State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-81

SUBCHAPTER IV. EDUCATIONPROGRAM.

Article 8.

General Education.

Part 1. Courses of Study.

§ 115C‑81.  BasicEducation Program.

(a)        The GeneralAssembly believes that all children can learn. It is the intent of the GeneralAssembly that the mission of the public school community is to challenge withhigh expectations each child to learn, to achieve, and to fulfill his or herpotential. With that mission as its guide, the State Board of Education shalladopt a Basic Education Program for the public schools of the State. Before itadopts or revises the Basic Education Program, the State Board shall consultwith an Advisory Committee, including at least eight members of local boards ofeducation, that the State Board appoints from a list of nominees submitted bythe North Carolina School Boards Association.

The State Board shallimplement the Basic Education Program within funds appropriated for thatpurpose by the General Assembly and by units of local government. It is theintent of the General Assembly that until the Basic Education Program is fullyfunded, the implementation of the Basic Education Program shall be the focus ofState educational funding. It is the goal of the General Assembly that theBasic Education Program be fully funded and completely operational in eachlocal school administrative unit by July 1, 1995.

It is further a goal of theGeneral Assembly to provide supplemental funds to low‑wealth counties toallow those counties to enhance the instructional program and studentachievement.

(a1)      The Basic EducationProgram shall describe the education program to be offered to every child inthe public schools. It shall provide every student in the State equal access toa Basic Education Program. Instruction shall be offered in the areas of arts, communicationskills, physical education and personal health and safety, mathematics, mediaand computer skills, science, second languages, social studies, and vocationaland technical education.

Instruction in vocational andtechnical education under the Basic Education Program shall be based on factorsincluding:

(1)        The integration ofacademic and vocational and technical education;

(2)        A sequential courseof study leading to both academic and occupational competencies;

(3)        Increased studentwork skill attainment and job placement;

(4)        Increased linkages,where geographically feasible, between public schools and community colleges,so the public schools can emphasize academic preparation and the communitycolleges can emphasize specific job training; and

(5)        Instruction andexperience, to the extent practicable, in all aspects of the industry thestudents are prepared to enter.

(a2)      Repealed by SessionLaws 1995, c. 534, s. 1.

(a3)      Alcohol and DrugEducation Program to Be Recommended and Implemented:

(1)        A comprehensiveeducation program that includes alcohol and drug use prevention education mustbe available to every child in North Carolina schools in kindergarten throughhigh school.

(2)        The State Board ofEducation shall develop and maintain a recommended list of alcohol and drug useprevention education materials that include components for teacher training andongoing assessment and evaluation to verify success and ensure the use of up‑to‑dateinformation and strategies.

(3)        The Department ofPublic Instruction will work to strengthen instructional offerings in thecontent and skill areas of the Basic Education Program in which alcohol anddrug use prevention education is addressed. Curricular materials and resourceswill be developed that meet, extend, and supplement drug and alcohol educationas outlined in the North Carolina Standard Course of Study and the TeacherHandbook for the competency‑based curriculum.

(4)        The Department ofPublic Instruction shall recommend to the State Board of Education any drug useprevention education support materials that should be removed or added to therecommended list of curricular resources developed and maintained by the StateBoard of Education.

(5)        Local boards ofeducation may select supplemental alcohol and drug use prevention educationmaterials from the list maintained by the State Board of Education, or developtheir own supplemental materials to be approved by the State Board ofEducation.

(6)        Local boards ofeducation shall implement alcohol and drug use prevention education as aprimary part of their comprehensive health education program.

(7)        Local boards ofeducation will provide for ongoing evaluation of drug use prevention educationresources, to include participation in on‑going evaluations with theDepartment of Public Instruction.

(8)        Local boards ofeducation must implement an approved drug and alcohol education preventionprogram for kindergarten through sixth grade by the 1990‑91 school year,and for seventh grade through twelfth grade by the 1991‑92 school year.

(9)        Repealed by SessionLaws 2005‑155, s. 2, effective July 5, 2005.

(10)      The Department ofPublic Instruction, in conjunction with local school districts, will providefor staff development to train educators and support personnel to implement acomprehensive alcohol and drug use prevention education program.

(11)      Sequential, age‑appropriateinstruction will be provided that has the following features:

a.         Reaches all studentsin all grades;

b.         Presents a clear andconsistent message that the use of alcohol and illicit drugs and the misuse ofother drugs is unhealthy and harmful;

c.         Reflects currentresearch and theory;

d.         Includes allabusable substances;

e.         Utilizes informationthat is current and accurate;

f.          Involves studentsin active "hands‑on" learning experiences;

g.         Integrates substanceabuse education with other health and social issues and other subject and skillareas of the North Carolina Basic Education Program and Standard Course ofStudy;

h.         Promotesunderstanding and respect for the law and values of society;

i.          Encourages health,safe, and responsible attitudes and behaviors;

j.          Includes strategiesto involve parents, family members, and the community;

k.         Includes informationon intervention and treatment services;

l.          Is continually opento revision, expansion and improvement.

(a4)      Conflict Resolutionand Mediation Models: The State Board of Education shall develop a list ofrecommended conflict resolution and mediation materials, models, and curriculathat address responsible decision making, the causes and effects of schoolviolence and harassment, cultural diversity, and nonviolent methods forresolving conflict, including peer mediation and shall make the list availableto local school administrative units and school buildings by the beginning ofthe 1994‑95 school year. In developing this list, the Board shallemphasize materials, models, and curricula that currently are being used inNorth Carolina and that the Board determines to be effective. The Board shallinclude at least one model that includes instruction and guidance for thevoluntary implementation of peer mediation programs and one model that providesinstruction and guidance for teachers concerning the integration of conflictresolution and mediation lessons into the existing classroom curriculum.

(b)        The Basic EducationProgram shall include course requirements and descriptions similar in format tomaterials previously contained in the standard course of study and it shallprovide:

(1)        A core curriculumfor all students that takes into account the special needs of children;

(2)        A set ofcompetencies, by grade level, for each curriculum area;

(3)        A list of textbooksfor use in providing the curriculum;

(4)        Standards forstudent performance and promotion based on the mastery of competencies,including standards for graduation, that take into account children withdisabilities and, in particular, include appropriate modifications;

(5)        A program ofremedial education;

(6)        Required supportprograms;

(7)        A definition of the instructionalday;

(8)        Class sizerecommendations and requirements;

(9)        Prescribed staffingallotment ratios;

(10)      Material andequipment allotment ratios;

(11)      Facilities guidelinesthat reflect educational program appropriateness, long‑term cost efficiency,and safety considerations; and

(12)      Any other informationthe Board considers appropriate and necessary.

The State Board shall notadopt or enforce any rule that requires Algebra I as a graduation standard oras a requirement for a high school diploma for any student whose individualizededucation program (i) identifies the student as learning disabled in the areaof mathematics and (ii) states that this learning disability will prevent thestudent from mastering Algebra I.

The State Board shall not requireany student to prepare a high school graduation project as a condition ofgraduation from high school prior to July 1, 2011; local boards of educationmay, however, require their students to complete a high school graduationproject.

(b1)      Both the standardcourse of study and the Basic Education Program shall include the requirementthat the public schools provide to all students one yearlong course ofinstruction on North Carolina history and geography in elementary school andone yearlong course of instruction in middle school on North Carolina historywith United States history integrated into this instruction. The course ofinstruction shall include contributions to the history and geography of theState and the nation by the racial and ethnic groups that have contributed tothe development and diversity of the State and nation. Each course ofinstruction may include up to two weeks of instruction relating to the localarea in which the students reside.

(c)        (For finaleffective date, see notes) Local boards of education shall provide for theefficient teaching at appropriate grade levels of all materials set forth inthe standard course of study, including integrated instruction in the areas ofcitizenship in the United States of America, government of the State of NorthCarolina, government of the United States, fire prevention, the free enterprisesystem, and the dangers of harmful or illegal drugs, including alcohol.

Except when a board authorizesteaching in a foreign language in order to comply with federal law, localboards of education shall require all teachers and principals to conductclasses except foreign language classes in English. Any teacher or principalwho refuses to do so may be dismissed.

(c)        (For futureeffective date, see notes) Local boards of education shall provide for theefficient teaching at appropriate grade levels of all materials set forth inthe Basic Education Program, including integrated instruction in the areas ofcitizenship in the United States of America, government of the State of NorthCarolina, government of the United States, fire prevention, the free enterprisesystem, and the dangers of harmful or illegal drugs, including alcohol.

Except when a board authorizesteaching in a foreign language in order to comply with federal law, localboards of education shall require all teachers and principals to conductclasses except foreign language classes in English. Any teacher or principalwho refuses to do so may be dismissed.

(d)        The standard courseof study as it exists on January 1, 1985, and as subsequently revised by theState Board, shall remain in effect until its components have been fullyincorporated and implemented as a part of the Basic Education Program.

(e)        Repealed by SessionLaws 1995, c. 534, s. 2.

(e1)      School HealthEducation Program to Be Developed and Administered.

(1)        A comprehensiveschool health education program shall be developed and taught to pupils of thepublic schools of this State from kindergarten through ninth grade. Thisprogram includes age‑appropriate instruction in the following subjectareas, regardless of whether this instruction is described as, or incorporatedinto a description of, "family life education", "family healtheducation", "health education", "family living","health", "healthful living curriculum", or "self‑esteem":

a.         Mental and emotionalhealth;

b.         Drug and alcoholabuse prevention;

c.         Nutrition;

d.         Dental health;

e.         Environmentalhealth;

f.          Family living;

g.         Consumer health;

h.         Disease control;

i.          Growth anddevelopment;

j.          First aid andemergency care, including the teaching of cardiopulmonary resuscitation (CPR)and the Heimlich maneuver by using hands‑on training with mannequins sothat students become proficient in order to pass a test approved by theAmerican Heart Association, or American Red Cross;

k.         Preventing sexuallytransmitted diseases, including HIV/AIDS, and other communicable diseases;

l.          Reproductive healthand safety education; and

m.        Bicycle safety.

            Asused in this subsection, "HIV/AIDS" means Human ImmunodeficiencyVirus/Acquired Immune Deficiency Syndrome.

(2)        The State Board ofEducation shall supervise the development and operation of a statewidecomprehensive school health education program including curriculum development,in‑service training provision and promotion of collegiate training,learning material review, and assessment and evaluation of local programs inthe same manner as for other programs. The State Board of Education shall adoptobjectives for the instruction of the subject areas listed in subdivision (1)of this subsection that are appropriate for each grade level. In addition, theState Board shall approve textbooks and other materials incorporating theseobjectives that local school administrative units may purchase with State funds.The State Board of Education, through the Department of Public Instruction,shall, on a regular basis, review materials related to these objectives, anddistribute these reviews to local school administrative units for theirinformation.

