Bill Text: NC S461 | 2017-2018 | Regular Session | Amended
Bill Title: Modify UNC Laboratory Schools
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2017-04-19 - Re-ref Com On Appropriations/Base Budget [S461 Detail]
Download: North_Carolina-2017-S461-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 461*
|
Short Title: Modify UNC Laboratory Schools. |
(Public) |
|
|
Sponsors: |
Senators Barefoot, Curtis, and Lee (Primary Sponsors). |
|
|
Referred to: |
Rules and Operations of the Senate |
|
March 30, 2017
A BILL TO BE ENTITLED
AN ACT to modify the governance and operation of The university of north carolina laboratory schools.
The General Assembly of North Carolina enacts:
SECTION 1. Article 29A of Chapter 116 of the General Statutes reads as rewritten:
"Article 29A.
"University of North Carolina Laboratory Schools.
"§ 116‑239.5. University of North Carolina laboratory schools; purpose.
(a) The Board of Governors, in
consultation withupon recommendation by the constituent
institutions of The University of North Carolina with educator preparation
programs,President, shall designate eightat least nine
constituent institutions to submit proposals to establish laboratory
schools to serve public school students in accordance with the provisions of
this Article. The Board of Governors shall select eight constituent
institutions with quality high-quality educator preparation
programs as demonstrated by the annual performance measures reported by the
constituent institutions in accordance with G.S. 115C‑296.13. The
Board of Governors' Subcommittee on Laboratory Schools established under G.S. 116‑239.7
shall review the proposals and approve at least nine of the proposals to
establish laboratory schools. The Subcommittee shall oversee the operations of
those laboratory schools to meet the purposes set forth in this Article.
(b) The mission of a laboratory school shall be to improve student performance in local school administrative units with low‑performing schools by providing an enhanced education program for students residing in those units and to provide exposure and training for teachers and principals to successfully address challenges existing in high‑needs school settings. A laboratory school shall provide an opportunity for research, demonstration, student support, and expansion of the teaching experience and evaluation regarding management, teaching, and learning.
(c) Each laboratory school shall expand student opportunities for educational success through high‑quality instructional programming and innovative instruction and research by using the resources available to the constituent institution. Each constituent institution operating a laboratory school shall incorporate best practices gained from State initiatives focused on leadership development for both teachers and principals in low‑performing schools and local school administrative units.
(d) Except as otherwise
provided in this Article, athe Subcommittee, the chancellor of each constituent
institution that operates a laboratory school, and the laboratory school isare
exempt from statutes and rules applicable to a local board of education or
local school administrative unit.
"§ 116‑239.6. Definitions.
The following definitions apply in this Article:
(1) Advisory board. – An
advisory board established by the board of trusteesa chancellor under
G.S. 116‑239.8.
(2) Board of trustees. – The
board of trustees of a constituent institution that is the governing body of
the lab school established under this Article.institution.
(2a) Chancellor. – The chancellor of a constituent institution who operates a laboratory school approved by the Subcommittee on Laboratory Schools under G.S. 116‑239.7 or the chancellor's designee.
(3) Constituent institution.
– A constituent institution of The University of North Carolina with an
educator preparation program that has been designated by the Board of
Governors to establish a laboratory school under G.S. 116‑239.5.operated
in accordance with this Article.
(4) Laboratory school or
lab school. – A public school created under G.S. 116‑239.7 that
(i) except as otherwise provided in G.S. 116‑239.7(a2), is
located in a qualifying local school administrative unit that has twenty
five percent (25%) or more of the schools located in the unit identified as low‑performing
under G.S. 115C‑105.37 and (ii) serves students in at least three
consecutive grade levels in the range of kindergarten through eighth grade.
(4a) President. – The President of The University of North Carolina.
(5) Principal. – The
principal of a lablaboratory school.
(6) Subcommittee. – The Subcommittee on Laboratory Schools.
"§ 116‑239.7. Plan for the location labThe
Board of Governors' Subcommittee on Laboratory Schools; selection of laboratory
schools; creation of a lablaboratory school; dissolution.
(a) The Board of Governors' Subcommittee on Laboratory Schools. – The Board of Governors shall establish the Subcommittee on Laboratory Schools to oversee the establishment and operation of laboratory schools in accordance with this Article. The President of The University of North Carolina shall serve on the Subcommittee. Within the funds appropriated each fiscal year to the Board of Governors to be used to support the operations of the Board, the Board may establish a full‑time equivalent position to coordinate and support the work of the Subcommittee.
(a1) Plan for the LocationApproval of LabLaboratory
Schools. – The Board of Governors, in collaboration with the boards of
trustees of the constituent institutions,Governors, upon the
recommendation of the President, shall designate at least nine constituent
institutions to establish and operate laboratory schools. The chancellor of
each constituent institution shall adopt and submit to the Subcommittee a
planproposal for the location of the lab schoolsto
operate a laboratory school in a local school administrative unitsunit
that meetmeets the minimum threshold for the number of low‑performing
schools located in the unitsunit under G.S. 116‑239.6(4).
