§ 115C‑12. Powers andduties of the Board generally.
The general supervision andadministration of the free public school system shall be vested in the StateBoard of Education. The State Board of Education shall establish policy for thesystem of free public schools, subject to laws enacted by the General Assembly.The powers and duties of the State Board of Education are defined as follows:
(1) Financial Powers. Thefinancial powers of the Board are set forth in Article 30 of this Chapter.
(1a) To Submit a BudgetRequest to the Director of the Budget. The Board shall submit a budgetrequest to the Director of the Budget in accordance with G.S. 143C‑3‑3.In addition to the information requested by the Director of the Budget, theBoard shall provide an analysis relating each of its requests for expansionfunds to anticipated improvements in student performance.
(2) Repealed by SessionLaws 1985 (Regular Session, 1986), c. 975, s. 24.
(3),(4) Repealed by SessionLaws 1987 (Regular Session, 1988), c. 1025, s. 1.
(5) Apportionment ofFunds. The Board shall have authority to apportion and equalize over theState all State school funds and all federal funds granted to the State forassistance to educational programs administered within or sponsored by the publicschool system of the State.
(6) Power to DemandRefund for Inaccurate Apportionment Due to False Attendance Records. When itshall be found by the State Board of Education that inaccurate attendancerecords have been filed with the State Board of Education which resulted in anexcess allotment of funds for teacher salaries in any school unit in any schoolyear, the school unit concerned may be required to refund to the State Boardthe amount allotted to said unit in excess of the amount an accurate attendancerecord would have justified.
(7) Power to Alter theBoundaries of City School Administrative Units and to Approve Agreements forthe Consolidation and Merger of School Administrative Units Located in the SameCounty. The Board shall have authority, in its discretion, to alter theboundaries of city school administrative units and to approve agreementssubmitted by county and city boards of education requesting the merger of twoor more contiguous city school administrative units and the merger of cityschool administrative units with county school administrative units and theconsolidation of all the public schools in the respective units under theadministration of one board of education: Provided, that such merger of unitsand reorganization of school units shall not have the effect of abolishing anyspecial taxes that may have been voted in any such units.
(8) Power to MakeProvisions for Sick Leave and for Substitute Teachers. The Board shallprovide for sick leave with pay for all public school employees in accordancewith the provisions of this Chapter and shall promulgate rules and regulationsproviding for necessary substitutes on account of sick leave and other teacherabsences.
Theminimum pay for a substitute teacher who holds a teaching certificate shall besixty‑five percent (65%) of the daily pay rate of an entry‑levelteacher with an "A" certificate. The minimum pay for a substituteteacher who does not hold a teaching certificate shall be fifty percent (50%)of the daily pay rate of an entry‑level teacher with an "A"certificate. The pay for noncertified substitutes shall not exceed the pay ofcertified substitutes.
Localboards may use State funds allocated for substitute teachers to hire full‑timesubstitute teachers.
If ateacher assistant acts as a substitute teacher, the salary of the teacherassistant for the day shall be the same as the daily salary of an entry‑levelteacher with an "A" certificate.
(9) Miscellaneous Powersand Duties. All the powers and duties exercised by the State Board ofEducation shall be in conformity with the Constitution and subject to such lawsas may be enacted from time to time by the General Assembly. Among such dutiesare:
a. To certify andregulate the grade and salary of teachers and other school employees.
b. To adopt and supplytextbooks.
c. To adopt rulesrequiring all local boards of education to implement the Basic EducationProgram on an incremental basis within funds appropriated for that purpose bythe General Assembly and by units of local government. Beginning with the 1991‑92school year, the rules shall require each local school administrative unit toimplement fully the standard course of study in every school in the State inaccordance with the Basic Education Program so that every student in the Stateshall have equal access to the curriculum as provided in the Basic EducationProgram and the standard course of study.
TheBoard shall establish benchmarks by which to measure the progress that eachlocal board of education has made in implementing the Basic Education Program.
c1. To issue an annual"report card" for the State and for each local school administrativeunit, assessing each unit's efforts to improve student performance based on thegrowth in performance of the students in each school and taking into accountprogress over the previous years' level of performance and the State'sperformance in comparison with other states. This assessment shall take intoaccount factors that have been shown to affect student performance and that theState Board considers relevant to assess the State's efforts to improve studentperformance.
c2. Repealed by SessionLaws 1995 (Regular Session, 1996), c. 716, s. 1.
c3. To develop a systemof school building improvement reports for each school building. The purpose ofschool building improvement reports is to measure improvement in the growth instudent performance at each school building from year to year, not to compareschool buildings. The Board shall include in the building reports any factorsshown to affect student performance that the Board considers relevant to assessa school's efforts to improve student performance. Local school administrativeunits shall produce and make public their school building improvement reportsby March 15, 1997, for the 1995‑96 school year, by October 15, 1997, forthe 1996‑97 school year, and annually thereafter. Each report shall bebased on building‑level data for the prior school year.
c4. To developguidelines, procedures, and rules to establish, implement, and enforce theSchool‑Based Management and Accountability Program under Article 8B ofthis Chapter in order to improve student performance, increase localflexibility and control, and promote economy and efficiency.
d. To formulate rulesand regulations for the enforcement of the compulsory attendance law.
e. To manage andoperate a system of insurance for public school property, as provided inArticle 38 of this Chapter.
Inmaking substantial policy changes in administration, curriculum, or programsthe Board should conduct hearings throughout the regions of the State, wheneverfeasible, in order that the public may be heard regarding these matters.
(9a),(9b) Repealed bySession Laws 2005‑458, s. 1, effective October 2, 2005.
(9c) Power to developcontent standards and exit standards. The Board shall develop a comprehensiveplan to revise content standards and the standard course of study in the coreacademic areas of reading, writing, mathematics, science, history, geography,and civics. The Board shall involve and survey a representative sample ofparents, teachers, and the public to help determine academic content standardpriorities and usefulness of the content standards. A full review of availableand relevant academic content standards that are rigorous, specific, sequenced,clear, focused, and measurable, whenever possible, shall be a part of theprocess of the development of content standards. The revised content standardsdeveloped in the core academic areas shall (i) reflect high expectations forstudents and an in‑depth mastery of the content; (ii) be clearly groundedin the content of each academic area; (iii) be defined grade‑by‑gradeand course‑by‑course; (iv) be understandable to parents andteachers; (v) be developed in full recognition of the time available to teachthe core academic areas at each grade level; and (vi) be measurable, wheneverpossible, in a reliable, valid, and efficient manner for accountabilitypurposes.
Highschool course content standards shall include the knowledge and skillsnecessary to pursue further postsecondary education or to attain employment inthe 21st century economy. The high school course content standardsalso shall be aligned with the minimum undergraduate course requirements foradmission to the constituent institutions of The University of North Carolina.The Board may develop exit standards that will be required for high schoolgraduation.
TheBoard also shall develop and implement an ongoing process to align Stateprograms and support materials with the revised academic content standards foreach core academic area on a regular basis. Alignment shall include revisingtextbook criteria, support materials, State tests, teacher and schooladministrator preparation, and ongoing professional development programs to becompatible with content standards. The Board shall develop and make availableto teachers and parents support materials, including teacher and parent guides,for academic content standards. The State Board of Education shall work incollaboration with the Board of Governors of The University of North Carolinato ensure that teacher and school administrator degree programs, ongoingprofessional development, and other university activity in the State's publicschools align with the State Board's priorities.
(10) Power to Provide forPrograms or Projects in the Cultural and Fine Arts Areas. The Board isauthorized and empowered, in its discretion, to make provisions for specialprograms or projects of a cultural and fine arts nature for the enrichment andstrengthening of educational opportunities for the children of the State.
Forthis purpose, the Board may use funds received from gifts or grants and, withthe approval of the Director of the Budget, may use State funds which the Boardmay find available in any budget administered by the Board.
(11) Power to ConductEducation Research. The Board is authorized to sponsor or conduct educationresearch and special school projects considered important by the Board forimproving the public schools of the State. Such research or projects may beconducted during the summer months and involve one or more local school unitsas the Board may determine. The Board may use any available funds for suchpurposes.
(12) Duty to Provide forSports Medicine and Emergency Paramedical Program. The State Board ofEducation is authorized and directed to develop a comprehensive plan to trainand make available to the public schools personnel who shall have majorresponsibility for exercising preventive measures against sports related deathsand injuries and for providing sports medicine and emergency paramedicalservices for injuries that occur in school related activities. The plan shallinclude, but is not limited to, the training, assignment of responsibilities,and appropriate additional reimbursement for individuals participating in theprogram.
TheState Board of Education is authorized and directed to develop animplementation schedule and a program funding formula that will enable eachhigh school to have a qualified sports medicine and emergency paramedicalprogram by July 1, 1984.
TheState Board of Education is authorized and directed to establish minimumeducational standards necessary to enable individuals serving as sportsmedicine and emergency paramedical staff to provide such services, includingfirst aid and emergency life saving skills, to students participating in schoolactivities.
(13) Power to PurchaseLiability Insurance. The Board is authorized to purchase insurance to protectboard members from liability incurred in the exercise of their duty as membersof the Board.
(14) Duty to ProvidePersonnel Information to Local Boards. Upon request, the State Board ofEducation and the Department of Public Instruction shall furnish to any countyor city board of education any and all available personnel information relatingto certification, evaluation and qualification including, but not limited to,semester hours or quarterly hours completed, graduate work, grades, scores,etc., that are on that date in the files of the State Board of Education orDepartment of Public Instruction.
(15) Duty to DevelopNoncertified Personnel Position Evaluation Descriptions. The Board isauthorized and directed to develop position evaluation descriptions coveringthose positions in local school administrative units for which certification bythe State Board of Education is not normally a prerequisite. The positionevaluation descriptions required in this subdivision are to be used by localboards of education as the basis for assignment of noncertified employees to anappropriate pay grade in accordance with salary grades and ranges adopted bythe State Board of Education. No appropriations are required by thissubdivision.
(16) Power with Regard toSalary Schedules. The Board shall provide for sick leave with pay for allpublic school employees in accordance with the provisions of this Chapter andshall promulgate rules and regulations providing for necessary substitutes onaccount of sick leave and other teacher absences.
a. Support personnelrefers to all public school employees who are not required by statute orregulation to be certified in order to be employed. The State Board ofEducation is authorized and empowered to adopt all necessary rules for fullimplementation of all schedules to the extent that State funds are madeavailable for support personnel.
b. Salary schedules forthe following public school support personnel shall be adopted by the StateBoard of Education: school finance officer, office support personnel, teacherassistants, maintenance supervisors, custodial personnel, and transportationpersonnel. The Board shall classify these support positions in terms of uniformpay grades included in the salary schedule of the State Personnel Commission.
Bythe end of the third payroll period of the 1995‑96 fiscal year, localboards of education shall place State‑allotted office support personnel,teacher assistants, and custodial personnel on the salary schedule adopted bythe State Board of Education so that the average salary paid is the State‑allottedamount for the category. In placing employees on the salary schedule, the localboard shall consider the education, training, and experience of each employee,including experience in other local school administrative units. It is theintent of the General Assembly that a local school administrative unit not failto employ an employee who was employed for the prior school year in order toimplement the provisions of this sub‑subdivision. A local board ofeducation is in compliance with this sub‑subdivision if the averagesalary paid is at least ninety‑five percent (95%) of the State‑allottedamount for the category at the end of the third payroll period of the 1995‑96fiscal year, and at least ninety‑eight percent (98%) of the State‑allottedamount for the category at the end of the third payroll period of eachsubsequent fiscal year. The Department of Public Instruction shall providetechnical assistance to local school administrative units regarding theimplementation of this sub‑subdivision.
c. Salary schedules forother support personnel, including but not limited to maintenance and schoolfood service personnel, shall be adopted by the State Board of Education. TheBoard shall classify these support positions in terms of uniform pay gradesincluded in the salary schedule of the State Personnel Commission. Theseschedules shall apply if the local board of education does not adopt a salaryschedule of its own for personnel paid from other than State appropriations.
