Press Release from the Governor’s Office: Lottery Funds

State of North Carolina

Office of the Governor

20301 Mail Service Center • Raleigh, NC 27699-0301

August 28, 2009

Contact: David Kochman

Office: (919) 733-5612

Perdue Fully Restores School Lottery Funds

RALEIGH – Gov. Bev Perdue today announced she is fully restoring funds to the lottery capital fund for public schools.

“When the national recession created a shortfall of billions of dollars, I had to turn over every stone to pay North Carolina’s bills — to pay teachers, to keep schools and other core services running,” Perdue said. “With our bills paid and the books for last fiscal year cleared out, I’m restoring the school construction lottery funds in full, which means North Carolina’s public schools will receive another $37.6 million next week.”

In February, Perdue withheld $37.6 million during the 2008-09 fiscal year from the Public School Building Capital Fund to ensure the state had sufficient resources to manage cash flow and payroll obligations. That money is being restored using funds left over from the 2008-09 fiscal year.

See the attached document for a list of funds going to each county.

# # #


Total Lottery Distribution

Alamance County


Alexander County


Alleghany County


Anson County


Ashe County


Avery County


Beaufort County


Bertie County


Bladen County


Brunswick County


Buncombe County


Asheville City


Burke County


Cabarrus County


Kannapolis City


Kannapolis City


Caldwell County


Camden County


Carteret County


Caswell County


Catawba County


Hickory City


Newton-Conover City


Chatham County


Cherokee County


Chowan County


Clay County


Cleveland County


Columbus County


Whiteville City


Craven County


Cumberland County


Currituck County


Dare County


Davidson County


Lexington City


Thomasville City


Davie County


Duplin County


Durham Public


Edgecombe County


Forsyth County


Franklin County


Gaston County


Gates County


Graham County


Granville County


Greene County


Guilford County


Halifax County


Roanoke Rapids City


Weldon City


Harnett County


Haywood County


Henderson County


Hertford County


Hoke County


Hyde County


Iredell County


Mooresville City


Jackson County


Johnston County


Jones County


Lee County


Lenoir County


Lincoln County


Macon County


Madison County


Martin County


McDowell County


Mecklenburg County


Mitchell County


Montgomery County


Moore County


Nash-Rocky Mount


New Hanover County


Northampton County


Onslow County


Orange County


Chapel Hill-Carrboro


Pamlico County


Pasquotank County


Pender County


Perquimans County


Person County


Pitt County


Polk County


Randolph County


Asheboro City


Richmond County


Robeson County


Rockingham County




Rutherford County


Sampson County


Clinton City


Scotland County


Stanly County


Stokes County


Surry County


Elkin City


Mount Airy City


Swain County


Transylvania County


Tyrrell County


Union County


Vance County


Wake County


Warren County


Washington County


Watauga County


Wayne County


Wilkes County


Wilson County


Yadkin County


Yancey County





Preview of September State Board of Education Agenda:

September 2-3, 2009

The following State Board of Education Committees will meet on Wednesday, September 2: Business/Finance and Advocacy Committee (8:00 AM), Globally Competitive Students (10:00 AM), Healthy, Responsible Students Committee (10:00 AM), Leadership for Innovation Committee (1:45 PM), and the 21st Century Professionals Committee (1:45 PM). The State Board of Education will meet on Thursday, September 3.

Wednesday, September 2, 2009 (8:00AM)

Business/Finance and Advocacy Committee Meeting

Action and Discussion Agenda

Action on First Reading

  • TCS 1 Approval of Grants The recommendation is for the State Board of Education to approve the grants.

-21st Century Community Learning Centers The purpose of the program is to create community learning centers that provide academic enrichment opportunities for children. The Programs serve students who attend high-poverty, or low-performing schools, and who are academically at-risk and scoring at Levels I and Level II. There were 60 proposals received for the $7,134,842. Thirty proposals were recommended for funding for this amount. Recommended for approval, in Wake County, is the community-based organization ACE. They have requested $250,000 to fund programs at Rhema Academy, Walnut Terrace Community Center, Nehemiah Schools of Technology & Entrepreneurship, and Big Brothers and Sisters of the Triangle.

-NCLB Enhancing Education through Technology Continuation Grant Awards-IMPACT II, IMPACT III, AND IMPACT IV AWARDS The IMPACT Model School Grants are awarded to 31 schools (12 LEAs) in North Carolina to provide the necessary personnel, resources, access, professional development and student instruction to produce technologically literate students by the eighth grade and have a significant impact on the academic achievement of the school’s student population. The total amount of the grants awarded is: $13,123,434 ranging from $92,637 to $1,576,000. Wake County Schools did not receive any funding from this grant.

  • TCP 2 Requests for Waiver of the Repayment Obligation of the National Board Certification Participation Fee The State Board is asked to approve the recommendations of the appeals panel. An appeals panel considered the appeals of 20 teachers who did not complete or attempt the process. The Panel is recommending to the State Board of Education to deny all 20 requests for those who did not attempt or did not complete the National Board Certification Process. A list of the persons requesting a waiver is available upon request from this office. Closed Session Item.
  • TCP 3 Governor’s School Board of Governors The State Board of Education is recommended to approve the appointment of Reginald Mathis to a three-year tem as a representative for District 2. Mr. Mathis would be selected as a lay person on the Board of Governors.  The previous representative’s term expired on June 20, 2009. A copy of the current membership roster is available upon request from this office.

Contract Update

Contracts over $25,000 – 16 Proposals

Contracts under $25,000 – 2 Proposals

New Business

-Communications Update

-Budget Update-

Globally Competitive Students (10:00 AM)

Action and Discussion


  • GCS 1 High School Courses Taken in the Middle School: Considerations for English I State Board of Education members are requested to approve the expansion of the existing policy to include English I. DPI staff will share information with the Committee on expanding the current policy GCS-M-001 to allow middle school students to take and receive credit for high school English I.
  • GCS 2 K-12 Mathematics, English 10, Occupational Course of Study, and K-12 Information and Technology Essential Standards The SBE is recommended to approve the new Essential Standards for K-12 Mathematics, English 10, Occupational Course of Study, and K-12 Information Technology and deletion of policy GCS-F-006 The policy is not needed because the North Carolina Standard Course of Study for Computer and Technology Skills and the Information Skills courses have been merged. The State Board is also being asked to accept the technical changes to policies GCS-F-002 and GCS-F-004. The essential standards are the result of analysis of current research, national and international standards, as well as business and labor market standards. Essential Standards are presented by content area and grade level with clarifying objectives. A draft of these standards can be found at: Copies of the policies with technical changes are available upon request from this office.

Action on First Reading

  • GCS 3 Approval of Providers for Supplemental Educational Services for 2009-10 The State Board of Education is requested to approve the proposed list of 155 SES providers from the 166 applicants. District 3 (Wake) has 25 SES recommended providers. In addition, there are 20 providers from LEAs. A review team made up of NCDPI consultants reviewed the applications and agreed on the SES providers (that met all required components of the application) be recommended for approval.  A copy of the list of providers is available upon request from this office.


  • GCS 4 Supplemental Educational Services (SES) Evaluation Policy The SBE discussed the proposed policy in August. The reauthorization of ESEA requires the State Education Agency (SEA) to develop, implement, and publicly report on standards and techniques for monitoring the quality and effectiveness of services offered by approved supplemental educational services (SES) providers. The SEA must establish procedures for withdrawing approval from providers that fail, for two consecutive years, to contribute to increasing the academic proficiency of students served by the providers. A copy of the policy and evaluation rubric is available upon request from this office. New language has been added to this policy in connection with the evaluation process and the removal list of providers process. New Language as follows: Evaluation results will be weighted for each criterion with student achievement at 50 percent, attendance at 25 percent, and parental satisfaction at 25 percent.  A provider must achieve a minimum rating of 75 percent to continue with a status of Good Standing.  The failure of a provider to achieve a minimum of 75 percent will result in a provider status of Probationary. The removal process states: A provider that receives two consecutive determinations of probationary status shall be recommended to the State Board of Education for removal. An appeal from a removal decision shall be submitted to the Office of Administrative Hearings pursuant to Chapter 150B of the General Statutes.

This item is presented for discussion in September and for Action at the October SBE meeting.