The planproposal shall include the governance structure of the
laboratory school. The Subcommittee shall evaluate the proposals for approval or
disapproval by considering the design components and the strategic focus of the
laboratory school and any other standards developed by the Subcommittee to be
applicable to all laboratory schools. The Subcommittee shall also consider the
location of each laboratory school so that, to the extent possible, there is a
geographically diverse distribution of the lablaboratory schools
throughout the State and a maximum of one lablaboratory school
located in a qualifying local school administrative unit. The Board of
Governors shall update the plan as necessary to reflect any changes to the
status of a constituent institution operating a lab school and the status of
qualifying local school administrative units at the end of the term of
operation of a lab school. A constituent institution shall not adopt a
resolution to create a lab school under this section prior to receiving
approval from the Board of Governors on the location of the lab school. At
least 90 days prior to implementation, the Board of Governors shall submit the
plan and any revisions to the plan to the Joint Legislative Commission on
Governmental Operations. From the proposals submitted to the
Subcommittee, the Subcommittee shall approve the establishment of at least nine
laboratory schools.
(a2) Waiver for Certain Local School Administrative Units. – Notwithstanding subsection (a1) of this section, a chancellor may submit a proposal to the Subcommittee to locate a laboratory school in a local school administrative unit that does not meet the minimum threshold for the number of low‑performing schools located in the unit under G.S. 116‑239.6(4) if the proposal demonstrates that the laboratory school shall primarily serve students who did not meet expected growth in the prior school year in accordance with G.S. 116‑239.9(c1). The Subcommittee may waive the requirement for the number of low‑performing schools in a local school administrative unit for the location of a laboratory school, for up to a total of three laboratory schools established under this Article, only if both of the following conditions are met for the laboratory school:
(1) The proposal has been submitted jointly by the chancellor and the local school administrative unit in which the laboratory school will be located.
(2) The Subcommittee determines that the proposed location would satisfy the purposes set forth in G.S. 116‑239.5.
(b) Resolution by the Subcommittee
to CreateApprove a LabLaboratory School. – The board
of trustees of a constituent institutionSubcommittee shall adopt a
resolution stating its intent to create a labupon the approval of
each laboratory school, which shall include the following:
(1) Name of the lablaboratory
school.
(2) The local school
administrative unit in which the lablaboratory school shall be
located. The local school administrative unit in which the lab school is
located shall meet the requirement under G.S. 116‑239.6(4) that
twenty‑five percent (25%) or more of the schools located in the unit are
identified as low‑performing under G.S. 115C‑105.37 at the
time the resolution is adopted. However, the board of trustees shall continue
to operate the lab school within the local school administrative unit for at
least five years as provided under subdivision (3) of this subsection
regardless of whether the local school administrative unit continues to qualify
under G.S. 116‑239.6(4).
(3) A term of operation for
the lablaboratory school of five years from the date of initial
operation. At the end of five years of operation, if the lablaboratory
school is still located in a local school administrative unit that has twenty‑five
percent (25%) or more of the schools located in the unit identified as low‑performing
under G.S. 115C‑105.37, or if the Subcommittee renews a waiver of
this requirement under subsection (a2) of this section, the resolution may
be renewed by the constituent institutionSubcommittee at the end
of the term for an additional five years. If the lablaboratory
school is no longer (i) located in a qualifying local school
administrative unit or (ii) meeting the purposes of this Article under a
waiver at the end of five years, the board of trusteesSubcommittee
shall notify the Board of Governors of the end of the term of operation and to
request consultation on determining the location of creating a new lab
school in accordance with subsection (a) of this section and designation
of additional constituent institutions with educator preparation programs to
establish a laboratory school in accordance with the provisions of this
Article.
(c) Recognition of a LabLaboratory
School. – Each board of trustees that adopts a resolution as provided in
this sectionThe Subcommittee shall file a copy of theeach
resolution to approve a laboratory school with the State Board of
Education.Department of Public Instruction. Upon receipt of a
resolution from a board of trustees for a named lab school,the Subcommittee
and upon the recommendation of the Superintendent of Public Instruction,
the State Board of Education shall approve the creation of the lablaboratory
school.
