Bill Text: NC S374 | 2013-2014 | Regular Session | Amended
Bill Title: NC Public Schools Budget Flexibility Act
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced - Dead) 2013-04-17 - Re-ref Com On Appropriations/Base Budget [S374 Detail]
Download: North_Carolina-2013-S374-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 2
SENATE BILL 374
Education/Higher Education Committee Substitute Adopted 4/17/13
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Short Title: NC Public Schools Budget Flexibility Act. |
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Sponsors: |
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Referred to: |
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March 20, 2013
A BILL TO BE ENTITLED
AN ACT to enact the north carolina public schools budget flexibility act.
The General Assembly of North Carolina enacts:
Part I. title
SECTION 1.1. This act shall be known as the "North Carolina Public Schools Budget Flexibility Act of 2013."
part ii. budget flexibility
additional authority to transfer funds
SECTION 2.1. G.S. 115C‑105.25 reads as rewritten:
"§ 115C‑105.25. Budget flexibility.
(a) Consistent with improving student performance, a local board shall provide maximum flexibility to schools in the use of funds to enable the schools to accomplish their goals.
(b) Subject to the following limitations, local boards of education may transfer and may approve transfers of funds between funding allotment categories:
(1) In accordance with a school improvement
plan accepted under G.S. 115C‑105.27, State funds allocated for
teacher assistants may be transferred only for personnel (i) to serve students
only in kindergarten through third grade, or (ii) to serve students primarily
in kindergarten through third grade when the personnel are assigned to an
elementary school to serve the whole school. Funds allocated for teacher
assistants may be transferred to reduce class size or to reduce the student‑teacher
ratio in kindergarten through third grade so long as the affected teacher
assistant positions are not filled when the plan is amended or approved by the
building‑level staff entitled to vote on the plan or the affected teacher
assistant positions are not expected to be filled on the date the plan is to be
implemented. Any State funds appropriated for teacher assistants that were
converted to certificated teachers before July 1, 1995, in accordance with
Section 1 of Chapter 986 of the 1991 Session Laws, as rewritten by Chapter 103
of the 1993 Session Laws, may continue to be used for certificated teachers.
(1a) Funds for children with disabilities, career and technical education, and other purposes may be transferred only as permitted by federal law and the conditions of federal grants or as provided through any rules that the State Board of Education adopts to ensure compliance with federal regulations.
(2) In accordance with a school improvement
plan accepted under G.S. 115C‑105.27, (i) State funds allocated for
classroom materials/instructional supplies/equipment may be transferred only
for the purchase of textbooks; (ii) State funds allocated for textbooks may be
transferred only for the purchase of instructional supplies, instructional
equipment, or other classroom materials; and (iii) State funds allocated for
noninstructional support personnel may be transferred only for teacher
positions.
(2a) Up to three percent (3%) of State funds
allocated for noninstructional support personnel may be transferred for staff
development.
(3) No funds shall be transferred into the central office administration allotment category.
(4) Funds allocated for children with
disabilities, for students with limited English proficiency, and for driver's
education shall not be transferred.
(5) Funds allocated for classroom teachers
may be transferred only for teachers of exceptional children, for teachers of
at‑risk students, and for authorized purposes under the textbooks
allotment category and the classroom materials/instructional supplies/equipment
allotment category.
(5a) Positions allocated for classroom teachers may be converted to dollar equivalents to contract for visiting international exchange teachers. These positions shall be converted at the statewide average salary for classroom teachers, including benefits. The converted funds shall be used only to cover the costs associated with bringing visiting international exchange teachers to the local school administrative unit through a State‑approved visiting international exchange teacher program and supporting the visiting exchange teachers.
(6) Funds allocated for vocational education
may be transferred only in accordance with any rules that the State Board of
Education considers appropriate to ensure compliance with federal regulations.
(7) Funds allocated for career development
shall be used in accordance with Section 17.3 of Chapter 324 of the 1995
Session Laws.
(8) Funds allocated for academically or
intellectually gifted students may be used only (i) for academically or
intellectually gifted students; (ii) to implement the plan developed under G.S. 115C‑150.7;
or (iii) in accordance with an accepted school improvement plan, for any
purpose so long as that school demonstrates it is providing appropriate
services to academically or intellectually gifted students assigned to that
school in accordance with the local plan developed under G.S. 115C‑150.7.
(9) Funds allocated in the Alternative
Schools/At‑Risk Student allotment shall be spent only for alternative
learning programs, at‑risk students, and school safety programs.
(10) Funds to carry out the elements of the Excellent Public Schools Act, which are contained in Sections 7A.1 and 7A.6 of S.L. 2012‑142, shall not be transferred."
local flexibility regarding class size
SECTION 2.2.(a) G.S. 115C‑301 reads as rewritten:
"§ 115C‑301. Allocation of teachers; class size.
(a) Request for Funds. – The State Board of Education, based upon the reports of local boards of education and such other information as the State Board may require from local boards, shall determine for each local school administrative unit the number of teachers and other instructional personnel to be included in the State budget request.
(b) Allocation of Positions. – The State Board of Education is authorized to adopt rules to allot instructional personnel and teachers, within funds appropriated.
(c) Maximum Class Size. – Local
school administrative units shall have the maximum flexibility to use allotted
teacher positions to maximize student achievement.The average class size
for each grade span in a local school administrative unit shall at no time
exceed the funded allotment ratio of teachers to students. At the end of the
second school month and for the remainder of the school year, the size of an
individual class shall not exceed the allotment ratio by more than three
students. At no time may the General Assembly appropriate funds for higher unit‑wide
class averages than those for which State funds were provided during the 1984‑85
school year.