  • GCS 5 Honors Course Policy Revisions The State Board of Education members are requested to review revisions of policy GCS-L-004 outlining standards and the formal review process for all courses eligible for honors weight. A copy of the policy is available upon request from this office. This item is presented for discussion in September and for Action at the October SBE meeting.
  • GCS 6 Healthy Youth Act Implementation State Board of Education members are requested to review the implementation plan for instructional support to LEAs in response to the passage of the Healthy Youth Act to ensure that local school districts, schools and health educators are appropriately prepared to deliver reproductive health and safety education as mandated through this Act by the General Assembly. An essential element of this plan is the creation of a group of key DPI and statewide partners/ stakeholders that will advise and work in partnership with the Healthy Schools Section at DPI, in preparation for the 2010-2011 school year when the new law is to be implemented. The objectives of the group are as follows: 1) Work with stakeholders to develop and implement a communication plan for the revised reproductive health and safety curriculum, 2) Provide technical assistance to LEAs on implementation of the revised curriculum, 3) Identify age-appropriate materials, scientifically –based and medically accurate for instruction, identify and support professional development for those teaching the revised curriculum, and 4) Identify local resources to promote parent/community support including material review and consent form processes.  In accordance with the legislation G.S. 115C-81 has been amended. A copy of the policy is available upon request from this office. This item is presented for discussion in September and for Action at the October SBE meeting.
  • GCS 7 Changes to Policy Delineating the Components of the ABCs Accountability Program for the 2009-10 School Year The Department recommends that the amendments to GCS-C-20 be approved. To comply with Senate Bill 202, the NCDPI requests that the Competency Tests in Reading and Mathematics, the End-of-Course Tests in Chemistry and Physics, and the Computer Skills Tests be removed from the testing and accountability program effective with the 2009-2010 school year. This will remove Chemistry, Physics, and Computer Skills from the ABCs performance composite calculations. In addition, NCDPI requests that the NCCLAS Alternate Assessments be removed from the testing and accountability program as requested by the USED. This will removed NCCLAS Alternate Assessments in Science Grades 5 and 8, Algebra II, Biology, Chemistry, Civics and Economics, Geometry, Physical Science, Physics, and U.S. History from ABCs performance composite calculations. NCCLAS Alternate Assessments in Reading Grades 3-8, Mathematics Grades 3-8, Algebra I, English I, Writing Grade 10 will be removed from ABCs performance composite calculations and AYP results. Reference to the High School Comprehensive Test of Mathematics is also removed. Included in this section is a letter dated, August 12, 2009 from USED. It outlines the deficiencies in the NC Standards and Assessment program with respect to the federal standards (ESEA). It specifically states that NCEXTEND1 and 2EOG as well as the other alternate assessment do not meet federal law. The NC Standards and Assessment system cannot be approved without further evidence. Unless NC can provide evidence of comparability of NCCLAS to general assessment NC cannot use NCCLAS in 2009-2010. There are additional requirements necessary for USED to give full approval and NC is requested to comply by September 28, 2009.  A copy of this policy and USED letter are available upon request from this office. This item is presented for discussion in September and for Action at the October SBE meeting.

Healthy, Responsible Students Committee

Action on First Reading

  • HRS 1 Schools At-Risk of Being Labeled Persistently Dangerous The State Board of Education is recommended to place Longview School (Wake County) and Metro School (Charlotte-Mecklenburg) on probationary status and that the Program Monitoring and Exceptional Children Division monitor the schools during the 2009-2010 school year. These schools were reported to have .5 or more violent criminal offenses per 100 students during each of the two most recent school years and are at-risk of being labeled “Persistently Dangerous”.

Leadership for Innovation Committee (1:45 PM)

New Business

– District and School Transformation Districts 2008-09 Performance

21st Century Professionals Committee (1:45)

Action and Discussion Agenda


  • TCP 1 Addition of Elementary (K-6) Content Area Concentrations as License Areas The Board is asked to approve the addition of the elementary (K-6) content area concentrations as license areas (English, Math, Science, and Social Studies) based on the completion of 18 semester hours of graduate coursework that will be offered by approved NC universities. This will become effective upon Board approval.
  • TCP 2 Proposed Qualifying Score for the Revised School Leaders Licensure Assessment School Leadership Series The recommendation is the SBE approve a qualifying scaled score of 163 for the revised SLLA School Leadership Series as the equivalent of the current score of 155. The revised SLLA test will be administered in September 2009. Upon the Board’s approval of the recommended score, and during the interim of implementation of revised IHE approved programs, policy will be developed to align licensure requirements for out-of-state and in-state School Executive applicants. This item will become effective upon Board approval.
  • TCP 3 Clarification of the Effective Date of the Adjusted Praxis II Score for Physical Education In May, the State Board adjusted the required passing score for the Physical Education Praxis II test from 158 to 152. An effective date of July 1, 2008, forward was established. The Board is requested to establish an effective date of May 6, 2009, with the clarification that applicants for a physical education license with a score of 152 or higher on the required Praxis II exam for Physical Education will be deemed to have satisfied the testing requirement regardless of when the test was taken.  The proposal will become effective upon Board approval.

Action on First Reading

  • TCP 4 Final Decision in Contested Cases: The State Board shall issue a Final Agency Decision in each of the contested cases. Closed Session Item.

-Courtney M. Sears vs. DPI The Board is requested to adopt the Final Decision presented by staff. Courtney M. Sears filed a petition for a contested case to challenge DPI’s denial of Petitioner’s request for Graduate Pay. The Administrative Law Judge granted Petitioner’s request.

-John David Erwin vs. NC-DPI The Board is requested to adopt the Final Decision presented by staff. John David Erwin filed a petition for a contested case to challenge DPI’s denial of credit for non-teaching work experience. The Administrative Law Judge upheld the agency’s action.

-Jennifer Satinsky vs. NC-SBE The Board is requested to adopt the Final Decision presented by staff. Jennifer Satinsky filed a petition for a contested case to challenge DPI’s denial of Petitioner’s request for a waiver to repay the NBPTS participation fee. The Administrative Law Judge upheld the agency’s action.

-Allen M. Coyle vs. NC-SBE The Board is requested to adopt the Final Decision presented by staff. Allen M Coyle filed a petition for a contested case to challenge DPI’s denial of Petitioner’s request for waiver to repay the NBPTS participation fee. The Administrative Law Judge upheld the agency’s action.

  • TCP 5 Recommendations for the Advisory Board on Requests for Exceptions from Teacher Licensing Requirements The recommendation is to approve the requests as presented. A panel chaired by a member of the State Board reviews the requests by individuals who have not met licensing requirements due to extenuating circumstances. They may request an exception from the requirement or an extension of time. Closed Session Item.


  • TCP 6 Proposed Standards for the Evaluation of School Psychologists New standards for the evaluation of school psychologists, aligned with the new teacher standards, have been developed and are presented for discussion. Upon SBE approval, work on the development and validation of a new instrument will begin. Staff is also recommending that the job description be used as professional standards support document. This item is presented for discussion in September and for Action in October.
  • TCP 7 Annual Report on the Reasons Teachers Leave (Teacher Turnover Report) The Teacher turnover report 2008-09 is presented for discussion. The 2008-09 State turnover average is 8.6 percent with 115 school systems reporting that 12,595 teachers of the 98,985 teachers employed left their systems for a system turnover rate of 12.72 percent. This represents a decrease in the turnover rate (13.85 percent) reported for the 2007-08 school year. The turnover percentage rate for Wake is 11.12 percent with a 10.48 percent five-year average. Of the 12,595 teachers report leaving, 4,478 had tenure. Of the 9,319 teachers in Wake County, 1,036 left the system, of which, 255 remained in Education, 377 left for reason beyond their control, and 149 left for reasons initiated by the LEA.  This item is presented for discussion in September and for Action in October.

New Business

  • Licensure Operational Update

3:30 Board Convenes in Open Session

Closed Session

Board Reconvenes in Open Session

4:30 Adjourn

Thursday, September 3, 2009 (8:30 AM)

State Board of Education Meeting, Dr. Bill Harrison, Chairman

Call to Order,

Pledge of Allegiance

Approval of Minutes

Special Recognition-New State Board of Education Advisors

-Dr. Jack Hoke, Alexander County, Superintendent Advisor

-Mr. Vann Pennell, Wachovia North Carolina Principal of the Year Advisory

Information Agenda

Leadership for Innovation

  • LFI 1 Data from Turnaround Schools The 2008-09 results for Turnaround Schools will be presented as information. Eighty-seven of the 103 schools (23 high schools from urban areas) served in Turnaround improved their performance composites when compared to the previous year’s scores, with 29 schools improving more than 10 points. Thirty schools achieved performance composites above 60 percent, which allows them to move into Self-Directed Turnaround Status. The remaining composite scores ranged from below 60 percent down to 27.9 percent (Northampton High-West). Thirty-seven schools were included in the middle schools transformation program and of those schools, four increased above 60 percent while the other 33 remained below. Of the other 33 schools (20 middle schools from urban areas) all but three showed an increase in the performance composite over 2007-2008 scores. Wake County did not have any high schools or middle schools included in the District and School Transformation program.
  • LFI 2 Plan for Statewide Assistance for Schools Since 2006 the Department has been responding to a directive from Judge Manning and the Governor’s Office to provide services to high schools with performance composites under 60. Staff from the District and School Transformation Division has been working with high schools in Turnaround Status. Dr. Pat Ashley will give an update on the progress of these high schools.

