North Carolina § 115C-47 - Powers and duties generally.

§ 115C-47. Powers and duties generally.

In addition to the powers and duties designated in G.S. 115C-36 , local boards of education shall have the power or duty: To Provide the Opportunity to Receive a Sound Basic Education. - It shall be the duty of local boards of education to provide students with the opportunity to receive a sound basic education and to make all policy decisions with that objective in mind, including employment decisions, budget development, and other administrative actions, within their respective local school administrative units, as directed by law. To Establish and Maintain Kindergartens. Local boards of education shall provide for their respective local school administrative unit kindergartens as a part of the public school system for all children living in the local school administrative unit who are eligible for admission pursuant to sub-subdivision c. of this subdivision provided that funds are available from State, local, federal, or other sources to operate a kindergarten program as provided in this subdivision. (1a) a. To Establish and Maintain Kindergartens. Local boards of education shall provide for their respective local school administrative unit kindergartens as a part of the public school system for all children living in the local school administrative unit who are eligible for admission pursuant to sub-subdivision c. of this subdivision provided that funds are available from State, local, federal, or other sources to operate a kindergarten program as provided in this subdivision. All kindergarten programs so established shall be subject to the supervision of the Department of Public Instruction and shall be operated in accordance with the standards adopted by the State Board of Education, upon recommendation of the Superintendent of Public Instruction. Among the standards to be adopted by the State Board of Education shall be a provision that the Board will allocate funds for the purpose of operating and administering kindergartens to each school administrative unit in the State based on the average daily membership for the best continuous three out of the first four school months of pupils in the kindergarten program during the last school year in that respective school administrative unit. Such allocations are to be made from funds appropriated to the State Board of Education for the kindergarten program. Any child who meets the requirements of G.S. 115C-364 shall be eligible for enrollment in kindergarten. Any child who is enrolled in kindergarten and not withdrawn by the child's parent or legal guardian shall attend kindergarten. Notwithstanding any other provision of law to the contrary, subject to the approval of the State Board of Education, any local board of education may elect not to establish and maintain a kindergarten program. Any funds allocated to a local board of education which does not operate a kindergarten program may be reallocated by the State Board of Education, within the discretion of the Board, to a county or city board of education which will operate such a program. To Exercise Certain Judicial Functions and to Participate in Certain Suits and Actions. - Local boards of education shall have the power and authority to exercise certain judicial functions pursuant to the provisions of G.S. 115C-45 and to participate in certain suits and actions pursuant to the provisions of G.S. 115C-44. To Divide Local School Administrative Units into Attendance Areas. - Local boards of education shall have authority to divide their various units into attendance areas without regard to district lines. To Regulate Extracurricular Activities. - Local boards of education shall make all rules and regulations necessary for the conducting of extracurricular activities in the schools under their supervision, including a program of athletics, where desired, without assuming liability therefor; provided, that all interscholastic athletic activities shall be conducted in accordance with rules and regulations prescribed by the State Board of Education. To Fix Time of Opening and Closing Schools. - The time of opening and closing the public schools shall be fixed under G.S. 115C-84.2. To Regulate Fees, Charges and Solicitations. - Local boards of education shall adopt rules and regulations governing solicitations of, sales to, and fund-raising activities conducted by, the students and faculty members in schools under their jurisdiction, and no fees, charges, or costs shall be collected from students and school personnel without approval of the board of education as recorded in the minutes of said board; provided, this subdivision shall not apply to such textbooks fees as are determined and established by the State Board of Education. The local board of education shall publish a schedule of fees, charges, and solicitations approved by the local board on the local school administrative unit's Web site by October 15 of each school year and, if the schedule is subsequently revised, within 30 days following the revision. To Accept and Administer Federal or Private Funds. - Local boards of education shall have power and authority to accept, receive and administer any funds or financial assistance given, granted or provided under the provisions of the Elementary and Secondary Education Act of 1965 (Public Law 89-10, 89th Congress, HR 2362) and under the provisions of the Economic Opportunity Act of 1964 (Public Law 88-452, 88th Congress, S. 2642), or other federal acts or funds from foundations or private sources, and to comply with all conditions and requirements necessary for the receipt, acceptance and use of said funds. In the administration of such funds, local boards of education shall have authority to enter into contracts with and to cooperate with and to carry out projects with nonpublic elementary and secondary schools, community groups and nonprofit corporations, and to enter into joint agreements for these purposes with other local boards of education. Local boards of education shall furnish such information as shall be requested by the State Board of Education, from time to time, relating to any programs related or conducted pursuant to this subdivision. To Sponsor or Conduct Educational Research. - Local boards of education are authorized to sponsor or conduct educational research and special projects approved by the Department of Public Instruction and the State Board of Education that may improve the school system under their jurisdictions. Such research or projects may be conducted during the summer months and the board may use any available funds for such purposes. To Assure Accurate Attendance Records. - When the governing board of any local school administrative unit shall have information that inaccurate school attendance records are being kept, the board concerned shall immediately investigate such inaccuracies and take necessary action to establish and maintain correct records and report its findings and action to the State Board of Education. To Assure Appropriate Class Size. - It shall be the responsibility of local boards of education to assure that the class size requirements set forth in G.S. 115C-301 for kindergarten through third grade are met. Any teacher who believes that the requirements of G.S. 115C-301 have not been met shall make a report to the principal and superintendent, and the superintendent shall immediately determine whether the requirements have in fact not been met. If the superintendent determines the requirements have not been met, he or she shall make a report to the next local board of education meeting. The local board of education shall take action to meet the requirements of the statute. If the local board cannot organizationally correct the exception, it shall immediately apply to the State Board of Education for additional personnel or a waiver of the class size requirements, as provided in G.S. 115C-301(g). To Determine the School Calendar. - Local boards of education shall determine the school calendar under G.S. 115C-84.2. Repealed by Session Laws 2017-126, s. 12, effective July 20, 2017. To Elect a Superintendent. - The local boards of education shall elect superintendents subject to the requirements and limitations set forth in G.S. 115C-271. To Supply an Office, Equipment and Clerical Assistance for the Superintendent. - It shall be the duty of the various boards of education to provide the superintendent of schools with an office, equipment and clerical assistance as provided in G.S. 115C-277. To Prescribe Duties of Superintendent. - The local boards of education shall prescribe the duties of the superintendent as subject to the provisions of G.S. 115C-276(a). To Remove a Superintendent, When Necessary. - Local boards of education shall remove a superintendent for cause, pursuant to the provisions of G.S. 115C-274(a). To Employ Assistant Superintendent and Supervisors. - Local boards of education have the authority to employ assistant superintendents and supervisors pursuant to the provisions of G.S. 115C-278 and 115C-284(g). To adopt anti-nepotism policies. - Local boards of education shall adopt policies requiring that before any immediate family, as defined in G.S. 115C-12.2, of any board of education member or central office staff administrator, including directors, supervisors, specialists, staff officers, assistant superintendents, area superintendents, superintendents, or principals, shall be employed or engaged as an employee, independent contractor, or otherwise by the board of education in any capacity, such proposed employment or engagement shall be (i) disclosed to the board of education and (ii) approved by the board of education in a duly called open-session meeting. The burden of disclosure of such a conflict of interest shall be on the