GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-195
SENATE BILL 630
AN ACT to modify the statutes governing residential schools to make their accountability system and their school improvement plans like those of other public schools, and to make other technical or conforming changes to those statutes.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143B-146.1(b) reads as rewritten:
"(b) The following definitions apply in this Part:
(1) ABC's Program or Program. - The School-Based Management and Accountability Program developed by the State Board.
(2) Department. - The Department of Health and Human Services.
(3) Instructional
personnel. - Principals, assistant Assistant principals,
teachers, instructional personnel, instructional support personnel, and teacher
assistants employed in a residential school.
(4) Participating school. - A residential school that is required to participate in the ABC's Program.
(5) Residential school personnel. - The individuals included in G.S. 143B-146.16(a)(2).
(6) Schools. - The residential schools under the control of the Secretary.
(7) Secretary. - The Secretary of Health and Human Services.
(8) State Board. - The State Board of Education.
(9) Superintendent. - The
individual designated by the Secretary to administer a residential school.The
Superintendent of the Office of Education Services of the Department of Health
and Human Services."
SECTION 2. G.S. 143B-146.2(a) reads as rewritten:
"(a) The Governor Morehead
School and the schools for the deaf shall participate in the ABC's Program. The
Secretary, in consultation with the General Assembly and the State Board, may
designate other residential schools that must participate in the ABC's Program.
The primary goal of the ABC's Program is to improve student performance. The
Program is based upon an accountability, recognition, assistance, and intervention
process in order to hold each participating school, its superintendent, principal,
and the instructional personnel accountable for improved student
performance in that school."
SECTION 3. G.S. 143B-146.4 reads as rewritten:
"§ 143B-146.4. Performance recognition.
(a) The superintendent
and instructional personnel assigned to participating schools that achieve or
exceed a level of expected growth to be determined by the State Board are
eligible for financial awards in amounts set by the State Board. Participating
schools and personnel shall not be required to apply for these awards. The
personnel in participating schools that achieve a level of expected growth
greater than one hundred percent (100%) at a level to be determined by the
State Board of Education are eligible for financial awards in amounts set by
the State Board. Schools and personnel shall not be required to apply for these
awards. For the purpose of this section, "personnel" includes the
principal and the instructional personnel (i) serving students in one or more
of the grades kindergarten through 12 or (ii) assigned to a prekindergarten
program that is located within the participating school and is designed to
prepare students for kindergarten at that school.
(b) The State Board shall
establish a procedure to allocate the funds for these awards. Funds shall
become available for expenditure July 1 of each fiscal year. Funds shall remain
available until November 30 of the subsequent fiscal year for expenditure for:
for awards to personnel.
(1) Awards to
the personnel; or
(2) The purposes
authorized in a plan that has been:
a. Developed
and voted on by the superintendent and instructional personnel in the same
manner that a school improvement plan is approved under G.S. 143B-146.12;
b. Approved
by a majority of the personnel who vote on the plan; and
c. Submitted
to and approved by the Secretary.
The Secretary shall approve this plan unless the plan
involves expenditures of funds that are not for a public purpose or that are
otherwise unlawful.
The Secretary is encouraged to make these awards to each eligible person no later than the first regular teacher payroll following receipt of the funds, and shall make these awards to each eligible person no later than the second regular teacher payroll following the receipt of the funds."
SECTION 4. G.S. 143B-146.6(b) reads as rewritten:
"(b) When assigned to an identified low-performing school, an assistance team shall:
…
(2) Evaluate at least
semiannually the superintendent principal and instructional
personnel assigned to the school and make findings and recommendations
concerning their performance.
…"
SECTION 5. G.S. 143B-146.7(a) reads as rewritten:
"(a) Within 30 days of the
initial identification of a school as low-performing, whether by the Secretary
under G.S. 143B-146.5(b) or by the State Board under G.S. 143B-146.5(a),
the Secretary shall take one of the following actions concerning the school's superintendent:
principal: (i) decide whether the superintendent principal
should be retained in the same position, (ii) decide whether the superintendent
principal should be retained in the same position and a plan of
remediation should be developed, (iii) decide whether the superintendent principal
should be transferred, or (iv) proceed under the State Personnel Act to
dismiss or demote the superintendent. principal. The superintendent
principal may be retained in the same position without a plan for
remediation only if the superintendent principal was in that
position for no more than two years before the school is identified as low-performing.