Board Meeting and Committee Chair Reports-Listed Above

Superintendent’s Report

Dr. June Atkinson

Chairman’s Remarks

Update on the Framework for Change

Halifax County Update

Legislative Update

Old Business

New Business

  • 11:15 AM Adjourn

Ratified House Legislative Bills Summary 2009 Session

HB 2 Prohibit Smoking in Public and Work Places (H. Holliman) An act to prohibit smoking in certain public places and certain places of employment. The bill expands the restrictions on smoking to restaurants and further allows local governments to implement stricter regulations. It also lays out the penalties for violation of this law. Effective January 2, 2010.

HB 9 No Texting While Driving (G. Pierce) To make it unlawful to use additional technology associated with a mobile phone to type in text messages while operating a vehicle on a public street or highway or public vehicular area. There are exceptions if the vehicle is parked or stopped and other miscellaneous uses are allowed. Violation of this law for school bus drivers is a Class 2 misdemeanor and not less than a $100 fine. All other violators are subject to $100 fine. Effective December 1, 2009.

HB 18 Speech Language Pathologist Qualifications (B. Faison) Amends the specific experience hours of the four hundred clock hours required for permanent licensure as a Speech and Language Pathologist to 20 hours. Corrects a statutory error in the number of hours required. Effective June 19, 2009.

HB 42 Science Safety in the Public Schools (R. Glazier) To implement science safety measures in the public schools. Requires LEAs prior to July 1, 2010 and annually thereafter to certify to the SBE that its middle school and high school science laboratories are equipped with appropriate personal protective equipment for students and teachers. Directs LEAs to ensure 1) all of its high schools and middle schools are in compliance with SBE policies related to science laboratory safety.  Amends Statute G.S. 115C-296(B) to direct SBE in consultation with LEAs and the Board of Governors of the University of North Carolina to evaluate and modify as necessary the academic requirements for students preparing to teach science in middle and high school to ensure that they receive adequate preparation regarding science laboratory safety. Amends G.S. 115C-521 prohibits LEAs from getting a certificate of occupancy until the plans for the science laboratory areas of the proposed buildings have been reviewed and approved by the SBE to meet accepted safety standards for school science laboratories and related preparation rooms and stockrooms. The review and approval may also be completed by an entity licensed or authorized by the SBE. Effective June 1, 2009.

HB 43 School Board Members/Failure to Discharge Duty (R. Glazier) Making it unlawful for a school board member to willfully fail to discharge the duties of the office. The bill adds school board members to existing law that other elected official are required to fulfill in G.S. 14-230 with respect to willfully neglecting or refusing to discharge any of the duties of the office. Effective December 1, 2009.

HB 65 Students Under 16 May Attend Community College (J. Tolson) To reenact the statute authorizing intellectually gifted students under the age of sixteen to attend community colleges. Effective March 1, 2009. The law had expired on September 1, 2008.

HB 79 Extend School Formula Study Committee (R. Glazier) Directing the Joint Legislative Study Committee on public school funding formulas to extend its review of public school funding formulas. Effective July 7, 2009.

HB 81 Notice of Special/Emergency Meetings (G. Cleveland) To amend the Notice of Special and Emergency Meetings under the Open Meetings Act. Adds language to allow public entities to e-mail notice for regular meetings to each newspaper, wire service radio station or television station that has filed written request for notice and any other public person who has filed written request for notice. It requires notice be posted on the principal bulletin board or at the door of the meeting room on the building accessible to the public for 48 hours before the time of the meeting. Emergency meetings notice shall be given by e-mail or telephone or by same methods as used to notify public. If the public entity has a website and posts regular meetings the public body shall post the schedule of regular meetings on the website. Defines emergency meeting as one called because of generally unexpected circumstance that require immediate consideration by the public body. Effective October 1, 2009.

HB 88 Healthy Youth Act (B. England) To provide reproductive health and safety education in grades seven through nine. Removes abstinence until marriage language in the law and allows instruction that was presently in the law. Requires materials to be age appropriate and shall be based on scientific research that is peer reviewed by professionals and other experts in sexual health education. Next it says every LEA shall include new instruction in the areas of 1) sexually transmitted diseases, 2) effectiveness of contraception methods, 3) awareness of sexual assault, abuse, and risk reduction. Each local board shall adopt a policy and provide a mechanism to allow a parent or a guardian to withdraw his or her child from instruction required in this new section of the law G.S.115C-81(e1). Removes abstinence until marriage language and replaces with reproductive health and safety education curriculum. Each local board is required to provide a comprehensive school health education program and may expand on the subject areas to be included in the program and on the instructional objectives to be met.  Deletes the requirement for a Local Board to hold public hearings, prior to implementing the comprehensive sexual education program. Makes changes to G.S. 115C-81(e1)(5) and 115C-81(e1)(7).  Effective June 30, 2009 and applies to the 2010-2011 school year.

HB 94 Clarify Definition of Retirement (B. Owens) Amends the definition of retirement to clarify that service as an unpaid volunteer in a local school administrative unit is not considered service for the purpose of that definition. Effective March 24, 2009.

HB 96 Local Government Surplus Property Donations (B. Faison) An Act to authorize cities, counties and local boards of education to donate surplus, obsolete or unused personal property to charter schools and make other technical changes to the authority. Effective June 19, 2009.

HB 187 Encourage Policies to Facilitate Graduation (E. Parmon) To encourage Local Boards of Education to adopt policies to encourage local businesses including local Chambers of Commerce, to adopt personnel policies with time to permit parents to attend student conferences. Local boards are encouraged to adopt policies to implement programs that assist students in making a successful transition between the middle school and high school years, increase parental involvement in student achievement, reduce suspension and expulsion rates and encourage academic progress during suspensions, and provide assistance. Finally, as part of the local board policy on pregnant or parenting students they are to provide assistance and support to encourage pregnant and parenting students to remain in school and graduate. The law is changed in sections G.S 115C-47(34), 115C-47 and 115C-375.5(b). Effective July 24, 2009.

HB 191 General Statutes Clarifying Correction (D. Ross) See Technical Bills document.

HB 209 Sex Offender Registry/Liberties with Student (B. Goforth) To add the offense of taking indecent liberties with a student to the list of sex offenses that requires registration under the Sex Offender and Public Protection Registration Program as recommended by the House Select Committee on Sex Offender Issues. Effective December 1, 2009.

HB 218 Parent & Student Educational Involvement Act (R. Glazier) Requires written notice be provided to the student’s parent by the end of the workday during which the suspension (for more than 10 days) or expulsion is recommended, when reasonably possible, but in any case no later than the end of the following workday. Amends G.S. 115C-391 and sets into law the information to be provided in the written notice: 1) description of the incident 2) rule in policy alleged to have been violated 3) process for parent to request a hearing 4) process by which a hearing will be held 5) parent permitted to retain an attorney during the hearing 5) extent to which board policy allows parent to have an advocate assist in the presentation of an appeal instead of an attorney 6) parents right to review education records prior to hearing. Written notice may be provided by certified mail, telefax, mail, e-mail or any other written method to give notice for expulsion or suspension for more than ten days.  Effective beginning with the 2009-2010 school year.

HB 223 No High School Graduation Project Required (J. Love) Removing the High School Graduation Project as a requirement for Graduation. Directs the State Board of Education not to include a high school graduation project as a requirement for receiving a high school diploma prior to July 1, 2011; however Local Boards of Education may choose to require their students to complete a high school graduation project. Directs the Program Evaluation Division to study the cost and effectiveness of requiring a statewide high school graduation project and to report the study results to the Joint Legislative Education Oversight Committee by July 1, 2010. Effective June 5, 2009.

HB 274 Clarifying Changes in State Law (D. Ross) See Technical Bills document

HB 311 Continue School Construction Funding (D. Yongue) The use of additional tax revenue by counties. Forty percent received from one-half cent Sales and Use Tax levied in this article and 30 percent of the revenue received by a county after the first five years may be used by the county only for school capital outlay. The county must use 60 percent of the revenue specified in this subsection for public school capital outlay purposes or to retire indebtedness. Essentially it extends these dedicated funds to public schools for school construction if needed.  These provisions for school construction resources would have no sunset date. Effective January 1, 2010.

