CHAPTER 6 ‑ ELEMENTARY AND SECONDARY EDUCATION

 

SUBCHAPTER 6A ‑ ORGANIZATION PLAN

 

16 NCAC 06A .0101         SCHOOL CALENDAR

16 NCAC 06A .0102         SUSPENSION OF A PORTION OF THE SCHOOL TERM

 

History Note:        Authority G.S. 115C‑36; 115C‑47(11); 115C-84; 115C‑84(c); 115C-302;

N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. July 1, 1995;

Repealed Eff. June 1, 1996.

 

16 NCAC 06A .0103         EMERGENCY CLOSING OF INDIVIDUAL SCHOOLS

 

History Note:        Authority G.S. 115C‑84(c); N.C. Constitution, Article IX, Sec. 5;

ARRC Objection Lodged May 25, 1989;

Eff. January 1, 1990;

Repealed Eff. July 1, 1995.

 

 

SUBCHAPTER 6B ‑ STUDENT TRANSPORTATION SYSTEM

 

SECTION .0100 - STUDENT TRANSPORTATION SYSTEM

 

16 NCAC 06B .0101          SCHOOL BUS DRIVERS

 

History Note:        Authority G.S. 115C‑240(c);

Eff. July 1, 1986;

Amended Eff. December 1, 1991;

Repealed Eff. June 1, 1996.

 

16 NCAC 06B .0102          SCHOOL BUS PASSENGERS

(a)  LEAs shall provide instruction in school bus safety to all children during the first five days of school and regularly thereafter during the school year.  The LEAs shall include in the instruction basic skills and knowledge vital to safety in school bus transportation.

(b)  LEAs shall provide seating for all school bus passengers entitled to transportation according to the rated seating capacity for each specific bus.  The LEAs shall not allow the number of passengers being transported to exceed the official rated capacity for the type and model bus being used.  All riders must be seated before a bus may leave a stop; overcrowding and standees are prohibited.

(c)  LEAs shall establish uniform procedures for transporting children with special needs to include:

(1)           recommendation by school‑based committee;

(2)           inclusion in the written individualized education plan; and

(3)           approval by the transportation director and superintendent.

 

History Note:        Authority G.S. 115C‑240(c);

Eff. July 1, 1986;

Amended Eff. November 1, 1991.

 

16 NCAC 06B .0103          LOCAL RULES AND REGULATIONS

LEAs shall adopt and keep on file in the office of the superintendent rules, regulations and policies to assure the safe, orderly and efficient operation of school buses, including:

(1)           the use of school buses under G.S. 115C‑242(5);

(2)           a uniform system of discipline on school buses;

(3)           a uniform procedure for the recruitment and selection of school bus drivers;

(4)           procedures for relieving a driver of driving duties;

(5)           passenger safety rules;

(6)           responsibilities of school bus monitors; and

(7)           duties of school personnel in the administration of the school transportation program.

 

History Note:        Authority G.S. 115C‑240(a);

Eff. July 1, 1986.

 

16 NCAC 06B .0104          BUS ROUTES

(a)  Superintendents shall plan bus routes in a way designed to conserve fuel and to use buses efficiently.

(b)  A route may not deviate from a general path of direction for a distance of less than one‑half mile and then return to the original path except for groups of 10 or more pupils, unescorted pupils in grades K‑3 or special education pupils.

(c)  Unless safety factors require otherwise, superintendents may not plan bus stops closer together than 0.2 miles.  Each student must be at the designated stop at the time of the bus's arrival.

(d)  Except in an emergency, regular and substitute drivers will transfer a bus at the school.

(e)  Drivers shall park buses at night and on weekends in locations which lessen opportunities for persons to steal fuel and commit vandalism.

(f)  Service personnel shall maintain buses to ensure greatest fuel economy.

(g)  Each LEA will establish the time required for each bus route and certify this time.  The LEA will use this certified time to contract with the driver for each route operated.  The LEA will determine the hourly rate of pay by a salary schedule adopted by the SBE.

 

History Note:        Authority G.S. 115C‑240(a);

Eff. July 1, 1986;

Amended Eff. July 1, 1992.

 

16 NCAC 06B .0105          SCHOOL BUS MAINTENANCE

16 NCAC 06B .0106          SCHOOL BUS INSPECTIONS

 

History Note:        Authority G.S. 115C‑240(a);

Eff. July 1, 1986;

Repealed Eff. June 1, 1996.

