North Carolina § 115C-238 - 54. Funds for cooperative innovative high schools.

§ 115C-238. 54. Funds for cooperative innovative high schools.

The Department of Public Instruction shall assign a school code for each cooperative innovative high school that is approved under this Part. Notwithstanding G.S. 115C-105.25, once the cooperative innovative high school has been assigned a school code, the local board of education may use these funds for the school and may transfer these funds between funding allotment categories. Repealed by Session Laws 2011-145, s. 7.1A(j), effective January 1, 2012. The local board of trustees may allocate State and federal funds for a cooperative innovative high school that is approved under this Part. An education partner under G.S. 115C-238.52 that is a public body may allocate State, federal, and local funds for a cooperative innovative high school that is approved under this Part. If not an education partner under G.S. 115C-238.52, a county board of commissioners in a county where a cooperative innovative high school is located may nevertheless appropriate funds to the school approved under this Part. The local board of education and the local board of trustees are strongly encouraged to seek funds from sources other than State, federal, and local appropriations. They are strongly encouraged to seek funds the Education Cabinet identifies or obtains under G.S. 116C-4. Students in cooperative innovative high schools shall not be charged tuition for courses taken through the partner institution of higher education. Students in cooperative innovative high schools that have a community college as their partner institution of higher education and were approved under G.S. 115C-238.51A(c) shall be included in calculations of budget full-time equivalent students for the North Carolina Community College System. Students in cooperative innovative high schools that have a community college as their partner institution of higher education and were approved under G.S. 115C-238.51A(b) shall not be included in calculations of budget full-time equivalent students for the North Carolina Community College System. The State Board of Education shall reimburse The University of North Carolina for tuition for courses taken by students at cooperative innovative high schools that have a constituent institution of The University of North Carolina as their partner institution of higher education and were approved under G.S. 115C-238.51A(c). Tuition payments shall not exceed the annual Board of Governors-approved undergraduate resident tuition rate calculated on a per credit hour basis and shall not include fees. In addition, the cooperative innovative high school students' credit hours shall be nonfundable under The University of North Carolina Semester Credit Hour Enrollment Change Funding Model. The State Board of Education shall not reimburse The University of North Carolina for tuition for courses taken by students at cooperative innovative high schools that have a constituent institution of The University of North Carolina as their partner institution of higher education and were approved under G.S. 115C-238.51A(b). The State Board of Education shall reimburse private North Carolina colleges for tuition for courses taken by students at cooperative innovative high schools that have a private North Carolina college as their partner institution of higher education and were approved under G.S. 115C-238.51A(c). Tuition payments shall not exceed the highest undergraduate resident rate approved by the Board of Governors for The University of North Carolina constituent institutions and shall not include fees. The State Board of Education shall not reimburse private North Carolina colleges for tuition for courses taken by students at cooperative innovative high schools that have a private North Carolina college as their partner institution of higher education and were approved under G.S. 115C-238.51A(b). Any State funds appropriated for cooperative innovative high schools shall not be adjusted to reflect legislative salary increments, retirement rate adjustments, and health benefit adjustments for school personnel, unless specifically provided for by the General Assembly. History (2003-277, s. 2; 2005-276, s. 7.33(a); 2010-31, s. 7.21(b); 2011-145, s. 7.1A(j); 2012-142, s. 7.11(f); 2015-241, s. 8.8.) Editor's Note. - Session Laws 2015-133, s. 7(b), provides: "Notwithstanding G.S. 115C-238.51 A(c) and G.S. 115C-238.54 , the Watauga Career Academy, Pitt Early College, Wilson Academy of Applied Technology, Academy at High Point Central, the Academy at Ben L. Smith High School, STEM Early College at NC A&T State University, Middle College at the University of North Carolina at Greensboro, Vernon Malone College and Career Academy, and the Northeast Regional School of Biotechnology and Agriscience shall be permitted to operate in accordance with G.S. 115C-238.53 and G.S. 115C-238.54 as cooperative