(d) Dissolution or Assumption
of a LabLaboratory School. – In the event of the potential
dissolution of a lablaboratory school at the end of the term of
the school's operation or due to the termination of an educator preparation
program at the constituent institution, subject to approval by the Board of
Governors, the board of trusteesthe chancellor shall adoptpropose
a plan in conjunction with the local school administrative unit in which the
laboratory school is located for the dissolution or the assumption of the lablaboratory
school by a new entity.entity and shall submit the plan to the
Subcommittee for prior approval. A local board of education of the local
school administrative unit in which the lab school is located may transition
the lab school to a public school under the governance of the local board or,
if the local school administrative unit still qualifies under G.S. 116‑239.6(4),
the board of trustees of another constituent institution with an educator
preparation program may assume operation of the lab school. If the lab school
is dissolved or a local board of education assumes operation of the school, all
net assets of the lab school purchased with public funds shall be deemed
property of the local school administrative unit in which the lab school is
located. The State Board of EducationBoard of Governors and the
Department of Public Instruction shall be notified in the event of the
dissolution or assumption of a lablaboratory school, including
the identity of the entity assuming operation of the school.
"§ 116‑239.8. Board of trustees;Chancellor;
powers and duties.
(a) The chancellor of a constituent institution designated by the Board of Governors to establish a laboratory school shall submit a proposal in accordance with G.S. 116‑239.7 that is consistent with any requirements established by the Subcommittee on Laboratory Schools in accordance with this Article.
(b) The chancellor shall be the administrative head
of a laboratory school approved by the Subcommittee and shall provide general
direction for the establishment and operation of a laboratory school. The
chancellor, with advice and input from the advisory board established in
subdivision (1) of this subsection, shall adopt policies, operating procedures,
and the courses of study to govern the operation of the laboratory school. The
chancellor may designate the duties required by this Article to other personnel
as necessary. The board of trusteeschancellor shall also have
the following powers and duties:
(1) Advisory board. – A
board of trusteesThe chancellor shall appointestablish
an advisory board to provide general oversightadvice and guidance
to the board of trustees of the lab schoolchancellor as follows:
a. Composition of the advisory board. – The advisory board shall consist of up to 10 members who shall be appointed by the chancellor or serve ex officio as follows:
1. The dean of the constituent institution's educator
preparation program shall be a standing member of the advisory board and the
board of trustees, upon recommendation of the president of the constituent
institution,program.
2. A member of the board of trustees of the
constituent institution.shall appoint four
3. Two faculty members from the institution,
at least two of whom are from the educator preparation program, one public
member who resides in the local school administrative unit in which the lab
school is located, two parents or guardians of students who attend the lab
school, and one lab school student appointed by the principal to serve on the
advisory board.institution. At least one of the faculty members shall be
faculty from the constituent institution's educator preparation program.
4. The superintendent of the local school administrative unit in which the laboratory school is located.
5. A member of the community who resides in the local school administrative unit in which the laboratory school is located.
6. Up to four other members that the chancellor deems necessary.
a1. Terms of members. – The term of each member
shall be for twofour years, and any vacancy shall be filled with
a person of the same classification as his or her predecessor for the balance
of the unexpired term. No advisory board member shall serve more than two
complete consecutive terms. The board of trusteeschancellor
shall stagger the terms of the initial appointees in a manner that results in
the expiration of terms of no more than twothree members in any
year.
a2. Organization; meetings; expenses. – The board
of trusteeschancellor shall call the organizational meeting of the
advisory board. The advisory board shall meet at least quarterly. The
advisory board shall annually elect a chair and a vice‑chair. There shall
be no limitation on successive appointments to the advisory board or successive
terms that may be served by a chair or vice‑chair. The advisory board
shall adopt internal organizational procedures or bylaws necessary for
efficient operation. Advisory board members shall not receive per diem or
travel expenses for the performance of their duties.
b. Duties. – The
advisory board shall meet at least quarterly and shall have the
following duties:
1. Monitor the operations of
the lablaboratory school and the distribution of moneys allocated
for such operations.
2. Recommend to the board
of trusteeschancellor necessary policy, program, and administration
modifications.
3. Evaluate biennially the
performance of the principal and recommend corresponding action to the board
of trustees.chancellor.
4. Annually review
evaluations of the lablaboratory school's operation and research
findings.
(2) Academic program. ‑Laboratory
school course of study. –
a. The board of trusteeschancellor
shall establish the standard course of study for the lablaboratory
school. This course of study shall set forth the subjects to be taught in each
grade and the texts and other educational materials on each subject to be used
in each grade. The board of trusteeschancellor shall design its
programs to meet at least the student performance standards adopted by the
State Board of Education and the student performance standards contained in
Chapter 115C of the General Statutes.
b. The board of trusteeschancellor
shall conduct student assessments required by the State Board of Education.
c. The board of trusteeschancellor
shall adopt a school calendar consisting of a minimum of 185 days or 1,025
hours of instruction covering at least nine calendar months.
(3) Standards of performance
and conduct. – The board of trusteeschancellor shall establish
policies and standards for academic performance, attendance, and conduct for
students of the lablaboratory school. The policies of the board
of trusteeschancellor shall comply with Article 27 of Chapter 115C
of the General Statutes.