(3)        Repealed by SessionLaws 2009‑213, s. 3, effective June 30, 2009, and applicable beginningwith the 2010‑2011 school year.

(4)        Each local schooladministrative unit shall provide a reproductive health and safety educationprogram commencing in the seventh grade that includes the followinginstruction:

a.         Teaches thatabstinence from sexual activity outside of marriage is the expected standardfor all school‑age children.

b.         Presents techniquesand strategies to deal with peer pressure and offering positive reinforcement.

c.         Presents reasons,skills, and strategies for remaining or becoming abstinent from sexualactivity.

d.         Teaches thatabstinence from sexual activity is the only certain means of avoiding out‑of‑wedlockpregnancy, sexually transmitted diseases when transmitted through sexualcontact, including HIV/AIDS, and other associated health and emotionalproblems.

e.         Teaches that amutually faithful monogamous heterosexual relationship in the context ofmarriage is the best lifelong means of avoiding sexually transmitted diseases,including HIV/AIDS.

f.          Teaches thepositive benefits of abstinence until marriage and the risks of premaritalsexual activity.

g.         Providesopportunities that allow for interaction between the parent or legal guardianand the student.

h.         Provides factuallyaccurate biological or pathological information that is related to the humanreproductive system.

Materialsused in this instruction shall be age appropriate for use with students.Information conveyed during the instruction shall be objective and based uponscientific research that is peer reviewed and accepted by professionals andcredentialed experts in the field of sexual health education.

(4a)      Each local schooladministrative unit shall also include as part of the instruction requiredunder subdivision (4) of this subsection the following instruction:

a.         Teaches aboutsexually transmitted diseases. Instruction shall include how sexuallytransmitted diseases are and are not transmitted, the effectiveness and safetyof all federal Food and Drug Administration (FDA)‑approved methods ofreducing the risk of contracting sexually transmitted diseases, and informationon local resources for testing and medical care for sexually transmitteddiseases. Instruction shall include the rates of infection among pre‑teenand teens of each known sexually transmitted disease and the effects ofcontracting each sexually transmitted disease. In particular, the instructionshall include information about the effects of contracting the Human PapillomaVirus, including sterility and cervical cancer.

b.         Teaches about theeffectiveness and safety of all FDA‑approved contraceptive methods inpreventing pregnancy.

c.         Teaches awareness ofsexual assault, sexual abuse, and risk reduction. The instruction and materialsshall:

1.         Focus on healthyrelationships.

2.         Teach students whatconstitutes sexual assault and sexual abuse, the causes of those behaviors, andrisk reduction.

3.         Inform studentsabout resources and reporting procedures if they experience sexual assault orsexual abuse.

4.         Examine commonmisconceptions and stereotypes about sexual assault and sexual abuse.

Materialsused in this instruction shall be age appropriate for use with students.Information conveyed during the instruction shall be objective and based uponscientific research that is peer reviewed and accepted by professionals andcredentialed experts in the field of sexual health education. Each local boardof education shall adopt a policy and provide a mechanism to allow a parent ora guardian to withdraw his or her child from instruction required under thissubdivision.

(5)        The State Board ofEducation shall make available to all local school administrative units forreview by the parents and legal guardians of students enrolled at that unit anyState‑developed objectives for instruction, any approved textbooks, thelist of reviewed materials, and any other State‑developed or approvedmaterials that pertain to or are intended to impart information or promotediscussion or understanding in regard to the prevention of sexually transmitteddiseases, including HIV/AIDS, to the avoidance of out‑of‑wedlockpregnancy, or to the  reproductive health and safety education curriculum. Thereview period shall extend for at least 60 days before use.

(6)        Repealed by SessionLaws 2009‑213, s. 7, effective June 30, 2009, and applicable beginningwith the 2010‑2011 school year.

(7)        Each school year,before students may participate in any portion of (i) a program that pertainsto or is intended to impart information or promote discussion or understandingin regard to the prevention of sexually transmitted diseases, includingHIV/AIDS, or to the avoidance of out‑of‑wedlock pregnancy, or (ii)a reproductive health and safety education program, whether developed by theState or by the local board of education, the parents and legal guardians ofthose students shall be given an opportunity to review the objectives andmaterials. Local boards of education shall adopt policies to provideopportunities either for parents and legal guardians to consent or for parentsand legal guardians to withhold their consent to the students' participation inany or all of these programs.

(8)        Students may receiveinformation about where to obtain contraceptives and abortion referral servicesonly in accordance with a local board's policy regarding parental consent. Anyinstruction concerning the use of contraceptives or prophylactics shall provideaccurate statistical information on their effectiveness and failure rates forpreventing pregnancy and sexually transmitted diseases, including HIV/AIDS, inactual use among adolescent populations and shall explain clearly thedifference between risk reduction and risk elimination through abstinence. TheDepartment of Health and Human Services shall provide the most currentavailable information at the beginning of each school year.

(9)        Contraceptives,including condoms and other devices, shall not be made available or distributedon school property.

(10)      School healthcoordinators may be employed to assist in the instruction of any portion of thecomprehensive school health education program. Where feasible, a school healthcoordinator should serve more than one local school administrative unit. Eachperson initially employed as a State‑funded school health coordinatorafter June 30, 1987, shall have a degree in health education.

(11)      Each local schooladministrative unit shall provide a comprehensive school health educationprogram that meets all the requirements of this subsection and all the objectivesestablished by the State Board. Each local board of education may expand on thesubject areas to be included in the program and on the instructional objectivesto be met.

(f)         Establishment andMaintenance of Kindergartens. –

(1)        Local boards of educationshall provide for their respective local school administrative unitkindergartens as a part of the public school system for all children living inthe local school administrative unit who are eligible for admission pursuant tosubdivision (2) of this subsection provided that funds are available fromState, local, federal or other sources to operate a kindergarten program asprovided in this subsection.

            Allkindergarten programs so established shall be subject to the supervision of theDepartment of Public Instruction and shall be operated in accordance with thestandards adopted by the State Board of Education, upon recommendation of theSuperintendent of Public Instruction.

            Amongthe standards to be adopted by the State Board of Education shall be aprovision that the Board will allocate funds for the purpose of operating andadministering kindergartens to each school administrative unit in the Statebased on the average daily membership for the best continuous three out of thefirst four school months of pupils in the kindergarten program during the lastschool year in that respective school administrative unit. Such allocations areto be made from funds appropriated to the State Board of Education for thekindergarten program.

(2)        Any child who meetsthe requirements of G.S. 115C‑364 shall be eligible for enrollment inkindergarten. Any child who is enrolled in kindergarten and not withdrawn bythe child's parent or guardian shall attend kindergarten.

(3)        Notwithstanding anyother provision of law to the contrary, subject to the approval of the StateBoard of Education, any local board of education may elect not to establish andmaintain a kindergarten program. Any funds allocated to a local board ofeducation which does not operate a kindergarten program may be reallocated bythe State Board of Education, within the discretion of the Board, to a countyor city board of education which will operate such a program.

(g)        Civic Literacy. –

(1)        Local boards ofeducation shall require during the high school years the teaching of thenation's founding and related documents, which shall include at least the majorprinciples in the Declaration of Independence, the United States Constitutionand its amendments, and the most important of the Federalist Papers.

(2)        Local boards ofeducation shall require that high school students demonstrate knowledge andunderstanding of the nation's founding and related documents in order toreceive a certificate or diploma of graduation from high school.

(3)        Local boards of educationshall include among the requirements for graduation from high school a passinggrade in all courses that include primary instruction in the Declaration ofIndependence, the United States Constitution and its amendments, and the mostimportant of the Federalist Papers.

(3a)      Local boards ofeducation shall allow and may encourage any public school teacher oradministrator to read or post in a public school building, classroom, or event,excerpts or portions of writings, documents, and records that reflect thehistory of the United States, including, but not limited to, (i) the preambleto the North Carolina Constitution, (ii) the Declaration of Independence, (iii)the United States Constitution, (iv) the Mayflower Compact, (v) the nationalmotto, (vi) the National Anthem, (vii) the Pledge of Allegiance, (viii) thewritings, speeches, documents, and proclamations of the founding fathers andPresidents of the United States, (ix) decisions of the Supreme Court of theUnited States, and (x) acts of the Congress of the United States, including thepublished text of the Congressional Record. Local boards, superintendents,principals, and supervisors shall not allow content‑based censorship ofAmerican history in the public schools of this State, including religiousreferences in these writings, documents, and records. Local boards andprofessional school personnel may develop curricula and use materials that arelimited to specified topics provided the curricula and materials are alignedwith the standard course of study or are grade level appropriate.

(3b)      A local schooladministrative unit may display on real property controlled by that localschool administrative unit documents and objects of historical significancethat have formed and influenced the United States legal or governmental systemand that exemplify the development of the rule of law, such as the Magna Carta,the Mecklenburg Declaration, the Ten Commandments, the Justinian Code, anddocuments set out in subdivision (3a) of this subsection. This display mayinclude, but shall not be limited to, documents that contain words associatedwith a religion; provided however, no display shall seek to establish orpromote religion or to persuade any person to embrace a particular religion,denomination of a religion, or other philosophy. The display of a documentcontaining words associated with a religion shall be in the same manner andappearance generally as other documents and objects displayed and shall not bepresented or displayed in any fashion that results in calling attention to itapart from the other displayed documents and objects. The display also shall beaccompanied by a prominent sign quoting the First Amendment of the UnitedStates Constitution as follows: "Congress shall make no law respecting anestablishment of religion, or prohibiting the free exercise thereof; orabridging the freedom of speech, or of the press; or the right of the peoplepeaceably to assemble, and to petition the government for a redress ofgrievances."

(4)        The State Board ofEducation shall require that any high school level curriculum‑based testsdeveloped and administered statewide beginning with academic year 1990‑91include questions related to the Declaration of Independence, the United StatesConstitution and its amendments, and the most important of the FederalistPapers.

(5)        The State Departmentof Public Instruction and the local boards of education, as appropriate, shallestablish curriculum content and provide for teacher training to ensure thatthe intent and provisions of this subsection are carried out. The curriculumcontent established shall include a review of the contributions made byAmericans of all races.

(g1)      Modifications to thesocial studies curriculum to instruct students on participation in the democraticprocess and to give them hands‑on experience in participating in thedemocratic process:

(1)        The State Board ofEducation shall modify the high school social studies curriculum to includeinstruction in civic and citizenship education. The State Board of Education isstrongly encouraged to include, at a minimum, the following components in thehigh school civic and citizenship education curriculum:

a.         That students writeto a local, State, or federal elected official about an issue that is importantto them;

b.         Instruction on theimportance of voting and otherwise participating in the democratic process,including instruction on voter registration and preregistration;

c.         Information aboutcurrent events and governmental structure; and

d.         Information aboutthe democratic process and how laws are made.

