North Carolina § 115C-75 - 7. Selection of innovative schools.

§ 115C-75. 7. Selection of innovative schools.

State Board Selection. - The State Board of Education shall only select schools for transfer to the ISD in accordance with this section. Evaluation Process. - The selection of innovative schools shall be based on an analysis and evaluation of performance of qualifying schools over a three-year period as follows: Qualifying list. - In the first school year in which a school has been identified as a qualifying school based on data from the previous school year, the school shall be placed on the ISD qualifying list. By November 15, the ISD Superintendent shall notify the superintendent and local board of education of that school's status and provide that school's performance data, considerations for improvement, and any additional information deemed necessary by the ISD Superintendent. The local board of education shall notify parents of students enrolled in the qualifying school by electronic mail or the parents' preferred method of written communication of (i) the school's status, (ii) potential impacts of the designation, including becoming an innovative school, (iii) plans for improvement of the school, and (iv) any additional information deemed necessary by the local board of education. Watch list. - If a school that was on the qualifying list in the prior school year remains a qualifying school in the next school year, the school shall be placed on the ISD watch list. By November 15, the ISD Superintendent shall notify the superintendent and local board of education of that school's status and provide that school's performance data, considerations for improvement, and any additional information deemed necessary by the ISD Superintendent. The local board of education shall notify parents of students enrolled in the qualifying school by electronic mail or the parents' preferred method of written communication of (i) the school's status, (ii) potential impacts of the designation, including becoming an innovative school, (iii) plans for improvement of the school, and (iv) any additional information deemed necessary by the local board of education. Warning list. - If a school that was on the watch list in the prior school year remains a qualifying school in the next school year, the school shall be placed on the ISD warning list. A school shall remain on the ISD warning list until it is either (i) no longer a qualifying school or (ii) is transferred to the ISD. By November 15, the ISD Superintendent shall notify the superintendent and local board of education of that school's status and provide that school's performance data, considerations for improvement, and any additional information deemed necessary by the ISD Superintendent. The local board of education shall do the following: For any qualifying school that is in its first year on the warning list, the local board of education shall hold a public hearing with a minimum of 10 days' notice that meets the following requirements: The local board of education shall provide direct notice of the public hearing to parents of students, employees assigned to that school, and the ISD Superintendent. At the public hearing, the local board of education shall share potential impacts of the designation, including becoming an innovative school, plans for improvement of the school, and any additional information deemed necessary by the ISD Superintendent. The ISD Superintendent shall be provided the opportunity to present at the public hearing, including information about (i) the ISD selection process, (ii) potential impacts of the designation as an innovative school, (iii) potential resources, strategies, and partners for comprehensive support and improvement that can assist in plans for improvement of the school, and (iv) any additional information deemed necessary by the ISD Superintendent. For any qualifying school that was on the warning list during the previous school year, the local board of education shall notify parents of students enrolled in the qualifying school by electronic mail or the parents' preferred method of written communication of (i) the school's status, (ii) potential impacts of the designation, including becoming an innovative school, (iii) plans for improvement of the school, and (iv) any additional information deemed necessary by the local board of education. Present information at a regularly scheduled public meeting of the board of commissioners of the county in which the local school administrative unit is located on the school's performance while on an ISD list and efforts by the local board of education to improve the school's performance. The board of commissioners shall provide an opportunity for the presentation and shall notify the board of education of the public meeting at which the presentation shall occur. The local board of education shall provide notice of the date and time of the public meeting at which the presentation will occur to the ISD Superintendent 10 days prior to the meeting and provide the opportunity to the Superintendent to present as part of the presentation at the public meeting. Support Process. - The State Board of Education shall ensure that qualifying schools identified for any ISD list are engaged in strategies in compliance with federal and State law for comprehensive support and improvement. The State Board of Education may establish criteria for the selection of independent turnaround school consultants in a pay-for-performance model to provide direct support for qualifying schools. The ISD Superintendent shall monitor those schools and assist local boards of education in identifying funding, strategies, and partners for comprehensive support and improvement efforts. Local Board of Education Action. - Local boards of education shall identify and engage in strategies in compliance with federal and State law for comprehensive support and improvement of qualifying schools. A local board of education member with an immediate family member, as defined in G.S. 115C-12.2, who is employed by that local board of education and assigned to the