HB 316 Assignment of Multiples to Charter Schools (M. Jeffus) Authorizing charter schools to give priority for admission to multiple birth siblings of any student assigned to a charter school. Effective with the 2009-2010 school year.

HB 365 Joint Session for State Board of Education Confirmations (L. Bell) Providing for a Joint Session of the General Assembly to act on a Joint Resolution providing for confirmation of the appointments by the Governor of one new member and two sitting members (whose 8 year term had expired) to the State Board of Education.

HB 391 Community College May Offer Safety Driving Courses (L. Daughtry) Permits high school students to take noncredit safe driving courses during the academic year or summer at a Community College. Effective June 11, 2009.

HB 440 Nicolas Adkins School Bus Safety Act (D. Folwell) To provide for the use of automated camera or video recording systems to detect and prosecute (admissible as evidence) individuals who pass stopped school buses, as recommended by the Child Fatality Task Force. G.S. 20-217(g) is amended to read; anyone who willfully violates this law and strikes any person, resulting in the death of that person, shall be guilty of a Class H felony. Effective for offenses committed after December 1, 2009.

HB 482 Reinstatement of Sick Leave/School Employees (T. Cotham) Relating to the reinstatement of unused sick leave for public employees. Maximum period of separation after which unused sick leave is reinstated shall be three calendar months longer for school personnel on 10-month contracts than for school personnel on a 12-month contract.  Effective July 1, 2009.

HB 535 Health Insurance Coverage/Lymphedema (T. Cotham) To require health insurers, including the State Health Plan, to provide coverage for the diagnosis and treatment of lymphedema. Effective January 1, 2010.

HB 582 Special Education Changes (R. Glazier) Providing for compliance with Federal Law requiring the provision of educational services to students transferring into a North Carolina School District while under a term of suspension or expulsion. It adds language to require a special education student who is denied admission to have education services provided to the same extent as if the child were enrolled in the LEA at the time of suspension or expulsion. Basically, if a child from another school system was suspended or expelled and enrolls, the school system must either admit or provide educational services if the student is eligible for admission to the LEA. Effective July 24, 2009.

HB 642 Retirement Technical Corrections (R. Tucker) To make technical corrections and other changes to the Statutes governing the Teachers’ and State Employees’ Retirement System, the Judicial Retirement System and the Legislative Retirement System, and the Local Governmental Employees’ Retirement System, and the Firemen’s and Rescue Squad Workers’ Pension Fund. Some of the key changes include: 1) allows rollover of fund 3) corrects omissions in filing timeframe of an application for retirement (90-120 days) 4) form numbers used instead of names 5) adds language to provide guidance for benefit payments if a member dies after effective date of retirement 7) changes omitted salary calculations apply to beneficiaries as well as members. 8 ) amends return-to-work statutes to require employers to report on rehired retirees 9) provides 100 percent joint and survivor payment 11) adds phrase “electronic submission in a form approved by the Board of Trustees” 12) allows electronic submission in form of written application to allow members to file for retirement on-line 13) amends Disability Income Plan to begin the reduction for social security benefits on the first of the month following the month the member becomes entitled to benefits. Effective July 1, 2009.

HB 659 Study Existing Children/Youth Programs (A. Bordsen) Authorizing the Joint Legislative Program Evaluation Committee to direct the Program Evaluation Division to study existing programs relating to children and youth in North Carolina, as recommended by the Joint Legislative Study Commission on Children and Youth. Effective June 19, 2009.

HB 661 City Managers on School Boards (R. Warren) To allow City Managers in certain smaller municipalities to serve as members of Boards of Education. The population of the city shall not exceed 3,000. Effective July 17, 2009

HB 735 Building Code/High Schoolers at Community Colleges (C. Tarleton) To clarify the law regarding building code standards for buildings used by high school students attending classes on Community College campuses. Existing and new Community College facilities if they comply with the North Carolina Building Code and other local ordinances may be used by high school students without modification. For purposes of use and occupancy these programs shall be considered “Business-Group B.” Effective June 26, 2009.

HB 804 Amend Law RE: Personal Education Plans (T. Cotham) To amend the law regarding Personal Education Plans (PEP) for every student at risk of academic failure the law is amended to state no later than the end of the first quarter, or after a teacher has had up to nine weeks of instructional time with a student a personal education plan shall be developed or updated for any student at risk of academic failure based on tests and other factors. LEAs shall give notice of the PEP and a copy of the PEP to the student’s parent or guardian. No cause of action for monetary damages shall arise from failure to provide or implement a PEP in this law. Effective with the 2009-2010 school year.

HB 836 Modify Appropriations Act See Technical Bills Summary pages

HB 908 Election Administration Amendments (M. Goodwin) The law is amended to provide voter preregistration of qualified individuals who are sixteen or seventeen years of age. The State Board of Elections shall have a Citizens Awareness Month at which time each County Board of Elections shall conduct voter registration and preregistration drives at public high schools in accordance with Local Board of Education policies, school system administrative procedures and guidelines of the State Board of Elections. Allows the County Board of Elections to make a request to Local Boards of Education at least ninety days prior to the start of one-stop voting. The request shall identify the building and specific portion to being requested for use. If the Local Board does not respond within 20 days of the request the site may be used for 30 days of one-stop voting. If the Local Board does not want to comply with the request for the use of their building they must notify the County Board within 20 days. The County Board of Elections will then work with the entity to try and identify a building or specific portions to conduct one-stop absentee voting. If a building cannot be agreed upon within 45 days, the State Board of Elections shall resolve the matter. G.S. 115C-81(g1)(1)(b) is rewritten to require instruction on voter registration and preregistration. G.S. 115-47 is amended to encourage student voter registration and preregistration. Encourage Local Boards to adopt policies that include the collaboration with County Boards of Election to conduct voter registration and preregistration in high schools. Completion and submission of voter registration or preregistration shall not be a course requirement or graded assignment for students.  This section is effective January 1, 2010 and applies to 2010-2011 school year.

HB 945 The Studies Act of 2009 See Technical Bill Summary pages.

HB 1031 Building Standards/Pre-K Classes in Public Schools (D. Folwell) To allow public schools seeking voluntary childcare facility licensure for prekindergarten to use the same building standards for prekindergarten classrooms as for kindergarten classrooms. The classroom shall have the following; 1) one toilet and one hand sink 2) kindergarten standards for light fixtures 3) kindergarten standards for floors, walls ceilings and 4) has floors walls and ceilings free from mold, mildew and lead hazards. A public school that voluntarily applies for a childcare license shall meet all other requirements for childcare facility licensure. Effective June 19, 2009.

HB 1032 Modify History and Geography Curricula (M. Jeffus) The law modifies the language in G.S. 115C-81(b1) to allow one year-long course of instruction in middle school on NC History and Geography in elementary schools and one year-long course of instruction at the high schools, in NC History with US History integrated into the instruction. Each course may include up to two weeks (reduced from four weeks) of instruction on the local area in which the students reside. Effective 2010-2011 school year.

HB 1078 Report School Violence to Superintendent/Require Notification Policy (L. Wiley) To ensure that acts of violence in schools are reported to the local Superintendent or the Superintendent’s designee. The principal or principal’s designee shall notify the Superintendent in writing or by electronic mail regarding any report made to law enforcement. Notification shall be made no later than the end of the following workday. The Superintendent shall provide the information to the Local Board.  G.S. 115C-36 is amended to allow Local Boards to notify parents or legal guardians of students alleged to be victims of acts required to be reported to law enforcement and Superintendents. Local Boards shall adopt a policy on notification of parents or legal guardians of any student’s alleged victims. Effective 2010-2011 school year.

HB 1090 UI/Severance Modifications (W. Wainwright) Amends the definition of total and partial unemployment relating to the treatment of severance pay under the Employment Security Laws of North Carolina.  Effective October 1, 2009.

HB 1117 Sex Offender Can’t Drive Bus with Children (R. Tucker) An act to provide that the Division of Motor Vehicles shall not issue or renew commercial drivers’ license with endorsement to drive a commercial passenger vehicle or school bus for anyone required to register under the sex offenders and public protection registration programs. Effective December 1, 2009.

HB 1172 School Based Administrators Salary Schedule (M. Michaux) The salary schedule in the SB 202, the Appropriations bill was wrong and this corrects the error in the principal and assistant principal salary schedule originally enacted into law. Effective July 1, 2009.

HB 1221 Develop State Employee Benefits Statement (D. Folwell) Directing the Department of Public Instruction to study developing an employee benefits statement that reflects the current value of employee benefits provided to state public school employees. An interim report shall be made by December 31, 2009 including the costs required to generate statements on or before June 30, 2010.