applicable board member or central office staff administrator. To Make Rules Concerning the Conduct and Duties of Personnel. - Local boards of education, upon the recommendation of the superintendent, shall have full power to make all just and needful rules and regulations governing the conduct of teachers, principals, and supervisors, the kind of reports they shall make, and their duties in the care of school property. To Adopt Rules and Policies Limiting the Noninstructional Duties of Teachers. - Local boards of education shall adopt rules and policies limiting the noninstructional duties assigned to teachers. A local board may temporarily suspend the rules and policies for individual schools upon a finding that there is a compelling reason the rules or policies should not be implemented. These rules and policies shall ensure that: Teachers with initial certification are not assigned extracurricular activities unless they request the assignments in writing and that other noninstructional duties assigned to these teachers are minimized, so these teachers have an opportunity to develop into skilled professionals; Repealed by Session Laws 2015-241, s. 8.45, effective July 1, 2015. The noninstructional duties of all teachers are limited to the extent possible given federal, State, and local laws, rules, and policies, and that the noninstructional duties required of teachers are distributed equitably among employees. To Approve the Assignment of Duties to an Assistant Principal. - Local boards of education shall permit certain duties of the principal to be assigned to an assistant or acting principal pursuant to the provisions of G.S. 115C-289. To Provide for Training of Teachers. - Local boards of education are authorized to provide for the training of teachers as provided in G.S. 115C-300. It is the duty of every local board of education to provide for the prompt monthly payment of all salaries due teachers and other school officials and employees, and of all current bills and other necessary operating expenses. All salaries and bills shall be paid as provided by law for disbursing State and local funds. To Provide School Food Services. - Local boards of education shall provide, to the extent practicable, school food services as provided in Part 2 of Article 17 of this Chapter. To Purchase Equipment and Supplies. - Local boards shall contract for equipment and supplies under G.S. 115C-522(a) and G.S. 115C-528. Purchase of Activity Buses with Local Capital Outlay Tax Funds. - Local boards of education are authorized to purchase activity buses with local capital outlay tax funds, and are authorized to maintain these buses in the county school bus garage. Reimbursement to the State Public School Fund shall be made for all maintenance cost including labor, gasoline and oil, repair parts, tires and tubes, antifreeze, etc. Labor cost reimbursements and local funds may be used to employ additional mechanics so as to insure that all activity buses owned and operated by local boards of education are maintained in a safe mechanical condition. Replacement units for activity buses shall be financed with local funds. To Secure Liability Insurance. - Local boards of education are authorized to secure liability insurance, as provided in G.S. 115C-42, so as to waive their immunity for liability for certain negligent acts of their employees. To Reimburse the Additional Cost of Automobile Liability Coverage for School Social Workers Required to Transport Students. - Unless a local board of education otherwise provides for liability insurance coverage of a school social worker who is required to transport students under G.S. 115C-317.1, a local board of education may require a school social worker who is required to transport students as provided under G.S. 115C-317.1 to increase the liability limits or add a business-use rider, or both, on that employee's personal automobile liability insurance policy for the purpose of transporting students within the course of that employee's work duties, only if the board reimburses the employee for the additional premium charged, up to the maximum additional amount charged to a person with up to two points assessed under the Safe Driver Incentive Plan pursuant to G.S. 58-36-65, for the increased liability limits or the added rider, or both. If a local board of education provides access to its buildings and campus and the student information directory to persons or groups which make students aware of occupational or educational options, the local board of education shall provide access on the same basis to official recruiting representatives of the military forces of the State and of the United States for the purpose of informing students of educational and career opportunities available in the military. Repealed by Session Laws 1987, c. 571, s. 2. To Enter Lease Purchase and Installment Purchase Contracts. - Local boards may enter into lease purchase and installment purchase contracts as provided in G.S. 115C-528. To Enter Guaranteed Energy Savings Contracts for Energy Conservation Measures. - Local boards may purchase energy conservation measures by guaranteed energy savings contracts pursuant to Part 2 of Article 3B of Chapter 143 of the General Statutes. To Authorize the Observance of a Moment of Silence. - To afford students and teachers a moment of quiet reflection at the beginning of each day in the public schools, to create a boundary between school time and nonschool time, and to set a tone of decorum in the classroom that will be conducive to discipline and learning, each local board of education may adopt a policy to authorize the observance of a moment of silence at the commencement of the first class of each day in all grades in the public schools. Such a policy shall provide that the teacher in charge of the room in which each class is held may announce that a period of silence not to exceed one minute in duration shall be observed and that during that period silence shall be maintained and no one may engage in any other activities. Such period of silence shall be totally and completely unstructured and free of guidance or influence of any kind from any sources. To Require the Display of the United States and North Carolina Flags, and to Require the Recitation of the Pledge of Allegiance. - Local boards of education shall adopt policies to (i) require the display of the United States and North Carolina flags in each classroom, when available, (ii) require that recitation of the Pledge of Allegiance be scheduled on a daily basis, and (iii) provide age-appropriate instruction on the meaning and historical origins of the flag and the Pledge of Allegiance. These policies shall not compel any person to stand, salute the flag, or recite the Pledge of Allegiance. If flags are donated or are otherwise available, flags shall be displayed in each classroom. Repealed by Session Laws 2014-13, s. 2, effective June 19, 2014. See now G.S. 115C-407.30 et seq. To Allow and Encourage the Reading and Posting of Documents on the History of the United States and With Historical Significance for the United States. Local boards of education shall allow and may encourage any public school teacher or administrator to read or post in a public school building, classroom, or event excerpts or portions of writings, documents, and records that reflect the history of the United States, including, but not limited to: The preamble to the North Carolina Constitution. The Declaration of Independence. The United States Constitution. The Mayflower Compact. The national motto. The National Anthem. The Pledge of Allegiance. The writings, speeches, documents, and proclamations of the founding fathers and Presidents of the United States. Decisions of the Supreme Court of the United States. Acts of the Congress of the United States, including the published text of the Congressional Record. Local boards, superintendents, principals, and supervisors shall not allow content-based censorship of American history in the public schools of this State, including religious references in these writings, documents, and records. Local boards and professional school personnel may develop curricula and use materials that are limited to specified topics, provided the curricula and materials are aligned with the standard course of study or are grade level appropriate. A local school administrative unit may display on real property controlled by that local school administrative unit documents and objects of historical significance that have formed and influenced the United States legal or governmental system and that exemplify the development of the rule of law, such as the Magna Carta, the Mecklenburg Declaration, the Ten Commandments, the Justinian Code, and documents set out in sub-subdivision a. of this subdivision. Such displays are subject to the following requirements: The display may include, but shall not be limited to, documents that contain words associated with a religion; provided, however, no display shall seek to establish or promote religion or to persuade any person to embrace a particular religion, denomination of a religion, or other philosophy. The display of a document containing words associated with a religion shall be in the same manner and appearance generally as other documents and objects displayed and shall not be presented or displayed in any fashion that results in calling attention to it apart from the other displayed documents and objects. The display also shall be accompanied by a prominent sign quoting the First Amendment of the United States Constitution as follows: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." To Appoint Advisory Councils. - Local boards of education are authorized to appoint advisory councils as provided in G.S. 115C-55 and Article 10 of this Chapter. Local boards of education