(2)        The State Board ofEducation shall modify the middle school social studies curriculum to includeinstruction in civic and citizenship education. The State Board of Education isstrongly encouraged to include, at a minimum, the following components in themiddle school civic and citizenship education curriculum:

a.         A tour ofrepresentative local government facilities such as the local jail, thecourthouse, or a town hall, to help students understand the way their communityis governed;

b.         That students chooseand analyze a community problem and offer public policy recommendations on theproblem to local officials; and

c.         Information aboutgetting involved in community groups.

(g2)      Student Councils. – Allhigh schools and middle schools shall be encouraged to have elected studentcouncils through which students have input into policies and decisions thataffect them. All other schools are encouraged to have student councils.

The purpose of these studentcouncils is to build civic skills and attitudes such as participation inelections, discussion and debate of issues, and collaborative decision making.Schools shall encourage active, broad‑based participation in thesestudent councils.

(g3)      Current Events. – Schoolsshould encourage discussions of current events in a wide range of classes,especially social studies and language arts classes. All high schools andmiddle schools are encouraged to have at least two classes per grade level tooffer interactive current events discussions at least every four weeks.

(h)        CharacterEducation. – Each local board of education shall develop and implementcharacter education instruction with input from the local community. Theinstruction shall be incorporated into the standard curriculum and shouldaddress the following traits:

(1)        Courage. – Havingthe determination to do the right thing even when others don't and the strengthto follow your conscience rather than the crowd; and attempting difficultthings that are worthwhile.

(2)        Good judgment. – Choosingworthy goals and setting proper priorities; thinking through the consequencesof your actions; and basing decisions on practical wisdom and good sense.

(3)        Integrity. – Havingthe inner strength to be truthful, trustworthy, and honest in all things;acting justly and honorably.

(4)        Kindness. – Beingconsiderate, courteous, helpful, and understanding of others; showing care,compassion, friendship, and generosity; and treating others as you would liketo be treated.

(5)        Perseverance. – Beingpersistent in the pursuit of worthy objectives in spite of difficulty,opposition, or discouragement; and exhibiting patience and having the fortitudeto try again when confronted with delays, mistakes, or failures.

(6)        Respect. – Showinghigh regard for authority, for other people, for self, for property, and forcountry; and understanding that all people have value as human beings.

(7)        Responsibility. – Beingdependable in carrying out obligations and duties; showing reliability andconsistency in words and conduct; being accountable for your own actions; andbeing committed to active involvement in your community.

(8)        Self‑Discipline.– Demonstrating hard work and commitment to purpose; regulating yourself forimprovement and restraining from inappropriate behaviors; being in propercontrol of your words, actions, impulses, and desires; choosing abstinence frompremarital sex, drugs, alcohol, and other harmful substances and behaviors; anddoing your best in all situations.

(h1)      In addition to theinstruction under subsection (h) of this section, local boards of education areencouraged to include instruction on the following responsibilities:

(1)        Respect for schoolpersonnel. – In the school environment, respect includes holding teachers,school administrators, and all school personnel in high esteem anddemonstrating in words and deeds that all school personnel deserve to betreated with courtesy and proper deference.

(2)        Responsibility forschool safety. Helping to create a harmonious school atmosphere that is freefrom threats, weapons, and violent or disruptive behavior; cultivate an orderlylearning environment in which students and school personnel feel safe andsecure; and encourage the resolution of conflicts and disagreements throughpeaceful means including peer mediation. Instruction in this responsibilityshould include a consistent and age‑appropriate antiviolence message anda conflict resolution component for students in kindergarten through twelfthgrade. These messages should include media‑awareness education to helpchildren recognize stereotypes and messages portraying violence.

(3)        Service to others. –Engaging in meaningful service to their schools and their communities. Schoolsmay teach service‑learning by (i) incorporating it into their standardcurriculum, or (ii) involving a classroom of students or some other group ofstudents in one or more hands‑on community‑service projects. Allschools are encouraged to provide opportunities for student involvement incommunity service or service‑learning projects.

(4)        Good citizenship. – Obeyingthe laws of the nation and this State; abiding by school rules; andunderstanding the rights and responsibilities of a member of a republic.

(i)         Both the standardcourse of study and the Basic Education Program shall include the requirementthat the public schools provide instruction in personal financial literacy forall students. Each student shall receive personal financial literacyinstruction that shall include (i) the true cost of credit, (ii) choosing andmanaging a credit card, (iii) borrowing money for an automobile or other largepurchase, (iv) home mortgages, (v) credit scoring and credit reports, and (vi)other relevant financial literacy issues.

The State Board of Educationshall determine the other components of personal financial literacy that willbe covered in the curriculum. The State Board shall also review the high schoolstandard course of study to determine into which courses and grade levels thepersonal financial literacy curriculum shall be integrated.

(j)         Disability Historyand Awareness. – Each local board of education shall provide instruction ondisability, people with disabilities, and the disability rights movement inconjunction with Disability History and Awareness Month, established pursuantto G.S. 103‑11. This instruction shall be incorporated into the standardcurriculum through measures that include: (i) supplementing existing lessonplans, (ii) holding school assemblies, (iii) hosting disability‑focusedfilm festivals, or (iv) organizing other school activities. Local boards ofeducation are encouraged to incorporate individuals with disabilities orknowledgeable guest speakers from the disability community into the delivery ofthis instruction.  (1955,c. 1372, art. 5, s. 20; art. 23, ss. 1, 5, 6; 1957, cc. 845, 1101; 1969, c.487, ss. 1, 2; 1971, c. 356; 1973, c. 476, s. 128; 1975, c. 65, ss. 1, 2; 1977,2nd Sess., c. 1256, s. 1; 1981, c. 423, s. 1; 1983, c. 656, s. 2; 1983 (Reg.Sess., 1984), c. 1034, s. 81; c. 1103, s. 2; 1985, c. 479, ss. 55(c)(1),55(c)(2); 1987, c. 630; c. 738, ss. 186(a), 186(b), 187(a); 1989, c. 370; c.801; 1989 (Reg. Sess., 1990), c. 1066, s. 100; 1991, c. 636, s. 9; c. 689, ss.196(a), 198; c. 739, s. 11; 1991 (Reg. Sess., 1992), c. 769, s. 1; c. 900, s.75.1(h); 1993, c. 180, s. 1; c. 321, s. 139(d); c. 359, s. 1; 1993 (Reg. Sess.,1994), c. 769, s. 19.5(a); 1995, c. 371, s. 1; c. 450, ss. 5, 6, 7; c. 507, s.17.14; c. 509, ss. 61, 62; c. 534, ss. 1, 2, 3; 1995 (Reg. Sess., 1996), c.716, s. 8.6; 1996, 2nd Ex. Sess., c. 18, ss. 18.17(a), 18.24(a); 1997‑18,s. 15(f); 1997‑204, s. 2; 1997‑273, ss. 1, 2; 1997‑422, s. 1;2001‑363, ss. 1, 2(b), 2(d); 2003‑284, s. 7.40(a), (b); 2005‑155,s. 2; 2005‑276, s. 7.59(a);2006‑69, s. 3(a); 2006‑264, s. 54(a)‑(c); 2007‑274, s.2; 2009‑60, s. 1; 2009‑213, ss. 2‑9; 2009‑236, s. 1;2009‑504, s. 1; 2009‑541, s. 28(a).)

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-81

SUBCHAPTER IV. EDUCATIONPROGRAM.

Article 8.

General Education.

Part 1. Courses of Study.

§ 115C‑81.  BasicEducation Program.

(a)        The GeneralAssembly believes that all children can learn. It is the intent of the GeneralAssembly that the mission of the public school community is to challenge withhigh expectations each child to learn, to achieve, and to fulfill his or herpotential. With that mission as its guide, the State Board of Education shalladopt a Basic Education Program for the public schools of the State. Before itadopts or revises the Basic Education Program, the State Board shall consultwith an Advisory Committee, including at least eight members of local boards ofeducation, that the State Board appoints from a list of nominees submitted bythe North Carolina School Boards Association.

The State Board shallimplement the Basic Education Program within funds appropriated for thatpurpose by the General Assembly and by units of local government. It is theintent of the General Assembly that until the Basic Education Program is fullyfunded, the implementation of the Basic Education Program shall be the focus ofState educational funding. It is the goal of the General Assembly that theBasic Education Program be fully funded and completely operational in eachlocal school administrative unit by July 1, 1995.

It is further a goal of theGeneral Assembly to provide supplemental funds to low‑wealth counties toallow those counties to enhance the instructional program and studentachievement.

(a1)      The Basic EducationProgram shall describe the education program to be offered to every child inthe public schools. It shall provide every student in the State equal access toa Basic Education Program. Instruction shall be offered in the areas of arts, communicationskills, physical education and personal health and safety, mathematics, mediaand computer skills, science, second languages, social studies, and vocationaland technical education.

Instruction in vocational andtechnical education under the Basic Education Program shall be based on factorsincluding:

(1)        The integration ofacademic and vocational and technical education;

(2)        A sequential courseof study leading to both academic and occupational competencies;

(3)        Increased studentwork skill attainment and job placement;

(4)        Increased linkages,where geographically feasible, between public schools and community colleges,so the public schools can emphasize academic preparation and the communitycolleges can emphasize specific job training; and

(5)        Instruction andexperience, to the extent practicable, in all aspects of the industry thestudents are prepared to enter.

(a2)      Repealed by SessionLaws 1995, c. 534, s. 1.

(a3)      Alcohol and DrugEducation Program to Be Recommended and Implemented:

(1)        A comprehensiveeducation program that includes alcohol and drug use prevention education mustbe available to every child in North Carolina schools in kindergarten throughhigh school.

(2)        The State Board ofEducation shall develop and maintain a recommended list of alcohol and drug useprevention education materials that include components for teacher training andongoing assessment and evaluation to verify success and ensure the use of up‑to‑dateinformation and strategies.

(3)        The Department ofPublic Instruction will work to strengthen instructional offerings in thecontent and skill areas of the Basic Education Program in which alcohol anddrug use prevention education is addressed. Curricular materials and resourceswill be developed that meet, extend, and supplement drug and alcohol educationas outlined in the North Carolina Standard Course of Study and the TeacherHandbook for the competency‑based curriculum.

(4)        The Department ofPublic Instruction shall recommend to the State Board of Education any drug useprevention education support materials that should be removed or added to therecommended list of curricular resources developed and maintained by the StateBoard of Education.

(5)        Local boards ofeducation may select supplemental alcohol and drug use prevention educationmaterials from the list maintained by the State Board of Education, or developtheir own supplemental materials to be approved by the State Board ofEducation.

(6)        Local boards ofeducation shall implement alcohol and drug use prevention education as aprimary part of their comprehensive health education program.

(7)        Local boards ofeducation will provide for ongoing evaluation of drug use prevention educationresources, to include participation in on‑going evaluations with theDepartment of Public Instruction.