(17) Power to provide forschool transportation programs. The State Board of Education is authorized andempowered to promulgate such policies, rules, and regulations as it may deemnecessary and desirable for the operation of a public school transportationsystem by each local administrative unit in the State. Such policies, rules,and regulations shall include, but are not limited to, fund allocations andfiscal support to assure the effective and efficient use of funds appropriatedby the General Assembly in support of the school transportation system. Nothingherein shall be construed to affect in any way or to lessen in any way the fulland complete authority of local boards of education to assign pupils to schoolsin accordance with G.S. 115C‑366.
(18) Duty to Develop andImplement a Uniform Education Reporting System, Which Shall Include Standardsand Procedures for Collecting Fiscal and Personnel Information.
a. The State Board ofEducation shall adopt standards and procedures for local school administrativeunits to provide timely, accurate, and complete fiscal and personnelinformation, including payroll information, on all school personnel. All localschool administrative units shall comply with these standards and procedures bythe beginning of the 1987‑88 school year.
b. The State Board ofEducation shall develop and implement a Uniform Education Reporting System thatshall include requirements for collecting, processing, and reporting fiscal,personnel, and student data, by means of electronic transfer of data files fromlocal computers to the State Computer Center through the State CommunicationsNetwork. All local school administrative units shall comply with therequirements of the Uniform Education Reporting System by the beginning of the1989‑90 school year.
c. The State Board ofEducation shall comply with the provisions of G.S. 116‑11(10a) to planand implement an exchange of information between the public schools and theinstitutions of higher education in the State. The State Board of Educationshall require local boards of education to provide to the parents of childrenat a school all information except for confidential information received aboutthat school from institutions of higher education pursuant to G.S. 116‑11(10a)and to make that information available to the general public.
d. The State Board ofEducation shall modify the Uniform Education Reporting System to provide clear,accurate, and standard information on the use of funds at the unit and schoollevel. The plan shall provide information that will enable the General Assemblyto determine State, local, and federal expenditures for personnel at the unitand school level. The plan also shall allow the tracking of expenditures fortextbooks, educational supplies and equipment, capital outlay, at‑riskstudents, and other purposes. The revised Uniform Education Reporting Systemshall be implemented beginning with the 1999‑2000 school year.
(19) Duty to IdentifyRequired Reports and to Eliminate Unnecessary Reports and Paperwork. Prior tothe beginning of each school year, the State Board of Education shall identifyall reports that are required at the State level for the school year.
TheState Board of Education shall adopt policies to ensure that local schooladministrative units are not required by the State Board of Education, theState Superintendent, or the Department of Public Instruction staff to (i)provide information that is already available on the student informationmanagement system or housed within the Department of Public Instruction; (ii)provide the same written information more than once during a school year unlessthe information has changed during the ensuing period; or (iii) complete forms,for children with disabilities, that are not necessary to ensure compliancewith the federal Individuals with Disabilities Education Act (IDEA).Notwithstanding the foregoing, the State Board may require informationavailable on its student information management system or require the sameinformation twice if the State Board can demonstrate a compelling need and candemonstrate there is not a more expeditious manner of getting the information.
(20) Duty to ReportAppointment of Caretaker Administrators and Boards. Pursuant to G.S. 120‑30.9Gthe State Board of Education shall submit to the Attorney General of the UnitedStates within 30 days any rules, policies, procedures, or actions takenpursuant to G.S. 115C‑64.4 which could result in the appointment of acaretaker administrator or board to perform any of the powers and duties of alocal board of education where that school administrative unit is covered bythe Voting Rights Act of 1965.
(21) Duty to Monitor Actsof School Violence. The State Board of Education shall monitor and compile anannual report on acts of violence in the public schools. The State Board shalladopt standard definitions for acts of school violence and shall require localboards of education to report them to the State Board in a standard formatadopted by the State Board. The State Board shall submit its report on acts ofviolence in the public schools to the Joint Legislative Education OversightCommittee by March 15 of each year.
(22) Duty to Monitor theDecisions of Teachers to Leave the Teaching Profession. The State Board ofEducation shall monitor and compile an annual report on the decisions ofteachers to leave the teaching profession. The State Board shall adopt standardprocedures for each local board of education to use in requesting theinformation from teachers who are not continuing to work as teachers in thelocal school administrative unit and shall require each local board ofeducation to report the information to the State Board in a standard formatadopted by the State Board.
(23) Power to AdoptEligibility Rules for Interscholastic Athletic Competition. The State Boardof Education may adopt rules governing interscholastic athletic activitiesconducted by local boards of education, including eligibility for studentparticipation. The State Board of Education may authorize a designatedorganization to apply and enforce the Board's rules governing participation ininterscholastic athletic activities at the high school level.
(24) Duty to DevelopStandards for Alternative Learning Programs, Provide Technical Assistance onImplementation of Programs, and Evaluate Programs. The State Board ofEducation shall adopt standards for assigning students to alternative learningprograms. These standards shall include (i) a description of the programs andservices that are recommended to be provided in alternative learning programsand (ii) a process for ensuring that an assignment is appropriate for thestudent and that the student's parents are involved in the decision. The StateBoard also shall adopt policies that define what constitutes an alternativeschool and an alternative learning program.
TheState Board of Education shall also adopt standards to require that localschool administrative units shall use (i) the teachers allocated for studentsassigned to alternative learning programs pursuant to the regular teacherallotment and (ii) the teachers allocated for students assigned to alternativelearning programs only to serve the needs of these students.
TheState Board of Education shall provide technical support to local schooladministrative units to assist them in developing and implementing plans andproposals for alternative learning programs.
TheState Board shall evaluate the effectiveness of alternative learning programsand, in its discretion, of any other programs funded from the AlternativeSchools/At‑Risk Student allotment. Local school administrative unitsshall report to the State Board of Education on how funds in the AlternativeSchools/At‑Risk Student allotment are spent and shall otherwise cooperatewith the State Board of Education in evaluating the alternative learningprograms. As part of its evaluation of the effectiveness of these programs, theState Board shall, through the application of the accountability systemdeveloped under G.S. 115C‑105.35, measure the educational performance andgrowth of students placed in alternative schools and alternative programs. Ifappropriate, the Board may modify this system to adapt to the specificcharacteristics of these schools. Also as part of its evaluation, the StateBoard shall evaluate its standards adopted under this subdivision and make anynecessary changes to those standards based on strategies that have been provensuccessful in improving student achievement and shall report to the JointLegislative Education Oversight Committee by April 15, 2006 to determine if anychanges are necessary to improve the implementation of successful alternativelearning programs and alternative schools.
(25) Duty to Report toJoint Legislative Education Oversight Committee. Upon the request of theJoint Legislative Education Oversight Committee, the State Board shall examineand evaluate issues, programs, policies, and fiscal information, and shall makereports to that Committee. Furthermore, beginning October 15, 1997, andannually thereafter, the State Board shall submit reports to that Committeeregarding the continued implementation of Chapter 716 of the 1995 Session Laws,1996 Regular Session. Each report shall include information regarding thecomposition and activity of assistance teams, schools that received incentiveawards, schools identified as low‑performing, school improvement plansfound to significantly improve student performance, personnel actions taken inlow‑performing schools, and recommendations for additional legislation toimprove student performance and increase local flexibility.
(26) Duty to Monitor andMake Recommendations Regarding Professional Development Programs. The StateBoard of Education, in collaboration with the Board of Governors of TheUniversity of North Carolina, shall identify and make recommendations regardingmeaningful professional development programs for professional public schoolemployees. The programs shall be aligned with State education goals anddirected toward improving student academic achievement. The State Board shallannually evaluate and, after consultation with the Board of Governors, makerecommendations regarding professional development programs based upon reportssubmitted by the Board of Governors under G.S. 116‑11(12a).
(27) Reporting DropoutRates, Suspensions, Expulsions, and Alternative Placements. The State Boardshall report by March 15 of each year to the Joint Legislative EducationOversight Committee on the numbers of students who have dropped out of school,been suspended, been expelled, or been placed in an alternative program. Thedata shall be reported in a disaggregated manner and be readily available tothe public. The State Board shall not include students that have been expelledfrom school when calculating the dropout rate. The Board shall maintain aseparate record of the number of students who are expelled from school.
(27a) Reducing SchoolDropout Rates. The State Board of Education shall develop a statewide plan toimprove the State's tracking of dropout data so that accurate and usefulcomparisons can be made over time. The plan shall include, at a minimum, howdropouts are counted and the methodology for calculating the dropout rate, theability to track students movements among schools and districts, and theability to provide information on who drops out and why.
(28) Duty to Develop Rulesfor Issuance of Driving Eligibility Certificates. The State Board ofEducation shall adopt the following rules to assist schools in theiradministration of procedures necessary to implement G.S. 20‑11 and G.S.20‑13.2:
a. To define what isequivalent to a high school diploma for the purposes of G.S. 20‑11 andG.S. 20‑13.2. These rules shall apply to all educational programs offeredin the State by public schools, charter schools, nonpublic schools, orcommunity colleges.
b. To establish theprocedures a person who is or was enrolled in a public school or in a charterschool must follow and the requirements that person shall meet to obtain adriving eligibility certificate.
c. To require theperson who is required under G.S. 20‑11(n) to sign the drivingeligibility certificate to provide the certificate if he or she determines thatone of the following requirements is met:
1. The person seekingthe certificate is eligible for the certificate under G.S. 20‑11(n)(1)and is not subject to G.S. 20‑11(n1).
2. The person seekingthe certificate is eligible for the certificate under G.S. 20‑11(n)(1)and G.S. 20‑11(n1).
These rules shall apply topublic schools and charter schools.
d. To provide for anappeal to an appropriate education authority by a person who is denied adriving eligibility certificate. These rules shall apply to public schools andcharter schools.
e. To define exemplarystudent behavior and to define what constitutes the successful completion of adrug or alcohol treatment counseling program. These rules shall apply to publicschools and charter schools.
TheState Board also shall develop policies as to when it is appropriate to notifythe Division of Motor Vehicles that a person who is or was enrolled in a publicschool or in a charter school no longer meets the requirements for a drivingeligibility certificate.
TheState Board shall develop a form for parents, guardians, or emancipatedjuveniles, as appropriate, to provide their written, irrevocable consent for aschool to disclose to the Division of Motor Vehicles that the student no longermeets the conditions for a driving eligibility certificate under G.S. 20‑11(n)(1)or G.S. 20‑11(n1), if applicable, in the event that this disclosure isnecessary to comply with G.S. 20‑11 or G.S. 20‑13.2. Other thanidentifying under which statutory subsection the student is no longer eligible,no other details or information concerning the student's school record shall bereleased pursuant to this consent. This form shall be used for studentsenrolled in public schools or charter schools.
TheState Board of Education may use funds appropriated for drivers education tocover the costs of driving eligibility certificates.
(29) To issue special highschool diplomas to veterans of World War II Korea, and Vietnam. The StateBoard of Education shall issue special high school diplomas to all honorablydischarged veterans of World War II, the Korean Conflict, and the Vietnam erawho request special diplomas and have not previously received high schooldiplomas.
(30) Duty to Adopt ModelGuidelines and Policies for the Establishment of Local Task Forces on Closingthe Academic Achievement Gap. The State Board shall adopt a Model for localschool administrative units to use as a guideline to establish local taskforces on closing the academic achievement gap at the discretion of the localboard. The purpose of each task force is to advise and work with its localboard of education and administration on closing the gap in academicachievement and on developing a collaborative plan for achieving that goal. TheState Board shall consider the recommendations of the Commission on Improvingthe Academic Achievement of Minority and At‑Risk Students to the 2001Session of the General Assembly in establishing its guidelines.
