North Carolina § 115C-301 - Allocation of teachers; class size.
Full text of North Carolina North Carolina General Statutes § 115C-301 — Allocation of teachers; class size., with citation guidance and answers to common questions.
§ 115C-301. Allocation of teachers; class size.
Request for Funds. - The State Board of Education, based upon the reports of local boards of education and such other information as the State Board may require from local boards, shall determine for each local school administrative unit the number of teachers and other instructional personnel to be included in the State budget request. (Effective until July 1, 2021) Teacher Position Allotments. - Funds for classroom teachers in the State Public School Fund shall consist of the following position allotments: Classroom teachers for kindergarten through twelfth grade, which shall include funds for program enhancement teachers, self-contained exceptional children teachers, math, science, and computer teachers, and matching benefits. Program enhancement teachers for kindergarten through fifth grade. (Effective July 1, 2021) Teacher Position Allotments. - Funds for classroom teachers in the State Public School Fund shall consist of the following position allotments: Classroom teachers for kindergarten through twelfth grade, which shall include funds for program enhancement teachers for sixth through twelfth grade, self-contained exceptional children teachers, math, science, and computer teachers, and matching benefits. Program enhancement teachers for kindergarten through fifth grade. Allocation of Positions. - The State Board of Education is authorized to adopt rules to allot instructional personnel and teachers, within funds appropriated. Maximum Class Size for Kindergarten Through Third Grade. - The average class size for kindergarten through third grade in a local school administrative unit shall at no time exceed the funded allotment ratio of teachers to students in kindergarten through third grade. At the end of the second school month and for the remainder of the school year, the size of an individual class in kindergarten through third grade shall not exceed the allotment ratio by more than three students. The funded class size allotment ratio for kindergarten through third grade shall be as follows: For kindergarten, one teacher per 18 students. For first grade, one teacher per 16 students. For second grade, one teacher per 17 students. For third grade, one teacher per 17 students. Class Size Exceptions for Kindergarten Through Third Grade. - Class size requirements for kindergarten through third grade provided in subsection (c) of this section shall not apply to the following classes: Dual language immersion classes. For the purposes of this subsection, dual language immersion classes are classes in which (i) at least one-third of the students' dominant language is English and (ii) instruction involves both English and a target foreign language with a minimum of fifty percent (50%) of core content taught in the target foreign language in order to promote dual language proficiency for all students. Program enhancement classes. Program Enhancement Teacher Allotment for Kindergarten Through Fifth Grade. - Definitions. - For the purposes of this section, "program enhancement" refers to any of the following: Arts disciplines, including dance, music, theater, and the visual arts. Physical education and health programs. World languages. Other supplemental classes as defined by the State Board of Education. Allotment ratio calculation. - The allotment ratio for kindergarten through fifth grade program enhancement teachers shall be one teacher per 191 students. Appropriation. - Beginning with the 2019-2020 fiscal year, there is appropriated from the General Fund to the Department of Public Instruction for the allotment for program enhancement teachers for kindergarten through fifth grade an amount equal to the percentage of the total funds required to allot program enhancement teacher positions for kindergarten through fifth grade on a basis of one teacher per 191 students for each fiscal year as follows: , (e) Repealed by Session Laws 2013-363, s. 3.3(a), effective July 1, 2013. Biannual Reports. - At the end of October and end of February of each school year, each local board of education, through the superintendent, shall file a report, based on information provided by the principal, for each school within the local school administrative unit with the Superintendent of Public Instruction. The report shall be filed in a format prescribed by the Superintendent of Public Instruction and shall include the organization for each school in the local school administrative unit, including the following information: For each class in each grade level at each school, the following: The duties of the teacher. The source of funds used to pay for the teacher. The number of students assigned to the class, including all exceptions to individual class size maximums in kindergarten through third grade that exist at that time. For each school, the following: The number of program enhancement teachers. The source of funds used to pay each program enhancement teacher. Repealed by Session Laws 2013-363, s. 3.3(a), effective July 1, 2013. The average class size for each grade from kindergarten through third grade in the local school administrative