HB 1261 Protect Our Kids/Cyber Bullying Misdemeanor (N. Mackey) Protecting children of this State by making cyber bullying a criminal offense punishable as a Class 1 misdemeanor if the defendant is 18 years of age or older at the time the offense is committed. If the defendant is under 18 the offense shall be punishable as a Class 2 misdemeanor. The law provides that it is unlawful for a person to use a computer or computer network to do any of the following 1) intent to intimidate or torment a minor through a series of actions 2) intent to intimidate a minor’s parent or guardian though a series of actions 3) plant a statement true or false to provoke another individual; 4) copy or disseminate any information pertaining to a minor for the purpose of intimidating or tormenting  5) sign up a minor to a pornographic site 6) sign up a minor for electronic mail or messages. Effective December 1, 2009.

HB 1274 State Health Plan Blue Ribbon Task Force (V. Insko) An act to make technical and other changes pertaining to the State Health Plan Blue Ribbon Task Force and to the State Health Plan for teachers and state employees. Section 3 of the law allows members to pay the lesser of co-payments provided under this subsection or a pharmacy’s cash price to the general public of a particular prescription. The Plan’s pharmacy benefit manager may remove from the pharmacy network any pharmacy that charges an amount in violation of this subdivision. Effective October 1, 2009.

HB 1294 NC Risk Pool Clarifications (J. Dockham) To authorize the North Carolina Health Insurance Risk Pool to provide premium subsidies if funds are available. Section 2 effective October 1, 2009.

HB 1327 Schools Notified of Criminal Intelligence Information (D. Folwell) Allows a law enforcement agency to disseminate an assessment of criminal intelligence information to the principal of a school when necessary to avoid imminent danger to the life of a student or employee of the school or to the public school property. Notification may be made in person or by telephone and pertains to public or private schools. Effective December 1, 2009.

HB 1329 Consolidate Expunction Statutes (A. Bryant) Consolidate all statutes related to expunction of records in one Article of the General Statutes. Amends Chapter 15A with respect to expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses, first offenders under the age of 21 at the time of offense of certain drug offenses, and first offenders under the age of 21 at the time of offense of certain toxic vapors offenses. Effective December 1, 2009 and applies to petitions filed on or after that date.

HB 1433 Clarify Volunteer Immunity/AED (B. England) Immunity is conferred to any person who uses an automated external defibrillator (AED) and otherwise meets the requirements of this section (G.S. 90-21.14(a)). Effective August 5, 2009.

HB 1446 Amend Law RE: School Improvement Plans (R. Glazier) Amends the law relating to school improvement plans. Amends Statute by requiring the school improvement plans to take into consideration the goals set out in the mission statement for the public schools adopted by the SBE. Requires all school improvement plans be data-driven to the greatest extent possible analyzing student data to identify root causes for problems and to determine actions to address them, and containing clear, explicit indicators and actual measures as well as speedy time frames for improvement. Amends time school improvement plans remain in effect from three years to two years.  Changes the law to require low-performing schools to have their school improvement plan reviewed and approved by the State Board of Education. Effective 2009-2010 school year.

HB 1452 Local Government Code of Ethics (L. Allen) Requires all Cities, Counties, Local Boards of Education, Unified Governments, Sanitary Districts, and Consolidated City-Counties to adopt a Code of Ethics for the Governing Board. All members of these governing boards shall receive a minimum of two clock hours of ethic education within 12 months after initial election or appointment to the office and again within 12 months after each subsequent election or appointment to office. Local Boards of Education shall adopt a resolution or policy containing a code of ethics as required by G.S.160A-83 (this section of the law specifies items to be covered in the resolution/policy). All members of Local Boards of Education, whether elected or appointed shall receive a minimum of 12 clock hours of training annually. The 12 clock hours of training may include the ethics education required by G.S. 160A-84 (this section of the law addresses ethics education required). Effective January 1, 2010.

HB 1471 Counties & Schools Share P.E. Equipment (D. Yongue) Directing the SBE to encourage Local Boards of Education to enter into agreements with local governments and other entities regarding the joint use of their facilities for physical activity. The agreements should determine opportunities, guidelines and the roles and responsibilities of the parties including maintenance and liability. Effective July 24, 2009.

HB 1474 Credit Education Required/High School Seniors (A. Williams) Each student shall receive personal financial literacy instruction to include: 1) true cost of credit 2) borrowing money for an automobile or other large purchase 3) home mortgages 4) credit scoring and credit reports and 50 other relevant financial literacy issues. The SBE shall determine which courses and grade levels shall be integrated with financial literacy instruction. Effective with 2011-2012 school year.

Ratified Senate Legislative Bills Summary 2009 Session

SB 65 Amend Computer Solicitation of Child (J. Tillman) Amends the law regarding solicitation of a child by computer to commit an unlawful sex act to include solicitations by any other devices capable of electronic data storage or transfer. Law already provides that a violation is Class H felony and if either the defendant or any other person for whom the defendant was arranging the meeting actually appears at the meeting location, the violation is a Class G felony. Effective December 1, 2009.

SB 198 State Board of Education/Membership Restrictions (V. Malone) Modifies the restrictions on service on the State Board of Education. Provides that no more than two (was one) public school employees paid from state or local funds may serve as appointed members of the State Board of Education. Senate Committee Substitute inserts language previously deleted in error prohibiting a spouse of a DPI employee serving on the board. In addition, the committee substitute amends statute, which prohibits certain contracts between public officers and the agencies they serve, to provide that it does not apply to employment contracts between the State Board of Education and its chief executive officer. Effective March 4, 2009.

SB 202 Appropriations Act of 2009 (L. Garrou) Makes base budget appropriations for the current operations of state departments, institutions, and agencies, and for other purposes. Effective July 1, 2009.

SB 204 Retired Nurses Return to Work (W. Purcell) Enables retirees of the Teachers’ and State Employees Retirement System to return to employment as nursing instructors at a             State-supported Community College or State-supported university without losing retirement benefits.  Effective July 1, 2009 and expires June 30, 2013.

SB 220 General Statutes Commission Technical Corrections (F. Hartsell) An act to make technical corrections in the General Statutes as requested by the General Statutes Commission and to make various other technical changes to the General Statutes and Session Laws. Amends G.S. 115C-102 and recodifes G. S. 115C-407.5 through G. S. 115C-407.8 as enacted by SL 2009-212 as G.S.115C-407.9 through G. S. 115C-407.12.

SB 248 Conform County School Board Vacancy Statute (J. Foriest) Makes a technical correction to the 1981 law by deleting counties that were included as it relates to filling vacancies in County Boards of Education elected on a partisan basis. The law now only applies to Alleghany, Brunswick, Graham, New Hanover, Vance and Washington. Effective December 1, 2010.

SB 287 State Health Plan $/Good Health Initiatives (T. Rand) An act to appropriate funds for the State Health Plan for Teachers and State Employees and to make other changes related to the State Health Plan. Funds in the amount of $250,000,00 is appropriated to cover the 2008-09 shortfall, the 90/10 PPO option has been eliminated, co-pays were increased to $35.00 on prescription without generic equivalents, increase in premiums, routine eye examination eliminated and an increase in employee/employer contributions for 2009-2010 and 2010 –2011 were some of the changes to the State Health Plan. Sections 1(b), 1(c), 1(d), 2(c), 2(f), 2(h) of this act become effective July 1, 2009. Section 4(d) of this act applies to applications for the purchase of extended coverage made on and after July 1, 2008. The remainder of this act is effective April 23, 2009.

SB 368 Various Changes in Motor Vehicle Law (C. Jenkins) An act to make various changes to the Motor Vehicles Laws, as requested by the Department of Crime Control and Public Safety. Section 14 applies to G.S. 115C-457.2 regarding the proceeds to be remitted to the Civil Fines and Forfeiture Fund from the changes to the law. Section 13 prohibits viewing of televisions, computer or video player which is located in the motor vehicle at any point forward of the back of the drivers’ seat such that it is visible by the driver while operating the motor vehicle. Section 13 is effective October 1, 2009. Section 13 does not apply to navigation systems or equipment displaying audio, controls weather, traffic or safety information. Section 14 pertaining to fines and forfeitures disbursement is effective July 31, 2009.

SB 425 Streamline Plan Review & Inspection/State Buildings (E. Kinnaird) The law streamlines the plan review and inspection process of state buildings by transferring the authority for building code enforcement with respect to State buildings from the Dept. of Insurance to the Dept. of Administration. G.S.58-31-40 has sections deleted, but still requires school districts erecting a building comprising 20,000 square feet to receive approval of the plan by the Commissioner of Insurance as to the safety of the proposed building from fire, including the property’s occupants or contents. Effective October 1, 2009.