 

16 NCAC 06B .0107          SUPERVISORY AND SAFETY PRACTICES

The Department may evaluate the transportation program of any LEA, including the supervisory and safety practices.  It may also make recommendations to the LEA as it considers necessary.

 

History Note:        Authority G.S. 115C‑240;

Eff. July 1, 1986;

Amended Eff. July 1, 1994.

 

16 ncac 06b .0108          PURCHASING FLEXIBILITY EXEMPTION

 

History Note:        Authority G.S. 115C-522.1(e);

Temporary Adoption Eff. December 15, 1998;

Amended Eff. July 1, 2000;

Repealed Eff. April 1, 2005.

 

 

 

 

SUBCHAPTER 6C ‑ PERSONNEL

 

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

 

16 NCAC 06C .0101         DEFINITIONS

As used in this Subchapter:

(1)           "Convicted" or "Conviction" means and includes the entry of:

(a)           a plea of guilty;

(b)           a verdict or finding of guilt by a jury, judge, magistrate, or other duly constituted, established, and recognized adjudicating body, tribunal, or official, either civilian or military; or

(c)           a plea of no contest, nolo contendere, or the equivalent.

(2)           "Institution of higher education" (IHE) means a senior college or university.

(3)           "Instructional personnel" means all teachers as defined by G.S. 115C‑325, with the exception of supervisors, and non‑teaching principals, assistant principals, social workers, counselors and psychologists.  The term includes principals, assistant principals, or counselors who teach any part of the day, librarians and instructional aides, except that:

(a)           aides are not included for the purpose of applying Rule .0403 of this Subchapter; and

(b)           aides are not included for the purpose of applying Rule .0301 of this Subchapter.

(4)           "License" has the same meaning as the term "certificate" as used in 16 NCAC 1A .0001(2).

(5)           "National Teachers' Examination" (NTE) means the standard examination adopted by the SBE pursuant to G.S. 115C‑284(c), 115C‑296 and 115C‑315(d).

(6)           "Other personnel" means those persons not included within the definition of instructional personnel.

(7)           "Part‑time employee" means a person employed for at least 20 hours per week.

(8)           "Permanent employee" means a person who is not a student enrolled in the school system who is employed:

(a)           other than on an interim basis, to fill a position which is to become permanent if current needs and funds continue; or

(b)           for at least six months under one contract, to replace one or more employees who are on leave without pay.

(9)           "Professional public school employee" means and includes:

(a)           teachers;

(b)           administrators (superintendents, assistant or associate superintendents, principals, assistant principals, and supervisors); and

(c)           education specialists (counselors, school social service workers, curriculum instructional specialists, school psychologists, and media personnel).

(10)         "Renewal credit" means credit earned by a certificated employee for certificate renewal purposes.

(11)         "SACS" means the Southern Association of Colleges and Schools.

(12)         "Substitute" means a person who holds a teacher's certificate, or who is a college graduate, or who has been determined by a local board to be capable of performing the duties of a substitute teacher.

(13)         "Teacher education program" means the curriculum, instructional resources and faculty that contribute to the quality of instruction and the acquisition of knowledge, skills and competencies required for professional personnel to perform effectively in the public schools.

 

History Note:        Filed as a Temporary Amendment Eff. October 10, 1995 for a period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 1987;

ARRC Objection Lodged February 22, 1990;

Amended Eff. June 1, 1996; July 1, 1995; August 1, 1990.

 

16 NCAC 06C .0102         NATURE OF LICENSURE

(a)  The SBE shall exercise its licensing authority through the department in two general areas:

(1)           The SBE shall consider for approval the teacher education programs of IHEs that belong to the SACS and that meet the requirements of Rule .0202 of this Subchapter.  The SBE shall award or deny approval to teacher education programs by the process described in 16 NCAC 6C .0202.

(2)           The SBE shall award licenses to individuals who desire to obtain employment as a professional public school employees and who meet the requirements of Section .0300 of this Subchapter.  The SBE shall act on personnel license requests according to the process contained in 16 NCAC 6C .0301.

(b)  The SBE shall base its approval on the requirements that are in effect at the time the IHE or the individual applies for approval.

 

History Note:        Authority G.S. 115C‑284(c); 115C‑296; 115C‑315(d);

                                Eff. July 1, 1986;

                                Amended Eff. August 1, 2000.

 

16 NCAC 06C .0103         STATE BOARD OF EDUCATION ACTION

 

History Note:        Authority G.S. 115C‑284(c); 115C‑296; 115C‑315(d);

                                Eff. July 1, 1986;

                                Repealed Eff. August 1, 2000.