The superintendent principal shall not be transferred to another
position unless (i) it is in a superintendent principal position
in which the superintendent principal previously demonstrated at
least two years of success, (ii) there is a plan to evaluate and provide
remediation to the superintendent principal for at least one year
following the transfer to assure the superintendent principal does
not impede student performance at the school to which the superintendent principal
is being transferred; and (iii) the parents of the students at the school
to which the superintendent principal is being transferred are
notified. The superintendent principal shall not be transferred
to another low-performing school. The Secretary may, at any time, proceed under
the State Personnel Act for the dismissal of any superintendent principal
who is assigned to a low-performing school to which an assistance team has
been assigned. The Secretary shall proceed under the State Personnel Act for
the dismissal of any superintendent principal when the Secretary
receives from the assistance team assigned to that school two consecutive
evaluations that include written findings and recommendations regarding the superintendent's
principal's inadequate performance. The Secretary shall order the
dismissal of the superintendent principal if the Secretary
determines from available information, including the findings of the assistance
team, that the low performance of the school is due to the superintendent's principal's
inadequate performance. The Secretary may order the dismissal of the superintendent
principal if (i) the Secretary determines that the school has not
made satisfactory improvement after the State Board assigned an assistance team
to that school; and (ii) the assistance team makes the recommendation to
dismiss the superintendent. principal. The Secretary may order
the dismissal of a superintendent principal before the assistance
team assigned to the superintendent's principal's school has
evaluated that superintendent principal if the Secretary
determines from other available information that the low performance of the
school is due to the superintendent's principal's inadequate
performance. The burden of proof is on the superintendent principal to
establish that the factors leading to the school's low performance were not due
to the superintendent's principal's inadequate performance. The
burden of proof is on the Secretary to establish that the school failed to make
satisfactory improvement after an assistance team was assigned to the school.
Two consecutive evaluations that include written findings and recommendations
regarding that person's inadequate performance from the assistance team are
substantial evidence of the inadequate performance of the superintendent. principal.
Within 15 days of the Secretary's decision concerning the superintendent,
principal, but no later than September 30, the Secretary shall
submit to the State Board a written notice of the action taken and the basis
for that action."
SECTION 6. G.S. 143B-146.8 reads as rewritten:
"§ 143B-146.8.
Evaluation of certificated personnel and superintendents; principals;
action plans; State Board notification.
(a) Annual Evaluations;
Low-Performing Schools. - The superintendent principal shall
evaluate at least once each year all certificated personnel assigned to a
participating school that has been identified as low-performing but has not
received an assistance team. The evaluation shall occur early enough during the
school year to provide adequate time for the development and implementation of
an action plan if one is recommended under subsection (b) of this section. If
the employee is a teacher as defined under G.S. 115C-325(a)(6), either the
principal or an assessment team assigned under G.S. 143B-146.9 shall
conduct the evaluation. If the employee is a school administrator as defined
under G.S. 115C-287.1(a)(3), the superintendent Superintendent shall
conduct the evaluation.
Notwithstanding this subsection or any other law, the principal shall observe at least three times annually, a teacher shall observe at least once annually, and the principal shall evaluate at least once annually, all teachers who have not attained career status. All other employees defined as teachers under G.S. 115C-325(a)(6) who are assigned to participating schools that are not designated as low-performing shall be evaluated annually unless the Secretary adopts rules that allow specified categories of teachers with career status to be evaluated more or less frequently. The Secretary also may adopt rules requiring the annual evaluation of noncertificated personnel. This section shall not be construed to limit the duties and authority of an assistance team assigned to a low-performing school.
The Secretary shall use the State Board's performance standards and criteria unless the Secretary develops an alternative evaluation that is properly validated and that includes standards and criteria similar to those adopted by the State Board. All other provisions of this section shall apply if an evaluation is used other than one adopted by the State Board.
(b) Action Plans. - If a
certificated employee in a participating school that has been identified as
low-performing receives an unsatisfactory or below standard rating on any
function of the evaluation that is related to the employee's instructional
duties, the individual or team that conducted the evaluation shall recommend to
the superintendent principal that: (i) the employee receive an
action plan designed to improve the employee's performance; or (ii) the superintendent
principal recommend to the Secretary that the employee be dismissed
or demoted. The superintendent principal shall determine whether
to develop an action plan or to recommend a dismissal proceeding. The person
who evaluated the employee or the employee's supervisor shall develop the
action plan unless an assistance team or assessment team conducted the
evaluation. If an assistance team or assessment team conducted the evaluation,
that team shall develop the action plan in collaboration with the employee's
supervisor. Action plans shall be designed to be completed within 90
instructional days or before the beginning of the next school year. The State
Board, in consultation with the Secretary, shall develop guidelines that
include strategies to assist in evaluating certificated personnel and
developing effective action plans within the time allotted under this section.