unit. Any other information the Superintendent of Public Instruction may require. A charter school closure. Waivers and Allotment Adjustments. - Local boards of education shall report exceptions to the class size requirements set out for kindergarten through third grade and significant increases in class size at other grade levels to the State Board and shall request allotment adjustments at any grade level, waivers from the requirements for kindergarten through third grade, or both. Within 45 days of receipt of reports, the State Board of Education, within funds available, may allot additional positions at any grade level. The State Board shall not grant waivers for excess class size in kindergarten through third grade, except under the following circumstances: Notwithstanding any other provision of this section, the State Board of Education shall allot additional classroom teachers to schools containing grades kindergarten through 12 when consolidation is not feasible due to the geographic isolation of the school and the school meets at least one of the following criteria for geographic isolation: The school is located in a local school administrative unit in which the average daily membership is less than 1.5 per square mile. The school is located in a local school administrative unit for a county containing more than 150,000 acres of national forest owned by the federal government and managed by the United States Forest Service pursuant to G.S. 104-5. State Board Rules. - The State Board of Education shall adopt rules necessary for the implementation of this section. Penalty for Noncompliance. - A local superintendent shall complete a sworn affidavit attesting that the superintendent has complied with the requirements of subsections (c) through (g) of this section and include that affidavit with the biannual reports on individual class size required by subsection (f) of this section. If the State Board of Education determines that a local superintendent has willfully failed to comply with the requirements of this section, no State funds shall be allocated to pay the superintendent's salary for the period of time the superintendent is in noncompliance. The local board of education shall continue to be responsible for complying with the terms of the superintendent's employment contract. In grades four through 12, local school administrative units shall have the maximum flexibility to use allotted teacher positions to maximize student achievement. Fiscal Year Appropriation 2019-2020 50% 2020-2021 75% 2021-2022 and each subsequent fiscal year thereafter 100%. When developing the base budget, as defined by G.S. 143C-1-1 , for each fiscal year specified in this subdivision, the Director of the Budget shall include the appropriated amount for that fiscal year. The Superintendent of Public Instruction shall conduct periodic audits of the information reported by the local superintendent under this subsection to confirm the accuracy of reporting at the local school administrative unit and school level of the average and individual class size for students in kindergarten through third grade. If the Superintendent of Public Instruction finds that a local board of education is exceeding class size requirements without application to the State Board for an allotment adjustment or a waiver of those class size requirements, the State Board may impose the penalty set forth in subsection (j) of this section until such time the local board of education receives a waiver or the schools in the unit meet the class size requirements for kindergarten through third grade. (1) Emergencies or acts of God that impact the availability of classroom space or facilities. (2) An unanticipated increase in student population of an individual school in excess of two percent (2%) of the average daily membership of that school. (3) Organizational problems in geographically isolated local school administrative units in which the average daily membership is less than one and one-half per square mile. (4) Classes organized for a solitary curricular area. The State Board shall report on all waivers to the Joint Legislative Commission on Governmental Operations within 30 days of the grant of the waiver. The report shall include the local school administrative unit, school, and class or classes for which the waiver was granted, the statutory grounds for the waiver, and the terms of the waiver. A waiver for excess class size in kindergarten through third grade shall not become effective until the State Board submits the report to the Joint Legislative Commission on Governmental Operations. Upon notification from the State Board that the reported exception does not qualify for an allotment adjustment or a waiver, the local board of education shall take action to correct the exception within 30 days. Within 60 days of notification by the State Board, the Superintendent of Public Instruction shall request an updated report from the local board of education on the size of each class in kindergarten through third grade for each school within the local school administrative unit. If the Superintendent of Public Instruction finds that a local board of education is continuing to exceed class size requirements, the State Board may impose the penalty set forth in subsection (j) of this section until such time the schools in the unit meet the class size