a cooperative innovative high school pilot by the local boards of education of the Davidson County Schools, Thomasville City Schools, and Lexington City Schools and the local board of trustees of Davidson County Community College under Part 9 of Article 16 of Chapter 115C of the General Statutes. The pilot shall be known as the Yadkin Valley Regional Career Academy." Session Laws 2012-142, s. 7.17(a)-(c), provided: "(a) The federal Investing in Innovation Fund Grant: Validating Early College Strategies for Traditional Comprehensive High Schools awarded to the North Carolina New Schools Project for 2012-2017 requires students to enroll in a community college course in the tenth grade. Notwithstanding any other provision of law, specified local school administrative units may offer one community college course to participating sophomore (tenth grade) students. Participating local school administrative units are Alleghany, Beaufort, Hertford, Jones, Madison, Richmond, Rutherford, Sampson, Surry, Wilkes, and Yancey County Schools. "(b) Grant funds shall be used to pay for all costs incurred by the local school administrative units and the community college partners to implement the grant, including community college FTE. Community colleges shall not earn budget FTE for student course enrollments supported with this grant. "(c) Research for the project shall address the effects of early college strategies in preparing students for college completion. The North Carolina New Schools Project shall report on the implementation of the grant to the State Board of Education, State Board of Community Colleges, Office of the Governor, and the Joint Legislative Education Oversight Committee no later than March 15, 2013, and annually thereafter until the end of the grant period." Session Laws 2012-142, s. 8.7(a)-(c), provides: "(a) Notwithstanding Section 7.1A of S.L. 2011-145 [which amended G.S. 115C-238.50 ], as amended by Section 13 of S.L. 2011-391, and any other provision of law, the State Board of Education and the State Board of Community Colleges shall approve the Gateway to College program at Durham Technical Community College as a Career and College pathway pilot program. This program concurrently provides high school and college education to high school students who have previously dropped out. "(b) The State Board of Community Colleges shall include curriculum coursework, including developmental course work, associated with this program when computing the budget FTE for Durham Technical Community College in the 2012-2013 fiscal year. "(c) Durham Technical Community College shall report to the Education Appropriation Subcommittees of the House of Representatives and the Senate by March 1, 2013, on student outcomes under the program and on the actual cost of the program, including administrative expenses incurred by Durham Public Schools and Durham Technical Community College." 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 2013-360, 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 2014-100, s. 8.36(b), provides: "Notwithstanding the requirements of Part 9 of Article 16 of Chapter 115C of the General Statutes, for the 2014-2015 school year, the Northeast Regional School of Biotechnology and Agriscience shall be designated as a cooperative innovative high school. To maintain the designation as a cooperative innovative high school beyond the 2014-2015 school year, the board of directors of the Northeast Regional School of Biotechnology and Agriscience shall apply with a local board of trustees for approval as a cooperative innovative high school program as provided under Part 9 of Article 16 of Chapter 115C of the General Statutes." 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 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 2020-64, s. 6, provides: "Moratorium on New Schools for the 2021-2022 School Year. - Notwithstanding Part 9 of Article 16 of Chapter 115C of the General Statutes, the State Board of Education shall not approve any new applications for cooperative innovative high schools pursuant to G.S. 115C-238.51 A(c) to open for the 2021-2022 school year.” Effect of Amendments. - Session Laws 2005-276, s. 7.33(a), effective July 1, 2005, in subsection (a), substituted "local boards of education to jointly establish with one or more boards of trustees" for "boards of trustees of community colleges and local boards of education to jointly establish" and "colleges or universities" for "community colleges"; in subdivision (b)(4), substituted "colleges or universities, or both" for "community colleges"; in subdivision (b)(10), deleted "community" preceding "college" and inserted "university"; in subdivision (c)(3), deleted "community" preceding "college"; in subdivision (d)(2), substituted "years, to" for "years and" and "program," for "program or" and added "or to earn up to two years of college credit"; and in subsection (e), substituted "college or university" for "community college." Session Laws 2010-31, s. 7.21(a), effective June 30, 2010, and applicable beginning with the 2010-2011 school year, in subsection (e), added "or a five-year career academy operating as part of an existing high school" and made a related grammatical change. Session Laws 2011-145, s. 7.1A(j), effective January 1, 2012, in the introductory paragraph of subsection (a), added "any of the following groups" in the last sentence; made a stylistic change in subdivision (a)(1); added subdivision (a)(2); redesignated former subsection (a)(2) as present subsection (a)(3); rewrote subsection (b) to the extent that a detailed comparison is impracticable; deleted subsections (c) and (d), which pertained to programs that target students who are at risk of dropping out of high school before attaining a high school diploma, and cooperative innovative high school programs that offer accelerated learning programs; and deleted subsection (e), which read: "Cooperative innovative high school programs may include the creation of a school within a school, a technical high-school, a high school or technical center located on the campus of a college or university, or a five-year career academy operating as part of an existing high school."
Frequently Asked Questions About North Carolina § 115C-238
What does North Carolina General Statutes § 115C-238 cover?
Section 115C-238 ("50. Purpose.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Carolina § 115C-238?
A common citation format is "North Carolina General Statutes § 115C-238" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.
How does North Carolina § 115C-238 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.