(d) Maximum Teaching Load. – Students shall
be assigned to classes so that from the 15th day of the school year through the
end of the school year the number of students for whom teachers in grades 7
through 12 are assigned teaching responsibilities during the course of the day
is no more than 150 students, except as provided in subsection (g) of this
section.
(e) Alternative Maximum Class Sizes. – The
State Board of Education, in its discretion, may set higher maximum class sizes
and daily teaching loads for classes in music, physical education, and other
similar subjects, so long as the effectiveness of the instructional programs in
those areas is not thereby impaired.
(f) Second Month Reports. – At the end of the second
month of each school year, each local board of education, through the superintendent,
shall file a report for each school within the school unit with the State Board
of Education. The report shall be filed in a format prescribed by the State
Board of Education and shall include the organization for each school, the
duties of each teacher, the size of each class, the teaching load of each
teacher, and such other information as the State Board may require. As of
February 1 each year, local boards of education, through the superintendent,
shall report all exceptions to individual class size and daily teaching load
maximums that occur at that time.
(g) Waivers and Allotment Adjustments. – Local
boards of education shall report exceptions to the State Board of Education
as provided in G.S. 115C‑47(10), and shall request may
request allotment adjustments and or waivers from the standards
set out above. Within 45 days of receipt of reports, the State Board of
Education, within funds available, may allot additional positions.positions
or grant waivers for the excess class size or daily load.
(1) If the exception resulted from (i)
exceptional circumstances, emergencies, or acts of God, (ii) large changes in
student population, (iii) organizational problems caused by remote geographic
location, or (iv) classes organized for a solitary curricular area, and
(2) If the local board cannot
organizationally correct the exception.
(h) State Board Rules. – The State Board of Education
shall adopt rules necessary for the implementation of class size and
teaching load provisions.this section.
(i) Penalty for Noncompliance. – If the
State Board of Education determines that a local superintendent has willfully
failed to comply with the requirements of this section, no State funds shall be
allocated to pay the superintendent's salary for the period of time the
superintendent is in noncompliance."
SECTION 2.2.(b) G.S. 115C‑47(10) reads as rewritten:
"§ 115C‑47. Powers and duties generally.
In addition to the powers and duties designated in G.S. 115C‑36, local boards of education shall have the power or duty:
…
(10) To Assure Appropriate Class Size. – It shall be the
responsibility of local boards of education to assure that the teacher
positions allotted by the State are used to maximize student achievement.class
size and teaching load requirements set forth in G.S. 115C‑301 are
met. Any teacher who believes that the requirements of G.S. 115C‑301
have not been met shall make a report to the principal and superintendent, and
the superintendent shall immediately determine whether the requirements have in
fact not been met. If the superintendent determines the requirements have not
been met, he shall make a report to the next local board of education meeting.
The local board of education shall take action to meet the requirements of the
statute. If the local board cannot organizationally correct the exception and
if any of the conditions set out in G.S. 115C‑301(g)(1) exist, it
shall immediately apply to the State Board of Education for additional
personnel or a waiver of the class size requirements, as provided in G.S. 115C‑301(g).
Upon notification from the State
Board of Education that the reported exception does not qualify for an
allotment adjustment or a waiver under provisions of G.S. 115C‑301,
the local board, within 30 days, shall take action necessary to correct the
exception.
At the end of the second month of
each school year, the local board of education, through the superintendent,
shall file a report with the State Board of Education, in a format prescribed
by the State Board of Education, describing the organization of each school,
the duties of each teacher, the size of each class, and the teaching load of
each teacher. As of February 1 each year, local boards of education, through
the superintendent, shall report all exceptions to individual class size and
daily teaching load maximums that exist at that time.
In addition to assuring that the
requirements of G.S. 115C‑301 are met,addition, each
local board of education shall also have the duty to provide an adequate number
of classrooms to meet the requirements of that statute.classrooms."
SECTION 2.2.(c) G.S. 115C‑276(k) reads as rewritten:
"(k) To Submit Organization Reports and Other
Information to the State Board. – Each year the superintendent of each local
school administrative unit shall submit to the State Board of Education
statistical reports, certified by the chairman of the board of education,
showing the organization of the schools in his unit and any additional
information the State Board may require. At the end of the second month of school
each year, local boards of education, through the superintendent, shall report
school organization, employees' duties, class sizes, and teaching loads to the
State Board of Education as provided in G.S. 115C‑47(10). Education.As
of February 1 each year, local boards of education, through the superintendent,
shall report all exceptions to individual class size and daily teaching load
maximums that occur at that time."
part iii. transparency of reporting on expenditures
SECTION 3.1. G.S. 115C‑105.25 is amended by adding a new subsection to read:
"(c) To ensure that parents, educators, and the general public are informed on how State funds have been used to address local educational priorities, each local school administrative unit shall publish the following information on its Web site by October 15 of each year:
(1) A description of each program report code, written in plain English, and a summary of the prior fiscal year's expenditure of State funds within each program report code.
(2) A description of each object code within a program report code, written in plain English, and a summary of the prior fiscal year's expenditure of State funds for each object code.
(3) A description of each allotment transfer that increased or decreased the initial allotment amount by more than five percent (5%) and the educational priorities that necessitated the transfer."
part iv. effective date
SECTION 4.1. This act becomes effective July 1, 2013.