shall determine the hours of employment for teacher assistants. The Legislative Commission of Salary Schedules for Public School Employees shall include in its report to the General Assembly recommendations regarding hours of employment for teacher assistants and other employees. To Refer All Students Who Drop Out of the Public Schools to Appropriate Services. - Local boards of education shall refer all students who drop out of the public schools to appropriate services. When appropriate public school services such as extended day programs are available, the local boards shall refer the students to those services. When appropriate public school programs are not available or are not suitable for certain students, the local board shall refer the students to the community college system or to other appropriate services. To Establish Alternative Learning Programs and Develop Policies and Guidelines. - Each local board of education shall establish at least one alternative learning program and shall adopt guidelines for assigning students to alternative learning programs. These guidelines shall include (i) a description of the programs and services to be provided, (ii) a process for ensuring that an assignment is appropriate for the student and that the student's parents are involved in the decision, and (iii) strategies for providing alternative learning programs, when feasible and appropriate, for students who are subject to long term suspension or expulsion. In developing these guidelines, local boards shall consider the State Board's standards developed under G.S. 115C-12(24). Local boards of education shall have sole authority to select and procure supplementary instructional materials, whether or not the materials contain commercial advertising, pursuant to the provisions of G.S. 115C-98(b). To Approve and Use Textbooks Not Adopted by State Board of Education. - Local boards of education shall have the authority to select, procure, and use textbooks not adopted by the State Board of Education as provided in G.S. 115C-98(b1). To Encourage the Business Community to Facilitate Student Achievement. - Local boards of education, in consultation with local business leaders, shall develop voluntary guidelines relating to after-school employment. The guidelines may include an agreement to limit the number of hours a student may work or to tie the number of hours a student may work to his academic performance, school attendance, and economic need. The General Assembly finds that local boards of education do not currently have information regarding how many of their students are employed after school and how many hours they work; the General Assembly urges local boards of education to compile this critical information so that the State can determine to what extent these students' work affects their school performance. To Establish Work-Based Opportunities and Encourage High School to Work Partnerships. - Each local board of education shall offer at least two work-based learning opportunities that are related to career and technical education instruction in the local school administrative unit as required by G.S. 115C-157. Local boards of education shall also encourage high schools and local businesses to partner, specifically to target students who may not seek higher education, and facilitate high school to work partnerships. Local businesses shall be encouraged to work with local high schools to create opportunities for students to complete a job shadow, internship, or apprenticeship. Students may also be encouraged to tour the local business or clinic, meet with employees, and participate in career and technical student organizations. Waiver forms shall be developed in collaboration with participating businesses for the protection of both the students and the businesses. To produce school building improvement reports. - Each administrative unit shall produce school building improvement reports for each school building in the local school administrative unit, in accordance with G.S. 115C-12(9)c3. To Report All Acts of School Violence. - Local boards of education shall report all acts of school violence to the State Board of Education in accordance with G.S. 115C-12(21). To purchase group accident and health insurance for students. - Local boards of education may purchase group accident, group health, or group accident and health insurance for students in accordance with G.S. 58-51-81. To Establish School Improvement Teams. - Local boards shall adopt a policy to ensure that each principal has established a school improvement team under G.S. 115C-105.27 and in accordance with G.S. 115C-288(l) and that the composition of the team complies with G.S. 115C-105.27(a). Local boards shall direct the superintendent or the superintendent's designee to provide appropriate guidance to principals to ensure that these teams are established and that the principals work together with these teams to develop, review, and amend school improvement plans for their schools. To Adopt Policies Related to Student Retention Decisions. - Local boards shall adopt policies related to G.S. 115C-45(c) that include opportunities for parents and guardians to discuss decisions to retain students. Adopt School Risk Management Plans. - Each local board of education shall, in coordination with local law enforcement and emergency management agencies, adopt a School Risk Management Plan (SRMP) relating to incidents of school violence for each school in its jurisdiction. In constructing and maintaining these plans, local boards of education and local school administrative units shall utilize the School Risk and Response Management System (SRRMS) established pursuant to G.S. 115C-105.49A. These plans are not a public record as the term "public record" is defined under G.S. 132-1 and shall not be subject to inspection and examination under G.S. 132-6. To Encourage Recycling in Public Schools. - Local boards of education shall encourage recycling in public schools and may develop and implement recycling programs at public schools. Local boards of education shall comply with G.S. 160A-327. Recodified as G.S. 115C-375.3 by Session Laws 2005-22, s. 3(a), effective April 28, 2005. Local boards of education are encouraged to adopt policies that require superintendents to assign to the core academic courses, in seventh through ninth grades, teachers who have at least four years' teaching experience and who have received within the last three years an overall rating on a formal evaluation that is at least above standard. Recodified as G.S. 115C-375.4 by Session Laws 2005-22, s. 4(a), effective April 28, 2005. To Report Certain Incidents of Seclusion and Restraint. - Local boards of education shall maintain a record of incidents reported under G.S. 115C-391.1(j)(4) and shall provide this information annually to the State Board of Education. At the discretion of the board, to adopt policies and procedures authorizing schools that operate programs under G.S. 115C-307(c) to utilize unlicensed health care personnel to perform the technical aspects of medication administration to students. If adopted, the policies and procedures shall be consistent with the requirements of Article 9A of Chapter 90 of the General Statutes and shall include the following: Training and competency evaluation of medication aides as provided for under G.S. 131E-270. Requirements for listing under the Medication Aide Registry as provided for under G.S. 131E-271. Requirements for supervision of medication aides by licensed health professionals or appropriately qualified supervisory personnel consistent with Articles 5, 6, 10, and 16 of Chapter 131E of the General Statutes. To Address the Use of Pesticides in Schools. - Local boards of education shall adopt policies that address the use of pesticides in schools. These policies shall: Require the principal or the principal's designee to annually notify the students' parents, guardians, or custodians as well as school staff of the schedule of pesticide use on school property and their right to request notification. Such notification shall be made, to the extent possible, at least 72 hours in advance of nonscheduled pesticide use on school property. The notification requirements under this subdivision do not apply to the application of the following types of pesticide products: antimicrobial cleansers, disinfectants, self-contained baits and crack-and-crevice treatments, and any pesticide products classified by the United States Environmental Protection Agency as belonging to the U.S.E.P.A. Toxicity Class IV, "relatively nontoxic" (no signal word required on the product's label). Require the use of Integrated Pest Management. As used in this sub-subdivision, "Integrated Pest Management" or "IPM" means the comprehensive approach to pest management that combines biological, physical, chemical, and cultural tactics as well as effective, economic, environmentally sound, and socially acceptable methods to prevent and solve pest problems that emphasizes pest prevention and provides a decision-making process for determining if, when, and where pest suppression is needed and what control tactics and methods are appropriate. To Address Arsenic-Treated Wood in the Classroom and on School Grounds. - Local boards of education shall prohibit the purchase or acceptance of chromated copper arsenate-treated wood for future use on school grounds. Local boards of education shall seal existing arsenic-treated wood in playground equipment or establish a time line for removing existing arsenic-treated wood on playgrounds, according to the guidelines established under G.S. 115C-12(33). Local boards of education are encouraged to test the soil on school grounds for contamination caused by the leaching of arsenic-treated wood. To Address Mercury in the Classroom and