(8)        Local boards ofeducation must implement an approved drug and alcohol education preventionprogram for kindergarten through sixth grade by the 1990‑91 school year,and for seventh grade through twelfth grade by the 1991‑92 school year.

(9)        Repealed by SessionLaws 2005‑155, s. 2, effective July 5, 2005.

(10)      The Department ofPublic Instruction, in conjunction with local school districts, will providefor staff development to train educators and support personnel to implement acomprehensive alcohol and drug use prevention education program.

(11)      Sequential, age‑appropriateinstruction will be provided that has the following features:

a.         Reaches all studentsin all grades;

b.         Presents a clear andconsistent message that the use of alcohol and illicit drugs and the misuse ofother drugs is unhealthy and harmful;

c.         Reflects currentresearch and theory;

d.         Includes allabusable substances;

e.         Utilizes informationthat is current and accurate;

f.          Involves studentsin active "hands‑on" learning experiences;

g.         Integrates substanceabuse education with other health and social issues and other subject and skillareas of the North Carolina Basic Education Program and Standard Course ofStudy;

h.         Promotesunderstanding and respect for the law and values of society;

i.          Encourages health,safe, and responsible attitudes and behaviors;

j.          Includes strategiesto involve parents, family members, and the community;

k.         Includes informationon intervention and treatment services;

l.          Is continually opento revision, expansion and improvement.

(a4)      Conflict Resolutionand Mediation Models: The State Board of Education shall develop a list ofrecommended conflict resolution and mediation materials, models, and curriculathat address responsible decision making, the causes and effects of schoolviolence and harassment, cultural diversity, and nonviolent methods forresolving conflict, including peer mediation and shall make the list availableto local school administrative units and school buildings by the beginning ofthe 1994‑95 school year. In developing this list, the Board shallemphasize materials, models, and curricula that currently are being used inNorth Carolina and that the Board determines to be effective. The Board shallinclude at least one model that includes instruction and guidance for thevoluntary implementation of peer mediation programs and one model that providesinstruction and guidance for teachers concerning the integration of conflictresolution and mediation lessons into the existing classroom curriculum.

(b)        The Basic EducationProgram shall include course requirements and descriptions similar in format tomaterials previously contained in the standard course of study and it shallprovide:

(1)        A core curriculumfor all students that takes into account the special needs of children;

(2)        A set ofcompetencies, by grade level, for each curriculum area;

(3)        A list of textbooksfor use in providing the curriculum;

(4)        Standards forstudent performance and promotion based on the mastery of competencies,including standards for graduation, that take into account children withdisabilities and, in particular, include appropriate modifications;

(5)        A program ofremedial education;

(6)        Required supportprograms;

(7)        A definition of the instructionalday;

(8)        Class sizerecommendations and requirements;

(9)        Prescribed staffingallotment ratios;

(10)      Material andequipment allotment ratios;

(11)      Facilities guidelinesthat reflect educational program appropriateness, long‑term cost efficiency,and safety considerations; and

(12)      Any other informationthe Board considers appropriate and necessary.

The State Board shall notadopt or enforce any rule that requires Algebra I as a graduation standard oras a requirement for a high school diploma for any student whose individualizededucation program (i) identifies the student as learning disabled in the areaof mathematics and (ii) states that this learning disability will prevent thestudent from mastering Algebra I.

The State Board shall not requireany student to prepare a high school graduation project as a condition ofgraduation from high school prior to July 1, 2011; local boards of educationmay, however, require their students to complete a high school graduationproject.

(b1)      Both the standardcourse of study and the Basic Education Program shall include the requirementthat the public schools provide to all students one yearlong course ofinstruction on North Carolina history and geography in elementary school andone yearlong course of instruction in middle school on North Carolina historywith United States history integrated into this instruction. The course ofinstruction shall include contributions to the history and geography of theState and the nation by the racial and ethnic groups that have contributed tothe development and diversity of the State and nation. Each course ofinstruction may include up to two weeks of instruction relating to the localarea in which the students reside.

(c)        (For finaleffective date, see notes) Local boards of education shall provide for theefficient teaching at appropriate grade levels of all materials set forth inthe standard course of study, including integrated instruction in the areas ofcitizenship in the United States of America, government of the State of NorthCarolina, government of the United States, fire prevention, the free enterprisesystem, and the dangers of harmful or illegal drugs, including alcohol.

Except when a board authorizesteaching in a foreign language in order to comply with federal law, localboards of education shall require all teachers and principals to conductclasses except foreign language classes in English. Any teacher or principalwho refuses to do so may be dismissed.

(c)        (For futureeffective date, see notes) Local boards of education shall provide for theefficient teaching at appropriate grade levels of all materials set forth inthe Basic Education Program, including integrated instruction in the areas ofcitizenship in the United States of America, government of the State of NorthCarolina, government of the United States, fire prevention, the free enterprisesystem, and the dangers of harmful or illegal drugs, including alcohol.

Except when a board authorizesteaching in a foreign language in order to comply with federal law, localboards of education shall require all teachers and principals to conductclasses except foreign language classes in English. Any teacher or principalwho refuses to do so may be dismissed.

(d)        The standard courseof study as it exists on January 1, 1985, and as subsequently revised by theState Board, shall remain in effect until its components have been fullyincorporated and implemented as a part of the Basic Education Program.

(e)        Repealed by SessionLaws 1995, c. 534, s. 2.

(e1)      School HealthEducation Program to Be Developed and Administered.

(1)        A comprehensiveschool health education program shall be developed and taught to pupils of thepublic schools of this State from kindergarten through ninth grade. Thisprogram includes age‑appropriate instruction in the following subjectareas, regardless of whether this instruction is described as, or incorporatedinto a description of, "family life education", "family healtheducation", "health education", "family living","health", "healthful living curriculum", or "self‑esteem":

a.         Mental and emotionalhealth;

b.         Drug and alcoholabuse prevention;

c.         Nutrition;

d.         Dental health;

e.         Environmentalhealth;

f.          Family living;

g.         Consumer health;

h.         Disease control;

i.          Growth anddevelopment;

j.          First aid andemergency care, including the teaching of cardiopulmonary resuscitation (CPR)and the Heimlich maneuver by using hands‑on training with mannequins sothat students become proficient in order to pass a test approved by theAmerican Heart Association, or American Red Cross;

k.         Preventing sexuallytransmitted diseases, including HIV/AIDS, and other communicable diseases;

l.          Reproductive healthand safety education; and

m.        Bicycle safety.

            Asused in this subsection, "HIV/AIDS" means Human ImmunodeficiencyVirus/Acquired Immune Deficiency Syndrome.

(2)        The State Board ofEducation shall supervise the development and operation of a statewidecomprehensive school health education program including curriculum development,in‑service training provision and promotion of collegiate training,learning material review, and assessment and evaluation of local programs inthe same manner as for other programs. The State Board of Education shall adoptobjectives for the instruction of the subject areas listed in subdivision (1)of this subsection that are appropriate for each grade level. In addition, theState Board shall approve textbooks and other materials incorporating theseobjectives that local school administrative units may purchase with State funds.The State Board of Education, through the Department of Public Instruction,shall, on a regular basis, review materials related to these objectives, anddistribute these reviews to local school administrative units for theirinformation.

(3)        Repealed by SessionLaws 2009‑213, s. 3, effective June 30, 2009, and applicable beginningwith the 2010‑2011 school year.

(4)        Each local schooladministrative unit shall provide a reproductive health and safety educationprogram commencing in the seventh grade that includes the followinginstruction:

a.         Teaches thatabstinence from sexual activity outside of marriage is the expected standardfor all school‑age children.

b.         Presents techniquesand strategies to deal with peer pressure and offering positive reinforcement.

c.         Presents reasons,skills, and strategies for remaining or becoming abstinent from sexualactivity.

d.         Teaches thatabstinence from sexual activity is the only certain means of avoiding out‑of‑wedlockpregnancy, sexually transmitted diseases when transmitted through sexualcontact, including HIV/AIDS, and other associated health and emotionalproblems.

e.         Teaches that amutually faithful monogamous heterosexual relationship in the context ofmarriage is the best lifelong means of avoiding sexually transmitted diseases,including HIV/AIDS.

f.          Teaches thepositive benefits of abstinence until marriage and the risks of premaritalsexual activity.

g.         Providesopportunities that allow for interaction between the parent or legal guardianand the student.

h.         Provides factuallyaccurate biological or pathological information that is related to the humanreproductive system.

Materialsused in this instruction shall be age appropriate for use with students.Information conveyed during the instruction shall be objective and based uponscientific research that is peer reviewed and accepted by professionals andcredentialed experts in the field of sexual health education.

(4a)      Each local schooladministrative unit shall also include as part of the instruction requiredunder subdivision (4) of this subsection the following instruction:

a.         Teaches aboutsexually transmitted diseases. Instruction shall include how sexuallytransmitted diseases are and are not transmitted, the effectiveness and safetyof all federal Food and Drug Administration (FDA)‑approved methods ofreducing the risk of contracting sexually transmitted diseases, and informationon local resources for testing and medical care for sexually transmitteddiseases. Instruction shall include the rates of infection among pre‑teenand teens of each known sexually transmitted disease and the effects ofcontracting each sexually transmitted disease. In particular, the instructionshall include information about the effects of contracting the Human PapillomaVirus, including sterility and cervical cancer.

b.         Teaches about theeffectiveness and safety of all FDA‑approved contraceptive methods inpreventing pregnancy.

c.         Teaches awareness ofsexual assault, sexual abuse, and risk reduction. The instruction and materialsshall:

1.         Focus on healthyrelationships.

2.         Teach students whatconstitutes sexual assault and sexual abuse, the causes of those behaviors, andrisk reduction.

3.         Inform studentsabout resources and reporting procedures if they experience sexual assault orsexual abuse.

4.         Examine commonmisconceptions and stereotypes about sexual assault and sexual abuse.

Materialsused in this instruction shall be age appropriate for use with students.Information conveyed during the instruction shall be objective and based uponscientific research that is peer reviewed and accepted by professionals andcredentialed experts in the field of sexual health education. Each local boardof education shall adopt a policy and provide a mechanism to allow a parent ora guardian to withdraw his or her child from instruction required under thissubdivision.

(5)        The State Board ofEducation shall make available to all local school administrative units forreview by the parents and legal guardians of students enrolled at that unit anyState‑developed objectives for instruction, any approved textbooks, thelist of reviewed materials, and any other State‑developed or approvedmaterials that pertain to or are intended to impart information or promotediscussion or understanding in regard to the prevention of sexually transmitteddiseases, including HIV/AIDS, to the avoidance of out‑of‑wedlockpregnancy, or to the  reproductive health and safety education curriculum. Thereview period shall extend for at least 60 days before use.

(6)        Repealed by SessionLaws 2009‑213, s. 7, effective June 30, 2009, and applicable beginningwith the 2010‑2011 school year.