(30a) Duty to Assist Schoolsin Meeting Adequate Yearly Progress. The State Board of Education shall:
a. Identify whichschools are meeting adequate yearly progress with subgroups as specified in theNo Child Left Behind Act of 2001;
b. Study theinstructional, administrative, and fiscal practices and policies employed bythe schools selected by the State Board of Education that are meeting adequateyearly progress specified in the No Child Left Behind Act of 2001;
c. Create assistancemodels for each subgroup based on the practices and policies used in schoolsthat are meeting adequate yearly progress. The schools of education at theconstituent institutions of The University of North Carolina, in collaborationwith the University of North Carolina Center for School Leadership Development,shall assist the State Board of Education in developing these models; and
d. Offer technicalassistance based on these assistance models to local school administrativeunits not meeting adequate yearly progress, giving priority to those localschool administrative units with high concentrations of schools that are notmeeting adequate yearly progress. The State Board of Education shall determinethe number of local school administrative units that can be served effectivelyin the first two years. This technical assistance shall include peer assistanceand professional development by teachers, support personnel, and administratorsin schools with subgroups that are meeting adequate yearly progress.
(31) To Adopt Guidelinesfor Individual Diabetes Care Plans. The State Board shall adopt guidelinesfor the development and implementation of individual diabetes care plans. TheState Board shall consult with the North Carolina Diabetes Advisory Councilestablished by the Department of Health and Human Services in the developmentof these guidelines. The State Board also shall consult with local schooladministrative unit employees who have been designated as responsible forcoordinating their individual unit's efforts to comply with federal regulationsadopted under Section 504 of the Rehabilitation Act of 1973, as amended, 29U.S.C. § 794. In its development of these guidelines, the State Board shallrefer to the guidelines recommended by the American Diabetes Association forthe management of children with diabetes in the school and day care setting andshall consider recent resolutions by the United States Department ofEducation's Office of Civil Rights of investigations into complaints allegingdiscrimination against students with diabetes.
Theguidelines adopted by the State Board shall include:
a. Procedures for thedevelopment of an individual diabetes care plan at the written request of the student'sparent or guardian, and involving the parent or guardian, the student's healthcare provider, the student's classroom teacher, the student if appropriate, theschool nurse if available, and other appropriate school personnel.
b. Procedures for regularreview of an individual care plan.
c. Information to beincluded in a diabetes care plan, including the responsibilities andappropriate staff development for teachers and other school personnel, anemergency care plan, the identification of allowable actions to be taken, theextent to which the student is able to participate in the student's diabetescare and management, and other information necessary for teachers and otherschool personnel in order to offer appropriate assistance and support to thestudent. The State Board shall ensure that the information and allowableactions included in a diabetes care plan as required in this subdivision meetor exceed the American Diabetes Association's recommendations for themanagement of children with diabetes in the school and day care setting.
d. Information andstaff development to be made available to teachers and other school personnelin order to appropriately support and assist students with diabetes.
TheState Board shall ensure that these guidelines are updated as necessary andshall ensure that the guidelines and any subsequent changes are published anddisseminated to local school administrative units.
(32) Duty to EncourageEarly Entry of Motivated Students into Four‑Year College Programs. TheState Board of Education, in cooperation with the Education Cabinet, shall workwith local school administrative units, the constituent institutions of TheUniversity of North Carolina, local community colleges, and private collegesand universities to (i) encourage early entry of motivated students into four‑yearcollege programs and to (ii) ensure that there are opportunities at four‑yearinstitutions for academically talented high school students to get an earlystart on college coursework, either at nearby institutions or through distancelearning.
TheState Board of Education shall also adopt policies directing school guidancecounselors to make ninth grade students aware of the potential to complete thehigh school courses required for college entry in a three‑year period.
(33) Duty to DevelopRecommended Programs for Use in Schools on Memorial Day. The State Board ofEducation shall develop recommended instructional programs that enable studentsto gain a better understanding of the meaning and importance of Memorial Day.All schools, especially schools that hold school on Memorial Day, shallrecognize the significance of Memorial Day.
(34) Duty to Protect theHealth of School‑Age Children From Toxicants at School. The State Boardshall address public health and environmental issues in the classroom and onschool grounds by doing all of the following:
a. Develop guidelinesfor sealing existing arsenic‑treated wood in playground equipment orestablish a time line for removing existing arsenic‑treated wood onplaygrounds and testing the soil on school grounds for contamination caused bythe leaching of arsenic‑treated wood in other areas where children may beat particularly high risk of exposure.
b. Establish guidelinesto reduce students' exposure to diesel emissions that can occur as a result ofunnecessary school bus idling, nose‑to‑tail parking, andinefficient route assignments.
c. Study methods formold and mildew prevention and mitigation and incorporate recommendations intothe public school facilities guidelines as needed.
d. Establish guidelinesfor Integrated Pest Management consistent with the policy of The North CarolinaSchool Boards Association, Inc., as published in 2004. These guidelines may beupdated as needed to reflect changes in technology.
e. Establish guidelinesfor notification of students' parents, guardians, or custodians as well asschool staff of pesticide use on school grounds.
(35) To encourage localboards of education to enter into agreements regarding the joint use of facilitiesfor physical activity. The State Board of Education shall encourage localboards of education to enter into agreements with local governments and otherentities regarding the joint use of their facilities for physical activity. Theagreements should delineate opportunities, guidelines, and the roles andresponsibilities of the parties, including responsibilities for maintenance andliability.
(36) Duty to chargetuition for the Governor's School of North Carolina. The State Board ofEducation shall implement a five‑hundred‑dollar ($500.00) tuitioncharge for students attending the Governor's School of North Carolina. (1955, c. 1372, art. 2, s.2; art. 17, s. 6; art. 18, s. 2; 1957, c. 541, s. 11; 1959, c. 1294; 1961, c.969; 1963, c. 448, ss. 24, 27; c. 688, ss. 1, 2; c. 1223, s. 1; 1965, c. 584,s. 20.1; c. 1185, s. 2; 1967, c. 643, s. 1; 1969, c. 517, s. 1; 1971, c. 704,s. 4; c. 745; 1973, c. 236; c. 476, s. 138; c. 675; 1975, c. 686, s. 1; c. 699,s. 2; c. 975; 1979, c. 300, s. 1; c. 935; c. 986; 1981, c. 423, s. 1; 1983, c.630, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 16; 1985, c. 479, s. 55(c)(3);c. 757, s. 145(a); 1985 (Reg. Sess., 1986), c. 975, s. 24; 1987, c. 414, s. 1;1987 (Reg. Sess., 1988), c. 1025, ss. 1, 3; 1989, c. 585, s. 1; c. 752, s.65(c); c. 778, s. 6; 1991, c. 529, s. 3; c. 689, s. 196(b); 1991 (Reg. Sess.,1992), c. 880, s. 3; c. 900, s. 75.1(e); 1993, c. 321, ss. 125, 133(a), 139(b);1993 (Reg. Sess., 1994), c. 769, ss. 19(a), 19.9; 1995, c. 60, s. 1; c. 324, s.17.15(a); c. 450, s. 4; c. 509, s. 59; 1995 (Reg. Sess., 1996), c. 716, s. 1;1996, 2nd Ex. Sess., c. 18, ss.18.4, 18.28(a); 1997‑18, s. 15(a), (c)‑(e); 1997‑221, s.12(a); 1997‑239, s. 1; 1997‑443, s. 8.27(a), (e); 1997‑443,s. 8.29(o), (u); 1997‑507, s. 3; 1998‑153, s. 16(b); 1998‑212,ss. 9.16(a), 9.23; 1999‑237, s. 8.25(d); 1999‑243, s. 5; 1999‑397,s. 3; 2001‑86, s. 1; 2001‑151, s. 1; 2001‑424, ss. 28.30(e),(f), 31.4(a); 2002‑103, s. 1; 2002‑126, s. 7.15; 2002‑159, s.63; 2002‑178, s. 1(a); 2003‑251, s. 1; 2003‑419, s. 1; 2005‑155,s. 1; 2005‑276, ss. 7.18, 9.34(a); 2005‑446, s. 1; 2005‑458,ss. 1, 2; 2006‑75, s. 1; 2006‑143, s. 1; 2006‑203, s. 30;2006‑260, s. 1; 2009‑305, s. 4; 2009‑334, s. 1; 2009‑451,s. 7.39(a).)
§ 115C‑12. Powers andduties of the Board generally.
The general supervision andadministration of the free public school system shall be vested in the StateBoard of Education. The State Board of Education shall establish policy for thesystem of free public schools, subject to laws enacted by the General Assembly.The powers and duties of the State Board of Education are defined as follows:
(1) Financial Powers. Thefinancial powers of the Board are set forth in Article 30 of this Chapter.
(1a) To Submit a BudgetRequest to the Director of the Budget. The Board shall submit a budgetrequest to the Director of the Budget in accordance with G.S. 143C‑3‑3.In addition to the information requested by the Director of the Budget, theBoard shall provide an analysis relating each of its requests for expansionfunds to anticipated improvements in student performance.
(2) Repealed by SessionLaws 1985 (Regular Session, 1986), c. 975, s. 24.
(3),(4) Repealed by SessionLaws 1987 (Regular Session, 1988), c. 1025, s. 1.
(5) Apportionment ofFunds. The Board shall have authority to apportion and equalize over theState all State school funds and all federal funds granted to the State forassistance to educational programs administered within or sponsored by the publicschool system of the State.
(6) Power to DemandRefund for Inaccurate Apportionment Due to False Attendance Records. When itshall be found by the State Board of Education that inaccurate attendancerecords have been filed with the State Board of Education which resulted in anexcess allotment of funds for teacher salaries in any school unit in any schoolyear, the school unit concerned may be required to refund to the State Boardthe amount allotted to said unit in excess of the amount an accurate attendancerecord would have justified.
(7) Power to Alter theBoundaries of City School Administrative Units and to Approve Agreements forthe Consolidation and Merger of School Administrative Units Located in the SameCounty. The Board shall have authority, in its discretion, to alter theboundaries of city school administrative units and to approve agreementssubmitted by county and city boards of education requesting the merger of twoor more contiguous city school administrative units and the merger of cityschool administrative units with county school administrative units and theconsolidation of all the public schools in the respective units under theadministration of one board of education: Provided, that such merger of unitsand reorganization of school units shall not have the effect of abolishing anyspecial taxes that may have been voted in any such units.
(8) Power to MakeProvisions for Sick Leave and for Substitute Teachers. The Board shallprovide for sick leave with pay for all public school employees in accordancewith the provisions of this Chapter and shall promulgate rules and regulationsproviding for necessary substitutes on account of sick leave and other teacherabsences.
Theminimum pay for a substitute teacher who holds a teaching certificate shall besixty‑five percent (65%) of the daily pay rate of an entry‑levelteacher with an "A" certificate. The minimum pay for a substituteteacher who does not hold a teaching certificate shall be fifty percent (50%)of the daily pay rate of an entry‑level teacher with an "A"certificate. The pay for noncertified substitutes shall not exceed the pay ofcertified substitutes.
Localboards may use State funds allocated for substitute teachers to hire full‑timesubstitute teachers.
If ateacher assistant acts as a substitute teacher, the salary of the teacherassistant for the day shall be the same as the daily salary of an entry‑levelteacher with an "A" certificate.
(9) Miscellaneous Powersand Duties. All the powers and duties exercised by the State Board ofEducation shall be in conformity with the Constitution and subject to such lawsas may be enacted from time to time by the General Assembly. Among such dutiesare:
a. To certify andregulate the grade and salary of teachers and other school employees.
b. To adopt and supplytextbooks.
c. To adopt rulesrequiring all local boards of education to implement the Basic EducationProgram on an incremental basis within funds appropriated for that purpose bythe General Assembly and by units of local government. Beginning with the 1991‑92school year, the rules shall require each local school administrative unit toimplement fully the standard course of study in every school in the State inaccordance with the Basic Education Program so that every student in the Stateshall have equal access to the curriculum as provided in the Basic EducationProgram and the standard course of study.