(4) Food and transportation
services. – The local school administrative unit in which the lablaboratory
school is located shall continue to provide food services and transportation to
students attending the lablaboratory school. The board of
trusteeschancellor shall arrange for the provision of these services
from the local school administrative unit.
(5) School attendance. –
Every parent, guardian, or other person in this State having charge or control
of a child who is enrolled in the lablaboratory school and who is
less than 16 years of age shall cause such child to attend school continuously
for a period equal to the time that the lablaboratory school
shall be in session. No person shall encourage, entice, or counsel any child to
be unlawfully absent from the lablaboratory school. Any person
who aids or abets a student's unlawful absence from the lablaboratory
school shall, upon conviction, be guilty of a Class 1 misdemeanor. The
principal shall be responsible for implementing such additional policies
concerning compulsory attendance as shall be adopted by the board of
trustees,chancellor, including regulations concerning lawful and
unlawful absences, permissible excuses for temporary absences, maintenance of
attendance records, and attendance counseling.
(6) Reporting. – The board
of trusteeschancellor shall comply with the reporting requirements
established by the State Board of Education in the Uniform Education Reporting
System.
(7) Assessment results. – The
board of trusteeschancellor shall provide data to the local
school administrative unit on the performance of that studentstudents
on any testing required by the State Board of Education.
(8) Education of children
with disabilities. – The board of trusteeschancellor shall
require compliance with laws and policies relating to the education of children
with disabilities.
(9) Health and safety. – The board
of trusteeschancellor shall require that the lablaboratory
school meet the same health and safety standards required of a local school
administrative unit. The Department of Public Instruction shall ensure that lablaboratory
schools comply with G.S. 115C‑375.2A. The board of trustees of a
lab schoolchancellor shall provide the laboratory school with
a supply of emergency epinephrine auto‑injectors necessary to carry out
the provisions of G.S. 115C‑375.2A.
(10) School Risk Management
Plan. – Each lablaboratory school, in coordination with local law
enforcement agencies, is encouraged to adopt a School Risk Management Plan
(SRMP) relating to incidents of school violence. In constructing and
maintaining these plans, a lablaboratory school may utilize the
School Risk and Response Management System (SRRMS) established pursuant to
G.S. 115C‑105.49A. These plans are not considered a public record as
the term "public record" is defined under G.S. 132‑1 and
shall not be subject to inspection and examination under G.S. 132‑6.
(11) Schematic diagrams and
school crisis kits. – LabLaboratory schools are encouraged to
provide schematic diagrams and keys to the main entrance of school facilities
to local law enforcement agencies, in addition to implementing the provisions
in G.S. 115C‑105.52.
(12) School safety exercises. –
At least once a year, a lablaboratory school is encouraged to
hold a full schoolwide lockdown exercise with local law enforcement and
emergency management agencies that are part of the lablaboratory
school's SRMP.
(13) Safety information
provided to the Department of Public Safety, Division of Emergency Management.
– A lablaboratory school is encouraged to provide the following:
(i) schematic diagrams, including digital schematic diagrams and (ii) emergency
response information requested by the Division for the SRMP. The schematic
diagrams and emergency response information are not considered public records
as the term "public record" is defined under G.S. 132‑1
and shall not be subject to inspection and examination under G.S. 132‑6.
(14) North Carolina school
report cards. – A lablaboratory school shall ensure that the
report card issued for it by the State Board of Education receives wide
distribution to the local press or is otherwise provided to the public. A lablaboratory
school shall ensure that the overall school performance score and grade earned
by the lablaboratory school for the current and previous four
school years is prominently displayed on the school Web site. If a lablaboratory
school is awarded a grade of D or F, the lablaboratory school
shall provide notice of the grade in writing to the parent or guardian of all
students enrolled in that school.
(15) Policy against bullying. –
A lablaboratory school is encouraged to adopt a policy against
bullying or harassing behavior, including cyberbullying, that is consistent
with the provisions of Article 29C of Chapter 115C of the General Statutes. If
a lablaboratory school adopts a policy to prohibit bullying and
harassing behavior, the lablaboratory school shall, at the
beginning of each school year, provide the policy to staff, students, and
parents as defined in G.S. 115C‑390.1(b)(8).
(16) Access for youth groups. –
LabLaboratory schools are encouraged to facilitate access for
students to participate in activities provided by any youth group listed in
Title 36 of the United States Code as a patriotic society, such as the Boy
Scouts of America, and its affiliated North Carolina groups and councils, and the
Girl Scouts of the United States of America, and its affiliated North Carolina
groups and councils. Student participation in any activities offered by these
organizations shall not interfere with instructional time during the school day
for the purposes of encouraging civic education.
"§ 116‑239.9. Student admissions and assignment.