(7)        Each school year,before students may participate in any portion of (i) a program that pertainsto or is intended to impart information or promote discussion or understandingin regard to the prevention of sexually transmitted diseases, includingHIV/AIDS, or to the avoidance of out‑of‑wedlock pregnancy, or (ii)a reproductive health and safety education program, whether developed by theState or by the local board of education, the parents and legal guardians ofthose students shall be given an opportunity to review the objectives andmaterials. Local boards of education shall adopt policies to provideopportunities either for parents and legal guardians to consent or for parentsand legal guardians to withhold their consent to the students' participation inany or all of these programs.

(8)        Students may receiveinformation about where to obtain contraceptives and abortion referral servicesonly in accordance with a local board's policy regarding parental consent. Anyinstruction concerning the use of contraceptives or prophylactics shall provideaccurate statistical information on their effectiveness and failure rates forpreventing pregnancy and sexually transmitted diseases, including HIV/AIDS, inactual use among adolescent populations and shall explain clearly thedifference between risk reduction and risk elimination through abstinence. TheDepartment of Health and Human Services shall provide the most currentavailable information at the beginning of each school year.

(9)        Contraceptives,including condoms and other devices, shall not be made available or distributedon school property.

(10)      School healthcoordinators may be employed to assist in the instruction of any portion of thecomprehensive school health education program. Where feasible, a school healthcoordinator should serve more than one local school administrative unit. Eachperson initially employed as a State‑funded school health coordinatorafter June 30, 1987, shall have a degree in health education.

(11)      Each local schooladministrative unit shall provide a comprehensive school health educationprogram that meets all the requirements of this subsection and all the objectivesestablished by the State Board. Each local board of education may expand on thesubject areas to be included in the program and on the instructional objectivesto be met.

(f)         Establishment andMaintenance of Kindergartens. –

(1)        Local boards of educationshall provide for their respective local school administrative unitkindergartens as a part of the public school system for all children living inthe local school administrative unit who are eligible for admission pursuant tosubdivision (2) of this subsection provided that funds are available fromState, local, federal or other sources to operate a kindergarten program asprovided in this subsection.

            Allkindergarten programs so established shall be subject to the supervision of theDepartment of Public Instruction and shall be operated in accordance with thestandards adopted by the State Board of Education, upon recommendation of theSuperintendent of Public Instruction.

            Amongthe standards to be adopted by the State Board of Education shall be aprovision that the Board will allocate funds for the purpose of operating andadministering kindergartens to each school administrative unit in the Statebased on the average daily membership for the best continuous three out of thefirst four school months of pupils in the kindergarten program during the lastschool year in that respective school administrative unit. Such allocations areto be made from funds appropriated to the State Board of Education for thekindergarten program.

(2)        Any child who meetsthe requirements of G.S. 115C‑364 shall be eligible for enrollment inkindergarten. Any child who is enrolled in kindergarten and not withdrawn bythe child's parent or guardian shall attend kindergarten.

(3)        Notwithstanding anyother provision of law to the contrary, subject to the approval of the StateBoard of Education, any local board of education may elect not to establish andmaintain a kindergarten program. Any funds allocated to a local board ofeducation which does not operate a kindergarten program may be reallocated bythe State Board of Education, within the discretion of the Board, to a countyor city board of education which will operate such a program.

(g)        Civic Literacy. –

(1)        Local boards ofeducation shall require during the high school years the teaching of thenation's founding and related documents, which shall include at least the majorprinciples in the Declaration of Independence, the United States Constitutionand its amendments, and the most important of the Federalist Papers.

(2)        Local boards ofeducation shall require that high school students demonstrate knowledge andunderstanding of the nation's founding and related documents in order toreceive a certificate or diploma of graduation from high school.

(3)        Local boards of educationshall include among the requirements for graduation from high school a passinggrade in all courses that include primary instruction in the Declaration ofIndependence, the United States Constitution and its amendments, and the mostimportant of the Federalist Papers.

(3a)      Local boards ofeducation shall allow and may encourage any public school teacher oradministrator to read or post in a public school building, classroom, or event,excerpts or portions of writings, documents, and records that reflect thehistory of the United States, including, but not limited to, (i) the preambleto the North Carolina Constitution, (ii) the Declaration of Independence, (iii)the United States Constitution, (iv) the Mayflower Compact, (v) the nationalmotto, (vi) the National Anthem, (vii) the Pledge of Allegiance, (viii) thewritings, speeches, documents, and proclamations of the founding fathers andPresidents of the United States, (ix) decisions of the Supreme Court of theUnited States, and (x) acts of the Congress of the United States, including thepublished text of the Congressional Record. Local boards, superintendents,principals, and supervisors shall not allow content‑based censorship ofAmerican history in the public schools of this State, including religiousreferences in these writings, documents, and records. Local boards andprofessional school personnel may develop curricula and use materials that arelimited to specified topics provided the curricula and materials are alignedwith the standard course of study or are grade level appropriate.

(3b)      A local schooladministrative unit may display on real property controlled by that localschool administrative unit documents and objects of historical significancethat have formed and influenced the United States legal or governmental systemand that exemplify the development of the rule of law, such as the Magna Carta,the Mecklenburg Declaration, the Ten Commandments, the Justinian Code, anddocuments set out in subdivision (3a) of this subsection. This display mayinclude, but shall not be limited to, documents that contain words associatedwith a religion; provided however, no display shall seek to establish orpromote religion or to persuade any person to embrace a particular religion,denomination of a religion, or other philosophy. The display of a documentcontaining words associated with a religion shall be in the same manner andappearance generally as other documents and objects displayed and shall not bepresented or displayed in any fashion that results in calling attention to itapart from the other displayed documents and objects. The display also shall beaccompanied by a prominent sign quoting the First Amendment of the UnitedStates Constitution as follows: "Congress shall make no law respecting anestablishment of religion, or prohibiting the free exercise thereof; orabridging the freedom of speech, or of the press; or the right of the peoplepeaceably to assemble, and to petition the government for a redress ofgrievances."

(4)        The State Board ofEducation shall require that any high school level curriculum‑based testsdeveloped and administered statewide beginning with academic year 1990‑91include questions related to the Declaration of Independence, the United StatesConstitution and its amendments, and the most important of the FederalistPapers.

(5)        The State Departmentof Public Instruction and the local boards of education, as appropriate, shallestablish curriculum content and provide for teacher training to ensure thatthe intent and provisions of this subsection are carried out. The curriculumcontent established shall include a review of the contributions made byAmericans of all races.

(g1)      Modifications to thesocial studies curriculum to instruct students on participation in the democraticprocess and to give them hands‑on experience in participating in thedemocratic process:

(1)        The State Board ofEducation shall modify the high school social studies curriculum to includeinstruction in civic and citizenship education. The State Board of Education isstrongly encouraged to include, at a minimum, the following components in thehigh school civic and citizenship education curriculum:

a.         That students writeto a local, State, or federal elected official about an issue that is importantto them;

b.         Instruction on theimportance of voting and otherwise participating in the democratic process,including instruction on voter registration and preregistration;

c.         Information aboutcurrent events and governmental structure; and

d.         Information aboutthe democratic process and how laws are made.

(2)        The State Board ofEducation shall modify the middle school social studies curriculum to includeinstruction in civic and citizenship education. The State Board of Education isstrongly encouraged to include, at a minimum, the following components in themiddle school civic and citizenship education curriculum:

a.         A tour ofrepresentative local government facilities such as the local jail, thecourthouse, or a town hall, to help students understand the way their communityis governed;

b.         That students chooseand analyze a community problem and offer public policy recommendations on theproblem to local officials; and

c.         Information aboutgetting involved in community groups.

(g2)      Student Councils. – Allhigh schools and middle schools shall be encouraged to have elected studentcouncils through which students have input into policies and decisions thataffect them. All other schools are encouraged to have student councils.

The purpose of these studentcouncils is to build civic skills and attitudes such as participation inelections, discussion and debate of issues, and collaborative decision making.Schools shall encourage active, broad‑based participation in thesestudent councils.

(g3)      Current Events. – Schoolsshould encourage discussions of current events in a wide range of classes,especially social studies and language arts classes. All high schools andmiddle schools are encouraged to have at least two classes per grade level tooffer interactive current events discussions at least every four weeks.

(h)        CharacterEducation. – Each local board of education shall develop and implementcharacter education instruction with input from the local community. Theinstruction shall be incorporated into the standard curriculum and shouldaddress the following traits:

(1)        Courage. – Havingthe determination to do the right thing even when others don't and the strengthto follow your conscience rather than the crowd; and attempting difficultthings that are worthwhile.

(2)        Good judgment. – Choosingworthy goals and setting proper priorities; thinking through the consequencesof your actions; and basing decisions on practical wisdom and good sense.

(3)        Integrity. – Havingthe inner strength to be truthful, trustworthy, and honest in all things;acting justly and honorably.

(4)        Kindness. – Beingconsiderate, courteous, helpful, and understanding of others; showing care,compassion, friendship, and generosity; and treating others as you would liketo be treated.

(5)        Perseverance. – Beingpersistent in the pursuit of worthy objectives in spite of difficulty,opposition, or discouragement; and exhibiting patience and having the fortitudeto try again when confronted with delays, mistakes, or failures.

(6)        Respect. – Showinghigh regard for authority, for other people, for self, for property, and forcountry; and understanding that all people have value as human beings.

(7)        Responsibility. – Beingdependable in carrying out obligations and duties; showing reliability andconsistency in words and conduct; being accountable for your own actions; andbeing committed to active involvement in your community.

(8)        Self‑Discipline.– Demonstrating hard work and commitment to purpose; regulating yourself forimprovement and restraining from inappropriate behaviors; being in propercontrol of your words, actions, impulses, and desires; choosing abstinence frompremarital sex, drugs, alcohol, and other harmful substances and behaviors; anddoing your best in all situations.

(h1)      In addition to theinstruction under subsection (h) of this section, local boards of education areencouraged to include instruction on the following responsibilities:

(1)        Respect for schoolpersonnel. – In the school environment, respect includes holding teachers,school administrators, and all school personnel in high esteem anddemonstrating in words and deeds that all school personnel deserve to betreated with courtesy and proper deference.

(2)        Responsibility forschool safety. Helping to create a harmonious school atmosphere that is freefrom threats, weapons, and violent or disruptive behavior; cultivate an orderlylearning environment in which students and school personnel feel safe andsecure; and encourage the resolution of conflicts and disagreements throughpeaceful means including peer mediation. Instruction in this responsibilityshould include a consistent and age‑appropriate antiviolence message anda conflict resolution component for students in kindergarten through twelfthgrade. These messages should include media‑awareness education to helpchildren recognize stereotypes and messages portraying violence.

