North Carolina § 143B-146 - 1. Mission of schools; definitions.

§ 143B-146. 1. Mission of schools; definitions.

It is the intent of the General Assembly that the mission of the residential school community is to challenge with high expectations each child to learn, to achieve, and to fulfill his or her potential. The following definitions apply in this Part: Reserved. Department. - The Department of Health and Human Services. Instructional personnel. - Assistant principals, teachers, instructional personnel, instructional support personnel, and teacher assistants employed in a residential school. Participating school. - A residential school that is required to participate in the Program. Program. - The School-Based Management and Accountability Program developed by the State Board. Residential school. - A school operated by the Department of Health and Human Services that provides residential services to students. For the purposes of this Part, "residential school" does not include a school operated pursuant to Article 9C of Chapter 115C. Residential school personnel. - The individuals included in G.S. 143B-146.16(a)(2). Schools. - The residential schools under the control of the Secretary. Secretary. - The Secretary of Health and Human Services. State Board. - The State Board of Education. Repealed by Session Laws 2013-247, s. 5, effective July 3, 2013. History (1998-131, s. 5; 2005-195, s. 1; 2013-247, s. 4; 2015-65, s. 1.3.) Transfer of State Residential and Preschools for the Deaf and Blind. - Session Laws 2010-31, s. 10.21A(a), provides: "(a) The General Assembly finds that to improve the educational outcomes for students attending the State's residential schools for the deaf and blind, the State Board of Education shall assume administrative responsibility for the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, Governor Morehead School for the Blind, Early Intervention Services - Preschool, and Governor Morehead Preschool programs. Notwithstanding Part 3A of Article 3 of Chapter 143B of the General Statutes, effective June 1, 2011, the Office of Education Services within the Department of Health and Human Services is dissolved, and the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, Governor Morehead School for the Blind, Early Intervention Services - Preschool, and Governor Morehead Preschool programs within the Department of Health and Human Services, Office of Education Services, are transferred to the Department of Public Instruction. These transfers shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6. Upon transfer, the State Board of Education shall continue the salary supplements authorized by G.S. 143B-146.21, and in effect on June 1, 2011, for teachers, instructional support personnel, and school-based administrators in the residential schools and preschools." Session Laws 2010-31, s. 10.21A(b)-(g), provided for a transition plan, including the creation of a a search committee to hire a superintendent to oversee the operations of the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, and Governor Morehead School for the Blind within the Department of Public Instruction. Pursuant to Session Laws 2011-266, ss. 2 and 2.13, the statutory requirements of the State Board of Education Selection Committee for a Superintendent, have been met and this body is no longer authorized to meet, provide recommendations, or operate in any capacity. Editor's Note. - For the creation of the Office of Education Services, see Editor's note at G.S. 143B-136.1 under the heading of "Division of Early Intervention and Education." Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'." Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year." Session Laws 2010-31, s. 32.6, is a severability clause. Session Laws 2013-247, s. 11, provides: "(a) Notwithstanding Section 10.21A of S.L. 2010-31 and G.S. 115C-150.11, as enacted by this act, the Department of Health and Human Services shall continue to be responsible for the maintenance and repair of all buildings, grounds, and facilities of the Governor Morehead School and for providing utilities for the Governor Morehead School, provided that the Department of Health and Human Services may enter into a memorandum of understanding with the Department of Public Instruction for the Department of Public Instruction to assume any of those responsibilities. "(b) Notwithstanding Section 10.21A of S.L. 2010-31 and G.S. 115C-150.11, as enacted by this act, the Department of Health and Human Services shall continue to be responsible for information technology support for Eastern North Carolina School for the Deaf, the North Carolina School for the Deaf, and the Governor Morehead School, provided the Department of Health and Human Services may enter into a memorandum of understanding with the Department of Public Instruction for the Department of Public Instruction to assume any of those responsibilities." Session Laws 2013-360, s. 8.15(a), provides: "The Department of Public Instruction shall not transfer any school-based personnel from the State's residential schools to central office administrative positions." 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 2015-65, s. 1.3, amended former subdivision (b)(1). Subdivisions (b)(1) and (4a) were redesignated as subdivisions (b)(4a) and (4b) at the direction of the Revisor of Statutes to maintain alphabetical order. Effect of Amendments. - Session Laws 2005-195, s. 1, effective July 1, 2005, in subdivision (b)(3), deleted "Principals," preceding "Assistant principals"; and rewrote subdivision (b)(9). Session Laws 2013-247, s. 4, effective July 3, 2013, added subdivision (b)(4a); and deleted subdivision (b)(9). Session Laws 2015-65, s. 1.3, effective June 11, 2015, deleted "ABC's" in subdivision (b)(4); and deleted "ABC's Program or" in the subdivision heading of subdivision (b)(4a).