on School Grounds. - Local boards of education are encouraged to remove and properly dispose of all bulk elemental mercury, chemical mercury, and bulk mercury compounds used as teaching aids in science classrooms, not including barometers. Local boards of education shall prohibit the future use of bulk elemental mercury, chemical mercury compounds, and bulk mercury compounds used as teaching aids in science classrooms, not including barometers. To Address Science Safety Requirements. - Each local board of education shall certify annually to the State Board of Education that its high school and middle school science laboratories are equipped with appropriate personal protective equipment for students and teachers. Each local board of education shall ensure that its high schools and middle schools comply with all State Board of Education policies related to science laboratory safety. To Address Exposure to Diesel Exhaust Fumes. - Local boards of education shall adopt policies and procedures to reduce students' exposure to diesel emissions. To Ensure that Schools Provide Information Concerning Cervical Cancer, Cervical Dysplasia, Human Papillomavirus, and the Vaccines Available to Prevent These Diseases. - Local boards of education shall ensure that schools provide parents and guardians with information about cervical cancer, cervical dysplasia, human papillomavirus, and the vaccines available to prevent these diseases. This information shall be provided at the beginning of the school year to parents of children entering grades five through 12. This information shall include the causes and symptoms of these diseases, how they are transmitted, how they may be prevented by vaccination, including the benefits and possible side effects of vaccination, and places parents and guardians may obtain additional information and vaccinations for their children. To Ensure That Certain Students Receive Information Annually on Lawfully Abandoning a Newborn Baby. - Not later than August 1, 2008, local boards of education shall adopt policies to ensure that students in grades nine through 12 receive information annually on the manner in which a parent may lawfully abandon a newborn baby with a responsible person, in accordance with G.S. 7B-500. To Encourage Programs for Successful Transition Between the Middle School and High School Years. - Local boards of education are encouraged to adopt policies to implement programs that assist students in making a successful transition between the middle school and high school years. The programs may include Ninth Grade Academies, programs to effectively prepare eighth grade students for the expectations and rigors of high school, early warning systems to flag students not ready for ninth grade and develop plans for those students, mentoring programs that pair upperclassmen with incoming students, and graduation plans for students who have fallen behind and are off track for graduation. To Increase Parental Involvement in Student Achievement and Graduation Preparation. - Local boards of education are encouraged to adopt policies to promote and support parental involvement in student learning and achievement at school and at home and to encourage successful progress toward graduation. These policies may include strategies to increase school communications with parents regarding expectations for students and student progress, graduation requirements, and available course offerings, to provide increased opportunities for parental involvement in schools, and to create an environment in the schools conducive for parental involvement. To ensure funding for graduation projects. - A local board of education shall not require a high school graduation project as a condition of graduation from high school unless the board provides from local funds a method of reimbursement of up to seventy-five dollars ($75.00) for expenses related to the high school graduation project for any student identified as an economically disadvantaged student. To Reduce Suspension and Expulsion Rates and Provide for Academic Progress During Suspensions. - Local boards of education are encouraged to adopt policies and best practices to reduce suspension and expulsion rates and to provide alternative learning programs for continued academic progress for students who have been suspended. To Notify Parents or Legal Guardians of Students Alleged to be Victims of Acts Required to be Reported to Law Enforcement and the Superintendent. - Local boards of education shall adopt a policy on the notification to parents or legal guardians of any students alleged to be victims of any act that is required to be reported to law enforcement and the superintendent under G.S. 115C-288(g). To adopt a code of ethics. - Local boards of education shall adopt a resolution or policy containing a code of ethics, as required by G.S. 160A-86. To Inform the Public About the North Carolina School Report Cards Issued by the State Board of Education. - Each local board of education shall ensure that the report card issued for it by the State Board of Education receives wide distribution to the local press or is otherwise provided to the public. Each local board of education shall ensure that the overall school performance score and grade earned by each school in the local school administrative unit for the current and previous four school years is prominently displayed on the Web site of the local school administrative unit. If any school in the local school administrative unit earned an overall school performance grade of D or F, the local board of education shall provide notice of the grade in writing to the parent or guardian of all students enrolled in that school. To Encourage Student Voter Registration. - Local boards of education are encouraged to adopt policies to promote student voter registration. These policies may include collaboration with county boards of elections to conduct voter registration in high schools. Completion and submission of voter registration forms shall not be a course requirement or graded assignment for students. Repealed by Session Laws 2012-194, s. 55(a), effective July 17, 2012. To Provide a Safe School Environment. - Local boards of education may enter into an agreement with the sheriff, chief of police of a local police department, or chief of police of a county police department to provide security at the schools by assigning volunteer school safety resource officers who meet the selection standards and criteria developed by the head of the appropriate local law enforcement agency and the criteria set out in G.S. 162-26 or G.S. 160A-288.4, as appropriate. To Establish Nonprofit Corporations to Further Authorized Purposes. - Local boards of education may establish, control, and operate a nonprofit corporation that is created under Chapter 55A of the General Statutes and is a tax-exempt organization under the Internal Revenue Code to further their authorized purposes. A nonprofit corporation established as provided in this section shall not have regulatory or enforcement powers and shall not engage in partisan political activity or policy advocacy. Any local board of education that establishes a nonprofit corporation shall make a report annually to the Joint Legislative Education Oversight Committee. Repealed by 2017-4, s. 1, effective March 30, 2017. To adopt a child sexual abuse and sex trafficking training program. - Each local board of education shall adopt and implement a child sexual abuse and sex trafficking training program for school personnel who work directly with students in grades kindergarten through 12, as required by G.S. 115C-375.20. Upon notification from the State Board of Education that the reported exception does not qualify for an allotment adjustment or a waiver under provisions of G.S. 115C-301 , the local board, within 30 days, shall take action necessary to correct the exception, as required in G.S. 115C-301(g) . At the end of October and end of February of each school year, the local board of education, through the superintendent, shall file a report with the Superintendent of Public Instruction, in a format prescribed by the Superintendent of Public Instruction, describing the organization for each school in the local school administrative unit, as required by G.S. 115C-301(f) . In addition to assuring that the requirements of G.S. 115C-301 are met, each local board of education shall also have the duty to provide an adequate number of classrooms to meet the requirements of that statute. Prior to the beginning of each school year, each local board of education shall identify all reports, including local school required reports, that are required at the local level for the school year and shall, to the maximum extent possible, eliminate any duplicate or obsolete reporting requirements and consolidate remaining reporting requirements. No additional reports shall be required at the local level after the beginning of the school year without the prior approval of the local board of education. Prior to the beginning of each school year, each local board of education shall also identify software protocols such as NC Wise that could be used to minimize repetitious data entry by teachers and shall make them available to teachers. Each local board of education shall appoint a person or establish a local paperwork control committee to monitor all reports and other paperwork required of teachers by the central office and to monitor teachers' access to software protocols that minimize repetitious data entry. The local board shall determine salary schedules of employees pursuant to the provisions of G.S. 115C-273 , 115C-285(b), 115C-302.1(i), and 115C-316(b). The authority for boards of education to issue salary vouchers to all school employees, whether paid from State or local funds, shall be a monthly