(a) Any child who is
residing in a local school administrative unit in which a lablaboratory
school is located and (i) is enrolled in a low‑performing school,
as defined by G.S. 115C‑105.37 at the time of the student's
application, or (ii) did not meet expected growth in the prior school year
based on one or more indicators listed in subsection (c1) of this section is
eligible tomay attend the lablaboratory school.
(b) No local board of
education shall require any student enrolled in the local school administrative
unit to attend a lablaboratory school.
(c) During each period of
enrollment, the lablaboratory school shall enroll an eligible
student under subsection (a) of this section who submits a timely
application, with priority enrollment given in the order in which
applications are received toup to the capacity of a program, class,
grade level, or building, in the order in which applications are received. Once
enrolled, students are not required to reapply in subsequent enrollment
periods.
(c1) For the purposes of this Article, any of the
following shall serve as indicators that a student who did not meet
expected student growth in the prior school year based on any of the
following:year: (i) grades, (ii) observations, (iii) diagnostic and
formative assessments, (iv) State assessments, or (v) other factors, including
reading on grade level. If the number of applications from other eligible
students exceeds the capacity of a program, class, grade level, or building,
those students shall be accepted by lot. Once enrolled, students are not
required to reapply in subsequent enrollment periods.
(d) Notwithstanding any law
to the contrary, a lablaboratory school may refuse admission to
any student who has been expelled or suspended from a public school under
G.S. 115C‑390.5 through G.S. 115C‑390.11 until the period
of suspension or expulsion has expired.
"§ 116‑239.10. Employees.
The board of trusteeschancellor
shall appoint all licensed and nonlicensed staff in accordance with the
following:
(1) Principal. – The
constituent institution shall employ and contract with a principal for a term
not to exceed three years. The principal shall meet the requirements for licensure
set out in G.S. 115C‑284, unless waivedwaived, upon the recommendation
of the Superintendent of Public Instruction, by the State Board of
Education upon submission of a request by the board of trustees.chancellor
that is approved by the Subcommittee. The principal shall be responsible
for school operations and shall exercise those duties and powers delegated by
the board of trustees.chancellor.
(2) Faculty members. –
Faculty members may serve simultaneously as instructional personnel for the lablaboratory
school and thea constituent institution.
(3) Teachers. – The
constituent institution shall employ and contract with necessary teachers to
perform the particular service for which they are employed in the school. At
least fifty percent (50%) of teachers employed by the constituent institution
shall hold teacher licenses, unless waivedwaived, upon the recommendation
of the Superintendent of Public Instruction, by the State Board of
Education upon submission of a request by the board of trustees.chancellor
that is approved by the Subcommittee.
(4) Leave of absence from
local school administrative unit. – If a teacher employed by a local school
administrative unit makes a written request for a leave of absence to teach at
the lablaboratory school, the local school administrative unit
shall grant the leave for one year. For the initial year of the lablaboratory
school's operation, the local school administrative unit may require that the
request for a leave of absence be made up to 45 days before the teacher would
otherwise have to report for duty. After the initial year of the lablaboratory
school's operation, the local school administrative unit may require that the
request for a leave of absence be made up to 90 days before the teacher would
otherwise have to report for duty. A local board of education is not required
to grant a request for a leave of absence or a request to extend or renew a
leave of absence for a teacher who previously has received a leave of absence
from that local board under this subdivision. A teacher who has career status
under G.S. 115C‑325 prior to receiving a leave of absence to teach
at the lablaboratory school may return to a public school in the
local school administrative unit with career status at the end of the leave of
absence or upon the end of employment at the lablaboratory school
if an appropriate position is available. If an appropriate position is
unavailable, the teacher's name shall be placed on a list of available teachers
in accordance with G.S. 115C‑325(e)(2).
(5) Nonlicensed employees. – The constituent institution also may employ necessary employees who are not required to hold teacher licenses to perform duties other than teaching and may contract for other services.
(6) Employment dismissal. –
An employee of the constituent institution is not an employee of the local
school administrative unit in which the lablaboratory school is
located. The constituent institution may discharge licensed and nonlicensed
employees according to the terms of the employment contract.
(7) Employee benefits. – Employees of the constituent institution who work in laboratory schools shall be considered State employees and shall participate in the Teachers' and State Employees' Retirement System and the State Health Plan on the same terms as other State employees employed by the constituent institution.
(8) Exemptions. – Employees of the constituent institution shall be exempt from Chapter 126 of the General Statutes, except Articles 6 and 7.
"§ 116‑239.11. State and local funds.
(a) The State Board of
Education shall allocate to a lablaboratory school the following:
(1) An amount equal to the
average per pupil allocation for average daily membership from the local school
administrative unit allotments in which the school is located for each child
attending the lablaboratory school, except for the allocation for
children with disabilities, for the allocation for children with limited
English proficiency, and for the allocation for transportation services.