TheBoard shall establish benchmarks by which to measure the progress that eachlocal board of education has made in implementing the Basic Education Program.
c1. To issue an annual"report card" for the State and for each local school administrativeunit, assessing each unit's efforts to improve student performance based on thegrowth in performance of the students in each school and taking into accountprogress over the previous years' level of performance and the State'sperformance in comparison with other states. This assessment shall take intoaccount factors that have been shown to affect student performance and that theState Board considers relevant to assess the State's efforts to improve studentperformance.
c2. Repealed by SessionLaws 1995 (Regular Session, 1996), c. 716, s. 1.
c3. To develop a systemof school building improvement reports for each school building. The purpose ofschool building improvement reports is to measure improvement in the growth instudent performance at each school building from year to year, not to compareschool buildings. The Board shall include in the building reports any factorsshown to affect student performance that the Board considers relevant to assessa school's efforts to improve student performance. Local school administrativeunits shall produce and make public their school building improvement reportsby March 15, 1997, for the 1995‑96 school year, by October 15, 1997, forthe 1996‑97 school year, and annually thereafter. Each report shall bebased on building‑level data for the prior school year.
c4. To developguidelines, procedures, and rules to establish, implement, and enforce theSchool‑Based Management and Accountability Program under Article 8B ofthis Chapter in order to improve student performance, increase localflexibility and control, and promote economy and efficiency.
d. To formulate rulesand regulations for the enforcement of the compulsory attendance law.
e. To manage andoperate a system of insurance for public school property, as provided inArticle 38 of this Chapter.
Inmaking substantial policy changes in administration, curriculum, or programsthe Board should conduct hearings throughout the regions of the State, wheneverfeasible, in order that the public may be heard regarding these matters.
(9a),(9b) Repealed bySession Laws 2005‑458, s. 1, effective October 2, 2005.
(9c) Power to developcontent standards and exit standards. The Board shall develop a comprehensiveplan to revise content standards and the standard course of study in the coreacademic areas of reading, writing, mathematics, science, history, geography,and civics. The Board shall involve and survey a representative sample ofparents, teachers, and the public to help determine academic content standardpriorities and usefulness of the content standards. A full review of availableand relevant academic content standards that are rigorous, specific, sequenced,clear, focused, and measurable, whenever possible, shall be a part of theprocess of the development of content standards. The revised content standardsdeveloped in the core academic areas shall (i) reflect high expectations forstudents and an in‑depth mastery of the content; (ii) be clearly groundedin the content of each academic area; (iii) be defined grade‑by‑gradeand course‑by‑course; (iv) be understandable to parents andteachers; (v) be developed in full recognition of the time available to teachthe core academic areas at each grade level; and (vi) be measurable, wheneverpossible, in a reliable, valid, and efficient manner for accountabilitypurposes.
Highschool course content standards shall include the knowledge and skillsnecessary to pursue further postsecondary education or to attain employment inthe 21st century economy. The high school course content standardsalso shall be aligned with the minimum undergraduate course requirements foradmission to the constituent institutions of The University of North Carolina.The Board may develop exit standards that will be required for high schoolgraduation.
TheBoard also shall develop and implement an ongoing process to align Stateprograms and support materials with the revised academic content standards foreach core academic area on a regular basis. Alignment shall include revisingtextbook criteria, support materials, State tests, teacher and schooladministrator preparation, and ongoing professional development programs to becompatible with content standards. The Board shall develop and make availableto teachers and parents support materials, including teacher and parent guides,for academic content standards. The State Board of Education shall work incollaboration with the Board of Governors of The University of North Carolinato ensure that teacher and school administrator degree programs, ongoingprofessional development, and other university activity in the State's publicschools align with the State Board's priorities.
(10) Power to Provide forPrograms or Projects in the Cultural and Fine Arts Areas. The Board isauthorized and empowered, in its discretion, to make provisions for specialprograms or projects of a cultural and fine arts nature for the enrichment andstrengthening of educational opportunities for the children of the State.
Forthis purpose, the Board may use funds received from gifts or grants and, withthe approval of the Director of the Budget, may use State funds which the Boardmay find available in any budget administered by the Board.
(11) Power to ConductEducation Research. The Board is authorized to sponsor or conduct educationresearch and special school projects considered important by the Board forimproving the public schools of the State. Such research or projects may beconducted during the summer months and involve one or more local school unitsas the Board may determine. The Board may use any available funds for suchpurposes.
(12) Duty to Provide forSports Medicine and Emergency Paramedical Program. The State Board ofEducation is authorized and directed to develop a comprehensive plan to trainand make available to the public schools personnel who shall have majorresponsibility for exercising preventive measures against sports related deathsand injuries and for providing sports medicine and emergency paramedicalservices for injuries that occur in school related activities. The plan shallinclude, but is not limited to, the training, assignment of responsibilities,and appropriate additional reimbursement for individuals participating in theprogram.
TheState Board of Education is authorized and directed to develop animplementation schedule and a program funding formula that will enable eachhigh school to have a qualified sports medicine and emergency paramedicalprogram by July 1, 1984.
TheState Board of Education is authorized and directed to establish minimumeducational standards necessary to enable individuals serving as sportsmedicine and emergency paramedical staff to provide such services, includingfirst aid and emergency life saving skills, to students participating in schoolactivities.
(13) Power to PurchaseLiability Insurance. The Board is authorized to purchase insurance to protectboard members from liability incurred in the exercise of their duty as membersof the Board.
(14) Duty to ProvidePersonnel Information to Local Boards. Upon request, the State Board ofEducation and the Department of Public Instruction shall furnish to any countyor city board of education any and all available personnel information relatingto certification, evaluation and qualification including, but not limited to,semester hours or quarterly hours completed, graduate work, grades, scores,etc., that are on that date in the files of the State Board of Education orDepartment of Public Instruction.
(15) Duty to DevelopNoncertified Personnel Position Evaluation Descriptions. The Board isauthorized and directed to develop position evaluation descriptions coveringthose positions in local school administrative units for which certification bythe State Board of Education is not normally a prerequisite. The positionevaluation descriptions required in this subdivision are to be used by localboards of education as the basis for assignment of noncertified employees to anappropriate pay grade in accordance with salary grades and ranges adopted bythe State Board of Education. No appropriations are required by thissubdivision.
(16) Power with Regard toSalary Schedules. The Board shall provide for sick leave with pay for allpublic school employees in accordance with the provisions of this Chapter andshall promulgate rules and regulations providing for necessary substitutes onaccount of sick leave and other teacher absences.
a. Support personnelrefers to all public school employees who are not required by statute orregulation to be certified in order to be employed. The State Board ofEducation is authorized and empowered to adopt all necessary rules for fullimplementation of all schedules to the extent that State funds are madeavailable for support personnel.
b. Salary schedules forthe following public school support personnel shall be adopted by the StateBoard of Education: school finance officer, office support personnel, teacherassistants, maintenance supervisors, custodial personnel, and transportationpersonnel. The Board shall classify these support positions in terms of uniformpay grades included in the salary schedule of the State Personnel Commission.
Bythe end of the third payroll period of the 1995‑96 fiscal year, localboards of education shall place State‑allotted office support personnel,teacher assistants, and custodial personnel on the salary schedule adopted bythe State Board of Education so that the average salary paid is the State‑allottedamount for the category. In placing employees on the salary schedule, the localboard shall consider the education, training, and experience of each employee,including experience in other local school administrative units. It is theintent of the General Assembly that a local school administrative unit not failto employ an employee who was employed for the prior school year in order toimplement the provisions of this sub‑subdivision. A local board ofeducation is in compliance with this sub‑subdivision if the averagesalary paid is at least ninety‑five percent (95%) of the State‑allottedamount for the category at the end of the third payroll period of the 1995‑96fiscal year, and at least ninety‑eight percent (98%) of the State‑allottedamount for the category at the end of the third payroll period of eachsubsequent fiscal year. The Department of Public Instruction shall providetechnical assistance to local school administrative units regarding theimplementation of this sub‑subdivision.
c. Salary schedules forother support personnel, including but not limited to maintenance and schoolfood service personnel, shall be adopted by the State Board of Education. TheBoard shall classify these support positions in terms of uniform pay gradesincluded in the salary schedule of the State Personnel Commission. Theseschedules shall apply if the local board of education does not adopt a salaryschedule of its own for personnel paid from other than State appropriations.
(17) Power to provide forschool transportation programs. The State Board of Education is authorized andempowered to promulgate such policies, rules, and regulations as it may deemnecessary and desirable for the operation of a public school transportationsystem by each local administrative unit in the State. Such policies, rules,and regulations shall include, but are not limited to, fund allocations andfiscal support to assure the effective and efficient use of funds appropriatedby the General Assembly in support of the school transportation system. Nothingherein shall be construed to affect in any way or to lessen in any way the fulland complete authority of local boards of education to assign pupils to schoolsin accordance with G.S. 115C‑366.
(18) Duty to Develop andImplement a Uniform Education Reporting System, Which Shall Include Standardsand Procedures for Collecting Fiscal and Personnel Information.
a. The State Board ofEducation shall adopt standards and procedures for local school administrativeunits to provide timely, accurate, and complete fiscal and personnelinformation, including payroll information, on all school personnel. All localschool administrative units shall comply with these standards and procedures bythe beginning of the 1987‑88 school year.
b. The State Board ofEducation shall develop and implement a Uniform Education Reporting System thatshall include requirements for collecting, processing, and reporting fiscal,personnel, and student data, by means of electronic transfer of data files fromlocal computers to the State Computer Center through the State CommunicationsNetwork. All local school administrative units shall comply with therequirements of the Uniform Education Reporting System by the beginning of the1989‑90 school year.
c. The State Board ofEducation shall comply with the provisions of G.S. 116‑11(10a) to planand implement an exchange of information between the public schools and theinstitutions of higher education in the State. The State Board of Educationshall require local boards of education to provide to the parents of childrenat a school all information except for confidential information received aboutthat school from institutions of higher education pursuant to G.S. 116‑11(10a)and to make that information available to the general public.
d. The State Board ofEducation shall modify the Uniform Education Reporting System to provide clear,accurate, and standard information on the use of funds at the unit and schoollevel. The plan shall provide information that will enable the General Assemblyto determine State, local, and federal expenditures for personnel at the unitand school level. The plan also shall allow the tracking of expenditures fortextbooks, educational supplies and equipment, capital outlay, at‑riskstudents, and other purposes. The revised Uniform Education Reporting Systemshall be implemented beginning with the 1999‑2000 school year.
(19) Duty to IdentifyRequired Reports and to Eliminate Unnecessary Reports and Paperwork. Prior tothe beginning of each school year, the State Board of Education shall identifyall reports that are required at the State level for the school year.
TheState Board of Education shall adopt policies to ensure that local schooladministrative units are not required by the State Board of Education, theState Superintendent, or the Department of Public Instruction staff to (i)provide information that is already available on the student informationmanagement system or housed within the Department of Public Instruction; (ii)provide the same written information more than once during a school year unlessthe information has changed during the ensuing period; or (iii) complete forms,for children with disabilities, that are not necessary to ensure compliancewith the federal Individuals with Disabilities Education Act (IDEA).Notwithstanding the foregoing, the State Board may require informationavailable on its student information management system or require the sameinformation twice if the State Board can demonstrate a compelling need and candemonstrate there is not a more expeditious manner of getting the information.
(20) Duty to ReportAppointment of Caretaker Administrators and Boards. Pursuant to G.S. 120‑30.9Gthe State Board of Education shall submit to the Attorney General of the UnitedStates within 30 days any rules, policies, procedures, or actions takenpursuant to G.S. 115C‑64.4 which could result in the appointment of acaretaker administrator or board to perform any of the powers and duties of alocal board of education where that school administrative unit is covered bythe Voting Rights Act of 1965.
(21) Duty to Monitor Actsof School Violence. The State Board of Education shall monitor and compile anannual report on acts of violence in the public schools. The State Board shalladopt standard definitions for acts of school violence and shall require localboards of education to report them to the State Board in a standard formatadopted by the State Board. The State Board shall submit its report on acts ofviolence in the public schools to the Joint Legislative Education OversightCommittee by March 15 of each year.