payroll prepared on forms approved by the State Board of Education and containing all information required by the State Board of Education. This monthly payroll shall be signed by the principal of each school. The General Assembly urges local boards to adopt policies that prohibit superintendents from assigning to any alternative learning program any professional public school employee who has received within the last three years a rating on a formal evaluation that is less than above standard. Notwithstanding this subdivision, each local board shall adopt policies based on the State Board's standards developed under G.S. 115C-12(24) . These policies shall apply to any new alternative learning program or alternative school that is implemented beginning with the 2006-2007 school year. Local boards of education are encouraged to apply these standards to alternative learning programs and alternative schools implemented before the 2006-2007 school year. Local boards shall assess on a regular basis whether the unit's alternative schools and alternative learning programs comply with the State Board's standards developed under G.S. 115C-12(24) and whether they incorporate best practices for improving student academic performance and reducing disruptive behavior, are staffed with professional public school employees who are well trained and provided with appropriate staff development, are organized to provide coordinated services, and provide students with high quality and rigorous academic instruction. Local boards of education shall work with local business leaders, including local chambers of commerce, to encourage employers to include and adopt as part of their stated personnel policies time for employees who are parents or guardians to attend conferences with their children's teachers. The Superintendent of Public Instruction shall provide guidance and technical assistance to the local boards of education on carrying out the provisions of this subdivision. Each local board of education shall encourage high schools to designate the Career Development Coordinator or other designee of the local Career and Technical Education administrator to be the point person for local businesses to contact. If the person selected is a teacher, the teacher shall work with the principal and the local Career and Technical Education administrator to find time in the school day to contact businesses and develop opportunities for students. The high school shall include a variety of trades and skilled labor positions for students to interact with and shadow and shall encourage students who may be interested in a job-shadowing opportunity to pursue and set up the job shadow. Each local board of education shall develop a policy with provisions for students who are absent from school while doing a job shadow to make up the work. Students shall not be counted as absent when participating in these work-based learning opportunities or in Career and Technical Education student organization activities. Local boards may determine maximum numbers of days to be used for job-shadowing activities. History (1955, c. 1372, art. 5, ss. 18, 28, 30, 33; art. 6, s. 6; art. 17, s. 7; c. 1185; 1959, c. 1294; 1963, c. 425; c. 688, s. 3; 1965, c. 584, ss. 4, 6; c. 1185, s. 1; 1969, c. 517, s. 2; c. 538; 1973, c. 770, ss. 1, 2; c. 782, s. 31; 1975, c. 150, s. 1; c. 965, s. 3; 1977, c. 1088, s. 4; 1981, c. 423, s. 1; c. 901, s. 1; 1983 (Reg. Sess., 1984), c. 1019, s. 2, 1; c. 1034, s. 16; 1985, c. 436, s. 1; c. 479, ss. 55(c)(4), 55(c)(6); c. 637; c. 757, s. 145(i); 1985 (Reg. Sess., 1986), c. 975, ss. 3, 11; c. 1014, s. 58; 1987, c. 340; c. 414, s. 2; c. 571, s. 2; c. 738, s. 182; 1987 (Reg. Sess., 1988), c. 1025, ss. 9, 15; c. 1086, s. 89(b); 1989, c. 585, s. 2; c. 752, s. 65(b); 1989 (Reg. Sess., 1990), c. 1074, s. 23(b); 1991, c. 706, s. 1; 1991 (Reg. Sess., 1992), c. 900, s. 75.1(f); 1993, c. 114, s. 1; c. 321, s. 139(c); 1993 (Reg. Sess., 1994), c. 716, s. 2; c. 775, s. 5; 1995, c. 455, s. 1; c. 497, ss. 1, 2; 1995 (Reg. Sess., 1996), c. 716, ss. 11, 12, 17; 1997-443, s. 8.38(j)-(l); 1998-194, s. 3; 1998-202, s. 12; 1999-96, s. 7; 1999-237, s. 8.25(a); 1999-373, s. 3; 1999-397, s. 4; 1999-456, s. 35; 2000-67, s. 8.18(b); 2000-140, s. 77; 2001-424, s. 28.17(c); 2001-500, s. 3; 2001-512, s. 12; 2002-103, s. 2; 2002-178, s. 3; 2003-147, s. 4; 2004-118, s. 2; 2004-203, s. 72(b); 2005-22, ss. 3(a), 4(a); 2005-205, s. 5; 2005-276, s. 10.40D(f); 2005-355, s. 2; 2005-446, s. 3; 2006-137, s. 1; 2006-143, s. 2; 2007-59, s. 1; 2007-126, s. 1; 2009-223, s. 1; 2009-330, ss. 1, 2; 2009-403, s. 2; 2009-410, s. 2; 2009-451, s. 7.28; 2009-541, s. 29(a); 2011-91, s. 1; 2011-145, s. 7.13(b), (w); 2011-185, s. 9(a); 2011-379, s. 3; 2011-391, s. 14(b); 2012-142, s. 7A.3(b); 2012-194, s. 55(a); 2013-360, ss. 8.37(a), 8.45(c); 2013-363, s. 3.3(b); 2013-381, s. 12.1(h); 2014-13, s. 2; 2014-111, s. 4; 2015-241, ss. 8.26(a), 8.45, 8A.2; 2015-248, s. 6(b); 2015-264, s. 56.5; 2016-3, 2nd Ex. Sess., s. 1.1; 2017-4, s. 1; 2017-9, s. 2(a); 2017-10, s. 2.3; 2017-57, ss. 7.23H(a), 7.26(b); 2017-126, ss. 6-8, 12; 2017-157, s. 1(a); 2019-212, s. 4(b); 2019-245, s. 4.4(a); 2020-78, s. 2.1(a).) Cross References. - As to the rules of the local board governing the conduct of principals and supervisors, see G.S. 115C-286 . As to the rules of the local board governing the conduct of teachers, see G.S. 115C-308 . Local Modification. - Harnett: 2014-6, s. 6(a). School-Based Child and Family Team Initiative. - Session Laws 2007-323, s. 10.9, provides for the development and implementation of a School-Based Child and Family Team Initiative and Session Laws 2011-145, s. 10.15(a)-(f), established the Initiative. See note at G.S. 115C-105.20 . Executive Order No. 93. - On April 12, 2016, Governor Pat McCrory issued Executive Order No. 93, "To Protect Privacy and Equality," which provides: "WHEREAS, North Carolina's rich legacy of inclusiveness, diversity and hospitality makes North Carolina a global destination for jobs, business, tourists and talent; "WHEREAS, it is the policy of the Executive Branch that government services be provided equally to all people; "WHEREAS, N.C. Gen. Stat. § 160A-499.2 permits municipalities to adopt ordinances prohibiting discrimination in housing and real estate transactions, and any municipality may expand such ordinance consistent with the federal Fair Housing Act; "WHEREAS, N.C. Gen. Stat. § 143-422.2(c) permits local governments or other political subdivisions of the State to set their own employment policies applicable to their own personnel; "WHEREAS, North Carolina law allows private businesses and nonprofit employers to establish their own non-discrimination employment policies; "WHEREAS, N.C. Gen. Stat. § 143-128.2 requires each city, county or other local public entity to adopt goals for participation by minority businesses and to make good faith efforts to recruit minority participation in line with those goals; "WHEREAS, North Carolina law allows a private business or nonprofit to set their own restroom, locker room or shower policies; "WHEREAS, our citizens have basic common-sense expectations of privacy in our restrooms, locker rooms and shower facilities for children, women and men; "WHEREAS, to protect expectations of privacy in restrooms, locker rooms and shower facilities in public buildings, including our schools, the State of North Carolina maintains these facilities on the basis of biological sex; "WHEREAS, State agencies and local governments are allowed to make reasonable accommodations in restrooms, locker rooms and shower facilities due to special individual circumstances; "NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED: "Section 1. Public Services "In the provision of government services and in the administration of programs, including, but not limited to public safety, health and welfare, public agencies shall serve all people equally, consistent with the mission and requirements of the service or program. "Section 2. Equal Employment Opportunity Policy for State Employees "I hereby affirm that the State of North Carolina is committed to administering and implementing all State human resources policies, practices and programs fairly and equitably, without unlawful discrimination, harassment or retaliation on the basis of race, religion, color, national origin, sex, sexual orientation, gender identity, age, political affiliation, genetic information, or disability. "I also affirm that private businesses, nonprofit employers and local governments may establish their own non-discrimination employment policies. "Section 3. Restroom Accommodations "In North Carolina, private businesses can set their own rules for their own restroom, locker room and shower facilities, free from government interference. "Under current law, every multiple occupancy restroom, locker room or shower facility located in a cabinet agency must be designated for and only used by persons based on their biological sex. Agencies may make reasonable accommodations upon a person's request due to special circumstances. "Therefore, when readily available and when practicable in the best judgment of the agency, all cabinet agencies shall provide a reasonable accommodation of a single occupancy restroom, locker room or shower facility upon request due to special circumstances. "All council of state agencies, cities, counties, the University of North Carolina System and the North Carolina Community College System are invited and encouraged to make a similar accommodation when practicable. "Section 4. State Buildings and Facilities Leased to Private Entities "The Department of Administration shall interpret the application of N.C. Gen. Stat. § 143-760 as follows: "When a private entity leases State real property and the property in the lessee's exclusive possession