SB 526 School Violence Prevention Act (J. Boseman) Defines bullying and harassing behavior as used in the Act as any pattern or gestures or written, electronic, or verbal communication, or any physical act or any threatening communication that takes place on school property, at any school-sponsored function, or on a school bus and that places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property. Directs LEAs to adopt policy prohibiting bullying or harassing behavior before December 31, 2009 and to provide training on local policy to school employees and volunteers who have significant contact with students by March 1, 2010. The law clearly specifies 8 components to be included in the policy. In addition notice of local policy shall appear in any school unit publication that sets forth the comprehensive rules, procedures, and standards of conduct for schools within the school unit and in any student and school employee handbook. Effective with 2009-2010 school year.

SB 631 DMV Bureau of License & Theft/Vehicles (R. Stevens) An act concerning the disposition and use of seized vehicles by the Division of Motor Vehicles, Bureau of License and Theft.  Proceeds from the sale of such vehicles shall be paid to the treasurer and placed in the Civil Fines and Forfeitures Funds pursuant to G. S. 115C-457.1.  Effective August 2009.

SB 689 Modify DPI Reporting Requirements/Building Code/High Schools (R. Stevens) The law changes the reporting dates for SBE, for the three reports listed. The SBE shall report to Joint Legislative Education Oversight Committee prior to January 15 of each year on the impact of the mentoring program on teacher retention and how mentors are trained. SBE shall report on January 15 each year on the success of students in programs (i.e. high school dropout rates, post graduation employment etc.) SBE shall report acts of violence in public schools and the dropout rates, suspensions expulsions and alternative placements to JLEOC by March 15 each year. In addition, the legislation clarifies the law regarding building code standards for buildings used by high school students attending classes on college or university campuses. Existing facilities and new facilities that comply with State Building Code and applicable local ordinances may be used without modification for public school students. Effective July 17, 2009.

SB 708 Amend the Compulsory School Attendance Law (F. Hartsell) Amends the compulsory school attendance law with technical changes to the sentence construction and words. Amends Statute by deleting various general words and adds specific individuals. For example “other person” is replaced with “custodian” “his designee” with “principal’s designee.” G.S. 115C-378 (a) through (g) has language modifications for clarifying purposes. Effective with the 2009-2010 school year.

SB 738 Diabetes Control Plans in Charter Schools (T. Rand) Requires Boards of Directors of Charter Schools to implement the guidelines adopted by the State Board of Education for the development and implementation of individual diabetes care plans and to require Local Boards of Education and Boards of Directors of Charter Schools to report annually, on or before August 15, whether they have students enrolled and provide information showing compliance with the guidelines adopted by the State Board of Education. The reports shall be in compliance with the federal Family Educational Rights and Privacy Act. Effective when it becomes law and applies to the 2009-2010 school year.

SB 754 Changes for Bonds Authorization Under ARRTA (D. Clodfelter) Amends the North Carolina General Statutes to allow the State to take full advantage of the expansion of existing bond programs and the creation of new bond programs (qualified school construction bonds) under the Federal Economic Stimulus Legislation also known as the American Recovery and Reinvestment Tax Act of 2009. Effective June 19, 2009.

SB 838 Amend Env. Laws/Env. Technical Corrections 2009 (C. Albertson) Amends or repeals various environmental reporting requirements. G. S. 130A-248(d) to provide that all food and lodging establishments except nutrition programs for elderly, establishments that prepare and sell meat and poultry products, and school cafeterias, must pay $75.00 for each permit, and that fee is reassessed annually for permits that do not expire. Section V of the bill delays the effective dates of laws governing the management of discarded computer equipment and discarded televisions until multiple dates in 2010 (see bill). Sections 12, 13, 14, and 15 regarding the consolidation of reports becomes effective January 2010 and the remainder is effective when it becomes law.

SB 859 Tort Claims Act/Local Government Opt-In (D. Clodfelter) An act to allow cities with population greater than 500,000 or more is authorized to waive its immunity from civil liability in rot by passage of a resolution expressing its intent to waive sovereign immunity. Any resolution shall apply to all claims arising on or after passage of the resolution until repealed. Effective October 1, 2009.

SB 877 Health Plan Provider Contracts/Transparency (D. Clodfelter) Requires contracts between health benefit plans and health care providers to contain certain terms and conditions.  Effective January 1, 2010.

SB 894 UI/School Teacher Related Amendments (F. Hartsell) Amends the employment security laws relating to the definition of substitute teacher and other school-related positions in determining eligibility for unemployment insurance benefits. This pertains to service in a public, charter, or private school. Service performed by a full time substitute when employed to work at least 30 hours for a minimum of six consecutive weeks is eligible for unemployment insurance. Performance of extra duties such as coaching athletics does not qualify an individual for unemployment insurance. Adds the following language; “No showing of misconduct connected with work or substantial fault connected with the work not rising to the level of misconduct shall be required in order for an individual to be disqualified for benefits under this subdivision”. Effective October 1, 2009.

SB 929 No Set Aside of Bond Forfeit/Actual Notice (D. Berger) An act to amend requirements applicable to motions to set aside bail bond forfeitures and clarify sanctions that may be imposed in conjunction with such motions, and to provide that a court may not set aside a bail bond forfeiture, if before executing the bond, the surety or bail agent had actual notice of a defendant’s failure to appear on two or more prior occasions in the case for which the bond was executed. Section 1 becomes effective January 1, 2010, and applies to all motions to set aside filed on or after that date. Section 1.1 and 2 become effective January 1, 2010 and apply to bail bonds executed on or after that date.

SB 931 Commercial Drivers License Changes (S. Goss) Provides reciprocity to a person who holds any commercial drivers license recognized by the federal government, to expand the definition of conviction for out-of-state violations, to expand the definition of employers with regards to commercial drivers licenses, to add a disqualifying violation to commercial drivers licenses, to increase civil penalties, to expand employer reporting responsibilities, and to modify requirements for convictions ten years old or older. Effective March 10, 2010.

SB 957 Special Enrollment Period/Group Health Insurance (M. Nesbitt) Creates a special enrollment period in the North Carolina group Health Insurance Continuation Law and provide eligible individuals with the same continuation rights as under the Federal American Recovery and Reinvestment Act of 2009. Effective June 2009.

SB 960 Ensure Accountability Regarding Stimulus Funds (M. Nesbitt) An act to facilitate expedited use and expenditure of federal funds provided under the American Recovery and Reinvestment Act. Amends G. S. 6-19 to prohibit a part from recovering attorneys’ fees in any civil action regarding any claim, dispute, or protest relating to 1) the implementation of ARRA; 2) the award of contracts or grants there under by the state and its departments, institutions, offices, agencies, universities, community colleges, counties, municipalities, and local education authorities; 3) a vendor’s default under ARRA; and/or debarment resulting from a default under an ARRA contract. Effective February 17, 2009.

SB 962 Probationary Teacher Appeals (M. Nesbitt) Modifies the hearing process applicable to probationary teachers. Section 1 G.S. 115C-325(c) Subsection (1) provides the teacher with the right to notice and hearing prior to the board’s vote on career status and the Board shall give written notice of that decision by June 15th or such later date that has been agreed upon by the superintendent and the teacher.  Subsection (2) pertains to the employment of a teacher who has already obtained career status and sets out the same rules as in Subsection (1). Subsection (m) includes 5 new subsections, 3-7. Subsection (m)(3) defines notice by the superintendent of his/her intent to recommend non-renewal by no later than May 15 and addresses the process to receive written notice of the reasons for nonrenewal and a hearing. If the teacher does not file a timely request then the above rights are waived. Subsection (m)(4) if it is a probationary teacher who is eligible for career status and the superintendent recommends the teacher not receive career status then the teacher has a right to a hearing before the Board, unless there is a decrease in positions due to district reorganization, decreased enrollment or decreased funding. Subsection (m)(5) allows teachers with probationary contracts not in their final year to petition the Board for a hearing and the Board may grant a hearing on non-renewal and the Board will notify the teacher of its decision for a hearing.  Subsection (m)(6) states the hearing shall be held according to the provisions of G.S. 115C-45(c). Subsection (m)(7) sets the contract nonrenewal notification date as June 15 unless the teacher submits a request for information or a hearing and the board shall provide the nonrenewal notification by July 1 or such later date upon written consent of the superintendent and the teacher. The election of a teacher to career status (Subsection 1) applies to proceedings initiated after August 31, 2010, while the remainder of the law, impacting probationary teachers and employment of a career teacher, applies to proceedings initiated after August 31, 2009.