(2) An additional amount for
each child attending the lablaboratory school who is a child with
disabilities. In the event a child with disabilities leaves the lablaboratory
school and enrolls in a public school during the first 60 school days in the
school year, the lablaboratory school shall return a pro rata
amount of funds allocated for that child to the State Board, and the State
Board shall reallocate those funds to the local school administrative unit in
which the public school is located. In the event a child with disabilities
enrolls in the lablaboratory school during the first 60 school
days in the school year, the State Board shall allocate to the lablaboratory
school the pro rata amount of additional funds for children with disabilities.
(3) An additional amount for
children with limited English proficiency attending the lablaboratory
school, based on a formula adopted by the State Board.
(b) The State Board shall
allow for annual adjustments to the amount allocated to the lablaboratory
school based on its enrollment growth in school years subsequent to the initial
year of operation.
(c) Funds allocated by the
State Board of Education may be used to enter into operational and financing
leases for real property or mobile classroom units for use as school facilities
for lablaboratory schools and may be used for payments on loans
made to lablaboratory schools for facilities, equipment, or
operations. However, State funds allocated under this section shall not be used
to obtain any other interest in real property or mobile classroom units.
(d) If a student attends a lablaboratory
school, the local school administrative unit in which the child resides shall
transfer to the lablaboratory school an amount equal to the per
pupil share of the local current expense fund of the local school
administrative unit for the fiscal year. The per pupil share of the local
current expense fund shall be transferred to the lablaboratory
school within 30 days of the receipt of monies into the local current expense
fund. The local school administrative unit and lablaboratory
school may use the process for mediation of differences provided in
G.S. 115C‑218.95(d) to resolve differences on calculation and
transference of the per pupil share of the local current expense fund. The
amount transferred under this subsection that consists of revenue derived from
supplemental taxes shall be transferred only to a lablaboratory
school located in the tax district for which these taxes are levied and in
which the student resides.
(e) The local school
administrative unit shall also provide each lablaboratory school
to which it transfers a per pupil share of its local current expense fund with
all of the following information within the 30‑day time period provided
in subsection (d) of this section:
(1) The total amount of monies the local school administrative unit has in each of the funds listed in G.S. 115C‑426(c).
(2) The student membership numbers used to calculate the per pupil share of the local current expense fund.
(3) How the per pupil share of the local current expense fund was calculated.
(4) Any additional records
requested by a lablaboratory school from the local school
administrative unit in order for the lablaboratory school to
audit and verify the calculation and transfer of the per pupil share of the
local current expense fund.
(f) Prior to commencing an action under subsection (d) of this section, the complaining party shall give the other party 15 days' written notice of the alleged violation. The court shall award the prevailing party reasonable attorneys' fees and costs incurred in an action under subsection (d) of this section. The court shall order any delinquent funds, costs, fees, and interest to be paid in equal monthly installments and shall establish a time for payment in full that shall be no later than one year from the entry of any judgment.
"§ 116‑239.12. Criminal history record checks.
(a) As used in this section:
(1) "Criminal history" means a county, state, or federal criminal history of conviction of a crime, whether a misdemeanor or a felony, that indicates an individual (i) poses a threat to the physical safety of students or personnel or (ii) has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as school personnel. These crimes include the following North Carolina crimes contained in any of the following Articles of Chapter 14 of the General Statutes: Article 5A, Endangering Executive and Legislative, and Court Officers; Article 6, Homicide; Article 7B, Rape and Other Sex Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material; Article 14, Burglary and Other Housebreakings; Article 15, Arson and Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19, False Pretense and Cheats; Article 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means; Article 20, Frauds; Article 21, Forgery; Article 26, Offenses Against Public Morality and Decency; Article 26A, Adult Establishments; Article 27, Prostitution; Article 28, Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Against the Public Peace; Article 36A, Riots and Civil Disorders; Article 39, Protection of Minors; and Article 60, Computer‑Related Crime. These crimes also include possession or sale of drugs in violation of the North Carolina Controlled Substances Act, Article 5 of Chapter 90 of the General Statutes, and alcohol‑related offenses such as sale to underage persons in violation of G.S. 18B‑302 or driving while impaired in violation of G.S. 20‑138.1 through G.S. 20‑138.5. In addition to the North Carolina crimes listed in this subdivision, such crimes also include similar crimes under federal law or under the laws of other states.
(2) "School personnel" means any of the following:
a. Member of the board of
trustees or the advisory board.
b. EmployeeStaff
of the lablaboratory school.
c. Independent contractor or
employee of an independent contractor of the lablaboratory school
if the independent contractor carries out duties customarily performed by
school personnel, whether paid with federal, State, local, or other funds, who
has significant access to students or who has responsibility for the fiscal
management of the lablaboratory school.