The Secretary may adopt policies for the development and implementation of
action plans or professional development plans for personnel who do not require
action plans under this section.
(c) Reevaluation. - Upon
completion of an action plan under subsection (b) of this section, the superintendent
principal or the assessment team shall evaluate the employee a
second time. If on the second evaluation the employee receives one
unsatisfactory or more than one below standard rating on any function that is
related to the employee's instructional duties, the superintendent principal
shall recommend that the employee be dismissed or demoted under
G.S. 115C-325. The results of the second evaluation shall constitute
substantial evidence of the employee's inadequate performance.
…
(f) Evaluation of
Superintendents. Principals. - Each year the Secretary or the Secretary's
designee Superintendent shall evaluate the superintendents.principals."
SECTION 7. G.S. 143B-146.9 reads as rewritten:
"§ 143B-146.9. Assessment teams.
The State Board shall develop guidelines for the Secretary to use to create assessment teams. The Secretary shall assign an assessment team to every low-performing school that has not received an assistance team. The Secretary shall ensure that assessment team members are trained in the proper administration of the employee evaluation used in the participating schools. If service on an assessment team is an additional duty for an employee of a local school administrative unit or an employee of a residential school, the Secretary may pay the employee for that additional work.
Assessment teams shall:
(1) Conduct evaluations of certificated personnel in low-performing schools;
(2) Provide technical
assistance and training to principals and superintendents who conduct
evaluations of certificated personnel;
(3) Develop action plans for certificated personnel; and
(4) Assist principals and
superintendents in the development and implementation of action
plans."
SECTION 8. G.S. 143B-146.10 reads as rewritten:
"§ 143B-146.10. Development of performance standards and criteria for certificated personnel.
The State Board, in consultation with the Secretary, shall
revise and develop uniform performance standards and criteria to be used in
evaluating certificated personnel, including school administrators. These
standards and criteria shall include improving student achievement, employee
skills, and employee knowledge. The standards and criteria for school
administrators also shall include building-level gains in student learning and
effectiveness in providing for school safety and enforcing student discipline.
The Secretary shall develop guidelines for evaluating superintendents. principals.
The guidelines shall include criteria for evaluating a superintendent'sprincipal's
effectiveness in providing safe schools and enforcing student discipline."
SECTION 9. G.S. 143B-146.12 reads as rewritten:
"§ 143B-146.12. Development and approval of school improvement plans.
(a) In order to improve
student performance, each participating school shall develop a school
improvement plan that takes into consideration the annual performance goal for
that school that is set by the State Board under G.S. 143B-146.3. The superintendent,principal
of each school, instructional personnel, and residential life personnel
assigned to that school, and a minimum of five parents of children enrolled in
the school shall constitute a school improvement team to develop a school
improvement plan to improve student performance.
(a1) Representatives of the instructional and residential life personnel shall be elected by their respective groups by secret ballot.
(b) Parents shall be
elected by parents of children enrolled in the school in an election conducted
by the parent and teacher organization of the school or, if none exists, by the
largest organization of parents formed for this purpose. To the extent
possible, parents serving on school improvement teams shall reflect the
composition of the students enrolled in that school. No more than two parents
may be employees of the school. Parental involvement is a critical component of
school success and positive student achievement; therefore, it is the intent of
the General Assembly that parents, along with teachers,instructional
and residential life personnel, have a substantial role in developing
school improvement plans. To this end, school improvement team meetings shall
be held at a convenient time to assure substantial parent participation.
Parents who are elected to serve on school improvement teams and who are not
employees of the school shall receive travel and subsistence expenses in
accordance with G.S. 138-5 and, if appropriate, may receive a stipend.