SB 1006 Withholding on Contractors Identified by ITIN (D. Hoyle) An act to require withholding on contractors identified by an individual taxpayer identification number (ITIN). Effective for taxable years beginning on or after January 1, 2010.

SB 1019 Establish NC Financial Literacy Council (J. Stein) This act establishes a Financial Literacy Council in the Department of Justice, to coordinate and expand the statewide delivery of financial education for all North Carolinians. The council will work with DPI to monitor and assist in the statewide delivery of financial education in public schools.  The Council will consist of 18 members and will make recommendations to address the current personal financial literacy programs in the public schools and how to integrate financial education in K-12 to ensure that young people are prepared for financial success, address issues facing students in higher education, and create and provide access to financial products that provide hands-on learning of financial skills. The council shall meet quarterly and the law includes their duties. A report is due annually to the General Assembly and the Governor on the impact of the financial education activities conducted by State agencies.  Effective July 10, 2009.

SB 1028 Volunteers to Support Academic Success in School (C. Albertson) Local Boards of Education are directed to develop policies and programs designed to; 1) encourage the use of community-based academic booster organizations, to provide tutoring and other services to encourage and support student academic achievement, 2) develop policies and procedures for approving the use of volunteer organizations and individual volunteers, 3) develop policies/procedures to make information available to parents and students about what tutoring and academic support services are available in the community or through school volunteers or other community organizations. Effective August 7, 2009.

SB 1030 After-School Childcare Programs (R. Stevens) Clarifies the meaning of public school buildings as related to after-school child care programs by including playground and athletic fields as part of the school building. Playgrounds and athletic files that do not meet licensure standards shall include a note on the program licensure rating. The law also establishes procedures for approving education criteria for after-school child care program coordinators and group leaders. Effective June 30, 2009.

SB 1069 Joining Our Businesses and Schools Commission (V. Malone) The act establishes the JOBS Study Commission consisting of 11 members. The Commission shall prioritize and customize the career clusters and identify career paths and report their recommendations to the State Board of Education, and advise the NC Education Cabinet and DPI, study the implementation of pilot programs in the seven economic regions of the state to prepare students for the increased academic demands of a global economy. The Commission shall study issues related to economic growth and define the readiness of a community to deliver the services that equip the workforce to be competitive in a STEM-intensive economy. The Commission will make an initial report to the SBE by March 1, 2010.  The State Board and DPI will develop at least four career clusters and implement at least one JOBS Early or Middle College in each of the economic development regions beginning in 2010-2011 school year. The Commission shall make an interim report of the results of its study and recommendations, including legislation to the Joint Legislative Education Oversight Committee and the 2010 Regular Session of the 2009 General Assembly by May 15, 2010 and to the JLEOC and 2011 Regular Session of the 2011 General Assembly no later than February 1, 2011 and a final report to JLEOC, 2012 Regular Session of the General Assembly by May 15, 2012. The Commission terminates on June 30, 2012.

SJR 1106 Honor Vernon Malone A joint resolution honoring the life and memory of Vernon Malone, State Senator. This Resolution is effective upon ratification.

SJR 1109 Adjournment Resolution A joint resolution setting the time for adjournment of the 2009 General Assembly to meet May 12, 2010 and limiting the subjects that may be considered in that session. Effective August 11, 2009.

2009 Technical Bills and Studies Act Summaries

HB 836 Modify Appropriations Act

Section 1(a) Department of Public Instruction $7,458,261,240. An additional $2 million was added to the total funding to DPI, pursuant to Section 3M(b).

Section 2 Deletes reference to budget code in transferring the Corporate Taxes (school construction funds) “18878” and replaces with “19978.”

Section 3A(c) Amends the reporting date of February 28, 2010 in Section 6.13(Information Technology Coordination Plan) of the budget (and substitutes May 1, 2010).

Section 3E Authorizes the use of $350,000 to Office of the Governor for Education E-Learning Portal and deletes the word annually from the provision.

Section 3F Adds a new sentence “Savings that result from eliminating tests shall be used to implement this section (Assessment and Accountability).”

Section 3G(a) Section 7.19 (Pre-K 20 Data System) deletes language “Department of Public Instruction” and replaces with “State Board of Education.”

Section 3G(b) Section 7.19 is amended by changing the requirement for standards and specifications submission date to March 1, 2010 (was January 1, 2010). Final report date is amended from March 1, 2010 to April 1, 2010.

Section 3H Section 7.41(b) pertains to NBPTS serving as mentors. Effective date is changed from January 1, 2011 to June 30, 2011.

Section 3I Of the funds appropriated to DPI $200,000 may be used to support a Leadership Academy that provides for professional development for superintendents enabling them to train principals.

Section 3J Adds new section to budget bill. Requires the Joint Legislative Education Oversight Committee to develop a plan to restructure the North Carolina Teacher Salary Schedule.  The new language delineates the requirements. The Committee may contract with a consultant to complete the task. The Committee shall report on the plan to the General Assembly, no later than September 30, 2010.

Section 3K Allows the State Board of Education to use up to $1.5 million set aside in G.S. 115C- 546.2 (Corporate Tax revenues) to support positions in DPI’s Support Services Division.

Section 3L Section 7.13(f) changes the funding language for the Dropout Grants. The section now allows $100,000 to be used in each year for a vendor contract. It also allows up to $175,000 each year for use by DPI in providing technical assistance.

Section 3M(a) Section 7.4(a)(5) changes the funding allotment to $788,789 from $717,360. This is the small county funding allotment per pupil.

Section 3M(b) Amends Item 27 on page F4 to eliminate the $2 million reduction to the Small County Supplemental fund.

Section 3N Amends language in Section 5.2(d) of the budget with respect to the Lottery revenues. If actual net lottery revenues exceed the amounts appropriated the excess net revenues shall be allocated on the basis of ADM to the LEAs not qualifying for funding in 2009-2010, 2010-2011.

Section 4 Changes an incorrect reference from (b) to (a).

HB 191 General Statutes Clarifying Corrections

Nothing in this bill impacts public schools.

HB 274 Clarifying Changes to State Law

Section 3.2 Standard qualification for school bus drivers; speed limit for school buses and school activity buses. This section strikes through the word children and replaces it with the following; “one or more child passengers.” It pertains to sections of the law G.S. 20-218 and also makes the same change relative to speed limits for school buses or activity bus.

SB220 General Statutes Commission Technical Corrections

Section 8(c) renames representative of NCCBI to include instead a representative of the North Carolina Chamber when including a person to serve as a representative of business and industry. Modifies 115C-102.15(b)(9)

Section 8(d) same as above 115C-102.12(b)(15)

Section 23 Flags shall be put at half-staff as opposed to half mast.

Section 33 Safety Inspections for Buses This section requires buses to be inspected according to the State Board of Education and G.S. 115C-248.

Section 37 Correct G.S. reference of 115C-103.6A(1) to 115C-102.6A(c)+(1) through (17).

Section 38 Disposition of payment due employees at time of death corrects error in statute number.

Section 39(a) Changes Article 29B to 29C of Session law 2009-212.

Section 39(b) Changes 115C statute numbers to correct errors.

Section 40 Liability for Failure to Perform Duties resets correct statute number 115C-288(d).

HB 945 The Studies Act of 2009

PART II Legislative Research Commission

Section 2.9 Parenting Education. The Commission may study current practices relating to the provision of parenting education in the State in order to enhance parents’ and parenting partners’ competence and confidence to improve child-rearing knowledge and skills.

Section 2.11 After-School Child Care and Related Commission They may study after-school child care and other related programs.

Section 2.13 Youth Violence The Commission may study the causes and effects of youth violence in North Carolina and may review current State, local, and private efforts to prevent youth violence, including working cooperatively with the Department of Juvenile Justice and Delinquency Prevention on youth violence issues that may overlap with the ongoing work of that Department.

Section 2.20 Early Childhood Programs The Commission may conduct a study to include: 1) Assessing the feasibility and desirability of consolidating the North Carolina Partnership for Children, Inc., and the “More At Four” Program; 2) Considering any needed adjustments and the necessary reprioritization of funds to realize the maximum benefit of the State’s children and families, 3) Reviewing any other matters the Commission deems relevant to the study.

Section 2.21 Innovation in Education The Commission may study the feasibility of giving to every public school in North Carolina an incentive of $1,000 per year beginning at grade one and extending to grade 12 if the student successfully meets specific academic, disciplinary, attendance, character and parental involvement goals and benchmarks.

Section 2.22 Legislative Grants The Commission may study the feasibility of providing legislative grants for eligible students who attend North Carolina career colleges and schools.

