North Carolina § 115D-31 - 3. Institutional performance accountability.

§ 115D-31. 3. Institutional performance accountability.

Implementation of Accountability Measures and Performance Standards. - The State Board of Community Colleges shall adopt and implement a system of accountability measures and performance standards for the Community College System. At least once every three years, the State Board of Community Colleges shall review, and revise if necessary, the accountability measures and performance standards to ensure that they are appropriate for use in recognition of successful institutional performance. If the State Board determines that accountability measures and performance standards must be revised following a review required by this subsection, the State Board shall report to the Joint Legislative Education Oversight Committee prior to the implementation of any proposed revisions. through (d) Repealed by Session Laws 2000-67, s. 9.7, effective July 1, 2000. Mandatory Performance Measures. - The State Board of Community Colleges shall evaluate each college on the following performance measures: Progress of basic skills students. Repealed by Session Laws 2016-94, s. 10.1, effective July 1, 2016. Performance of students who transfer to a four-year institution. Success rate of students in credit-bearing English courses. Success rate of students in credit-bearing Math courses. , (5) Repealed by Session Laws 2016-94, s. 10.1, effective July 1, 2016. Progress of first-year curriculum students. Publication of Performance Ratings. - Each college shall publish its performance on the measures set out in subsection (e) of this section (i) annually in its electronic catalog or on the Internet and (ii) in its printed catalog each time the catalog is reprinted. Recognition of Successful Institutional Performance. - For the purpose of recognition of successful institutional performance, the State Board of Community Colleges shall evaluate each college on the performance measures set out in subsection (e) of this section. Subject to the availability of funds, the State Board may allocate funds among colleges based on the evaluation of each institution's performance, including at least the following components: Carryforward of Funds Allocated Based on Performance. - A college that receives funds under subsection (g) of this section may retain and carry forward an amount up to or equal to its performance-based funding allocation for that year into the next fiscal year. through (j) Repealed by Session Laws 2013-360, s. 10.5(a), effective July 1, 2013. (6) Repealed by Session Laws 2012-142, s. 8.5, effective July 1, 2012. (7) Curriculum student retention and graduation. (8) Repealed by Session Laws 2012-142, s. 8.5, effective July 1, 2012. (9) Attainment of licensure and certifications by students. The State Board may also evaluate each college on additional performance measures. The Community Colleges System Office shall publish the performance of all colleges on all measures. (1) Program quality evaluated by determining a college's rate of student success on each measure as compared to a systemwide performance baseline and goal. (2) Program impact on student outcomes evaluated by the number of students succeeding on each measure. A college may use funds allocated to it pursuant to this subsection for one-time, performance-based bonuses for faculty and staff. Notwithstanding G.S. 135-1 (7a), a bonus awarded with funds pursuant to this subsection is not compensation under Article 1 of Chapter 135 of the General Statutes. History (1999-237, s. 9.2(a); 2000-67, s. 9.7; 2001-186, s. 1; 2006-66, s. 8.9(a); 2007-230, s. 1; 2007-484, s. 29.5(a); 2007-527, s. 19; 2012-142, s. 8.5; 2013-360, s. 10.5(a); 2014-115, s. 28(f); 2016-94, s. 10.1; 2018-5, s. 9.8.) Editor's Note. - Session Laws 1999-237, s. 9.2(c), made this section effective July 1, 1999. Session Laws 1999-237, s. 9.2(b), provides the State Board of Community Colleges shall report to the Joint Legislative Education Oversight Committee and to the Fiscal Research Division prior to March 1, on an annual basis, on the implementation of this provision. Session Laws 2013-360, s. 10.5(b), effective July 1, 2013, repealed Session Laws 1999-237, s. 9.2(b). Session Laws 1999-237, s. 9.2(c), provides in part that the State Board of Community Colleges shall authorize institutions meeting the new performance standards to carry forward funds from the 2000-2001 fiscal year to the 2001-2002 fiscal year and at the end of subsequent fiscal years. Session Laws 1999-237, s. 30.