(22) Duty to Monitor theDecisions of Teachers to Leave the Teaching Profession. The State Board ofEducation shall monitor and compile an annual report on the decisions ofteachers to leave the teaching profession. The State Board shall adopt standardprocedures for each local board of education to use in requesting theinformation from teachers who are not continuing to work as teachers in thelocal school administrative unit and shall require each local board ofeducation to report the information to the State Board in a standard formatadopted by the State Board.
(23) Power to AdoptEligibility Rules for Interscholastic Athletic Competition. The State Boardof Education may adopt rules governing interscholastic athletic activitiesconducted by local boards of education, including eligibility for studentparticipation. The State Board of Education may authorize a designatedorganization to apply and enforce the Board's rules governing participation ininterscholastic athletic activities at the high school level.
(24) Duty to DevelopStandards for Alternative Learning Programs, Provide Technical Assistance onImplementation of Programs, and Evaluate Programs. The State Board ofEducation shall adopt standards for assigning students to alternative learningprograms. These standards shall include (i) a description of the programs andservices that are recommended to be provided in alternative learning programsand (ii) a process for ensuring that an assignment is appropriate for thestudent and that the student's parents are involved in the decision. The StateBoard also shall adopt policies that define what constitutes an alternativeschool and an alternative learning program.
TheState Board of Education shall also adopt standards to require that localschool administrative units shall use (i) the teachers allocated for studentsassigned to alternative learning programs pursuant to the regular teacherallotment and (ii) the teachers allocated for students assigned to alternativelearning programs only to serve the needs of these students.
TheState Board of Education shall provide technical support to local schooladministrative units to assist them in developing and implementing plans andproposals for alternative learning programs.
TheState Board shall evaluate the effectiveness of alternative learning programsand, in its discretion, of any other programs funded from the AlternativeSchools/At‑Risk Student allotment. Local school administrative unitsshall report to the State Board of Education on how funds in the AlternativeSchools/At‑Risk Student allotment are spent and shall otherwise cooperatewith the State Board of Education in evaluating the alternative learningprograms. As part of its evaluation of the effectiveness of these programs, theState Board shall, through the application of the accountability systemdeveloped under G.S. 115C‑105.35, measure the educational performance andgrowth of students placed in alternative schools and alternative programs. Ifappropriate, the Board may modify this system to adapt to the specificcharacteristics of these schools. Also as part of its evaluation, the StateBoard shall evaluate its standards adopted under this subdivision and make anynecessary changes to those standards based on strategies that have been provensuccessful in improving student achievement and shall report to the JointLegislative Education Oversight Committee by April 15, 2006 to determine if anychanges are necessary to improve the implementation of successful alternativelearning programs and alternative schools.
(25) Duty to Report toJoint Legislative Education Oversight Committee. Upon the request of theJoint Legislative Education Oversight Committee, the State Board shall examineand evaluate issues, programs, policies, and fiscal information, and shall makereports to that Committee. Furthermore, beginning October 15, 1997, andannually thereafter, the State Board shall submit reports to that Committeeregarding the continued implementation of Chapter 716 of the 1995 Session Laws,1996 Regular Session. Each report shall include information regarding thecomposition and activity of assistance teams, schools that received incentiveawards, schools identified as low‑performing, school improvement plansfound to significantly improve student performance, personnel actions taken inlow‑performing schools, and recommendations for additional legislation toimprove student performance and increase local flexibility.
(26) Duty to Monitor andMake Recommendations Regarding Professional Development Programs. The StateBoard of Education, in collaboration with the Board of Governors of TheUniversity of North Carolina, shall identify and make recommendations regardingmeaningful professional development programs for professional public schoolemployees. The programs shall be aligned with State education goals anddirected toward improving student academic achievement. The State Board shallannually evaluate and, after consultation with the Board of Governors, makerecommendations regarding professional development programs based upon reportssubmitted by the Board of Governors under G.S. 116‑11(12a).
(27) Reporting DropoutRates, Suspensions, Expulsions, and Alternative Placements. The State Boardshall report by March 15 of each year to the Joint Legislative EducationOversight Committee on the numbers of students who have dropped out of school,been suspended, been expelled, or been placed in an alternative program. Thedata shall be reported in a disaggregated manner and be readily available tothe public. The State Board shall not include students that have been expelledfrom school when calculating the dropout rate. The Board shall maintain aseparate record of the number of students who are expelled from school.
(27a) Reducing SchoolDropout Rates. The State Board of Education shall develop a statewide plan toimprove the State's tracking of dropout data so that accurate and usefulcomparisons can be made over time. The plan shall include, at a minimum, howdropouts are counted and the methodology for calculating the dropout rate, theability to track students movements among schools and districts, and theability to provide information on who drops out and why.
(28) Duty to Develop Rulesfor Issuance of Driving Eligibility Certificates. The State Board ofEducation shall adopt the following rules to assist schools in theiradministration of procedures necessary to implement G.S. 20‑11 and G.S.20‑13.2:
a. To define what isequivalent to a high school diploma for the purposes of G.S. 20‑11 andG.S. 20‑13.2. These rules shall apply to all educational programs offeredin the State by public schools, charter schools, nonpublic schools, orcommunity colleges.
b. To establish theprocedures a person who is or was enrolled in a public school or in a charterschool must follow and the requirements that person shall meet to obtain adriving eligibility certificate.
c. To require theperson who is required under G.S. 20‑11(n) to sign the drivingeligibility certificate to provide the certificate if he or she determines thatone of the following requirements is met:
1. The person seekingthe certificate is eligible for the certificate under G.S. 20‑11(n)(1)and is not subject to G.S. 20‑11(n1).
2. The person seekingthe certificate is eligible for the certificate under G.S. 20‑11(n)(1)and G.S. 20‑11(n1).
These rules shall apply topublic schools and charter schools.
d. To provide for anappeal to an appropriate education authority by a person who is denied adriving eligibility certificate. These rules shall apply to public schools andcharter schools.
e. To define exemplarystudent behavior and to define what constitutes the successful completion of adrug or alcohol treatment counseling program. These rules shall apply to publicschools and charter schools.
TheState Board also shall develop policies as to when it is appropriate to notifythe Division of Motor Vehicles that a person who is or was enrolled in a publicschool or in a charter school no longer meets the requirements for a drivingeligibility certificate.
TheState Board shall develop a form for parents, guardians, or emancipatedjuveniles, as appropriate, to provide their written, irrevocable consent for aschool to disclose to the Division of Motor Vehicles that the student no longermeets the conditions for a driving eligibility certificate under G.S. 20‑11(n)(1)or G.S. 20‑11(n1), if applicable, in the event that this disclosure isnecessary to comply with G.S. 20‑11 or G.S. 20‑13.2. Other thanidentifying under which statutory subsection the student is no longer eligible,no other details or information concerning the student's school record shall bereleased pursuant to this consent. This form shall be used for studentsenrolled in public schools or charter schools.
TheState Board of Education may use funds appropriated for drivers education tocover the costs of driving eligibility certificates.
(29) To issue special highschool diplomas to veterans of World War II Korea, and Vietnam. The StateBoard of Education shall issue special high school diplomas to all honorablydischarged veterans of World War II, the Korean Conflict, and the Vietnam erawho request special diplomas and have not previously received high schooldiplomas.
(30) Duty to Adopt ModelGuidelines and Policies for the Establishment of Local Task Forces on Closingthe Academic Achievement Gap. The State Board shall adopt a Model for localschool administrative units to use as a guideline to establish local taskforces on closing the academic achievement gap at the discretion of the localboard. The purpose of each task force is to advise and work with its localboard of education and administration on closing the gap in academicachievement and on developing a collaborative plan for achieving that goal. TheState Board shall consider the recommendations of the Commission on Improvingthe Academic Achievement of Minority and At‑Risk Students to the 2001Session of the General Assembly in establishing its guidelines.
(30a) Duty to Assist Schoolsin Meeting Adequate Yearly Progress. The State Board of Education shall:
a. Identify whichschools are meeting adequate yearly progress with subgroups as specified in theNo Child Left Behind Act of 2001;
b. Study theinstructional, administrative, and fiscal practices and policies employed bythe schools selected by the State Board of Education that are meeting adequateyearly progress specified in the No Child Left Behind Act of 2001;
c. Create assistancemodels for each subgroup based on the practices and policies used in schoolsthat are meeting adequate yearly progress. The schools of education at theconstituent institutions of The University of North Carolina, in collaborationwith the University of North Carolina Center for School Leadership Development,shall assist the State Board of Education in developing these models; and
d. Offer technicalassistance based on these assistance models to local school administrativeunits not meeting adequate yearly progress, giving priority to those localschool administrative units with high concentrations of schools that are notmeeting adequate yearly progress. The State Board of Education shall determinethe number of local school administrative units that can be served effectivelyin the first two years. This technical assistance shall include peer assistanceand professional development by teachers, support personnel, and administratorsin schools with subgroups that are meeting adequate yearly progress.
(31) To Adopt Guidelinesfor Individual Diabetes Care Plans. The State Board shall adopt guidelinesfor the development and implementation of individual diabetes care plans. TheState Board shall consult with the North Carolina Diabetes Advisory Councilestablished by the Department of Health and Human Services in the developmentof these guidelines. The State Board also shall consult with local schooladministrative unit employees who have been designated as responsible forcoordinating their individual unit's efforts to comply with federal regulationsadopted under Section 504 of the Rehabilitation Act of 1973, as amended, 29U.S.C. § 794. In its development of these guidelines, the State Board shallrefer to the guidelines recommended by the American Diabetes Association forthe management of children with diabetes in the school and day care setting andshall consider recent resolutions by the United States Department ofEducation's Office of Civil Rights of investigations into complaints allegingdiscrimination against students with diabetes.
Theguidelines adopted by the State Board shall include:
a. Procedures for thedevelopment of an individual diabetes care plan at the written request of the student'sparent or guardian, and involving the parent or guardian, the student's healthcare provider, the student's classroom teacher, the student if appropriate, theschool nurse if available, and other appropriate school personnel.
b. Procedures for regularreview of an individual care plan.
c. Information to beincluded in a diabetes care plan, including the responsibilities andappropriate staff development for teachers and other school personnel, anemergency care plan, the identification of allowable actions to be taken, theextent to which the student is able to participate in the student's diabetescare and management, and other information necessary for teachers and otherschool personnel in order to offer appropriate assistance and support to thestudent. The State Board shall ensure that the information and allowableactions included in a diabetes care plan as required in this subdivision meetor exceed the American Diabetes Association's recommendations for themanagement of children with diabetes in the school and day care setting.
d. Information andstaff development to be made available to teachers and other school personnelin order to appropriately support and assist students with diabetes.
TheState Board shall ensure that these guidelines are updated as necessary andshall ensure that the guidelines and any subsequent changes are published anddisseminated to local school administrative units.
(32) Duty to EncourageEarly Entry of Motivated Students into Four‑Year College Programs. TheState Board of Education, in cooperation with the Education Cabinet, shall workwith local school administrative units, the constituent institutions of TheUniversity of North Carolina, local community colleges, and private collegesand universities to (i) encourage early entry of motivated students into four‑yearcollege programs and to (ii) ensure that there are opportunities at four‑yearinstitutions for academically talented high school students to get an earlystart on college coursework, either at nearby institutions or through distancelearning.
TheState Board of Education shall also adopt policies directing school guidancecounselors to make ninth grade students aware of the potential to complete thehigh school courses required for college entry in a three‑year period.
(33) Duty to DevelopRecommended Programs for Use in Schools on Memorial Day. The State Board ofEducation shall develop recommended instructional programs that enable studentsto gain a better understanding of the meaning and importance of Memorial Day.All schools, especially schools that hold school on Memorial Day, shallrecognize the significance of Memorial Day.