requirements for kindergarten through third grade. The State Board shall allot teachers to geographically isolated schools pursuant to this subsection on the basis of one classroom teacher per grade level and shall allot teachers to the remainder of the local school administrative unit in accordance with the formulas for the regular classroom teacher allotment. History (1955, c. 1372, art. 6, s. 6; 1963, c. 688, s. 3; 1965, c. 584, s. 6; 1969, c. 539; 1973, c. 770, ss. 1, 2; 1975, c. 965, s. 3; 1977, c. 1088, s. 4; 1981, c. 423, s. 1; 1983 (Reg. Sess., 1984), c. 1034, ss. 12, 13; 1985, c. 479, s. 55(b)(3)b; 1987, c. 738, s. 181; 1987 (Reg. Sess., 1988), c. 1025, s. 15; c. 1086, s. 89(a); 2010-31, s. 7.22(a); 2013-363, s. 3.3(a); 2015-241, s. 8A.3(a); 2016-94, s. 8.33(a); 2017-9, s. 2(b); 2017-57, ss. 7.15(d), 7.19; 2017-157, s. 1(b); 2018-2, ss. 3(a)-(e), 5(d).) Subsection (a1) Set Out Twice. - The first version of subsection (a1) set out above is effective until July 1, 2021. The second version of subsection (a1) set out above is effective July 1, 2021. Cross References. - As to the allotment of classified principals, see G.S. 115C-284 . Teacher Compensation Models and Advanced Teaching Roles. - Session Laws 2016-94, s. 8.7(a)-(i), as amended by Session Laws 2017-57, ss. 7.11(a) and 7.15(a), as amended by Session Laws 2018-5, s. 7.9, as amended by Session Laws 2018-97, s. 2.6, and as amended by Session Laws 2019-248, s. 2(a), (b), provides: "(a) Purpose. - The State Board of Education shall establish an eight-year pilot program (pilot) to develop advanced teaching roles and organizational models that link teacher performance and professional growth to salary increases in selected local school administrative units for classroom teachers. For the purposes of this section, a classroom teacher is a teacher who works in the classroom providing instruction at least seventy percent (70%) of the instructional day and who is not instructional support personnel. The purpose of the pilot shall be to do the following: "(1) Allow highly effective classroom teachers to teach an increased number of students by assuming accountability for additional students, by becoming a lead classroom teacher accountable for the student performance of all of the students taught by teachers on that lead classroom teacher's team, or by leading a larger effort in the school to implement new instructional models to improve school-wide performance. "(2) Enable local school administrative units to provide salary supplements to classroom teachers in advanced teaching roles. Selection of an advanced teaching role classroom teacher and award of related salary supplements shall be made on the basis of demonstrated effectiveness and additional responsibilities. "(3) Enable local school administrative units to create innovative compensation models that focus on classroom teacher professional growth and student outcomes. "(4) Utilize local plans to establish organizational changes related to compensation in order to sustain evidenced-based teaching practices that have the capacity to be replicated throughout the State. "(b) Request for Proposal. - By September 15, 2016, the State Board of Education shall issue an initial Request for Proposal (RFP) for the pilot. The State Board may issue additional, subsequent RFPs, as necessary, in order to meet the requirements of this section. Local boards of education shall submit their initial proposals by October 15, 2016. Any additional proposals shall be submitted in accordance with requirements set by the State Board. Any RFP issued by the State Board shall require that proposals include the following information at a minimum: "(1) Description of the program structure, including the process for teacher advancement based on performance, professional growth, or the specific teacher roles assumed by the teacher. "(2) Descriptions of the advanced teaching roles, including minimum qualifications for the positions that must include at least one of the following: "a. Advanced certifications, such as National Board for Professional Teaching Standards Certification, or a master's degree in the area in which the classroom teacher is licensed and teaching. "b. A rating of at least accomplished on each of the Teacher Evaluation Standards 1-5 on the North Carolina Teacher Evaluation instrument or the equivalent on an out-of-state evaluation system. "c. Evidence that the teacher has exceeded expected student growth based on three years of teacher evaluation data as calculated by the State Board of Education. "d. Equivalent demonstrated mastery of teaching skills as required by the new local compensation model. "(3) Job responsibilities that include at least one of the following: "a. Teaching an increased number of students and being accountable for their performance as the teacher of record for those students. "b. Becoming a lead classroom teacher among a group of teachers and being the teacher of record for all students taught by that group of teachers. "c. Leading a school-wide effort to implement data-driven instructional models that include blended learning environments, utilizing digital learning and resources, and focusing on methods of improvement for school-wide performance issues. "d. Completing training that certifies the teacher as an in-house provider of professional development or functioning as an