(3)        Service to others. –Engaging in meaningful service to their schools and their communities. Schoolsmay teach service‑learning by (i) incorporating it into their standardcurriculum, or (ii) involving a classroom of students or some other group ofstudents in one or more hands‑on community‑service projects. Allschools are encouraged to provide opportunities for student involvement incommunity service or service‑learning projects.

(4)        Good citizenship. – Obeyingthe laws of the nation and this State; abiding by school rules; andunderstanding the rights and responsibilities of a member of a republic.

(i)         Both the standardcourse of study and the Basic Education Program shall include the requirementthat the public schools provide instruction in personal financial literacy forall students. Each student shall receive personal financial literacyinstruction that shall include (i) the true cost of credit, (ii) choosing andmanaging a credit card, (iii) borrowing money for an automobile or other largepurchase, (iv) home mortgages, (v) credit scoring and credit reports, and (vi)other relevant financial literacy issues.

The State Board of Educationshall determine the other components of personal financial literacy that willbe covered in the curriculum. The State Board shall also review the high schoolstandard course of study to determine into which courses and grade levels thepersonal financial literacy curriculum shall be integrated.

(j)         Disability Historyand Awareness. – Each local board of education shall provide instruction ondisability, people with disabilities, and the disability rights movement inconjunction with Disability History and Awareness Month, established pursuantto G.S. 103‑11. This instruction shall be incorporated into the standardcurriculum through measures that include: (i) supplementing existing lessonplans, (ii) holding school assemblies, (iii) hosting disability‑focusedfilm festivals, or (iv) organizing other school activities. Local boards ofeducation are encouraged to incorporate individuals with disabilities orknowledgeable guest speakers from the disability community into the delivery ofthis instruction.  (1955,c. 1372, art. 5, s. 20; art. 23, ss. 1, 5, 6; 1957, cc. 845, 1101; 1969, c.487, ss. 1, 2; 1971, c. 356; 1973, c. 476, s. 128; 1975, c. 65, ss. 1, 2; 1977,2nd Sess., c. 1256, s. 1; 1981, c. 423, s. 1; 1983, c. 656, s. 2; 1983 (Reg.Sess., 1984), c. 1034, s. 81; c. 1103, s. 2; 1985, c. 479, ss. 55(c)(1),55(c)(2); 1987, c. 630; c. 738, ss. 186(a), 186(b), 187(a); 1989, c. 370; c.801; 1989 (Reg. Sess., 1990), c. 1066, s. 100; 1991, c. 636, s. 9; c. 689, ss.196(a), 198; c. 739, s. 11; 1991 (Reg. Sess., 1992), c. 769, s. 1; c. 900, s.75.1(h); 1993, c. 180, s. 1; c. 321, s. 139(d); c. 359, s. 1; 1993 (Reg. Sess.,1994), c. 769, s. 19.5(a); 1995, c. 371, s. 1; c. 450, ss. 5, 6, 7; c. 507, s.17.14; c. 509, ss. 61, 62; c. 534, ss. 1, 2, 3; 1995 (Reg. Sess., 1996), c.716, s. 8.6; 1996, 2nd Ex. Sess., c. 18, ss. 18.17(a), 18.24(a); 1997‑18,s. 15(f); 1997‑204, s. 2; 1997‑273, ss. 1, 2; 1997‑422, s. 1;2001‑363, ss. 1, 2(b), 2(d); 2003‑284, s. 7.40(a), (b); 2005‑155,s. 2; 2005‑276, s. 7.59(a);2006‑69, s. 3(a); 2006‑264, s. 54(a)‑(c); 2007‑274, s.2; 2009‑60, s. 1; 2009‑213, ss. 2‑9; 2009‑236, s. 1;2009‑504, s. 1; 2009‑541, s. 28(a).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-81

SUBCHAPTER IV. EDUCATIONPROGRAM.

Article 8.

General Education.

Part 1. Courses of Study.

§ 115C‑81.  BasicEducation Program.

(a)        The GeneralAssembly believes that all children can learn. It is the intent of the GeneralAssembly that the mission of the public school community is to challenge withhigh expectations each child to learn, to achieve, and to fulfill his or herpotential. With that mission as its guide, the State Board of Education shalladopt a Basic Education Program for the public schools of the State. Before itadopts or revises the Basic Education Program, the State Board shall consultwith an Advisory Committee, including at least eight members of local boards ofeducation, that the State Board appoints from a list of nominees submitted bythe North Carolina School Boards Association.

The State Board shallimplement the Basic Education Program within funds appropriated for thatpurpose by the General Assembly and by units of local government. It is theintent of the General Assembly that until the Basic Education Program is fullyfunded, the implementation of the Basic Education Program shall be the focus ofState educational funding. It is the goal of the General Assembly that theBasic Education Program be fully funded and completely operational in eachlocal school administrative unit by July 1, 1995.

It is further a goal of theGeneral Assembly to provide supplemental funds to low‑wealth counties toallow those counties to enhance the instructional program and studentachievement.

(a1)      The Basic EducationProgram shall describe the education program to be offered to every child inthe public schools. It shall provide every student in the State equal access toa Basic Education Program. Instruction shall be offered in the areas of arts, communicationskills, physical education and personal health and safety, mathematics, mediaand computer skills, science, second languages, social studies, and vocationaland technical education.

Instruction in vocational andtechnical education under the Basic Education Program shall be based on factorsincluding:

(1)        The integration ofacademic and vocational and technical education;

(2)        A sequential courseof study leading to both academic and occupational competencies;

(3)        Increased studentwork skill attainment and job placement;

(4)        Increased linkages,where geographically feasible, between public schools and community colleges,so the public schools can emphasize academic preparation and the communitycolleges can emphasize specific job training; and

(5)        Instruction andexperience, to the extent practicable, in all aspects of the industry thestudents are prepared to enter.

(a2)      Repealed by SessionLaws 1995, c. 534, s. 1.

(a3)      Alcohol and DrugEducation Program to Be Recommended and Implemented:

(1)        A comprehensiveeducation program that includes alcohol and drug use prevention education mustbe available to every child in North Carolina schools in kindergarten throughhigh school.

(2)        The State Board ofEducation shall develop and maintain a recommended list of alcohol and drug useprevention education materials that include components for teacher training andongoing assessment and evaluation to verify success and ensure the use of up‑to‑dateinformation and strategies.

(3)        The Department ofPublic Instruction will work to strengthen instructional offerings in thecontent and skill areas of the Basic Education Program in which alcohol anddrug use prevention education is addressed. Curricular materials and resourceswill be developed that meet, extend, and supplement drug and alcohol educationas outlined in the North Carolina Standard Course of Study and the TeacherHandbook for the competency‑based curriculum.

(4)        The Department ofPublic Instruction shall recommend to the State Board of Education any drug useprevention education support materials that should be removed or added to therecommended list of curricular resources developed and maintained by the StateBoard of Education.

(5)        Local boards ofeducation may select supplemental alcohol and drug use prevention educationmaterials from the list maintained by the State Board of Education, or developtheir own supplemental materials to be approved by the State Board ofEducation.

(6)        Local boards ofeducation shall implement alcohol and drug use prevention education as aprimary part of their comprehensive health education program.

(7)        Local boards ofeducation will provide for ongoing evaluation of drug use prevention educationresources, to include participation in on‑going evaluations with theDepartment of Public Instruction.

(8)        Local boards ofeducation must implement an approved drug and alcohol education preventionprogram for kindergarten through sixth grade by the 1990‑91 school year,and for seventh grade through twelfth grade by the 1991‑92 school year.

(9)        Repealed by SessionLaws 2005‑155, s. 2, effective July 5, 2005.

(10)      The Department ofPublic Instruction, in conjunction with local school districts, will providefor staff development to train educators and support personnel to implement acomprehensive alcohol and drug use prevention education program.

(11)      Sequential, age‑appropriateinstruction will be provided that has the following features:

a.         Reaches all studentsin all grades;

b.         Presents a clear andconsistent message that the use of alcohol and illicit drugs and the misuse ofother drugs is unhealthy and harmful;

c.         Reflects currentresearch and theory;

d.         Includes allabusable substances;

e.         Utilizes informationthat is current and accurate;

f.          Involves studentsin active "hands‑on" learning experiences;

g.         Integrates substanceabuse education with other health and social issues and other subject and skillareas of the North Carolina Basic Education Program and Standard Course ofStudy;

h.         Promotesunderstanding and respect for the law and values of society;

i.          Encourages health,safe, and responsible attitudes and behaviors;

j.          Includes strategiesto involve parents, family members, and the community;

k.         Includes informationon intervention and treatment services;

l.          Is continually opento revision, expansion and improvement.

(a4)      Conflict Resolutionand Mediation Models: The State Board of Education shall develop a list ofrecommended conflict resolution and mediation materials, models, and curriculathat address responsible decision making, the causes and effects of schoolviolence and harassment, cultural diversity, and nonviolent methods forresolving conflict, including peer mediation and shall make the list availableto local school administrative units and school buildings by the beginning ofthe 1994‑95 school year. In developing this list, the Board shallemphasize materials, models, and curricula that currently are being used inNorth Carolina and that the Board determines to be effective. The Board shallinclude at least one model that includes instruction and guidance for thevoluntary implementation of peer mediation programs and one model that providesinstruction and guidance for teachers concerning the integration of conflictresolution and mediation lessons into the existing classroom curriculum.

(b)        The Basic EducationProgram shall include course requirements and descriptions similar in format tomaterials previously contained in the standard course of study and it shallprovide:

(1)        A core curriculumfor all students that takes into account the special needs of children;

(2)        A set ofcompetencies, by grade level, for each curriculum area;

(3)        A list of textbooksfor use in providing the curriculum;

(4)        Standards forstudent performance and promotion based on the mastery of competencies,including standards for graduation, that take into account children withdisabilities and, in particular, include appropriate modifications;

(5)        A program ofremedial education;

(6)        Required supportprograms;

(7)        A definition of the instructionalday;

(8)        Class sizerecommendations and requirements;

(9)        Prescribed staffingallotment ratios;

(10)      Material andequipment allotment ratios;

(11)      Facilities guidelinesthat reflect educational program appropriateness, long‑term cost efficiency,and safety considerations; and

(12)      Any other informationthe Board considers appropriate and necessary.

The State Board shall notadopt or enforce any rule that requires Algebra I as a graduation standard oras a requirement for a high school diploma for any student whose individualizededucation program (i) identifies the student as learning disabled in the areaof mathematics and (ii) states that this learning disability will prevent thestudent from mastering Algebra I.

The State Board shall not requireany student to prepare a high school graduation project as a condition ofgraduation from high school prior to July 1, 2011; local boards of educationmay, however, require their students to complete a high school graduationproject.