(34) Duty to Protect theHealth of School‑Age Children From Toxicants at School. The State Boardshall address public health and environmental issues in the classroom and onschool grounds by doing all of the following:
a. Develop guidelinesfor sealing existing arsenic‑treated wood in playground equipment orestablish a time line for removing existing arsenic‑treated wood onplaygrounds and testing the soil on school grounds for contamination caused bythe leaching of arsenic‑treated wood in other areas where children may beat particularly high risk of exposure.
b. Establish guidelinesto reduce students' exposure to diesel emissions that can occur as a result ofunnecessary school bus idling, nose‑to‑tail parking, andinefficient route assignments.
c. Study methods formold and mildew prevention and mitigation and incorporate recommendations intothe public school facilities guidelines as needed.
d. Establish guidelinesfor Integrated Pest Management consistent with the policy of The North CarolinaSchool Boards Association, Inc., as published in 2004. These guidelines may beupdated as needed to reflect changes in technology.
e. Establish guidelinesfor notification of students' parents, guardians, or custodians as well asschool staff of pesticide use on school grounds.
(35) To encourage localboards of education to enter into agreements regarding the joint use of facilitiesfor physical activity. The State Board of Education shall encourage localboards of education to enter into agreements with local governments and otherentities regarding the joint use of their facilities for physical activity. Theagreements should delineate opportunities, guidelines, and the roles andresponsibilities of the parties, including responsibilities for maintenance andliability.
(36) Duty to chargetuition for the Governor's School of North Carolina. The State Board ofEducation shall implement a five‑hundred‑dollar ($500.00) tuitioncharge for students attending the Governor's School of North Carolina. (1955, c. 1372, art. 2, s.2; art. 17, s. 6; art. 18, s. 2; 1957, c. 541, s. 11; 1959, c. 1294; 1961, c.969; 1963, c. 448, ss. 24, 27; c. 688, ss. 1, 2; c. 1223, s. 1; 1965, c. 584,s. 20.1; c. 1185, s. 2; 1967, c. 643, s. 1; 1969, c. 517, s. 1; 1971, c. 704,s. 4; c. 745; 1973, c. 236; c. 476, s. 138; c. 675; 1975, c. 686, s. 1; c. 699,s. 2; c. 975; 1979, c. 300, s. 1; c. 935; c. 986; 1981, c. 423, s. 1; 1983, c.630, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 16; 1985, c. 479, s. 55(c)(3);c. 757, s. 145(a); 1985 (Reg. Sess., 1986), c. 975, s. 24; 1987, c. 414, s. 1;1987 (Reg. Sess., 1988), c. 1025, ss. 1, 3; 1989, c. 585, s. 1; c. 752, s.65(c); c. 778, s. 6; 1991, c. 529, s. 3; c. 689, s. 196(b); 1991 (Reg. Sess.,1992), c. 880, s. 3; c. 900, s. 75.1(e); 1993, c. 321, ss. 125, 133(a), 139(b);1993 (Reg. Sess., 1994), c. 769, ss. 19(a), 19.9; 1995, c. 60, s. 1; c. 324, s.17.15(a); c. 450, s. 4; c. 509, s. 59; 1995 (Reg. Sess., 1996), c. 716, s. 1;1996, 2nd Ex. Sess., c. 18, ss.18.4, 18.28(a); 1997‑18, s. 15(a), (c)‑(e); 1997‑221, s.12(a); 1997‑239, s. 1; 1997‑443, s. 8.27(a), (e); 1997‑443,s. 8.29(o), (u); 1997‑507, s. 3; 1998‑153, s. 16(b); 1998‑212,ss. 9.16(a), 9.23; 1999‑237, s. 8.25(d); 1999‑243, s. 5; 1999‑397,s. 3; 2001‑86, s. 1; 2001‑151, s. 1; 2001‑424, ss. 28.30(e),(f), 31.4(a); 2002‑103, s. 1; 2002‑126, s. 7.15; 2002‑159, s.63; 2002‑178, s. 1(a); 2003‑251, s. 1; 2003‑419, s. 1; 2005‑155,s. 1; 2005‑276, ss. 7.18, 9.34(a); 2005‑446, s. 1; 2005‑458,ss. 1, 2; 2006‑75, s. 1; 2006‑143, s. 1; 2006‑203, s. 30;2006‑260, s. 1; 2009‑305, s. 4; 2009‑334, s. 1; 2009‑451,s. 7.39(a).)
§ 115C‑12. Powers andduties of the Board generally.
The general supervision andadministration of the free public school system shall be vested in the StateBoard of Education. The State Board of Education shall establish policy for thesystem of free public schools, subject to laws enacted by the General Assembly.The powers and duties of the State Board of Education are defined as follows:
(1) Financial Powers. Thefinancial powers of the Board are set forth in Article 30 of this Chapter.
(1a) To Submit a BudgetRequest to the Director of the Budget. The Board shall submit a budgetrequest to the Director of the Budget in accordance with G.S. 143C‑3‑3.In addition to the information requested by the Director of the Budget, theBoard shall provide an analysis relating each of its requests for expansionfunds to anticipated improvements in student performance.
(2) Repealed by SessionLaws 1985 (Regular Session, 1986), c. 975, s. 24.
(3),(4) Repealed by SessionLaws 1987 (Regular Session, 1988), c. 1025, s. 1.
(5) Apportionment ofFunds. The Board shall have authority to apportion and equalize over theState all State school funds and all federal funds granted to the State forassistance to educational programs administered within or sponsored by the publicschool system of the State.
(6) Power to DemandRefund for Inaccurate Apportionment Due to False Attendance Records. When itshall be found by the State Board of Education that inaccurate attendancerecords have been filed with the State Board of Education which resulted in anexcess allotment of funds for teacher salaries in any school unit in any schoolyear, the school unit concerned may be required to refund to the State Boardthe amount allotted to said unit in excess of the amount an accurate attendancerecord would have justified.
(7) Power to Alter theBoundaries of City School Administrative Units and to Approve Agreements forthe Consolidation and Merger of School Administrative Units Located in the SameCounty. The Board shall have authority, in its discretion, to alter theboundaries of city school administrative units and to approve agreementssubmitted by county and city boards of education requesting the merger of twoor more contiguous city school administrative units and the merger of cityschool administrative units with county school administrative units and theconsolidation of all the public schools in the respective units under theadministration of one board of education: Provided, that such merger of unitsand reorganization of school units shall not have the effect of abolishing anyspecial taxes that may have been voted in any such units.
(8) Power to MakeProvisions for Sick Leave and for Substitute Teachers. The Board shallprovide for sick leave with pay for all public school employees in accordancewith the provisions of this Chapter and shall promulgate rules and regulationsproviding for necessary substitutes on account of sick leave and other teacherabsences.
Theminimum pay for a substitute teacher who holds a teaching certificate shall besixty‑five percent (65%) of the daily pay rate of an entry‑levelteacher with an "A" certificate. The minimum pay for a substituteteacher who does not hold a teaching certificate shall be fifty percent (50%)of the daily pay rate of an entry‑level teacher with an "A"certificate. The pay for noncertified substitutes shall not exceed the pay ofcertified substitutes.
Localboards may use State funds allocated for substitute teachers to hire full‑timesubstitute teachers.
If ateacher assistant acts as a substitute teacher, the salary of the teacherassistant for the day shall be the same as the daily salary of an entry‑levelteacher with an "A" certificate.
(9) Miscellaneous Powersand Duties. All the powers and duties exercised by the State Board ofEducation shall be in conformity with the Constitution and subject to such lawsas may be enacted from time to time by the General Assembly. Among such dutiesare:
a. To certify andregulate the grade and salary of teachers and other school employees.
b. To adopt and supplytextbooks.
c. To adopt rulesrequiring all local boards of education to implement the Basic EducationProgram on an incremental basis within funds appropriated for that purpose bythe General Assembly and by units of local government. Beginning with the 1991‑92school year, the rules shall require each local school administrative unit toimplement fully the standard course of study in every school in the State inaccordance with the Basic Education Program so that every student in the Stateshall have equal access to the curriculum as provided in the Basic EducationProgram and the standard course of study.
TheBoard shall establish benchmarks by which to measure the progress that eachlocal board of education has made in implementing the Basic Education Program.
c1. To issue an annual"report card" for the State and for each local school administrativeunit, assessing each unit's efforts to improve student performance based on thegrowth in performance of the students in each school and taking into accountprogress over the previous years' level of performance and the State'sperformance in comparison with other states. This assessment shall take intoaccount factors that have been shown to affect student performance and that theState Board considers relevant to assess the State's efforts to improve studentperformance.
c2. Repealed by SessionLaws 1995 (Regular Session, 1996), c. 716, s. 1.
c3. To develop a systemof school building improvement reports for each school building. The purpose ofschool building improvement reports is to measure improvement in the growth instudent performance at each school building from year to year, not to compareschool buildings. The Board shall include in the building reports any factorsshown to affect student performance that the Board considers relevant to assessa school's efforts to improve student performance. Local school administrativeunits shall produce and make public their school building improvement reportsby March 15, 1997, for the 1995‑96 school year, by October 15, 1997, forthe 1996‑97 school year, and annually thereafter. Each report shall bebased on building‑level data for the prior school year.
c4. To developguidelines, procedures, and rules to establish, implement, and enforce theSchool‑Based Management and Accountability Program under Article 8B ofthis Chapter in order to improve student performance, increase localflexibility and control, and promote economy and efficiency.
d. To formulate rulesand regulations for the enforcement of the compulsory attendance law.
e. To manage andoperate a system of insurance for public school property, as provided inArticle 38 of this Chapter.
Inmaking substantial policy changes in administration, curriculum, or programsthe Board should conduct hearings throughout the regions of the State, wheneverfeasible, in order that the public may be heard regarding these matters.
(9a),(9b) Repealed bySession Laws 2005‑458, s. 1, effective October 2, 2005.
(9c) Power to developcontent standards and exit standards. The Board shall develop a comprehensiveplan to revise content standards and the standard course of study in the coreacademic areas of reading, writing, mathematics, science, history, geography,and civics. The Board shall involve and survey a representative sample ofparents, teachers, and the public to help determine academic content standardpriorities and usefulness of the content standards. A full review of availableand relevant academic content standards that are rigorous, specific, sequenced,clear, focused, and measurable, whenever possible, shall be a part of theprocess of the development of content standards. The revised content standardsdeveloped in the core academic areas shall (i) reflect high expectations forstudents and an in‑depth mastery of the content; (ii) be clearly groundedin the content of each academic area; (iii) be defined grade‑by‑gradeand course‑by‑course; (iv) be understandable to parents andteachers; (v) be developed in full recognition of the time available to teachthe core academic areas at each grade level; and (vi) be measurable, wheneverpossible, in a reliable, valid, and efficient manner for accountabilitypurposes.
Highschool course content standards shall include the knowledge and skillsnecessary to pursue further postsecondary education or to attain employment inthe 21st century economy. The high school course content standardsalso shall be aligned with the minimum undergraduate course requirements foradmission to the constituent institutions of The University of North Carolina.The Board may develop exit standards that will be required for high schoolgraduation.
TheBoard also shall develop and implement an ongoing process to align Stateprograms and support materials with the revised academic content standards foreach core academic area on a regular basis. Alignment shall include revisingtextbook criteria, support materials, State tests, teacher and schooladministrator preparation, and ongoing professional development programs to becompatible with content standards. The Board shall develop and make availableto teachers and parents support materials, including teacher and parent guides,for academic content standards. The State Board of Education shall work incollaboration with the Board of Governors of The University of North Carolinato ensure that teacher and school administrator degree programs, ongoingprofessional development, and other university activity in the State's publicschools align with the State Board's priorities.
(10) Power to Provide forPrograms or Projects in the Cultural and Fine Arts Areas. The Board isauthorized and empowered, in its discretion, to make provisions for specialprograms or projects of a cultural and fine arts nature for the enrichment andstrengthening of educational opportunities for the children of the State.
Forthis purpose, the Board may use funds received from gifts or grants and, withthe approval of the Director of the Budget, may use State funds which the Boardmay find available in any budget administered by the Board.
(11) Power to ConductEducation Research. The Board is authorized to sponsor or conduct educationresearch and special school projects considered important by the Board forimproving the public schools of the State. Such research or projects may beconducted during the summer months and involve one or more local school unitsas the Board may determine. The Board may use any available funds for suchpurposes.