qualifying school, shall recuse himself or herself from any actions by the board directly related to that qualifying school. Selection Process. - A school shall be selected by the State Board as an innovative school beginning with the next school year if it meets the following criteria: The school was on the ISD warning list in the previous school year. The school remains a qualifying school in the current school year based on data from the previous school year. The school is one of the lowest five schools that meet the criteria in both subdivision (1) and subdivision (2) of this subsection, as measured by school performance scores. Voluntary Selection. - If fewer than five schools are selected pursuant to subsection (c) of this section in any given year, a local board of education, upon the recommendation of the ISD Superintendent, may request that the State Board of Education select a qualifying school under the control of that local board as an innovative school, provided that no more than five schools are selected that year in total. Public Notification. - The list of schools on the ISD qualifying, watch, and warning lists and selected innovative schools shall be made publically available on a Web site maintained by the ISD. Waivers for Innovative Schools. - The ISD Superintendent may request a waiver from the State Board of Education of State Board of Education rules, regulations, policies, and procedures, or the provisions of this Chapter for innovative schools; however, innovative schools shall be required to comply with, at a minimum, the statutory requirements for charter schools as provided in Article 14A of this Chapter. The goal for each waiver shall be improvement of student performance. All innovative schools shall comply with all applicable constitutional and statutory nondiscrimination requirements. Notwithstanding G.S. 115C-105.26, the State Board of Education may grant a requested waiver of State laws or rules for an innovative school pursuant to this subsection, except for a waiver of State laws or rules applicable to children with disabilities and any of the other requirements set forth in this subsection. History (2016-110, s. 1; 2017-57, s. 7.26E(a), (f); 2018-145, s. 27(b); 2019-248, s. 1(a).) Editor's Note. - Session Laws 2016-110, s. 7, provides: "This act becomes effective only if funds are appropriated by the Current Operations Appropriations Act of 2016 for the Achievement School District." The appropriation was made in the reserve for pending legislation in the budget bill. Session Laws 2016-110, s. 8, as amended by Session Laws 2017-57, s. 7.26E(f), as amended by Session Laws 2018-145, s. 27(b), and as amended by Session Laws 2019-248, s. 1(f), provides: "This act is effective when it becomes law [July 22, 2016] and supervision of innovative schools by the Innovative School District shall begin with the 2018-2019 school year. In the discretion of the State Board of Education (i) the ISD Superintendent may not be required during the 2017-2018 school year to recommend qualifying schools for inclusion in the ISD for the 2018-2019 school year and (ii) the time line for selection of innovative schools for the 2018-2019 school year provided in G.S. 115C-75.7 may be varied, but in no event may the local board of education's decision occur later than April 1, 2018." 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 2018-145, s. 27(a), provides: "Notwithstanding G.S. 115C-75.7 , the Wayne County Board of Education may apply, no later than February 1, 2019, to the State Board of Education for authorization to adopt the restart model for the operation of Carver Heights Elementary School pursuant to G.S. 115C-105.37 B(a)(2). Application to the State Board for operation of Carver Heights Elementary School as a restart model school shall be in lieu of adopting a resolution by February 1, 2019, on whether the Wayne County Board of Education has determined to (i) close the elementary school or (ii) transfer the elementary school into the North Carolina Innovative School District (ISD) as a prospective innovative school selected by the State Board for the 2019-2020 school year. However, notwithstanding any provision of Article 7A of Chapter 115C of the General Statutes to the contrary, Carver Heights Elementary School may still be transferred to the ISD in accordance with the following: "(1) If the Wayne County Board of Education applies to the State Board to operate Carver Heights Elementary School as a restart model school and one of the following occurs: "a. The State Board does not authorize that Carver Heights Elementary School be operated as a restart model school based on the local board of education's application. The school shall then be transferred to the ISD beginning with the 2019-2020 school year. "b. The State Board authorizes that Carver Heights Elementary School be operated as a restart model school beginning with the 2019-2020 school year and, at the conclusion of the 2020-2021 school year, the school still meets the definition of a qualifying school under G.S. 115C-75.5(5) , notwithstanding the provision in that definition that the school had not adopted one of the models established in G.S. 115C-105.37 B for the immediately prior school year. The school shall then be transferred to the ISD beginning with the 2021-2022 school year. "(2) If the Wayne County Board of Education fails to apply to the State Board of Education for authorization to adopt the restart model for the operation of Carver Heights Elementary School pursuant to this section by February 1, 2019, and has taken no other action as required by G.S. 115C-75.7(c) , the school shall then be transferred to the ISD beginning with the 2019-2020 school year." Session Laws 2019-248, s. 1(c), as amended by Session Laws 2020-3, s. 2.6(b), provides: "For the purposes of this subsection, a qualifying school is as defined by G.S. 115C-75.5(5) , as amended by this act. Notwithstanding G.S. 115C-75.7 , as amended by this act, the State Board of Education shall select the following schools to become innovative schools: "(1) Repealed by Session Laws 2020-3, s. 