innovative high schools approved under G.S. 115C-238.51 A(c) and shall be subject to the evaluation requirements of G.S. 115C-238.55 ." Session Laws 2015-241, s. 8.43, provides: "Beginning with the 2015-2016 school year and for subsequent school years thereafter, notwithstanding G.S. 115C-238.51 A(c) and G.S. 115C-238.54 , the Academy at High Point Central, the Academy at Ben L. Smith High School, STEM Early College at NC A&T State University, Middle College at the University of North Carolina at Greensboro, Vernon Malone College and Career Academy, and the Northeast Regional School of Biotechnology and Agriscience shall be permitted to operate in accordance with G.S. 115C-238.53 and G.S. 115C-238.54 as cooperative innovative high schools approved under G.S. 115C-238.51 A(c) and shall be subject to the evaluation requirements of G.S. 115C-238.55 ." 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. 8.11, provides: "Beginning with the 2016-2017 school year and for subsequent school years thereafter, notwithstanding G.S. 115C-238.51 A(c) and G.S. 115C-238.54 , Alamance-Burlington Early College, Alexander Early College, Cabarrus Early College of Technology, Camden Early College, Chatham County School of Science and Engineering, City of Medicine Cooperative Innovative High School, Gaston Early College High School, Hillside New Tech Cooperative Innovative High School, Johnston County Career and Technical Academy, Northampton County New Tech Early College, Person Early College for Innovation and Leadership, Stanly County School of Engineering and Design, and Wayne School of Engineering at Goldsboro High School shall be permitted to operate in accordance with G.S. 115C-238.53 and G.S. 115C-238.54 as cooperative innovative high schools approved under G.S. 115C-238.51 A(c) and shall be subject to the evaluation requirements of G.S. 115C-238.55 ." 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 2018-5, s. 7.15, provides: "Beginning with the 2018-2019 school year and for subsequent school years thereafter, notwithstanding G.S. 115C-238.51 A(c) and G.S. 115C-238.54 , the Center for Industry, Technology, and Innovation, the Innovation Early College High School, the Marine Sciences and Technologies Early College High School, the Roanoke Rapids Early College High School, and the Southeast Area Technical High School shall be permitted to operate in accordance with G.S. 115C-238.53 and G.S. 115C-238.54 as cooperative innovative high schools approved under G.S. 115C-238.51 A(c) and shall be subject to the evaluation requirements of G.S. 115C-238.55 ." 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 2020-64, s. 4A(c), provides: "Operating Authorization. - For the 2019-2020 school year and for subsequent school years, notwithstanding G.S. 115C-238.51 A(c), G.S. 115C-238.54 , and any other provision of law, Halifax Early College High School and Stanly STEM Early College High School are permitted to be operating in accordance with G.S. 115C-238.53 and G.S. 115C-238.54 as cooperative innovative high schools approved under G.S. 115C-238.51 A(c) and shall be subject to the evaluation requirements of G.S. 115C-238.55 . Beginning with the 2020-2021 school year and for subsequent school years, Gaston Early College of Medical Sciences High School shall be permitted to operate in accordance with G.S. 115C-238.53 and G.S. 115C-238.54 as a cooperative innovative high school approved under G.S. 115C-238.51A(c) and shall be subject to the evaluation requirements of G.S. 115C-238.55 ." Effect of Amendments. - Session Laws 2005-276, s. 7.33(a), effective July 1, 2005, deleted "of a community college" following "trustees" in subsection (b); and deleted "of the community college" following "trustees" in subsection (e). Session Laws 2010-31, s. 7.21(b), effective June 30, 2010, and applicable beginning with the 2010-2011 school year, added the exception in the first sentence in subsection (a); and added subsection (a1). Session Laws 2011-145, s. 7.1A(j), effective January 1, 2012, in subsection (a), in the first sentence, deleted "with the exception of a five-year career academy operating as part of an existing high school, which shall continue to use the existing school code" from the end, deleted the former second sentence, which read: "All positions and other State and federal allotments that are generated for this program shall be assigned to that school code," and in the last sentence, substituted "once the program has been assigned a school code" for "once funds are assigned to that school code"; and deleted subsection (a1), which read: "A five-year career academy operating as part of an existing high school shall maintain records to identify and evaluate students enrolled in the five-year career academy program distinct from the general school population." Session Laws 2012-142, s. 7.11(f), effective July 2, 2012, rewrote the section. Session Laws 2015-241, s. 8.8, effective July 1, 2015, added subsection (j).