Section 2.24 Sports Injuries The Commission may study issues relating to sports injuries for all sports at the middle school and high school levels, focusing on the prevention and treatment of injuries.

Section 2.34 Chiropractic Services and Cost-Sharing Under the State Health Plan A study of chiropractic services and cost-sharing under the State Plan for Teachers and State Employees.

Section 2.48 Science, Technology, Engineering and Math (STEM) Innovation and Community Collaboration The Commission may study issues related to economic growth by the creation of measures and metrics which define the readiness of a community to deliver, to all stakeholders, the services that equip the workforce to be competitive in a STEM-intensive economy, including ensuring that students throughout the education pipeline gain the skills learned from science, technology, engineering, math, and other rigorous subjects.

Section 2.60 Issues Relating to the Duration of the Compensation for Temporary Total Disability Under the Workers’ Compensation Act The Commission may study issues relating to the duration of the compensation for temporary total disability under the Workers’ Compensation Act.

Section 2.70 Voluntary Shared Leave Program The Commission may study rules and policies for the voluntary shared leave program that will permit donations of sick leave to a non-family member recipient for State employees subject to the State Personnel Act, public school employees, and community college employees.

PART V. Joint Legislative Education Oversight Committee Studies

Section 5.2 Consolidation of the General Statutes and Administrative Rules Pertaining to High School Programs Offered at Community Colleges. The Committee may study the consolidation of the General Statutes and administrative rules pertaining to high school programs offered at community colleges, including Huskins Bill courses, dual enrollment, Learn and Earn, Learn and Earn Online, and college transfer courses, to facilitate consistency in administration of these programs among colleges and to ensure that revenues are appropriately received by the colleges to fulfill their responsibility in providing these programs to high school students.

Section 5.3 Social Workers in Schools The Committee may study all aspects of the practice of school social work in North Carolina.

Section 5.4 Impact of Student Mobility on Academic Performance The Committee may study the impact of student mobility on academic performance.

Section 5.5 Alternative Schools The Committee may study the number of alternative schools that currently exist in North Carolina, how effective those schools are in helping at-risk students reach academic success, and any other issues that the Committee considers relevant to this topic.

Section 5.6 ABC Bonus Program The Committee may consider (i) the current mechanism for determining which schools’ employees are entitled to bonuses, (ii) the relationship of bonuses awarded to the improvement of student performance and outcomes and reduction in dropout rates, and (iii) any equities and inequities in the current program.

Section 5.7 State-Need Based Financial Aid The Committee may study how best to fund grants, loans, and scholarships made for the purpose of attending institutions of higher education both within and outside of North Carolina including examining the availability and sustainability of existing State, federal, and private funding sources.

PART VI Environmental Review Commission Studies

Section 6.8 Green School Construction Loan Fund The Commission may study the possibility of establishing a Green School Construction Loan Fund to provide no interest loans to local school administrative units for green construction, with priority given to projects that will have the greatest impact on reducing the use of energy and water.

Section 6.13 Recycle Products Containing Mercury The Commission may study the possibility of requiring all public agencies to recycle all spent fluorescent lights and mercury thermostats, requiring the removal of all fluorescent lights and mercury thermostats from building prior to demolition, and banning mercury-containing products from unlined landfills.

PART VII Joint Legislative Utility Review Committee Studies

Section 8.7 Energy Efficiency in State-Funded Buildings The Committee may study the possibility of extending the standards governing energy efficiency and water use for major facility construction and renovation projects involving State, university, and community college buildings to major facility construction and renovation projects involving buildings of entities that receive state funding.

PART XI Legislative Study on Children and Youth Studies

Section 11.2 Issues Related to Children of Incarcerated Parents The Commission may study the issue of incarcerated parents and their children.

PART XIII Department of Health and Human Services to Study the Feasibility of Establishing a School-Based Influenza Vaccination Pilot Program

Section 13.1 The purpose of the program would be to vaccinate against influenza all children ages six months to 18 years in accordance with recommendations of the National Advisory Committee on Immunization Practices. The study would 1) Examine the costs and benefits of establishing a school-based influenza vaccination pilot program;

2) Identify any barriers to implementing the school-based influenza vaccination pilot program and recommend strategies for removing the barriers; and 3) Determine the fiscal impact to the State of the proposed pilot program. The Department may report its findings and recommendations to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Governor not later than October 1, 2010.

PART XXIV UNC Board of Governors, in conjunction with the Department of Public Instruction and the North Carolina Independent Colleges and Universities, to direct the appropriate entity to study the impacts of raising the compulsory attendance age for public school attendance prior to completion of a high school diploma from sixteen to seventeen or eighteen

Section 24.1 The Board of Governors of the University of North Carolina, in coordination with the Department of Public Instruction and the North Carolina Independent Colleges and Universities may direct the appropriate entity to study the impacts of raising the compulsory public school attendance age prior to completion of a high school diploma from 16 to 17 or 18 and may report to the Joint Legislative Education Oversight Committee prior to May 1, 2010.

PART XXVII State Board of Community Colleges to study the feasibility of converting the academic calendar for most of the constituent institutions of the North Carolina Community College System from a semester system to a Trimester System.

Section 27.1 The goal of the study is to evaluate whether switching to a trimester system would better enable a college to more fully use its campus facilities during the summer while still maintaining the academic and programmatic integrity of the institution. The State Board of Community Colleges may report its findings and recommendations to the Joint Legislative Education Oversight Committee by December 1, 2009.

PART XLIX Legislative Task Force on Childhood Obesity

Section 49.2 The Task Force is to consist of 12 members, six members of the House of Representatives and six members from the Senate. The Task Force shall consider and recommend to the General Assembly strategies for addressing the problem of childhood obesity and encouraging healthy eating and increased physical activity among children. All State departments and agencies and local governments and their subdivisions shall furnish the Task Force with any information in their possession or available to them. The Task Force shall submit a final report of the results of the study and recommendations to the 2010 Regular Session of the 2009 General Assembly. The Task Force will terminate on May 1, 2010.

Wake schools’ federal money limited – N&0

It fails to offsetall state cuts

BY GABE STAROSTA, Staff Writer, News and Observer

Federal stimulus money will help ease the financial pain in Wake County schools this year and next but only partly makes up for state budget cuts in education, county officials said Wednesday.

It’s also a temporary solution with the customary federal strings attached. Wake schools will get $46.4 million in stimulus money, with roughly half for the current fiscal year and the rest next year. The federal lifeline runs out after that.

With the recently passed state budget slicing $35.1 million from Wake schools, the stimulus money is welcome. But those funds are earmarked for special education programs and high-poverty schools and can’t be spent elsewhere, said Donna Hargens, the school district’s chief academic officer.

The school district let go 1,496 employees whose contracts expired June 30. It has since rehired 911 of them, but only about 10 percent were rehired using stimulus dollars, Hargens said.

“We have less money, less recurring revenue, and I don’t think the recovery is going to be as quick as the decline,” Wake schools Superintendent Del Burns said at a joint meeting of the school board and Board of Commissioners. “We’re trying to be proactive about that.”

Because of the strict guidelines that go with federal money, the school district has also been put in the awkward position: cutting a significant number of teachers and staff while simultaneously creating 99 new positions.

The new positions include 53 teaching jobs and 45 math coach positions at Title I schools — those with high levels of free or reduced-price lunch students — plus a single administrative position to manage the math coach staff.

At the same time, more than 550 teachers and staff, out of nearly 1,500 let go, have not been rehired or guaranteed future positions. Hargens said the new positions were not reserved for those let go when their contracts expired, though those former Wake employees could apply for the jobs created or saved by federal money.

“Those 99 positions were created and posted [for consideration] and people were hired, so it may be that some of the people [who were let go June 30] were rehired,” Hargens said.

The rest of the federal money spent so far was used to maintain 100 positions in special needs education — 92 teachers and eight teachers’ assistants.

Wake County received a total of $46.4 million in stimulus funds for education, part of a larger stimulus grant that was distributed by the national Department of Education. Wake’s share is divided into roughly $30 million set aside for special needs education and $16 million designated for 45 Title I schools.

But David Neter, the Wake school district’s chief business officer, warned that the state needs to find additional sources of revenue so the school system is not left with a massive hole in its budget when federal stimulus money runs out.

“The problem with [federal funding] is that it falls off a cliff in two years,” he said.

Despite the money flowing in from Washington, Burns reiterated that students will be feeling the economic pinch through larger class sizes in grades four through 12, fewer offerings of elective courses and a reduction in services such as transportation.

“This is the first year I’ve experienced where there has been a significant impact at the school level,” he said.

Perdue videos tout her budget fight – N&O

Under the Dome article here

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