(b1)      Both the standardcourse of study and the Basic Education Program shall include the requirementthat the public schools provide to all students one yearlong course ofinstruction on North Carolina history and geography in elementary school andone yearlong course of instruction in middle school on North Carolina historywith United States history integrated into this instruction. The course ofinstruction shall include contributions to the history and geography of theState and the nation by the racial and ethnic groups that have contributed tothe development and diversity of the State and nation. Each course ofinstruction may include up to two weeks of instruction relating to the localarea in which the students reside.

(c)        (For finaleffective date, see notes) Local boards of education shall provide for theefficient teaching at appropriate grade levels of all materials set forth inthe standard course of study, including integrated instruction in the areas ofcitizenship in the United States of America, government of the State of NorthCarolina, government of the United States, fire prevention, the free enterprisesystem, and the dangers of harmful or illegal drugs, including alcohol.

Except when a board authorizesteaching in a foreign language in order to comply with federal law, localboards of education shall require all teachers and principals to conductclasses except foreign language classes in English. Any teacher or principalwho refuses to do so may be dismissed.

(c)        (For futureeffective date, see notes) Local boards of education shall provide for theefficient teaching at appropriate grade levels of all materials set forth inthe Basic Education Program, including integrated instruction in the areas ofcitizenship in the United States of America, government of the State of NorthCarolina, government of the United States, fire prevention, the free enterprisesystem, and the dangers of harmful or illegal drugs, including alcohol.

Except when a board authorizesteaching in a foreign language in order to comply with federal law, localboards of education shall require all teachers and principals to conductclasses except foreign language classes in English. Any teacher or principalwho refuses to do so may be dismissed.

(d)        The standard courseof study as it exists on January 1, 1985, and as subsequently revised by theState Board, shall remain in effect until its components have been fullyincorporated and implemented as a part of the Basic Education Program.

(e)        Repealed by SessionLaws 1995, c. 534, s. 2.

(e1)      School HealthEducation Program to Be Developed and Administered.

(1)        A comprehensiveschool health education program shall be developed and taught to pupils of thepublic schools of this State from kindergarten through ninth grade. Thisprogram includes age‑appropriate instruction in the following subjectareas, regardless of whether this instruction is described as, or incorporatedinto a description of, "family life education", "family healtheducation", "health education", "family living","health", "healthful living curriculum", or "self‑esteem":

a.         Mental and emotionalhealth;

b.         Drug and alcoholabuse prevention;

c.         Nutrition;

d.         Dental health;

e.         Environmentalhealth;

f.          Family living;

g.         Consumer health;

h.         Disease control;

i.          Growth anddevelopment;

j.          First aid andemergency care, including the teaching of cardiopulmonary resuscitation (CPR)and the Heimlich maneuver by using hands‑on training with mannequins sothat students become proficient in order to pass a test approved by theAmerican Heart Association, or American Red Cross;

k.         Preventing sexuallytransmitted diseases, including HIV/AIDS, and other communicable diseases;

l.          Reproductive healthand safety education; and

m.        Bicycle safety.

            Asused in this subsection, "HIV/AIDS" means Human ImmunodeficiencyVirus/Acquired Immune Deficiency Syndrome.

(2)        The State Board ofEducation shall supervise the development and operation of a statewidecomprehensive school health education program including curriculum development,in‑service training provision and promotion of collegiate training,learning material review, and assessment and evaluation of local programs inthe same manner as for other programs. The State Board of Education shall adoptobjectives for the instruction of the subject areas listed in subdivision (1)of this subsection that are appropriate for each grade level. In addition, theState Board shall approve textbooks and other materials incorporating theseobjectives that local school administrative units may purchase with State funds.The State Board of Education, through the Department of Public Instruction,shall, on a regular basis, review materials related to these objectives, anddistribute these reviews to local school administrative units for theirinformation.

(3)        Repealed by SessionLaws 2009‑213, s. 3, effective June 30, 2009, and applicable beginningwith the 2010‑2011 school year.

(4)        Each local schooladministrative unit shall provide a reproductive health and safety educationprogram commencing in the seventh grade that includes the followinginstruction:

a.         Teaches thatabstinence from sexual activity outside of marriage is the expected standardfor all school‑age children.

b.         Presents techniquesand strategies to deal with peer pressure and offering positive reinforcement.

c.         Presents reasons,skills, and strategies for remaining or becoming abstinent from sexualactivity.

d.         Teaches thatabstinence from sexual activity is the only certain means of avoiding out‑of‑wedlockpregnancy, sexually transmitted diseases when transmitted through sexualcontact, including HIV/AIDS, and other associated health and emotionalproblems.

e.         Teaches that amutually faithful monogamous heterosexual relationship in the context ofmarriage is the best lifelong means of avoiding sexually transmitted diseases,including HIV/AIDS.

f.          Teaches thepositive benefits of abstinence until marriage and the risks of premaritalsexual activity.

g.         Providesopportunities that allow for interaction between the parent or legal guardianand the student.

h.         Provides factuallyaccurate biological or pathological information that is related to the humanreproductive system.

Materialsused in this instruction shall be age appropriate for use with students.Information conveyed during the instruction shall be objective and based uponscientific research that is peer reviewed and accepted by professionals andcredentialed experts in the field of sexual health education.

(4a)      Each local schooladministrative unit shall also include as part of the instruction requiredunder subdivision (4) of this subsection the following instruction:

a.         Teaches aboutsexually transmitted diseases. Instruction shall include how sexuallytransmitted diseases are and are not transmitted, the effectiveness and safetyof all federal Food and Drug Administration (FDA)‑approved methods ofreducing the risk of contracting sexually transmitted diseases, and informationon local resources for testing and medical care for sexually transmitteddiseases. Instruction shall include the rates of infection among pre‑teenand teens of each known sexually transmitted disease and the effects ofcontracting each sexually transmitted disease. In particular, the instructionshall include information about the effects of contracting the Human PapillomaVirus, including sterility and cervical cancer.

b.         Teaches about theeffectiveness and safety of all FDA‑approved contraceptive methods inpreventing pregnancy.

c.         Teaches awareness ofsexual assault, sexual abuse, and risk reduction. The instruction and materialsshall:

1.         Focus on healthyrelationships.

2.         Teach students whatconstitutes sexual assault and sexual abuse, the causes of those behaviors, andrisk reduction.

3.         Inform studentsabout resources and reporting procedures if they experience sexual assault orsexual abuse.

4.         Examine commonmisconceptions and stereotypes about sexual assault and sexual abuse.

Materialsused in this instruction shall be age appropriate for use with students.Information conveyed during the instruction shall be objective and based uponscientific research that is peer reviewed and accepted by professionals andcredentialed experts in the field of sexual health education. Each local boardof education shall adopt a policy and provide a mechanism to allow a parent ora guardian to withdraw his or her child from instruction required under thissubdivision.

(5)        The State Board ofEducation shall make available to all local school administrative units forreview by the parents and legal guardians of students enrolled at that unit anyState‑developed objectives for instruction, any approved textbooks, thelist of reviewed materials, and any other State‑developed or approvedmaterials that pertain to or are intended to impart information or promotediscussion or understanding in regard to the prevention of sexually transmitteddiseases, including HIV/AIDS, to the avoidance of out‑of‑wedlockpregnancy, or to the  reproductive health and safety education curriculum. Thereview period shall extend for at least 60 days before use.

(6)        Repealed by SessionLaws 2009‑213, s. 7, effective June 30, 2009, and applicable beginningwith the 2010‑2011 school year.

(7)        Each school year,before students may participate in any portion of (i) a program that pertainsto or is intended to impart information or promote discussion or understandingin regard to the prevention of sexually transmitted diseases, includingHIV/AIDS, or to the avoidance of out‑of‑wedlock pregnancy, or (ii)a reproductive health and safety education program, whether developed by theState or by the local board of education, the parents and legal guardians ofthose students shall be given an opportunity to review the objectives andmaterials. Local boards of education shall adopt policies to provideopportunities either for parents and legal guardians to consent or for parentsand legal guardians to withhold their consent to the students' participation inany or all of these programs.

(8)        Students may receiveinformation about where to obtain contraceptives and abortion referral servicesonly in accordance with a local board's policy regarding parental consent. Anyinstruction concerning the use of contraceptives or prophylactics shall provideaccurate statistical information on their effectiveness and failure rates forpreventing pregnancy and sexually transmitted diseases, including HIV/AIDS, inactual use among adolescent populations and shall explain clearly thedifference between risk reduction and risk elimination through abstinence. TheDepartment of Health and Human Services shall provide the most currentavailable information at the beginning of each school year.

(9)        Contraceptives,including condoms and other devices, shall not be made available or distributedon school property.

(10)      School healthcoordinators may be employed to assist in the instruction of any portion of thecomprehensive school health education program. Where feasible, a school healthcoordinator should serve more than one local school administrative unit. Eachperson initially employed as a State‑funded school health coordinatorafter June 30, 1987, shall have a degree in health education.

(11)      Each local schooladministrative unit shall provide a comprehensive school health educationprogram that meets all the requirements of this subsection and all the objectivesestablished by the State Board. Each local board of education may expand on thesubject areas to be included in the program and on the instructional objectivesto be met.

(f)         Establishment andMaintenance of Kindergartens. –

(1)        Local boards of educationshall provide for their respective local school administrative unitkindergartens as a part of the public school system for all children living inthe local school administrative unit who are eligible for admission pursuant tosubdivision (2) of this subsection provided that funds are available fromState, local, federal or other sources to operate a kindergarten program asprovided in this subsection.

            Allkindergarten programs so established shall be subject to the supervision of theDepartment of Public Instruction and shall be operated in accordance with thestandards adopted by the State Board of Education, upon recommendation of theSuperintendent of Public Instruction.

            Amongthe standards to be adopted by the State Board of Education shall be aprovision that the Board will allocate funds for the purpose of operating andadministering kindergartens to each school administrative unit in the Statebased on the average daily membership for the best continuous three out of thefirst four school months of pupils in the kindergarten program during the lastschool year in that respective school administrative unit. Such allocations areto be made from funds appropriated to the State Board of Education for thekindergarten program.

(2)        Any child who meetsthe requirements of G.S. 115C‑364 shall be eligible for enrollment inkindergarten. Any child who is enrolled in kindergarten and not withdrawn bythe child's parent or guardian shall attend kindergarten.

(3)        Notwithstanding anyother provision of law to the contrary, subject to the approval of the StateBoard of Education, any local board of education may elect not to establish andmaintain a kindergarten program. Any funds allocated to a local board ofeducation which does not operate a kindergarten program may be reallocated bythe State Board of Education, within the discretion of the Board, to a countyor city board of education which will operate such a program.

(g)        Civic Literacy. –

(1)        Local boards ofeducation shall require during the high school years the teaching of thenation's founding and related documents, which shall include at least the majorprinciples in the Declaration of Independence, the United States Constitutionand its amendments, and the most important of the Federalist Papers.

