North Carolina § 116-209 - 73. (Repealed effective July 1, 2021) Recipient selection; use of grant funds; duration of grants; reporting requirements.

§ 116-209. 73. (Repealed effective July 1, 2021) Recipient selection; use of grant funds; duration of grants; reporting requirements.

Selection. - After evaluation of grant applications pursuant to G.S. 116-209.72, the nonprofit corporation shall recommend to the Authority the recipients of grants under the Program for each fiscal year. Use of funds. - Each eligible entity that receives grant funds shall use those funds to carry out the following: Recruiting and selecting, based on a rigorous evaluation of the competencies of the school leader candidates participating in the program and their potential and desire to become effective school leaders. Operating a school leader preparation program that provides the opportunity for all candidates to earn a master's degree, if they do not already have one, and subsequent principal licensure by doing the following: Utilizing a research-based content and curriculum, including embedded participant assessments to evaluate candidates before program completion that prepares candidates to do the following: Provide instructional leadership, such as developing teachers' instructional practices and analyzing classroom and school-wide data to support teachers. Manage talent, such as developing a high-performing team. Build a positive school culture, such as building a strong school culture focused on high academic achievement for all students, including gifted and talented students, students with disabilities, and English learners, maintaining active engagement with family and community members, and ensuring student safety. Develop organizational practices, such as aligning staff, budget, and time to the instructional priorities of the school. Providing opportunities for sustained and high-quality job-embedded practice in an authentic setting where candidates are responsible for moving the practice and performance of a subset of teachers or for school-wide performance as principal-in-planning or interim school leaders. Collecting data on program implementation and program completer outcomes for continuous program improvement. Duration of Grants. - The nonprofit corporation shall also recommend to the Authority the duration of grants to eligible entities according to the following: The duration of grants shall be no more than five years in duration. The following conditions shall apply during the grant period: The nonprofit shall develop a process with the Authority for early retrieval of grant funds from grant recipients due to noncompliance with grant terms, including participation in third-party evaluation activities. Grantees shall develop requirements for program graduates to serve as school-based administrators in public schools located in North Carolina. Grantees shall facilitate the execution of promissory notes between the Authority and program participants containing the terms for forgivable scholarship loans, including requirements for forgiveness or repayment, consistent with requirements approved by the nonprofit corporation and the provisions of G.S. 116-209.77. Repealed by Session Laws 2019-60, s. 1(f), effective June 27, 2019. Reporting Requirements for Grant Recipients. - Recipients of grants under the program shall participate in all evaluation activities required by the nonrofit and submit an annual report to the nonprofit corporation contracting with the Authority with any information requested by the nonprofit corporation. The recipients shall comply with additional report requests made by the nonprofit. Whenever practicable and within a reasonable amount of time, grant recipients shall also make all materials developed as part of the program and with grant funds publically available to contribute to the broader sharing of promising practices. Materials shall not include personally identifiable information regarding individuals involved or associated with the program, including, without limitation, applicants, participants, supervisors, evaluators, faculty, and staff, without their prior written consent. The nonprofit corporation shall work with recipients, local school administrative units, and public schools, as needed, to enable the collection, analysis, and evaluation of at least the following relevant data, within necessary privacy constraints: Student achievement in eligible schools. The percentage of program completers who are placed as school leaders within three years in the State. The percentage of program completers rated proficient or above on school leader evaluation and support systems. The percentage of program completers that are school leaders who have remained employed in a North Carolina public school for two or more years of initial placement. History (2018-5, s. 10A.4(b); 2018-145, s. 2(a); 2019-60, s. 1(a), (f), (i).) Section Repealed Effective July 1, 2021. - Session Laws 2019-60, s. 1(i), provides: "Effective July 1, 2021, Part 4 of Article 23 of Chapter 116 of the General Statutes, as amended, is repealed." Editor's Note. - Session Laws 2018-5, s. 39.8, made this section effective July 1, 2018. Session Laws 2018-5, s. 10A.4(f) made it applicable to the administration of the program and the award of grants on or after July 1, 2018. Session Laws 2018-145, s. 2(e), provides: "Notwithstanding G.S. 116-209.73 , a grantee shall not impose the requirement for a program graduate to serve a minimum of four years as a school-based administrator in North Carolina for any program participant who entered the school leader preparation program prior to July 1, 2019." Session Laws 2018-145, s. 2(g), as amended by Session Laws 2019-60, s. 1(c), provides: "For grantees selected for grants prior to January 1, 2019, through the Transforming Principal Preparation Grant Program under G.S. 116-209.73 , the nonprofit corporation contracting with the State Education Assistance Authority pursuant to G.S. 116-209.71 shall transfer to the North Carolina Principal Fellows and TP3 Commission (i) by June 30, 2020, all of the data in its possession that was collected from grant recipients with the term of the grant ending prior to July 1, 2020, in accordance with G.S. 116-209.73 , including any data collected during the 2019-2020 fiscal year and (ii) by June 30, 2021, all of the data in its possession that was collected from grant recipients with the term of the grant ending prior to July 1, 2021, in accordance with G.S. 116-209.73, including any data collected during the 2020-2021 fiscal year." Session Laws 2018-145, s. 2(h), made the amendment of this Part by Session Laws 2018-145, s. 2(a), effective July 1, 2019, and applicable to the administration of the Transforming Principal Preparation Grant Program and the award of grants under the Program on or after that date. Session Laws 2019-60, s. 1(a), repealed Session Laws 2018-145, s. 2(a), effective June 30, 2019. Before its repeal, the amendment by Session Laws 2018-145, s. 2(a), had inserted "and conditions" preceding "of grants" twice; substituted "Commission" for both "nonprofit" and "nonprofit corporation" throughout; in subdivision (c)(1)b., inserted "compliance with the grant terms and" preceding "performance, including"; added subdivision (c)(1a), redesignated former subdivision (c)(1)c. as (c)(1a)a., added the designation for subdivision (c)(1a)b.; in (c)(1a)b., inserted "to provide" following "enforce requirements"; and added the second sentence; and in subsection (d), deleted "contracting with the Authority" preceding "with any information. Session Laws 2019-60, s. 1(o), provides: "Notwithstanding G.S. 116-74.46 , as enacted by this section, a grantee awarded a grant pursuant to G.S. 116-209.73 for the 2019-2020 or 2020-2021 fiscal year may apply to the North Carolina Principal Fellows and TP3 Commission for renewal of the grant in accordance with the requirements of G.S. 116-74.46 . Effective July 1, 2021, a grantee awarded a grant pursuant to G.S. 116-209.73 with a grant term extending on or after July 1, 2021, shall be subject to administration of the grant pursuant to Article 5C of Chapter 116 of the General Statutes, as amended by this section, for the remainder of the grant term. "Notwithstanding G.S. 116-74.48 , as enacted by this section, eligibility for a forgivable scholarship loan under G.S. 116-74.48 shall apply beginning with school leader program participants entering, on or after June 1, 2020, a school leader preparation program that is supported by a grant awarded pursuant to G.S. 116-74.46 ." 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. 2.24(b), provides: "Notwithstanding G.S. 116-209.73(c) (1a)a., the Authority shall not retrieve grant funds for the 2019-2020 fiscal year from a grant recipient based solely on a recipient's failure to require school leader candidates to complete a full-time paid clinical practice of at least five months and 750 hours in duration as required by G.S. 116-209.72(a)(2) e. as part of the program during the 2019-2020 academic year." Session Laws 2020-3, s. 5, is a severability clause. Effect of Amendments. - Session Laws 2019-60, s. 1(f), effective June 27, 2019, rewrote subsection (c).