(b) The board of trusteeschancellor
shall adopt a policypolicy, with advice and input from the advisory
board, that requires an applicant for a school personnel position to be
checked for a criminal history as provided in subsection (c) of this section.
The board of trusteeschancellor shall apply itsthe
policy uniformly in requiring applicants for school personnel positions to be
checked for a criminal history. The board of trusteeschancellor
may grant conditional approval of an application while the board of trusteeschancellor
is checking a person's criminal history and making a decision based on the
results of the check. An applicant for a school personnel position shall not be
required to be checked for a criminal history if he or she has received a
license within six months of employment that required a criminal history check
equivalent to the criminal history check required in subsection (c) of this
section.
The board of trusteeschancellor
shall not require an applicant to pay for the criminal history record check
authorized under this section.
(c) The board of trusteeschancellor
shall require the person to be checked by the Department of Public Safety (i)
to be fingerprinted and to provide any additional information required by the
Department of Public Safety to a person designated by the board of trusteeschancellor
or to the local sheriff or the municipal police, whichever is more convenient
for the person and (ii) to sign a form consenting to the check of the criminal
record and to the use of fingerprints and other identifying information
required by the repositories. The board of trusteeschancellor
shall consider refusal to consent when making employment decisions and
decisions with regard to independent contractors. The fingerprints of the
individual shall be forwarded to the State Bureau of Investigation for a search
of the State criminal history record file, and the State Bureau of
Investigation shall forward a set of fingerprints to the Federal Bureau of
Investigation for a national criminal history record check. The Department of
Public Safety shall provide to the board of trusteeschancellor
the criminal history from the State and National Repositories of Criminal
Histories of any school personnel for which the board of trusteeschancellor
requires a criminal history record check.
The board of trusteeschancellor
shall not require school personnel to pay for fingerprints authorized under
this section.
(d) The board of trusteeschancellor
shall review the criminal history it receives on an individual. The board of
trusteeschancellor shall determine whether the results of the review
indicate that the individual (i) poses a threat to the physical safety of
students or personnel or (ii) has demonstrated that he or she does not have the
integrity or honesty to fulfill his or her duties as school personnel and shall
use the information when making employment decisions and decisions with regard
to independent contractors. The board of trusteeschancellor shall
make written findings with regard to how it used the information when making
employment decisions and decisions with regard to independent contractors. The board
of trusteeschancellor may delegate any of the duties in this
subsection to the principal.
(e) The board of trustees,
or the principal if designated by the board of trustees, chancellor shall
provide to the State Board of Education the criminal history it receives on a
person who is certificated, certified, or licensed by the State Board of Education.
The State Board of Education shall review the criminal history and determine
whether the person's certificate or license should be revoked in accordance
with State laws and rules regarding revocation.
(f) All the information
received by the board of trusteeschancellor through the checking
of the criminal history or by the State Board of Education in accordance with
this section is privileged information and is not a public record but is for
the exclusive use of the board of trusteeschancellor or the State
Board of Education. The board of trusteeschancellor or the State
Board of Education may destroy the information after it is used for the
purposes authorized by this section after one calendar year.
(g) There shall be no
liability for negligence on the part of the board of trustees, or its
employees,chancellor, the constituent institution, the advisory board,
the Subcommittee, the Department of Public Instruction, or the State Board
of Education, or itstheir employees, arising from any act taken
or omission by any of them in carrying out the provisions of this section. The
immunity established by this subsection shall not extend to gross negligence,
wanton conduct, or intentional wrongdoing that would otherwise be actionable.
The immunity established by this subsection shall be deemed to have been waived
to the extent of indemnification by insurance, indemnification under Articles
31A and 31B of Chapter 143 of the General Statutes, and to the extent sovereign
immunity is waived under the Tort Claims Act, as set forth in Article 31 of
Chapter 143 of the General Statutes.
(h) Any applicant for employment who willfully furnishes, supplies, or otherwise gives false information on an employment application that is the basis for a criminal history record check under this section shall be guilty of a Class A1 misdemeanor.
"§ 116‑239.13. Review of lablaboratory
schools.
The Board of Governors of The
University of North Carolina, in conjunction with the constituent institutions
operating lab schools and the State Board of Education,Subcommittee on
Laboratory Schools shall review and evaluate the educational effectiveness
of the lablaboratory schools authorized under this Article for
both public school students and students enrolled in educator preparation programs.programs
according to standards and protocols established by the Subcommittee. The Board
of GovernorsSubcommittee shall report by November 15 of each year to
the Joint Legislative Education Oversight Committee on the following:
(1) Information on public
school student enrollment in each lablaboratory school, including
student demographics.
(2) The public school student
admissions process and the number of students enrolled under the priority
admissionsunder the category of (i) students who were previously enrolled
in a low‑performing school and (ii) students who did not meet expected student
growth in the school year prior to enrollment at each lablaboratory
school.