(c) The strategies for improving student performance shall include the following:
(1) A plan for the use of staff
development funds that may be made available to the school by the
Secretary to meet the goals for that school under the ABC's Program and to
implement the school improvement plan. The plan may provide that a portion
of these funds is used for mentor training and for release time and substitute
teachers while teachers are meeting with mentors;
(1a) A plan for preparing students to read at grade level by the time they enter second grade. The plan shall require kindergarten and first grade teachers to notify parents or guardians when a child is not reading at grade level and is at risk of not reading at grade level by the time the child enters second grade. The plan may include the use of assessments to monitor students' progress in learning to read, strategies for teachers and parents to implement that will help students improve and expand their reading ability, and provide for the recognition of teachers and strategies that appear to be effective at preparing students to read at grade level.
(2) A comprehensive plan to encourage parent involvement.
(3) A safe school plan designed to provide that the school is safe, secure, and orderly, that there is a climate of respect in the school, and that appropriate personal conduct is a priority for all students and all residential school personnel. This plan shall include components similar to those listed in G.S. 115C-105.47(b).
(4) A plan that specifies the effective instructional practices and methods to be used to improve the academic performance of students identified as at risk of academic failure or at risk of dropping out of school.
(d) Support among
affected staff members is essential to successful implementation of a school
improvement plan to address improved student performance at that school. The superintendent
principal of the school shall present the proposed school improvement
plan to all of the instructional personnel assigned to the school for their
review and vote. The vote shall be by secret ballot. The superintendent principal
shall submit the school improvement plan to the Superintendent for
presentation to the Secretary only if the proposed school improvement plan
has the approval of a majority of the instructional personnel who voted on the
plan.
(e) The Secretary shall
accept or reject the school improvement plan. The Secretary shall not make any
substantive changes in any school improvement plan that the Secretary accepts.
If the Secretary rejects a school improvement plan, the Secretary shall state
with specificity the reasons for rejecting the plan;plan to the
Superintendent to share with the principal; the school improvement team may
then prepare another plan, present it to the instructional personnel assigned
to the school for a vote, and submit it to the Superintendent for
presentation to the Secretary to accept or reject. Within 60 days after the
initial submission of the school improvement plan to the Secretary, the
Secretary shall accept the plan or shall designate a person todirect
that the Superintendent work with the school improvement team to resolve
the disagreements. If there is no resolution within 30 days, then the Secretary
may develop a school improvement plan for the school; however, the General
Assembly urges the Secretary to utilize the school's proposed school
improvement plan to the maximum extent possible when developing this plan.
(f) A school improvement plan shall remain in effect for no more than three years; however, the school improvement team may amend the plan as often as is necessary or appropriate. If, at any time, any part of a school improvement plan becomes unlawful or the Secretary finds that a school improvement plan is impeding student performance at a school, the Secretary may vacate the relevant portion of the plan and may direct the school to revise that portion. The procedures set out in this section shall apply to amendments and revisions to school improvement plans.
(g) Any funds the Secretary makes available to a school to meet the goals for that school under the ABC's Program and to implement the school improvement plan at that school shall be used in accordance with those goals and the school improvement plan.
(h) The Secretary, Superintendent,
in consultation with the State Board, shall develop a list of recommended
strategies that it determines to be effective which building level committees may
use to establish parent involvement programs designed to meet the specific
needs of their schools.
(i) Once developed,
the Secretary principal shall ensure the plan is available and
accessible to parents and the school community."
SECTION 10. G.S. 143B-146.15 reads as rewritten:
"§ 143B-146.15. Duty to report certain acts to law enforcement.
When the superintendent principal has personal
knowledge or actual notice from residential school personnel or other reliable source
that an act has occurred on school property involving assault resulting in
serious personal injury, sexual assault, sexual offense, rape, kidnapping,
indecent liberties with a minor, assault involving the use of a weapon,
possession of a firearm in violation of the law, possession of a weapon in
violation of the law, or possession of a controlled substance in violation of
the law, the superintendent principal shall immediately report
the act to the appropriate local law enforcement agency. Failure to report
under this section is a Class 3 misdemeanor. For purposes of this section,
"school property" shall include any building, bus, campus, grounds,
recreational area, or athletic field, in the charge of the superintendent principal
or while the student is under the supervision of school personnel. It is
the intent of the General Assembly that the superintendent principal notify
the Secretary or the Secretary's designee Superintendent of any
report made to law enforcement under this section."
SECTION 11. This act becomes effective July 1, 2005.
In the General Assembly read three times and ratified this the 7th day of July, 2005.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 12:53 p.m. this 15th day of July, 2005