(12) Duty to Provide forSports Medicine and Emergency Paramedical Program. The State Board ofEducation is authorized and directed to develop a comprehensive plan to trainand make available to the public schools personnel who shall have majorresponsibility for exercising preventive measures against sports related deathsand injuries and for providing sports medicine and emergency paramedicalservices for injuries that occur in school related activities. The plan shallinclude, but is not limited to, the training, assignment of responsibilities,and appropriate additional reimbursement for individuals participating in theprogram.
TheState Board of Education is authorized and directed to develop animplementation schedule and a program funding formula that will enable eachhigh school to have a qualified sports medicine and emergency paramedicalprogram by July 1, 1984.
TheState Board of Education is authorized and directed to establish minimumeducational standards necessary to enable individuals serving as sportsmedicine and emergency paramedical staff to provide such services, includingfirst aid and emergency life saving skills, to students participating in schoolactivities.
(13) Power to PurchaseLiability Insurance. The Board is authorized to purchase insurance to protectboard members from liability incurred in the exercise of their duty as membersof the Board.
(14) Duty to ProvidePersonnel Information to Local Boards. Upon request, the State Board ofEducation and the Department of Public Instruction shall furnish to any countyor city board of education any and all available personnel information relatingto certification, evaluation and qualification including, but not limited to,semester hours or quarterly hours completed, graduate work, grades, scores,etc., that are on that date in the files of the State Board of Education orDepartment of Public Instruction.
(15) Duty to DevelopNoncertified Personnel Position Evaluation Descriptions. The Board isauthorized and directed to develop position evaluation descriptions coveringthose positions in local school administrative units for which certification bythe State Board of Education is not normally a prerequisite. The positionevaluation descriptions required in this subdivision are to be used by localboards of education as the basis for assignment of noncertified employees to anappropriate pay grade in accordance with salary grades and ranges adopted bythe State Board of Education. No appropriations are required by thissubdivision.
(16) Power with Regard toSalary Schedules. The Board shall provide for sick leave with pay for allpublic school employees in accordance with the provisions of this Chapter andshall promulgate rules and regulations providing for necessary substitutes onaccount of sick leave and other teacher absences.
a. Support personnelrefers to all public school employees who are not required by statute orregulation to be certified in order to be employed. The State Board ofEducation is authorized and empowered to adopt all necessary rules for fullimplementation of all schedules to the extent that State funds are madeavailable for support personnel.
b. Salary schedules forthe following public school support personnel shall be adopted by the StateBoard of Education: school finance officer, office support personnel, teacherassistants, maintenance supervisors, custodial personnel, and transportationpersonnel. The Board shall classify these support positions in terms of uniformpay grades included in the salary schedule of the State Personnel Commission.
Bythe end of the third payroll period of the 1995‑96 fiscal year, localboards of education shall place State‑allotted office support personnel,teacher assistants, and custodial personnel on the salary schedule adopted bythe State Board of Education so that the average salary paid is the State‑allottedamount for the category. In placing employees on the salary schedule, the localboard shall consider the education, training, and experience of each employee,including experience in other local school administrative units. It is theintent of the General Assembly that a local school administrative unit not failto employ an employee who was employed for the prior school year in order toimplement the provisions of this sub‑subdivision. A local board ofeducation is in compliance with this sub‑subdivision if the averagesalary paid is at least ninety‑five percent (95%) of the State‑allottedamount for the category at the end of the third payroll period of the 1995‑96fiscal year, and at least ninety‑eight percent (98%) of the State‑allottedamount for the category at the end of the third payroll period of eachsubsequent fiscal year. The Department of Public Instruction shall providetechnical assistance to local school administrative units regarding theimplementation of this sub‑subdivision.
c. Salary schedules forother support personnel, including but not limited to maintenance and schoolfood service personnel, shall be adopted by the State Board of Education. TheBoard shall classify these support positions in terms of uniform pay gradesincluded in the salary schedule of the State Personnel Commission. Theseschedules shall apply if the local board of education does not adopt a salaryschedule of its own for personnel paid from other than State appropriations.
(17) Power to provide forschool transportation programs. The State Board of Education is authorized andempowered to promulgate such policies, rules, and regulations as it may deemnecessary and desirable for the operation of a public school transportationsystem by each local administrative unit in the State. Such policies, rules,and regulations shall include, but are not limited to, fund allocations andfiscal support to assure the effective and efficient use of funds appropriatedby the General Assembly in support of the school transportation system. Nothingherein shall be construed to affect in any way or to lessen in any way the fulland complete authority of local boards of education to assign pupils to schoolsin accordance with G.S. 115C‑366.
(18) Duty to Develop andImplement a Uniform Education Reporting System, Which Shall Include Standardsand Procedures for Collecting Fiscal and Personnel Information.
a. The State Board ofEducation shall adopt standards and procedures for local school administrativeunits to provide timely, accurate, and complete fiscal and personnelinformation, including payroll information, on all school personnel. All localschool administrative units shall comply with these standards and procedures bythe beginning of the 1987‑88 school year.
b. The State Board ofEducation shall develop and implement a Uniform Education Reporting System thatshall include requirements for collecting, processing, and reporting fiscal,personnel, and student data, by means of electronic transfer of data files fromlocal computers to the State Computer Center through the State CommunicationsNetwork. All local school administrative units shall comply with therequirements of the Uniform Education Reporting System by the beginning of the1989‑90 school year.
c. The State Board ofEducation shall comply with the provisions of G.S. 116‑11(10a) to planand implement an exchange of information between the public schools and theinstitutions of higher education in the State. The State Board of Educationshall require local boards of education to provide to the parents of childrenat a school all information except for confidential information received aboutthat school from institutions of higher education pursuant to G.S. 116‑11(10a)and to make that information available to the general public.
d. The State Board ofEducation shall modify the Uniform Education Reporting System to provide clear,accurate, and standard information on the use of funds at the unit and schoollevel. The plan shall provide information that will enable the General Assemblyto determine State, local, and federal expenditures for personnel at the unitand school level. The plan also shall allow the tracking of expenditures fortextbooks, educational supplies and equipment, capital outlay, at‑riskstudents, and other purposes. The revised Uniform Education Reporting Systemshall be implemented beginning with the 1999‑2000 school year.
(19) Duty to IdentifyRequired Reports and to Eliminate Unnecessary Reports and Paperwork. Prior tothe beginning of each school year, the State Board of Education shall identifyall reports that are required at the State level for the school year.
TheState Board of Education shall adopt policies to ensure that local schooladministrative units are not required by the State Board of Education, theState Superintendent, or the Department of Public Instruction staff to (i)provide information that is already available on the student informationmanagement system or housed within the Department of Public Instruction; (ii)provide the same written information more than once during a school year unlessthe information has changed during the ensuing period; or (iii) complete forms,for children with disabilities, that are not necessary to ensure compliancewith the federal Individuals with Disabilities Education Act (IDEA).Notwithstanding the foregoing, the State Board may require informationavailable on its student information management system or require the sameinformation twice if the State Board can demonstrate a compelling need and candemonstrate there is not a more expeditious manner of getting the information.
(20) Duty to ReportAppointment of Caretaker Administrators and Boards. Pursuant to G.S. 120‑30.9Gthe State Board of Education shall submit to the Attorney General of the UnitedStates within 30 days any rules, policies, procedures, or actions takenpursuant to G.S. 115C‑64.4 which could result in the appointment of acaretaker administrator or board to perform any of the powers and duties of alocal board of education where that school administrative unit is covered bythe Voting Rights Act of 1965.
(21) Duty to Monitor Actsof School Violence. The State Board of Education shall monitor and compile anannual report on acts of violence in the public schools. The State Board shalladopt standard definitions for acts of school violence and shall require localboards of education to report them to the State Board in a standard formatadopted by the State Board. The State Board shall submit its report on acts ofviolence in the public schools to the Joint Legislative Education OversightCommittee by March 15 of each year.
(22) Duty to Monitor theDecisions of Teachers to Leave the Teaching Profession. The State Board ofEducation shall monitor and compile an annual report on the decisions ofteachers to leave the teaching profession. The State Board shall adopt standardprocedures for each local board of education to use in requesting theinformation from teachers who are not continuing to work as teachers in thelocal school administrative unit and shall require each local board ofeducation to report the information to the State Board in a standard formatadopted by the State Board.
(23) Power to AdoptEligibility Rules for Interscholastic Athletic Competition. The State Boardof Education may adopt rules governing interscholastic athletic activitiesconducted by local boards of education, including eligibility for studentparticipation. The State Board of Education may authorize a designatedorganization to apply and enforce the Board's rules governing participation ininterscholastic athletic activities at the high school level.
(24) Duty to DevelopStandards for Alternative Learning Programs, Provide Technical Assistance onImplementation of Programs, and Evaluate Programs. The State Board ofEducation shall adopt standards for assigning students to alternative learningprograms. These standards shall include (i) a description of the programs andservices that are recommended to be provided in alternative learning programsand (ii) a process for ensuring that an assignment is appropriate for thestudent and that the student's parents are involved in the decision. The StateBoard also shall adopt policies that define what constitutes an alternativeschool and an alternative learning program.
TheState Board of Education shall also adopt standards to require that localschool administrative units shall use (i) the teachers allocated for studentsassigned to alternative learning programs pursuant to the regular teacherallotment and (ii) the teachers allocated for students assigned to alternativelearning programs only to serve the needs of these students.
TheState Board of Education shall provide technical support to local schooladministrative units to assist them in developing and implementing plans andproposals for alternative learning programs.
TheState Board shall evaluate the effectiveness of alternative learning programsand, in its discretion, of any other programs funded from the AlternativeSchools/At‑Risk Student allotment. Local school administrative unitsshall report to the State Board of Education on how funds in the AlternativeSchools/At‑Risk Student allotment are spent and shall otherwise cooperatewith the State Board of Education in evaluating the alternative learningprograms. As part of its evaluation of the effectiveness of these programs, theState Board shall, through the application of the accountability systemdeveloped under G.S. 115C‑105.35, measure the educational performance andgrowth of students placed in alternative schools and alternative programs. Ifappropriate, the Board may modify this system to adapt to the specificcharacteristics of these schools. Also as part of its evaluation, the StateBoard shall evaluate its standards adopted under this subdivision and make anynecessary changes to those standards based on strategies that have been provensuccessful in improving student achievement and shall report to the JointLegislative Education Oversight Committee by April 15, 2006 to determine if anychanges are necessary to improve the implementation of successful alternativelearning programs and alternative schools.
(25) Duty to Report toJoint Legislative Education Oversight Committee. Upon the request of theJoint Legislative Education Oversight Committee, the State Board shall examineand evaluate issues, programs, policies, and fiscal information, and shall makereports to that Committee. Furthermore, beginning October 15, 1997, andannually thereafter, the State Board shall submit reports to that Committeeregarding the continued implementation of Chapter 716 of the 1995 Session Laws,1996 Regular Session. Each report shall include information regarding thecomposition and activity of assistance teams, schools that received incentiveawards, schools identified as low‑performing, school improvement plansfound to significantly improve student performance, personnel actions taken inlow‑performing schools, and recommendations for additional legislation toimprove student performance and increase local flexibility.
(26) Duty to Monitor andMake Recommendations Regarding Professional Development Programs. The StateBoard of Education, in collaboration with the Board of Governors of TheUniversity of North Carolina, shall identify and make recommendations regardingmeaningful professional development programs for professional public schoolemployees. The programs shall be aligned with State education goals anddirected toward improving student academic achievement. The State Board shallannually evaluate and, after consultation with the Board of Governors, makerecommendations regarding professional development programs based upon reportssubmitted by the Board of Governors under G.S. 116‑11(12a).
(27) Reporting DropoutRates, Suspensions, Expulsions, and Alternative Placements. The State Boardshall report by March 15 of each year to the Joint Legislative EducationOversight Committee on the numbers of students who have dropped out of school,been suspended, been expelled, or been placed in an alternative program. Thedata shall be reported in a disaggregated manner and be readily available tothe public. The State Board shall not include students that have been expelledfrom school when calculating the dropout rate. The Board shall maintain aseparate record of the number of students who are expelled from school.