includes multiple occupancy restrooms, locker rooms or other like facilities, the private entity will control the signage and use of these facilities. "All council of state agencies, cities, counties, the University of North Carolina System and the North Carolina Community College System are invited and encouraged to adopt a similar interpretation of N.C. Gen. Stat. § 143-760. "Section 5. Human Relations Commission "Pursuant to N.C. Gen. Stat. § 143B-391, the Human Relations Commission in the Department of Administration shall promote equality and opportunity for all citizens. "The Human Relations Commission shall work with local government officials to study problems and promote understanding, respect and goodwill among all citizens in all communities in North Carolina. "The Human Relations Commission shall receive, investigate and conciliate fair housing, employment discrimination and public accommodations complaints. "The Human Relations Commission shall submit an annual report by April 1st to the Governor detailing the number of complaints received, the number of investigations completed, and the number of conciliations in the preceding calendar year. This report shall also describe any education and outreach efforts made by the Commission in that same calendar year. "Section 6. State Cause of Action for Wrongful Discharge "I support and encourage the General Assembly to take all necessary steps to restore a State cause of action for wrongful discharge based on unlawful employment discrimination. "Section 7. State or Federal Law "Nothing in this section shall be interpreted as an abrogation of any requirements otherwise imposed by applicable federal or state laws or regulations. "IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this twelfth day of April in the year of our Lord two thousand and sixteen." Editor's Note. - Session Laws 1985, c. 479, which in ss. 55(c)(4) and 55(c)(6) amended subdivision (12) of this section, provided in 55(c)(8) and (c)(9): "(8) Nothing in this subsection creates any rights except to the extent that funds are appropriated by the State and the units of local government to implement the provisions of this subsection and the Basic Education Program. "(9) This subsection shall apply to all school years beginning with the 1985-86 school year." This section was amended by Session Laws 1993 (Reg. Sess., 1994), c. 716, s. 2 in the coded bill drafting format provided by G.S. 120-20.1 . The act failed to incorporate the changes made to subdivision (24) by Session Laws 1993, c. 114, s. 1 and failed to include subdivision (36), as added by Session Laws 1993, c. 321, s. 139. Subdivisions (24) and (36) have been set out as above at the direction of the Revisor of Statutes. The new subdivision added by Session Laws 1993 (Reg. Sess., 1994), c. 716, s. 2 has been renumbered subdivision (37) at the direction of the Revisor of Statutes. Session Laws 2001-500, s. 3, added a subdivision (40) relating to emergency response plans. Session Laws 2001-512, s. 12, added a different subdivision (40) relating to recycling in schools. Subdivision (40) as added by Session Laws 2001-512, s. 12 was renumbered as subdivision (41) at the direction of the Revisor of Statutes. Session Laws 2001-512, s. 15, provides: "This act shall not be construed to obligate the General Assembly to appropriate any funds to implement the provisions of this act. Every agency to which this act applies shall implement the provisions of this act from funds otherwise appropriated or available to the agency." Session Laws 2002-103, s. 2, and Session Laws 2002-178, s. 3, each added a subdivision (42) to this section. The subdivision (42) as added by Session Laws 2002-178, s. 3, has been renumbered as subdivision (43) at the direction of the Revisor of Statutes. Session Laws 2003-147, s. 11, provides: "Nothing in this act [giving local boards of education additional purchasing flexibility and encouraging them to use the NC E-Procurement Service] shall be construed to limit the authority of the Department of Administration to develop, implement, and monitor a pilot program for reverse auctions for public school systems as provided in Section 3 of Chapter 107 of the 2002 Session Laws." Session Laws 2005-22, ss. 3(a) and (4)(a), effective April 28, 2005, recodified subdivisions (42) and (44) as G.S. 115C-375.3 and G.S. 115C-375.4 , respectively. Session Laws 2005-276, ss. 7.61(a) and (b), as amended by Session Laws 2010-31, s. 7.22(d), provide: "(a) Funds appropriated for the At-Risk/Alternative Schools allotment and the Improving Student Accountability allotment shall be used consistent with the policies and procedures adopted by the State Board of Education. Priority for use of the funds shall be to (i) provide instructional positions or instructional support positions and/or professional development; (ii) provide intensive in-school and/or after-school remediation; and (iii) purchase diagnostic software and progress monitoring tools. "(b) To remain eligible for funds appropriated for the At-Risklternative Schools allotment and the Improving Student Accountability allotment, local school administrative units must submit a report to the State Board of Education by October 31 of each year detailing the expenditure of the funds and the impact of these funds on student achievement." Session Laws 2005-276, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2005'." Session Laws 2005-276, s. 46.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2005-2007 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2005-2007 fiscal biennium." Session Laws 2005-276, s. 46.5, is a severability clause. Session Laws 2005-446, s. 4, provides: "Before implementing success centers or any other alternative learning program or alternative school in New Hanover County, the New Hanover Board of Education shall comply with G.S. 115C-105.47 A established in Section 2 of this act. The State Board of Education shall submit to the Joint Legislative Education Oversight Committee a copy of the proposal submitted by the New Hanover Board of Education and a copy of any recommendations made by the State Board." Session Laws 2005-446, s. 5, provides: "Nothing in this act requires the North Carolina General Assembly to appropriate funds for the implementation of alternative learning programs or alternative schools." Session Laws 2006-143, s. 3, provides: "Nothing in this act shall be construed to create a private cause of action against the State Board of Education, a local board of education, or their agents or employees." Session Laws 2007-59, s. 6, provides: "The Division of Public Health, Department of Health and Human Services, shall make available sample educational materials that can be provided to parents and guardians. The Division shall provide these materials to (i) local school administrative units for public schools other than charter schools, (ii) the Department of Public Instruction for charter schools, and (iii) the Division of Nonpublic Education, Department of Administration, for nonpublic schools including home schools. These materials may be provided electronically." This section was amended in the coded bill drafting format by Session Laws 2006-143, s. 2, Session Laws 2007-59, s. 1, and Session Laws 2007-126, s. 1. Those acts failed to incorporate previous amendments to this section made by Session Laws 2005-205 and Session Laws 2005-276. At the direction of the Revisor of Statutes, subdivisions (45) through (48), as added by Session Laws 2006-143, s. 2, have been renumbered as subdivisions (47) through (50), subdivision (49), as added by Session Laws 2007-59, s. 1, has been renumbered as subdivision (51), and subdivision (50), as added by Session Laws 2007-126, s. 1, has been renumbered as subdivision (52). Session Laws 2008-187, s. 45.8, amended this section contingent on the enactment of House Bill 359, 2007 Regular Session. House Bill 359 was not enacted. Subdivision (58), as added by Session Laws 2009-541, s. 29(a), was redesignated as subdivision (59) by the Revisor of Statutes. Session Laws 2009-403, s. 7, provides: "The resolution or policy containing a code of ethics that is required by G.S. 160A-86 hall be adopted by each municipality, county, local board of education, unified government, sanitary district, and consolidated city-county on or before January 1, 2011. The governing board may look to model local government codes of ethics for guidance in developing the resolution or policy." Session Laws 2009-403, s. 8, provides: "Except as otherwise provided in this act, this act becomes effective January 1, 2010. All members of governing boards covered by this act shall receive their initial training to comply with G.S. 160A-87 within 12 months after that date." 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. 28.5, is a severability clause. Session Laws 2011-379, s. 1, provides: "This act shall be known as the 'School and Teacher Paperwork Reduction Act.'" Session Laws 2011-379, s. 4, provides: "The Department of Health and Human Services, in consultation with the More at Four Program and the Smart Start Program, shall review all reporting requirements imposed on the public schools relating to the operations of the programs and child care regulation requirements. The Department of Health and Human Services shall reduce the frequency of reporting as appropriate, based upon the review and recommendation of the parties involved. "The Department of Health and Human Services shall report to the General Assembly on its implementation of this section by October 1, 2011." Session Laws 2011-391, s. 14(b), repealed Session Laws 2011-145, s. 7.13(b), which would have amended this section by repealing subdivision (38). Session Laws 2013-360, s. 8.37(b), (b1), and (c), as amended by Session Laws 2014-100, s. 8.8(a), provides: "(b) Grants to local school administrative units, regional schools, and charter schools for panic alarm systems in schools shall be matched on the basis of one dollar ($1.00) in State funds for every one dollar ($1.00) in local funds and shall be used to supplement and not to supplant State, local, and federal funds for panic alarm systems. "The State Board of Education shall include need-based considerations in its criteria for awarding these grants to local school administrative units, regional schools, and charter schools. "(b1) Funds appropriated for the award of panic alarm system grants pursuant to subsection (b) of this section shall not revert at the end of the fiscal year but shall remain available for expenditure until the end of the subsequent fiscal year. "(c) Effective July 1, 2015, every public school shall have a panic alarm system that connects with the nearest local law enforcement agency in the local board of education's emergency response plan." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2013-363, s. 3.3(b), was contingent upon Senate Bill 402, 2013 Regular Session, becoming law. Senate Bill 402 was enacted as Session Laws 2013-360. Session Laws 2013-381, s. 12.1(i), provides: "The Department of Public Instruction is encouraged to improve outreach to high school students on registering to vote when they are eligible, including the curriculum element on instruction in voter registration already provided by G.S. 115C-47(59) and voter registration in public high schools as already allowed by G.S. 163-82.23 ." Session Laws 2013-381, s. 12.1(j), provides, in part: "All voter preregistrations completed and received by the State Board prior to [September 1, 2013] shall be processed and those voters registered, as appropriate." Session Laws 2013-381, s. 60.1, is a severability clause. Session Laws 2014-13, s. 3, is a severability clause. Session Laws 2014-78, s. 6, provides: "Local boards of education shall continue to provide for the efficient teaching of the course content required by the Standard Course of Study as provided under G.S. 115C-47(12) . The current Standard Course of Study remains in effect until official notice is provided to all public school teachers, administrators, and parents or guardians of students enrolled in the public schools of any changes made in the Standard Course of Study by the State Board of Education." Session Laws 2014-100, s. 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. 8.26(k), provides: "(k) By March 1, 2017, each local board of education shall adopt a School Risk Management Plan as required under G.S. 115C-47(40) , as amended by subsection (a) of this section." Session Laws 2015-241, s. 8.26(p), made amendments to this section by Session Laws 2015-241, s. 8.26(a), applicable beginning with the 2015-2016 school year. Session Laws 2015-241, s. 8A.1(a), (b), provides: "(a) The General Assembly finds that some local boards of education have failed to comply with the requirements of the judiciary's decisions in Leandro to provide all public school students the opportunity to receive a sound basic education. Notwithstanding a history of adequate State and local funding and legislatively-granted flexibility in administration, management, and employment at the local level to provide tools to facilitate compliance with Leandro , some local boards of education have failed to take actions sufficient to: "(1) Prevent education bureaucracies from interfering with and overriding accountability measures and education reforms required by State law. "(2) Properly administer the public schools. "(3) Provide high-quality principals in every school and high-quality teachers in every classroom. "(b) It is the intent of the General Assembly in this act to provide the following additional direction, authority, and resources to local boards of education and to the State Board of Education to enable them to correct these deficiencies: "(1) Clarify the role of local boards of education to ensure that their main focus is to provide each public school student with the opportunity to receive a sound basic education, and that all policy decisions should be made with that objective in mind, including employment decisions, budget development, and other administrative actions. "(2) Direct the State Board of Education not to allow waivers of State laws and rules that permit local boards to avoid accountability measures and education reforms required by the State. "(3) Provide additional teacher positions to transition to a lower class size in first grade which, according to research, is optimal for learning at this critical time. "(4) Facilitate the identification of low-performing schools and low-performing local school administrative units. "(5) Provide the State Board of Education with authority to consolidate local school administrative units in contiguous counties as necessary to ensure that all school systems have the size, expertise, and other resources necessary to provide their students with the opportunity to receive a sound basic education. "(6) Provide forty-one million eight hundred forty-six thousand one hundred twenty-three dollars ($41,846,123) in additional funds to increase the base teacher salary paid by the State by six and one-tenth percent (6.1 %)." 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 2017-4, s. 1, effective March 30, 2017, provides: "S.L. 2016-3 and S.L. 2016-99 are repealed." Session Laws 2016-3, 2nd Ex. Sess., s. 1.1, effective March 23, 2016, and applicable to any action taken on or after that date, to any ordinance, resolution, regulation, or policy adopted or amended on or after that date, and to any contract entered into on or after that date, had added subdivision (63), which had established single-sex multiple occupancy bathroom and changing facilities. Session Laws 2017-4, s. 3, provides: "No local government in this State may enact or amend an ordinance regulating private employment practices or regulating public accommodations." Section 3 of this act expires on December 1, 2020. Session Laws 2017-9, s. 3, made the amendment to subdivision (10) by Session Laws 2017-9, s. 2(a), effective April 27, 2017, and applicable beginning with the 2017-2018 school year. Session Laws 2017-10, s. 5.1, is a severability clause. 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. 7.23H(k), made the amendments to subdivisions (30) and (34a) of this section by Session Laws 2017-57, s. 7.23H (a), applicable beginning with the 2017-2018 school year. Session Laws 2017-57, s. 7.26( l ), made the amendment to subdivision (58) by Session Laws 2017-57, s. 7.26(b), applicable beginning with the 2017-2018 school year. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2017-157, s. 1(c), made the amendment to subdivision (10) of this section by Session Laws 2017-157, s. 1(a), effective July 21, 2017, and applicable beginning with the 2017-2018 school year. Session Laws 2019-212, s. 4(c), made subdivision (54a) as added by Session Laws 2019-212, s. 4(b), effective September 4, 2019, and applicable beginning with the 2019-2020 school year. Session Laws 2019-245, s. 4.5, provides, in part: "Each entity required by Section 4.4(a), (b), (c), and (d) to adopt and implement a child sexual abuse and sex trafficking training program shall do so by January 1, 2020, and training shall be required for school personnel beginning with the 2020-2021 school year." Session Laws 2019-245, s. 9(a) is a severability clause. Session Laws 2019-245, s. 9(b) provides: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.” Session Laws 2020-3, s. 2.1, as amended by Session Laws 2020-49, s. 3(a), provides: "For the purposes of this Part, the following definitions apply: "(1) Authority. - State Education Assistance Authority. "(2) Coronavirus disease 2019 (COVID-19) emergency. - The period beginning March 10, 2020, and continuing until the Governor signs an executive order rescinding Executive Order No. 116 (Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19). "(3) Federal testing waiver. - The testing waiver granted to the State Board of Education by the United States Department of Education for the 2019-2020 school year, pursuant to section 8401(b) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended, which, pursuant to G.S. 115C-174.11 , eliminated the collection of certain student assessment data for the 2019-2020 school year. "(4) Modified calendar school. - A school that a local board designated as having a modified calendar for the 2003-2004 school year or any school that was part of a planned program in the 2003-2004 school year for a system of modified calendar schools, so long as the school operates under a modified calendar. "(5) State Board. - The State Board of Education. "(6) Year-round school. - A school with a single or multi-track instructional calendar that was adopted prior to March 1, 2020, and provides instructional days in compliance with Section 2.11(b)(1) of this Part throughout the entire school calendar year, beginning July 1 and ending June 30, by utilizing at least one of the following plans: "a. A plan dividing students into four groups and requiring each group to be in school for assigned and staggered quarters each school calendar year. "b. A plan providing students be scheduled to attend an average of between 44 and 46 instructional days followed by an average of between 15 and 20 days of vacation, repeated throughout the school calendar year. "c. A plan dividing the school calendar year into five nine-week sessions of classes and requiring each student to attend four assigned and staggered sessions out of the five nine-week sessions to complete the student's instructional year." Session Laws 2020-3, s. 2.2, provides: "The purpose of this Part is to clarify or modify certain requirements in consideration of actions and circumstances related to the COVID-19 emergency, including, but not limited to, the federal testing waiver and the closure of schools for in-person instruction during the 2019-2020 school year." Session Laws 2020-3, s. 2.4(b), provides: "Display of School Report Cards. - Notwithstanding G.S. 115C-47(58) , 115C-75.8(d)(7), 115C-218.65, 115C-238.66(11), 116-239.8(b)(14), and Section 6(d)(2) of S.L. 2018-32, public school units are not required to display school report card information for the 2020-2021 school year based on data from the 2019-2020 school year, but shall display a brief explanation that school report cards were not issued for the 2020-2021 school year because assessment data was not collected during the 2019-2020 school year due to COVID-19." Session Laws 2020-3, s. 2.4(d), provides: "School Building Reports. - The requirement for local school administrative units to produce and make public a school building report under G.S. 115C-12(9) c3. and G.S. 115C-47(35) shall not apply for the October 15, 2020, report based on building-level data from the 2019-2020 school year." Session Laws 2020-3, s. 5, is a severability clause. Session Laws 2020-78, s. 2.1(b), made the rewriting of the last sentence in subdivision (6) of this section by Session Laws 2020-78, s. 2.1(a), applicable beginning with the 2020-2021 school year. 