(3) Public school student
achievement data, including school performance grades and student achievement
scores and student growth, at each lablaboratory school.
(4) Public school student
academic progress in each lablaboratory school as measured
against the previous school year and against other schools located in the local
school administrative unit and statewide.
(5) Information on the
student outcomes for students who are enrolled in each educator preparation
program who obtained clinical experience in school leadership and teaching in
the lablaboratory schools, including the performance elements
reported under G.S. 115C‑296.13(b).
(6) Best practices resulting
from lablaboratory school operations.
(7) Other information the BoardSubcommittee
considers appropriate."
SECTION 2. G.S. 14‑458.2(a) reads as rewritten:
"(a) The following definitions apply in this section:
(1) School employee. – The term means any of the following:
a. An employee of a local
board of education, a charter school authorized under G.S. 115C‑218.5,
a regional school created under G.S. 115C‑238.62, a lablaboratory
school created under G.S. 116‑239.7, or a nonpublic school which has
filed intent to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of
the General Statutes.
b. An independent contractor
or an employee of an independent contractor of a local board of education, a
charter school authorized under G.S. 115C‑218.5, a regional school
created under G.S. 115C‑238.62, a lablaboratory school
created under G.S. 116‑239.7, or a nonpublic school which has filed
intent to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of the
General Statutes, if the independent contractor carries out duties customarily
performed by employees of the school.
(2) Student. – A person who
has been assigned to a school by a local board of education as provided in G.S. 115C‑366
or has enrolled in a charter school authorized under G.S. 115C‑218.5,
a regional school created under G.S. 115C‑238.62, a lablaboratory
school created under G.S. 116‑239.7, or a nonpublic school which has
filed intent to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of
the General Statutes, or a person who has been suspended or expelled from any
of those schools within the last year."
SECTION 3. G.S. 143B‑931 is amended by adding a new subsection to read:
"(b1) The Department of Public Safety may provide a criminal history record check to the chancellor operating a University of North Carolina laboratory school of a person who is employed at a laboratory school or of a person who has applied for employment at a laboratory school if the employee or applicant consents to the record check. The Department may also provide a criminal history record check of school personnel, as defined in G.S. 116‑239.12, by fingerprint card to the chancellor operating the laboratory school from the National Repositories of Criminal Histories, in accordance with G.S. 116‑239.12. The information shall be kept confidential by the chancellor operating the laboratory school as provided in G.S. 116‑239.12."
SECTION 4. Section 11.6 of S.L. 2016‑94 reads as rewritten:
"UNC TEACHER AND PRINCIPAL PREPARATION PROGRAM LABLABORATORY
SCHOOL FOR K‑8 STUDENTS
…
"SECTION 11.6.(d) Notwithstanding G.S. 116‑239.5,
four labat least nine laboratory schools shall be established
pursuant to Article 29A of Chapter 116 of the General Statutes, as enacted by
this section, to begin operation inand in operation by the beginning
of the 2017‑20182019‑2020 school year. Four
additional lab schools shall be established to begin operation in the 2018‑2019
school year.
"SECTION 11.6.(e) Notwithstanding
G.S. 116‑239.7(a), as enacted by this section, by November 1, 2016,
the Board of Governors of The University of North Carolina shall submit the
plan for the location of the eight lab schools, including identifying the
constituents institutions that will be operating the lab schools, to the Joint
Legislative Commission on Governmental Operations in accordance with
G.S. 116‑239.7(a).
Notwithstanding Article 29A of Chapter 116 of the General
Statutes, as enacted by this section, no earlier than April 1, 2017, a
constituent institution of The University of North Carolina with an educator
preparation program that has been designated by the Board of Governors to establish
a lab school shall adopt a resolution to create the lab school under
G.S. 116‑239.7 and in accordance with subsection (d) of this
section.
"SECTION 11.6.(f) The nonrecurring funds in the
amount of one million dollars ($1,000,000) appropriated by this act to the
Board of Governors for the UNC Teacher and Principal Preparation Laboratory
School Program for the 2016‑2017 fiscal year shall be allocated
to The University of North Carolina General Administrationused for the
work of the Board of Governors' Subcommittee on Laboratory Schools, including
to provide administrative and technical assistance to constituent institutions
with educator preparation programs to support the establishment of lablaboratory
schools in accordance with this section.
"SECTION 11.6.(g) By November 15, 2017, the Board
of GovernorsSubcommittee shall submit a report to the Joint
Legislative Education Oversight Committee on the progress of establishing the lablaboratory
schools, including information on student enrollment numbers and the admissions
processprocess, if applicable, and any other information the BoardSubcommittee
deems relevant. By November 15, 2018, the Board of GovernorsSubcommittee
shall submit the initial report required by G.S. 116‑239.13 to the
Joint Legislative Education Oversight Committee."
SECTION 5. This act is effective when it becomes law.