(27a) Reducing SchoolDropout Rates. The State Board of Education shall develop a statewide plan toimprove the State's tracking of dropout data so that accurate and usefulcomparisons can be made over time. The plan shall include, at a minimum, howdropouts are counted and the methodology for calculating the dropout rate, theability to track students movements among schools and districts, and theability to provide information on who drops out and why.
(28) Duty to Develop Rulesfor Issuance of Driving Eligibility Certificates. The State Board ofEducation shall adopt the following rules to assist schools in theiradministration of procedures necessary to implement G.S. 20‑11 and G.S.20‑13.2:
a. To define what isequivalent to a high school diploma for the purposes of G.S. 20‑11 andG.S. 20‑13.2. These rules shall apply to all educational programs offeredin the State by public schools, charter schools, nonpublic schools, orcommunity colleges.
b. To establish theprocedures a person who is or was enrolled in a public school or in a charterschool must follow and the requirements that person shall meet to obtain adriving eligibility certificate.
c. To require theperson who is required under G.S. 20‑11(n) to sign the drivingeligibility certificate to provide the certificate if he or she determines thatone of the following requirements is met:
1. The person seekingthe certificate is eligible for the certificate under G.S. 20‑11(n)(1)and is not subject to G.S. 20‑11(n1).
2. The person seekingthe certificate is eligible for the certificate under G.S. 20‑11(n)(1)and G.S. 20‑11(n1).
These rules shall apply topublic schools and charter schools.
d. To provide for anappeal to an appropriate education authority by a person who is denied adriving eligibility certificate. These rules shall apply to public schools andcharter schools.
e. To define exemplarystudent behavior and to define what constitutes the successful completion of adrug or alcohol treatment counseling program. These rules shall apply to publicschools and charter schools.
TheState Board also shall develop policies as to when it is appropriate to notifythe Division of Motor Vehicles that a person who is or was enrolled in a publicschool or in a charter school no longer meets the requirements for a drivingeligibility certificate.
TheState Board shall develop a form for parents, guardians, or emancipatedjuveniles, as appropriate, to provide their written, irrevocable consent for aschool to disclose to the Division of Motor Vehicles that the student no longermeets the conditions for a driving eligibility certificate under G.S. 20‑11(n)(1)or G.S. 20‑11(n1), if applicable, in the event that this disclosure isnecessary to comply with G.S. 20‑11 or G.S. 20‑13.2. Other thanidentifying under which statutory subsection the student is no longer eligible,no other details or information concerning the student's school record shall bereleased pursuant to this consent. This form shall be used for studentsenrolled in public schools or charter schools.
TheState Board of Education may use funds appropriated for drivers education tocover the costs of driving eligibility certificates.
(29) To issue special highschool diplomas to veterans of World War II Korea, and Vietnam. The StateBoard of Education shall issue special high school diplomas to all honorablydischarged veterans of World War II, the Korean Conflict, and the Vietnam erawho request special diplomas and have not previously received high schooldiplomas.
(30) Duty to Adopt ModelGuidelines and Policies for the Establishment of Local Task Forces on Closingthe Academic Achievement Gap. The State Board shall adopt a Model for localschool administrative units to use as a guideline to establish local taskforces on closing the academic achievement gap at the discretion of the localboard. The purpose of each task force is to advise and work with its localboard of education and administration on closing the gap in academicachievement and on developing a collaborative plan for achieving that goal. TheState Board shall consider the recommendations of the Commission on Improvingthe Academic Achievement of Minority and At‑Risk Students to the 2001Session of the General Assembly in establishing its guidelines.
(30a) Duty to Assist Schoolsin Meeting Adequate Yearly Progress. The State Board of Education shall:
a. Identify whichschools are meeting adequate yearly progress with subgroups as specified in theNo Child Left Behind Act of 2001;
b. Study theinstructional, administrative, and fiscal practices and policies employed bythe schools selected by the State Board of Education that are meeting adequateyearly progress specified in the No Child Left Behind Act of 2001;
c. Create assistancemodels for each subgroup based on the practices and policies used in schoolsthat are meeting adequate yearly progress. The schools of education at theconstituent institutions of The University of North Carolina, in collaborationwith the University of North Carolina Center for School Leadership Development,shall assist the State Board of Education in developing these models; and
d. Offer technicalassistance based on these assistance models to local school administrativeunits not meeting adequate yearly progress, giving priority to those localschool administrative units with high concentrations of schools that are notmeeting adequate yearly progress. The State Board of Education shall determinethe number of local school administrative units that can be served effectivelyin the first two years. This technical assistance shall include peer assistanceand professional development by teachers, support personnel, and administratorsin schools with subgroups that are meeting adequate yearly progress.
(31) To Adopt Guidelinesfor Individual Diabetes Care Plans. The State Board shall adopt guidelinesfor the development and implementation of individual diabetes care plans. TheState Board shall consult with the North Carolina Diabetes Advisory Councilestablished by the Department of Health and Human Services in the developmentof these guidelines. The State Board also shall consult with local schooladministrative unit employees who have been designated as responsible forcoordinating their individual unit's efforts to comply with federal regulationsadopted under Section 504 of the Rehabilitation Act of 1973, as amended, 29U.S.C. § 794. In its development of these guidelines, the State Board shallrefer to the guidelines recommended by the American Diabetes Association forthe management of children with diabetes in the school and day care setting andshall consider recent resolutions by the United States Department ofEducation's Office of Civil Rights of investigations into complaints allegingdiscrimination against students with diabetes.
Theguidelines adopted by the State Board shall include:
a. Procedures for thedevelopment of an individual diabetes care plan at the written request of the student'sparent or guardian, and involving the parent or guardian, the student's healthcare provider, the student's classroom teacher, the student if appropriate, theschool nurse if available, and other appropriate school personnel.
b. Procedures for regularreview of an individual care plan.
c. Information to beincluded in a diabetes care plan, including the responsibilities andappropriate staff development for teachers and other school personnel, anemergency care plan, the identification of allowable actions to be taken, theextent to which the student is able to participate in the student's diabetescare and management, and other information necessary for teachers and otherschool personnel in order to offer appropriate assistance and support to thestudent. The State Board shall ensure that the information and allowableactions included in a diabetes care plan as required in this subdivision meetor exceed the American Diabetes Association's recommendations for themanagement of children with diabetes in the school and day care setting.
d. Information andstaff development to be made available to teachers and other school personnelin order to appropriately support and assist students with diabetes.
TheState Board shall ensure that these guidelines are updated as necessary andshall ensure that the guidelines and any subsequent changes are published anddisseminated to local school administrative units.
(32) Duty to EncourageEarly Entry of Motivated Students into Four‑Year College Programs. TheState Board of Education, in cooperation with the Education Cabinet, shall workwith local school administrative units, the constituent institutions of TheUniversity of North Carolina, local community colleges, and private collegesand universities to (i) encourage early entry of motivated students into four‑yearcollege programs and to (ii) ensure that there are opportunities at four‑yearinstitutions for academically talented high school students to get an earlystart on college coursework, either at nearby institutions or through distancelearning.
TheState Board of Education shall also adopt policies directing school guidancecounselors to make ninth grade students aware of the potential to complete thehigh school courses required for college entry in a three‑year period.
(33) Duty to DevelopRecommended Programs for Use in Schools on Memorial Day. The State Board ofEducation shall develop recommended instructional programs that enable studentsto gain a better understanding of the meaning and importance of Memorial Day.All schools, especially schools that hold school on Memorial Day, shallrecognize the significance of Memorial Day.
(34) Duty to Protect theHealth of School‑Age Children From Toxicants at School. The State Boardshall address public health and environmental issues in the classroom and onschool grounds by doing all of the following:
a. Develop guidelinesfor sealing existing arsenic‑treated wood in playground equipment orestablish a time line for removing existing arsenic‑treated wood onplaygrounds and testing the soil on school grounds for contamination caused bythe leaching of arsenic‑treated wood in other areas where children may beat particularly high risk of exposure.
b. Establish guidelinesto reduce students' exposure to diesel emissions that can occur as a result ofunnecessary school bus idling, nose‑to‑tail parking, andinefficient route assignments.
c. Study methods formold and mildew prevention and mitigation and incorporate recommendations intothe public school facilities guidelines as needed.
d. Establish guidelinesfor Integrated Pest Management consistent with the policy of The North CarolinaSchool Boards Association, Inc., as published in 2004. These guidelines may beupdated as needed to reflect changes in technology.
e. Establish guidelinesfor notification of students' parents, guardians, or custodians as well asschool staff of pesticide use on school grounds.
(35) To encourage localboards of education to enter into agreements regarding the joint use of facilitiesfor physical activity. The State Board of Education shall encourage localboards of education to enter into agreements with local governments and otherentities regarding the joint use of their facilities for physical activity. Theagreements should delineate opportunities, guidelines, and the roles andresponsibilities of the parties, including responsibilities for maintenance andliability.
(36) Duty to chargetuition for the Governor's School of North Carolina. The State Board ofEducation shall implement a five‑hundred‑dollar ($500.00) tuitioncharge for students attending the Governor's School of North Carolina. (1955, c. 1372, art. 2, s.2; art. 17, s. 6; art. 18, s. 2; 1957, c. 541, s. 11; 1959, c. 1294; 1961, c.969; 1963, c. 448, ss. 24, 27; c. 688, ss. 1, 2; c. 1223, s. 1; 1965, c. 584,s. 20.1; c. 1185, s. 2; 1967, c. 643, s. 1; 1969, c. 517, s. 1; 1971, c. 704,s. 4; c. 745; 1973, c. 236; c. 476, s. 138; c. 675; 1975, c. 686, s. 1; c. 699,s. 2; c. 975; 1979, c. 300, s. 1; c. 935; c. 986; 1981, c. 423, s. 1; 1983, c.630, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 16; 1985, c. 479, s. 55(c)(3);c. 757, s. 145(a); 1985 (Reg. Sess., 1986), c. 975, s. 24; 1987, c. 414, s. 1;1987 (Reg. Sess., 1988), c. 1025, ss. 1, 3; 1989, c. 585, s. 1; c. 752, s.65(c); c. 778, s. 6; 1991, c. 529, s. 3; c. 689, s. 196(b); 1991 (Reg. Sess.,1992), c. 880, s. 3; c. 900, s. 75.1(e); 1993, c. 321, ss. 125, 133(a), 139(b);1993 (Reg. Sess., 1994), c. 769, ss. 19(a), 19.9; 1995, c. 60, s. 1; c. 324, s.17.15(a); c. 450, s. 4; c. 509, s. 59; 1995 (Reg. Sess., 1996), c. 716, s. 1;1996, 2nd Ex. Sess., c. 18, ss.18.4, 18.28(a); 1997‑18, s. 15(a), (c)‑(e); 1997‑221, s.12(a); 1997‑239, s. 1; 1997‑443, s. 8.27(a), (e); 1997‑443,s. 8.29(o), (u); 1997‑507, s. 3; 1998‑153, s. 16(b); 1998‑212,ss. 9.16(a), 9.23; 1999‑237, s. 8.25(d); 1999‑243, s. 5; 1999‑397,s. 3; 2001‑86, s. 1; 2001‑151, s. 1; 2001‑424, ss. 28.30(e),(f), 31.4(a); 2002‑103, s. 1; 2002‑126, s. 7.15; 2002‑159, s.63; 2002‑178, s. 1(a); 2003‑251, s. 1; 2003‑419, s. 1; 2005‑155,s. 1; 2005‑276, ss. 7.18, 9.34(a); 2005‑446, s. 1; 2005‑458,ss. 1, 2; 2006‑75, s. 1; 2006‑143, s. 1; 2006‑203, s. 30;2006‑260, s. 1; 2009‑305, s. 4; 2009‑334, s. 1; 2009‑451,s. 7.39(a).)