instructional content area coach or a coach in another professional development area. "(4) Description of how the local school administrative unit will inform all employees and the public on the criteria and selection for the advanced teaching roles, the continued eligibility requirements for the advanced teaching roles, and how the individuals selected for the advanced teaching roles will be evaluated. "(5) Description of how the local school administrative unit will inform all employees and the public on the criteria for movement on the proposed new local compensation model. "(6) The process for the voluntary relinquishment of an advanced teaching role, including the associated additional duties. Voluntary relinquishment of the advanced teaching role shall not be considered a demotion under Part 3 of Article 22 of Chapter 115C of the General Statutes. "(7) Salary supplement information including the following: "a. The amount of the salary supplements that will be provided to those selected for the advanced teaching roles. The supplements may be up to thirty percent (30%) of the State teacher salary schedule. "b. A statement by the local school administrative unit that the salary supplements will be paid as a supplement to the classroom teacher's regular salary and not be included in the average salary calculation used for budgeting State allotments. "c. A statement by the local school administrative unit that if a classroom teacher in an advanced teaching role (i) fails to maintain the minimum criteria established for the position, (ii) is not successfully performing the additional duties associated with the advanced teaching role, or (iii) voluntarily relinquishes the advanced teaching role, the teacher shall only be paid the salary applicable to that individual on the State teacher salary schedule and any other local supplements that would otherwise apply to the classroom teacher's compensation. "d. The amount of the salary supplements at all levels of the proposed new local school administrative unit compensation model in relation to the State teacher salary schedule. "(8) The implementation plan, including the number of schools in the local school administrative unit that will have advanced teaching roles and any new proposed compensation model, the number of advanced teaching roles at each of those schools, the number of students whose teacher of record will be a teacher in an advanced teaching role, and the number of teachers overall who would be eligible for the proposed new local school administrative unit compensation model. "(9) Plans for financial sustainability once any grant money that may be awarded to the local school administrative unit is no longer available. "(c) Selection by State Board of Education. - By December 15, 2016, the State Board of Education shall review the initial proposals submitted by local boards of education. The State Board shall review additional, subsequent proposals submitted by local boards of education in accordance with requirements set by the State Board. "(1)-(3) Repealed by Session Laws 2019-248, s. 2(a). "(d) Pilot Implementation. The selected local school administrative units shall implement their approved pilots beginning as early as the 2017-2018 school year and ending with the 2024-2025 school year. The local board of education for each selected pilot local school administrative unit shall provide any requested information and access to the independent research organization selected by the State Board of Education to evaluate the pilots pursuant to subsection (f) of this section. "(e) Use of Grant Funds. - Funds awarded to local school administrative units shall be used for any of the following: "(1) Salary supplements for advanced teaching roles. "(2) Development of advanced teaching role plans. "(3) Development of professional development courses. "(4) Transition costs associated with designing and implementing advanced teaching role models in schools within the local school administrative unit. Transition costs may include employing staff members or contractors to assist with design and implementation of the pilot plan. "(5) Development of the design and implementation of compensation plans that focus on teacher professional growth and student outcomes and the transition costs associated with designing and implementing new compensation plans, including employing staff members or contractors to assist with design and implementation of the pilot plan. "(f) Pilot Evaluation. - The State Board of Education shall contract with an independent research organization to evaluate how the advanced teaching roles and new compensation plan pilots have accomplished, at a minimum, the following: "(1) Improvement in the quality of classroom instruction and increases in school-wide growth. "(2) An increase in the attractiveness of teaching. "(3) Recognition, impact, and retention of high-quality classroom teachers. "(4) Assistance to and retention of beginning classroom teachers. "(5) Improvement in and expansion of the use of technology and digital learning. "The independent research organization shall report annually beginning October 15, 2017, until the conclusion of the pilot to the State Board on all aspects of the implementation and evaluation of the pilot. The independent research organization shall also evaluate, as part of the annual report, the existing