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 2004-118, s. 2, effective July 1, 2004, beginning with the 2004-2005 school year, added subdivision (44). Session Laws 2005-205, s. 5, effective July 1, 2006, added subdivision (45). Session Laws 2005-276, s. 10.40D(f), effective July 1, 2005, added subdivision (46). Session Laws 2005-355, s. 2, effective October 1, 2005, added subdivision (25a). Session Laws 2006-137, s. 1, effective July 19, 2006, in subdivision (29a), substituted "Require" for "Encourage" twice, and deleted "or Oath" in the subdivision heading, substituted "shall adopt" for "are encouraged to adopt" in the introductory language, substituted "require" for "provide for" and inserted "when available" in clause (i), and substituted "require that recitation of the Pledge of Allegiance be scheduled on a daily basis" for "provide the opportunity for students to recite the Pledge or Oath of Allegiance on a regular basis" in clause (ii). Session Laws 2006-143, s. 2, added subdivisions (45) through (48). For effective date, see Editor's note. Session Laws 2007-59, s. 1, effective July 1, 2007, added subdivision (49). See Editor's note for applicability. Session Laws 2007-126, s. 1, effective June 27, 2007, and applicable beginning with the 2008-2009 school year, added subdivision (50). Session Laws 2009-223, s. 1, effective June 30, 2009, and applicable beginning with the 2009-2010 school year, inserted "and that the composition of the team complies with G.S. 115C-105-27(a)" at the end of the first sentence in subdivision (38). Session Laws 2009-330, ss. 1 and 2, effective July 24, 2009, rewrote the second paragraph of subdivision (34), and added subdivisions (53) through (55). Session Laws 2009-403, s. 2, effective January 1, 2010, added subdivision (57). Session Laws 2009-410, s. 2, effective August 5, 2009, and applicable beginning with the 2010-2011 school year, added subdivision (56). Session Laws 2009-451, s. 7.28, effective July 1, 2009, added subdivision (58). Session Laws 2009-541, s. 29(a), effective January 1, 2010, and applicable beginning with the 2010-2011 school year, added subdivision (59). Session Laws 2011-91, s. 1, effective May 26, 2011, and applicable beginning with the 2011-2012 school year, added subdivision (34a). Session Laws 2011-145, s. 7.13(w), effective July 1, 2011, deleted the former last sentence of the first paragraph in subdivision (32a), which read: "Upon adoption of policies and guidelines under this subdivision, local boards are encouraged to incorporate them in their safe school plans developed under G.S. 115C-105.47 ." Session Laws 2011-185, s. 9(a), effective October 1, 2011, added subdivision (60). Session Laws 2011-379, s. 3, effective June 27, 2011, and applicable beginning with the 2011-2012 school year, in subdivision (18), in the second paragraph, added "and consolidate remaining reporting requirements" in the first sentence, added the third paragraph, and in the last paragraph, inserted "local" and added "and to monitor teachers' access to software protocols that minimize repetitious data entry." Session Laws 2012-142, s. 7A.3(b), effective July 2, 2012, substituted "is otherwise provided to the public" for "otherwise" and added the last two sentences to subdivision (58). For applicability, see editor's note. Session Laws 2012-194, s. 55(a), effective July 17, 2012, repealed subdivision (60), which related to the unique needs of students with immediate family members in the military and provisions to ensure that those needs are met. Session Laws 2013-360, s. 8.37(a), effective July 1, 2013, substituted "education shall, in coordination with local law enforcement agencies" for "education may" in subdivision (40). Session Laws 2013-360, s. 8.45(c), effective December 1, 2013, added subdivision (61). Session Laws 2013-363, s. 3.3(b), effective July 1, 2013, in subdivision (10), in the first paragraph, deleted "and teaching load" following "class size", and inserted "for kindergarten through third grade" in the first sentence, inserted "or she" in the third sentence, and deleted "and if any of the conditions set out in G.S. 115C-301(g)(1) exist" following "correct the exception" in the last sentence; in the third paragraph, substituted "and the size of each class" for "the size of each class, and the teaching load of each teacher" in the first sentence, and deleted "and daily teaching load" preceding "maximums that exist" in the last sentence. Session Laws 2013-381, s. 12.1(h), effective September 1, 2013, in subdivision (59), deleted "and preregistration" following "registration" at the end of the subdivision heading and the first sentence, and deleted "or preregistration" following "voter registration" in the last sentence. Session Laws 2015-241, s. 8.26(a), effective July 1, 2015, and applicable beginning with the 2015-2016 school year, rewrote subdivision (40). Session Laws 2015-241, s. 8.45, effective July 1, 2015, repealed subdivision (18a)b. Session Laws 2015-241, s. 8A.2, effective July 1, 2015, rewrote subdivision (1). Session Laws 2015-248, s. 6(b), effective March 1, 2016, added subdivision (17a). Session Laws 2015-264, s. 56.5, effective October 1, 2015, added subdivision (62). Session Laws 2016-3, 2nd Ex. Sess., s. 1.1, effective March 23, 2016, added subdivision (63). See editor's note for applicability. Session Laws 2017-4, s. 1, repealed Session Laws 2016-3, which added subdivision (63). Session Laws 2017-9, s. 2(a), effective April 27, 2017, in subdivision (10), added "as required in G.S. 115C-301(g) " to the end of the second paragraph; in the third paragraph, substituted "September and end of February of each" for "the second month of each"; substituted "Superintendent of Public Instruction" for "State Board of Education" twice, and substituted "for each school in the local school administrative unit, as required by G.S. 115C-301(f) " for "of each school, the duties of each teacher, and the size of each class," and deleted the final sentence, which read: "As of February 1 each year, local boards of education, through the superintendent, shall report all exceptions to individual class size maximums that exist at that time." For effective date and applicability, see editor's note. Session Laws 2017-10, s. 2.3, effective May 4, 2017, added the last sentence of subdivision (41). Session Laws 2017-57, s. 7.23H(a), effective July 1, 2017, added "and Article 10 of this Chapter" at the end of subdivision (30); in subsection (34a), inserted "Establish Work-Based Opportunities and" in the subdivision heading, inserted the first sentence, substituted "Local boards of education shall also" for "Each local board of education shall" in the second sentence, and substituted "shall" for "may" in the last sentence. For applicability, see editor's note. Session Laws 2017-57, s. 7.26(b), effective July 1, 2017, substituted "earned an overall school performance grade of D or F" for "awarded a grade of D or F" in subsection (58). For applicability, see editor's note. Session Laws 2017-126, ss. 6-8, and 12, effective July 20, 2017, repealed subdivision (12); and added subdivisions (1a), (29c), and (49a). Session Laws 2017-157, s. 1(a), effective July 21, 2017, substituted "October" for "September" at the beginning of the third paragraph in subdivision (10). For effective date and applicability, see editor's note. Session Laws 2019-212, s. 4(b), added subdivision (54a). For effective date and applicability, see editor's note. Session Laws 2019-245, s. 4.4(a), effective December 1, 2019, added subdivision (64). For applicability, see editor's note. Session Laws 2020-78, s. 2.1(a), effective July 1, 2020, rewrote the last sentence in subdivision (6). For applicability, see editor's note. Legal Periodicals. - For note suggesting that moment of silence statutes may threaten the wall of separation between church and state, in light of Wallace v. Jaffree, 472 U.S. 38, 105 S. Ct. 2479, 86 L. Ed. 2d 29 (1985), see 8 Campbell L. Rev. 125 (1985). For note on Leandro v. State, 346 N.C. 336 , 488 S.E.2d 249 (1997), see 76 N.C.L. Rev. 1481 (1998). For article, "Leandro v. State and the Constitutional Limitation on School Suspensions and Expulsions in North Carolina," see 83 N.C. L. Rev. 1507 (2005). For article, "Long-Term Suspensions and the Right to an Education: An Alternative Approach," see 90 N.C. L. Rev. 293 (2011). For note, "The Class is Greener on the Other Side: How Private Donations to Public Schools Play Into Fair Funding," see 67 Duke L.J. 427 (2017).