(2)        Local boards ofeducation shall require that high school students demonstrate knowledge andunderstanding of the nation's founding and related documents in order toreceive a certificate or diploma of graduation from high school.

(3)        Local boards of educationshall include among the requirements for graduation from high school a passinggrade in all courses that include primary instruction in the Declaration ofIndependence, the United States Constitution and its amendments, and the mostimportant of the Federalist Papers.

(3a)      Local boards ofeducation shall allow and may encourage any public school teacher oradministrator to read or post in a public school building, classroom, or event,excerpts or portions of writings, documents, and records that reflect thehistory of the United States, including, but not limited to, (i) the preambleto the North Carolina Constitution, (ii) the Declaration of Independence, (iii)the United States Constitution, (iv) the Mayflower Compact, (v) the nationalmotto, (vi) the National Anthem, (vii) the Pledge of Allegiance, (viii) thewritings, speeches, documents, and proclamations of the founding fathers andPresidents of the United States, (ix) decisions of the Supreme Court of theUnited States, and (x) acts of the Congress of the United States, including thepublished text of the Congressional Record. Local boards, superintendents,principals, and supervisors shall not allow content‑based censorship ofAmerican history in the public schools of this State, including religiousreferences in these writings, documents, and records. Local boards andprofessional school personnel may develop curricula and use materials that arelimited to specified topics provided the curricula and materials are alignedwith the standard course of study or are grade level appropriate.

(3b)      A local schooladministrative unit may display on real property controlled by that localschool administrative unit documents and objects of historical significancethat have formed and influenced the United States legal or governmental systemand that exemplify the development of the rule of law, such as the Magna Carta,the Mecklenburg Declaration, the Ten Commandments, the Justinian Code, anddocuments set out in subdivision (3a) of this subsection. This display mayinclude, but shall not be limited to, documents that contain words associatedwith a religion; provided however, no display shall seek to establish orpromote religion or to persuade any person to embrace a particular religion,denomination of a religion, or other philosophy. The display of a documentcontaining words associated with a religion shall be in the same manner andappearance generally as other documents and objects displayed and shall not bepresented or displayed in any fashion that results in calling attention to itapart from the other displayed documents and objects. The display also shall beaccompanied by a prominent sign quoting the First Amendment of the UnitedStates Constitution as follows: "Congress shall make no law respecting anestablishment of religion, or prohibiting the free exercise thereof; orabridging the freedom of speech, or of the press; or the right of the peoplepeaceably to assemble, and to petition the government for a redress ofgrievances."

(4)        The State Board ofEducation shall require that any high school level curriculum‑based testsdeveloped and administered statewide beginning with academic year 1990‑91include questions related to the Declaration of Independence, the United StatesConstitution and its amendments, and the most important of the FederalistPapers.

(5)        The State Departmentof Public Instruction and the local boards of education, as appropriate, shallestablish curriculum content and provide for teacher training to ensure thatthe intent and provisions of this subsection are carried out. The curriculumcontent established shall include a review of the contributions made byAmericans of all races.

(g1)      Modifications to thesocial studies curriculum to instruct students on participation in the democraticprocess and to give them hands‑on experience in participating in thedemocratic process:

(1)        The State Board ofEducation shall modify the high school social studies curriculum to includeinstruction in civic and citizenship education. The State Board of Education isstrongly encouraged to include, at a minimum, the following components in thehigh school civic and citizenship education curriculum:

a.         That students writeto a local, State, or federal elected official about an issue that is importantto them;

b.         Instruction on theimportance of voting and otherwise participating in the democratic process,including instruction on voter registration and preregistration;

c.         Information aboutcurrent events and governmental structure; and

d.         Information aboutthe democratic process and how laws are made.

(2)        The State Board ofEducation shall modify the middle school social studies curriculum to includeinstruction in civic and citizenship education. The State Board of Education isstrongly encouraged to include, at a minimum, the following components in themiddle school civic and citizenship education curriculum:

a.         A tour ofrepresentative local government facilities such as the local jail, thecourthouse, or a town hall, to help students understand the way their communityis governed;

b.         That students chooseand analyze a community problem and offer public policy recommendations on theproblem to local officials; and

c.         Information aboutgetting involved in community groups.

(g2)      Student Councils. – Allhigh schools and middle schools shall be encouraged to have elected studentcouncils through which students have input into policies and decisions thataffect them. All other schools are encouraged to have student councils.

The purpose of these studentcouncils is to build civic skills and attitudes such as participation inelections, discussion and debate of issues, and collaborative decision making.Schools shall encourage active, broad‑based participation in thesestudent councils.

(g3)      Current Events. – Schoolsshould encourage discussions of current events in a wide range of classes,especially social studies and language arts classes. All high schools andmiddle schools are encouraged to have at least two classes per grade level tooffer interactive current events discussions at least every four weeks.

(h)        CharacterEducation. – Each local board of education shall develop and implementcharacter education instruction with input from the local community. Theinstruction shall be incorporated into the standard curriculum and shouldaddress the following traits:

(1)        Courage. – Havingthe determination to do the right thing even when others don't and the strengthto follow your conscience rather than the crowd; and attempting difficultthings that are worthwhile.

(2)        Good judgment. – Choosingworthy goals and setting proper priorities; thinking through the consequencesof your actions; and basing decisions on practical wisdom and good sense.

(3)        Integrity. – Havingthe inner strength to be truthful, trustworthy, and honest in all things;acting justly and honorably.

(4)        Kindness. – Beingconsiderate, courteous, helpful, and understanding of others; showing care,compassion, friendship, and generosity; and treating others as you would liketo be treated.

(5)        Perseverance. – Beingpersistent in the pursuit of worthy objectives in spite of difficulty,opposition, or discouragement; and exhibiting patience and having the fortitudeto try again when confronted with delays, mistakes, or failures.

(6)        Respect. – Showinghigh regard for authority, for other people, for self, for property, and forcountry; and understanding that all people have value as human beings.

(7)        Responsibility. – Beingdependable in carrying out obligations and duties; showing reliability andconsistency in words and conduct; being accountable for your own actions; andbeing committed to active involvement in your community.

(8)        Self‑Discipline.– Demonstrating hard work and commitment to purpose; regulating yourself forimprovement and restraining from inappropriate behaviors; being in propercontrol of your words, actions, impulses, and desires; choosing abstinence frompremarital sex, drugs, alcohol, and other harmful substances and behaviors; anddoing your best in all situations.

(h1)      In addition to theinstruction under subsection (h) of this section, local boards of education areencouraged to include instruction on the following responsibilities:

(1)        Respect for schoolpersonnel. – In the school environment, respect includes holding teachers,school administrators, and all school personnel in high esteem anddemonstrating in words and deeds that all school personnel deserve to betreated with courtesy and proper deference.

(2)        Responsibility forschool safety. Helping to create a harmonious school atmosphere that is freefrom threats, weapons, and violent or disruptive behavior; cultivate an orderlylearning environment in which students and school personnel feel safe andsecure; and encourage the resolution of conflicts and disagreements throughpeaceful means including peer mediation. Instruction in this responsibilityshould include a consistent and age‑appropriate antiviolence message anda conflict resolution component for students in kindergarten through twelfthgrade. These messages should include media‑awareness education to helpchildren recognize stereotypes and messages portraying violence.

(3)        Service to others. –Engaging in meaningful service to their schools and their communities. Schoolsmay teach service‑learning by (i) incorporating it into their standardcurriculum, or (ii) involving a classroom of students or some other group ofstudents in one or more hands‑on community‑service projects. Allschools are encouraged to provide opportunities for student involvement incommunity service or service‑learning projects.

(4)        Good citizenship. – Obeyingthe laws of the nation and this State; abiding by school rules; andunderstanding the rights and responsibilities of a member of a republic.

(i)         Both the standardcourse of study and the Basic Education Program shall include the requirementthat the public schools provide instruction in personal financial literacy forall students. Each student shall receive personal financial literacyinstruction that shall include (i) the true cost of credit, (ii) choosing andmanaging a credit card, (iii) borrowing money for an automobile or other largepurchase, (iv) home mortgages, (v) credit scoring and credit reports, and (vi)other relevant financial literacy issues.

The State Board of Educationshall determine the other components of personal financial literacy that willbe covered in the curriculum. The State Board shall also review the high schoolstandard course of study to determine into which courses and grade levels thepersonal financial literacy curriculum shall be integrated.

(j)         Disability Historyand Awareness. – Each local board of education shall provide instruction ondisability, people with disabilities, and the disability rights movement inconjunction with Disability History and Awareness Month, established pursuantto G.S. 103‑11. This instruction shall be incorporated into the standardcurriculum through measures that include: (i) supplementing existing lessonplans, (ii) holding school assemblies, (iii) hosting disability‑focusedfilm festivals, or (iv) organizing other school activities. Local boards ofeducation are encouraged to incorporate individuals with disabilities orknowledgeable guest speakers from the disability community into the delivery ofthis instruction.  (1955,c. 1372, art. 5, s. 20; art. 23, ss. 1, 5, 6; 1957, cc. 845, 1101; 1969, c.487, ss. 1, 2; 1971, c. 356; 1973, c. 476, s. 128; 1975, c. 65, ss. 1, 2; 1977,2nd Sess., c. 1256, s. 1; 1981, c. 423, s. 1; 1983, c. 656, s. 2; 1983 (Reg.Sess., 1984), c. 1034, s. 81; c. 1103, s. 2; 1985, c. 479, ss. 55(c)(1),55(c)(2); 1987, c. 630; c. 738, ss. 186(a), 186(b), 187(a); 1989, c. 370; c.801; 1989 (Reg. Sess., 1990), c. 1066, s. 100; 1991, c. 636, s. 9; c. 689, ss.196(a), 198; c. 739, s. 11; 1991 (Reg. Sess., 1992), c. 769, s. 1; c. 900, s.75.1(h); 1993, c. 180, s. 1; c. 321, s. 139(d); c. 359, s. 1; 1993 (Reg. Sess.,1994), c. 769, s. 19.5(a); 1995, c. 371, s. 1; c. 450, ss. 5, 6, 7; c. 507, s.17.14; c. 509, ss. 61, 62; c. 534, ss. 1, 2, 3; 1995 (Reg. Sess., 1996), c.716, s. 8.6; 1996, 2nd Ex. Sess., c. 18, ss. 18.17(a), 18.24(a); 1997‑18,s. 15(f); 1997‑204, s. 2; 1997‑273, ss. 1, 2; 1997‑422, s. 1;2001‑363, ss. 1, 2(b), 2(d); 2003‑284, s. 7.40(a), (b); 2005‑155,s. 2; 2005‑276, s. 7.59(a);2006‑69, s. 3(a); 2006‑264, s. 54(a)‑(c); 2007‑274, s.2; 2009‑60, s. 1; 2009‑213, ss. 2‑9; 2009‑236, s. 1;2009‑504, s. 1; 2009‑541, s. 28(a).)