Project LIFT, Inc., program in Charlotte-Mecklenburg Schools, and the proposed Project Advance in Chapel Hill-Carrboro City Schools, if that project is implemented. The State Board shall provide the annual report to the offices of the President Pro Tempore of the Senate and the Speaker of the House of Representatives, the Senate Appropriations•ase Budget Committee, the House Committee on Appropriations, 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. "(g) Of the funds appropriated to the Department of Public Instruction by this act for the 2016-2017 fiscal year to support teacher compensation models and advanced teaching roles, the Department may use up to two hundred thousand dollars ($200,000) for the State Board of Education to contract with an independent research organization for the pilot evaluations. Any remaining funds may be used to award funds to selected local school administrative units for the implementation of the pilots in accordance with this section. Funds appropriated to the Department of Public Instruction for the 2016-2017 fiscal year for the pilot and for the evaluation of the pilot shall not revert at the end of the fiscal year but shall remain available until expended. "(h) It is the intent of the General Assembly to appropriate from the General Fund to the Department of Public Instruction for the 2017-2018 fiscal year the sum of nine million eight hundred thousand dollars ($9,800,000) for the award of funds to selected local school administrative units for the pilots in accordance with this section. Funds awarded to the local school administrative units shall be awarded in proportion to the current expenditure of the pilot local school administrative unit on teacher salaries. "(i) Flexibility for Local School Administrative Units. - Notwithstanding G.S. 115C-301 , local school administrative units receiving grants under this program may exceed the maximum class size requirements for kindergarten through third grade." Session Laws 2019-248, s. 2(b), repealed Session Laws 2017-57, s. 7.15(a), and reenacted Session Laws 2016-94, s. 8.7(i) as set out above. Session Laws 2016-94, s. 8.7, is repealed by Session Laws 2020-78, s. 2.6(a)(1), effective June 30, 2021. Session Laws 2020-78, s. 2.6(a)(2) and (a)(3), repealed Session Laws 2017-57, ss. 7.11(a) and 7.15(a), (b), effective June 30, 2021. Session Laws 2020-78, s. 2.6(a)(4), repealed Session Laws 2018-5, s. 7.9, effective June 30, 2021. Session Laws 2020-78, s. 2.6(a)(5), repealed Session Laws 2018-97, s. 2.6, effective June 30, 2021. Editor's Note. - Session Laws 2015-241, s. 8A.3(b), provides: "Notwithstanding G.S. 115C-301 , as amended by this section, and any other provision of law, for the 2015-2016 and 2016-2017 school years, class size requirements in kindergarten through third grade shall remain unchanged." 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. 8.33(b), provides: "Notwithstanding G.S. 115C-301 , as amended by this section, and any other provision of law, for the 2016-2017 school year, class size requirements in kindergarten through third grade shall remain unchanged. The class size requirements set forth in G.S. 115C-301 shall apply beginning with the 2017-2018 school year." Session Laws 2016-94, s. 8.33(b), was repealed by Session Laws 2017-9, s. 1(a), effective April 27, 2017, and applicable beginning with the 2017-2018 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 2017-9, s. 1(b), as amended by Session Laws 2018-2, s. 2(a), provides: "Notwithstanding G.S. 115C-301 , as amended by this act and any other provision of law, for the 2017-2018 and 2018-2019 school years, the average class size for kindergarten through third grade in a local school administrative unit shall not exceed one teacher per 20 students. At the end of the second school month and for the remainder of the school year, the size of an individual class in kindergarten through third grade shall not exceed one teacher per 23 students." Session Laws 2017-9, s. 3, made the amendment to this section by Session Laws 2017-9, s. 2(b), effective April 27, 2017, and applicable beginning with the 2017-2018 school year. Session Laws 2017-57, s. 7.14, as added by Session Laws 2017-197, s. 2.1, provides: "It is the intent of the General Assembly to use the data collected in accordance with the reporting requirements set forth in Section 2 of S.L. 2017-9 to fund a new allotment for program enhancement teachers for local school administrative units beginning with the 2018-2019 fiscal year." Session Laws 2017-57, s. 7.15(b), (c), as amended by Session Laws 2019-248, s. 2(b), provides: "(b) Repealed by Session Laws 2019-248, s. 2(b). "(c) In addition to the schools listed in subsection (b) of this section, schools participating in the following programs may exceed individual class size requirements in kindergarten through third grade for the duration of the programs: "(1) The existing Project LIFT, Inc., program in Charlotte-Mecklenburg Schools (CMS). The schools participating in the Project LIFT, Inc., program are those schools within the feeder area for West Charlotte High School governed by the collaborative agreement between the CMS Board of Education and Project Leadership and Investment for Transformation. "(2) The R3: Career Pathways Program in Pitt County Schools. The schools participating in the R3: Career Pathways Program are funded in part by a multiyear federal Teacher Incentive Fund (TIF) grant." Subsection (b) of Session Laws 2017-57, s. 7.15 expires June 30, 2020. Session Laws 2017-57, s. 7.15(b) is repealed by Session Laws 2020-78, s. 2.6(a)(3), effective June 30, 2021. Session Laws 2017-57, s. 7.15(e), made subsection (c1), as added by Session Laws 2017-57, s. 7.15(d), applicable beginning with the 2017-2018 school year. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, 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 2017-157, s. 1(c), made the amendment to subsection (f) of this section by Session Laws 2017-157, s. 1(b), effective July 21, 2017, and applicable beginning with the 2017-2018 school year. Session Laws 2018-2, s. 2(b), provides: "Notwithstanding G.S. 115C-301 , as amended by this act, and any other provision of law, for the 2019-2020 school year, the average class size for kindergarten through third grade in a local school administrative unit shall not exceed one teacher per 19 students. At the end of the second school month and for the remainder of the school year, the size of an individual class in kindergarten through third grade shall not exceed one teacher per 22 students." Session Laws 2018-2, s. 2(c) provides: "Notwithstanding G.S. 115C-301 , as amended by this act, and any other provision of law, for the 2020-2021 school year, the average class size for kindergarten through third grade in a local school administrative unit shall not exceed one teacher per 18 students. At the end of the second school month and for the remainder of the school year, the size of an individual class in kindergarten through third grade shall not exceed one teacher per 21 students." Session Laws 2018-2, s. 2(d), provides: "The class size requirements set forth in G.S. 115C-301 , as amended by this act, shall apply beginning with the 2021-2022 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 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium." Session Laws 2020-78, s. 22.3, is a severability clause. Effect of Amendments. - Session Laws 2010-31, s. 7.22(a), effective July 1, 2010, deleted the last paragraph in subsection (g), which read: "All allotment adjustments and waivers submitted under this provision shall be reported to the Director of the Budget and to the General Assembly by May 15 of each year." Session Laws 2013-363, s. 3.3(a), effective July 1, 2013, added "for Kindergarten Through Third Grade" in the subsection heading; in subsection (c), substituted "kindergarten through third grade" for "each grade span"; deleted the former last sentence, which read "At no time may the General Assembly appropriate funds for higher unit-wide class averages than those for which State funds were provided during the 1984-85 school year" and added the present last sentence; deleted subsections (d), (e), (i), pertaining to maximum teaching load, alternative maximum class sizes and penalty for noncompliance, respectively, and subdivisions (g)(1) and (g)(2); in subsection (f), deleted "the teaching load of each teacher" following "size of each class" in the second sentence, and substituted "maximums in Kindergarten through third grade" for "and daily teaching load" following "class size" in the last sentence; rewrote subsection (g); and substituted "this section" for "class size and teaching load provisions" in subsection (h). Session Laws 2015-241, s. 8A.3(a), effective July 1, 2015, rewrote subsection (g), and added subsection (j). For applicability, see editor's notes. Session Laws 2016-94, s. 8.33(a), effective July 1, 2016, in subsection (c), added the last sentence in the first paragraph, including subdivisions (c)(1)-(4). See editor's note for applicability. Session Laws 2017-9, s. 2(b), effective April 27, 2017, rewrote this section. For effective date and applicability, see editor's note. Session Laws 2017-57, s. 7.15(d), effective July 1, 2017, added subsection (c1). For applicability, see editor's note. Session Laws 2017-57, s. 7.19, effective July 1, 2017, added subsection (g1). Session Laws 2017-157, s. 1(b), effective July 21, 2017, substituted "October" for "September" in subsection (f). For applicability, see editor's note. Session Laws 2018-2, s. 3(a), effective July 1, 2018, added subsection (a1). Session Laws 2018-2, s. 3(b), effective July 1, 2021, in subdivision (a1)(1), substituted "program enhancement teachers for sixth through twelfth grade" for "program enhancement teachers." Session Laws 2018-2, ss. 3(c)-(e), 5(d), effective March 16, 2018, in subsection (c1), added the heading and "the following classes" at the end of the introductory paragraph, added the subdivision designation (c1)(1), and added subdivision (c1)(2); added subsection (c2); and deleted the last sentence in subdivision (f)(2)a., which read "For the purposes of this subdivision, program enhancement teachers are teachers who teach any of the following: 1. Arts disciplines, including dance, music, theater, and the visual arts. 2. Physical education and health programs. 3. World languages."
Source: official North Carolina text · Last verified 2026-08-27
Frequently Asked Questions About North Carolina § 115C-301
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Section 115C-301 ("Allocation of teachers; class size.") 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.
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