2.6(b), effective May 4, 2020. "(2) The lowest scoring qualifying school in the State identified based on the school performance score calculated from data for the 2020-2021 school year to become an innovative school in the 2022-2023 school year." Session Laws 2019-248, s. 1(d), provides: "The State Board of Education shall select all innovative schools, as required by G.S. 115C-75.7(a) , as amended by this act, no earlier than the 2022-2023 school year for inclusion in the Innovative School District beginning with the 2023-2024 school year, unless a local board of education requests selection prior to that year." Session Laws 2019-248, s. 1(e), provides: "The State Superintendent of Education and the ISD Superintendent shall jointly study the following and report on any recommendations and suggested legislative changes to the Joint Legislative Education Oversight Committee no later than March 15, 2020: "(1) Options for innovative schools. - Structure of innovative schools and types of partnerships with IS operators or other entities that provide effective options and ensure flexibility for the Innovative School District (ISD) to best address the needs of innovative schools and students. This recommendation should take into consideration, but is not limited to, factors such as length of time of an innovative school in the ISD, role or relationship of the local board of education with the ISD and innovative school, and types of entities and contract terms that the ISD should use to establish options for selecting the most appropriate entity to serve the innovative school. "(2) Reform of low-performing school models. - Alignment of requirements in Chapter 115C of the General Statutes for identification and reform of low-performing and continually low-performing schools, including Part 3 of Article 8B of Chapter 115C of the General Statutes, with other reform efforts in State and federal law, to ensure a comprehensive and efficient approach to support and improvement of those schools that does not create redundancies." Session Laws 2019-248, s. 3, made amendments by Session Laws 2019-248, s. 1(a), effective November 11, 2019, and applicable beginning with schools identified as qualifying schools for the 2019-2020 school year, based on data from the 2018-2019 school year. Session Laws 2020-3, s. 2.1, as amended by Session Laws 2020-49, s. 3(a), provides: "For the purposes of this Part, the following definitions apply: "(1) Authority. - State Education Assistance Authority. "(2) Coronavirus disease 2019 (COVID-19) emergency. - The period beginning March 10, 2020, and continuing until the Governor signs an executive order rescinding Executive Order No. 116 (Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19). "(3) Federal testing waiver. - The testing waiver granted to the State Board of Education by the United States Department of Education for the 2019-2020 school year, pursuant to section 8401(b) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended, which, pursuant to G.S. 115C-174.11 , eliminated the collection of certain student assessment data for the 2019-2020 school year. "(4) Modified calendar school. - A school that a local board designated as having a modified calendar for the 2003-2004 school year or any school that was part of a planned program in the 2003-2004 school year for a system of modified calendar schools, so long as the school operates under a modified calendar. "(5) State Board. - The State Board of Education. "(6) Year-round school. - A school with a single or multi-track instructional calendar that was adopted prior to March 1, 2020, and provides instructional days in compliance with Section 2.11(b)(1) of this Part throughout the entire school calendar year, beginning July 1 and ending June 30, by utilizing at least one of the following plans: "a. A plan dividing students into four groups and requiring each group to be in school for assigned and staggered quarters each school calendar year. "b. A plan providing students be scheduled to attend an average of between 44 and 46 instructional days followed by an average of between 15 and 20 days of vacation, repeated throughout the school calendar year. "c. A plan dividing the school calendar year into five nine-week sessions of classes and requiring each student to attend four assigned and staggered sessions out of the five nine-week sessions to complete the student's instructional year." Session Laws 2020-3, s. 2.2, provides: "The purpose of this Part is to clarify or modify certain requirements in consideration of actions and circumstances related to the COVID-19 emergency, including, but not limited to, the federal testing waiver and the closure of schools for in-person instruction during the 2019-2020 school year." Session Laws 2020-3, s. 2.6(a), provides: "Notwithstanding the provisions of G.S. 115C-75.7 and G.S. 115C-105.37 A(d), for the 2020-2021 school year, the following applies: "(1) The State Board shall not identify any additional schools as qualifying schools for the Innovative School District based on data from the 2019-2020 school year. "(2) Schools identified as qualifying schools for the 2019-2020 school year based on data from the 2018-2019 school year shall remain on the qualifying list, and the provisions of G.S. 115C-75.7(b1) , (b2), and (d) shall continue to apply to these schools." Session Laws 2020-3, s. 5, is a severability clause. Effect of Amendments. - Session Laws 2017-57, s. 7.26E(a), effective July 1, 2017, substituted "innovative school" for "achievement School," "IS operator" for "AS operator," and "ISD" for "ASD" throughout the section; added "elementary" following "five qualifying" in the first sentence of subsection (a); in subsection (b) substituted "October 15" for "November 15", and "December 15" for "January 15"; substituted "February 1" for "March 1" in the second to last sentence in subsection (c); in subsection (e), substituted "request a waiver from the State Board of Education" for "waiver" and added the last sentence. Session Laws 2019-248, s. 1(a), rewrote the section. For effective date and applicability, see editor's note.