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1999-2001 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1999-2001 biennium." Session Laws 1999-237, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 1999'." Session Laws 1999-237, s. 30.4, is a severability clause. Session Laws 2011-145, s. 8.14 provides: "The State Board of Community Colleges shall report to the Joint Legislative Education Oversight Committee by March 1, 2012, on a revised set of accountability measures and performance standards by which to evaluate and measure student progress and student success, including measures of graduation rates and course completions. The report shall include a plan to incorporate these revised accountability measures and performance standards into regular formula funding. These revised accountability measures and performance standards shall also be the basis for the allocation of performance funding, in accordance with G.S. 115D-31.3(g) and (h)." Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5 is a severability clause. Session Laws 2012-142, s. 8.6, provides: "Effective for the 2011-2012 reporting year, and notwithstanding G.S. 115D-31.3 , the State Board of Community Colleges shall not require a college to report its performance on the progress of basic skills students as one of the mandatory performance standards prescribed by G.S. 115D-31.3 (e). A college shall not be evaluated on the progress of basic skills students for the purpose of recognizing successful institutional performance or exceptional institutional performance. For each of the remaining seven performance standards on which a college performs successfully, the college may retain and carry forward into the 2013-2014 fiscal year two-sevenths of one percent (2/7 of 1%) of its final fiscal year General Fund appropriations." Session Laws 2013-360, s. 10.5(c), effective July 1, 2013, repealed Session Laws 2012-142, s. 8.6. Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year." Session Laws 2012-142, s. 27.7 is a severability clause. Session Laws 2013-360, s. 10.5(d), (e), provides: "(d) Effective only for the 2011-2012 reporting year, and notwithstanding G.S. 115D-31.3 , the State Board of Community Colleges shall not require a college to report its performance on the progress of basic skills students as part of the mandatory performance standards prescribed by G.S. 115D-31.3 (e), as amended by this section. In distributing performance-based funding allocations for the 2013-2014 fiscal year, notwithstanding G.S. 115D-31.3, the State Board of Community Colleges shall not consider the progress of basic skills students or the attainment of GED diplomas for the purpose of recognizing successful institutional performance. However, the State Board of Community Colleges shall distribute a portion of the Basic Skills block grant appropriated under this act for the 2013-2014 fiscal year based on the number of GED diplomas awarded by each college. "(e) Beginning with the 2012-2013 reporting year, the State Board of Community Colleges shall require a college to report its performance on all eight of the mandatory performance standards prescribed by G.S. 115D-31.3(e) , as amended by this section." 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 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Effect of Amendments. - Session Laws 2006-66, s. 8.9(a), effective June 30, 2006, added subsection (j). Session Laws 2007-230, s. 1, effective July 18, 2007, substituted "Institutional performance accountability" for "Performance budgeting" in the section heading; and rewrote subsections (a) through (h). Session Laws 2007-484, s. 29.5, effective January 1, 2008, in subdivision (j)(1), deleted "or Tier 2" following "Tier 1" and substituted "G.S. 143B-437.08" for "G.S. 105-129.3." Session Laws 2007-527, s. 19, effective August 31, 2007, in subsection (j), added "meets all of the following" at the end of the introductory paragraph; in subdivision (j)(1) substituted "G.S. 143B-437.08" for "G.S. 105-129.3"; and made minor stylistic and punctuation changes. Session Laws 2012-142, s. 8.5, effective July 1, 2012, rewrote the section. Session Laws 2013-360, s. 10.5(a), effective July 1, 2013, rewrote subsections (a), (e), and (g); added subsection (g1); and deleted subsections (h), (i), and (j), which pertained to recognition for exceptional institutional performance, permissible use of funds, and use of funds in low-wealth counties, repectively. Session Laws 2014-115, s. 28(f), effective August 11, 2014, substituted "adult high school equivalency" for "General Educational Development (GED)" in subdivision (e)(2). Session Laws 2016-94, s. 10.1, effective July 1, 2016, deleted "eight" preceding "performance measures" at the end of subsection (e) and in the first sentence in subsection (g); deleted subdivisions (e)(2), (e)(4) and (e)(5), pertaining to attainment of adult high school equivalency diplomas, success of developmental students in subsequent college-level English courses, and success of developmental students in subsequent college-level math courses, respectively; added subdivisions (e)(3a) and (e)(3b); substituted "measures" for "eight measures" wherever it appeared in subsection (f). Session Laws 2018-5, s. 9.8, effective July 1, 2018, added the second paragraph in subsection (g).