 

SECTION .0200 ‑ TEACHER EDUCATION

 

16 NCAC 06C .0201         STATE EVALUATION COMMITTEE ON TEACHER EDUCATION

(a)  The SBE appoints a state evaluation committee on teacher education of 18 lay and professional representatives from all levels of education.  Members serve three year staggered terms, and may consecutively serve no more than two terms.  The SBE designates the chairman and secretary of the committee.

(b)  The committee performs the following functions:

(1)           reviews findings related to the compliance of IHEs with SBE rules for approval of teacher education programs, and

(2)           makes reports and recommendations to the SBE regarding teacher education program approval, based on the SBE rules.

 

History Note:        Authority G.S. 115C‑12(9)a.; 115C-296(b); N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. December 1, 1992; March 1, 1990.

 

16 NCAC 06C .0202         APPLICATION FOR APPROVAL; CRITERIA

(a)  Each IHE that seeks approval for any teacher education program must file with the department a preliminary application.

(b)  The IHE shall engage in self-study in accordance with the existing National Council for Accreditation of Teacher Education (NCATE)/state or the Teacher Education Accreditation Council (TEAC)/state protocol agreement.

(c)  When the IHE has completed all preparation phases of the self-study, the department shall send a visitation committee to verify the reports for all specialty areas for which approval is sought.

(d)  The SBE shall notify IHEs that are denied approval of the reasons for denial. The IHE may reapply after it has corrected the conditions that led to the denial of approval.

(e)  Each approved IHE shall continually review its programs. The SBE shall annually monitor student performance based upon required examinations and progression toward continuing licensure. The IHE may request or the SBE may conduct a re-evaluation at any time.

(f)  During the final year of the current approval period, the IHE shall arrange for a re-approval committee visit.

(g)  The SBE must approve any revisions to approved programs.

(h)  The SBE must approve each teacher education program before an IHE may recommend its graduates for licensure. In making recommendations to the SBE and in determining the approval status of an IHE teacher education program and its specialty area program, such as mathematics or science, the state evaluation committee and the SBE, respectively, shall weigh the following criteria:

(1)           SACS accreditation of the IHE;

(2)           either:

(A)          full accreditation or accreditation with stipulations of the professional education unit by the NCATE at the basic and advanced levels, as appropriate; or

(B)          full accreditation or provisional accreditation of the program(s) by TEAC;

(3)           all IHE specialty area program reports at the undergraduate and graduate levels;

(4)           evidence that the IHE requires at least a 2.50 grade point average on a 4.00 scale for formal admission into teacher education;

(5)           evidence that during the two preceding consecutive years, 70% of the graduates of the IHE have passed the NTE/PRAXIS exams administered by the Educational Testing Service to measure an applicant's academic and professional preparation and required for licensure;

(6)           evidence that during the two preceding consecutive years, 95% of the graduates of the IHE employed by public schools in the State have earned a continuing license as provided by Rule .0304 of this Subchapter; and

(7)           evidence that faculty members assigned by the IHE to teach undergraduate or graduate methods courses or to supervise field experiences for prospective teachers hold valid North Carolina teachers' licenses in the area(s) of their assigned responsibilities.

 

History Note:        Authority G.S. 115C‑12(9)a.; 115C-296(b); N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. December 1, 2004; August 1, 2000; July 1, 1993; December 1, 1992; March 1, 1990.

 

16 NCAC 06C .0203         INSTITUTIONAL POLICIES

16 NCAC 06C .0204         TEACHER EDUCATION POLICIES AND PROCEDURES

 

History Note:        Authority G.S. 115C‑12(9)a; N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Repealed Eff. March 1, 1990.

 

16 NCAC 06C .0205         STATE BOARD REVIEW STANDARDS AND APPROVAL ACTIONS

 

History Note:        Authority G.S. 115C‑12(9)a; 115C-296(b); N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. December 1, 1992; May 1, 1991; March 1, 1990;

Repealed Eff. August 1, 2000.

 

16 NCAC 06C .0206         CONSORTIUM-BASED PROGRAMS AND INNOVATIVE/EXPERIMENTAL PROGRAMS

 

History Note:        Authority G.S. 115C‑12(9)a; 115C-296(b); N.C. Constitution, Article IX, s. 5;

                                Eff. July 1, 1986;

                                Amended Eff. December 1, 1992;

                                Repealed Eff. August 1, 2000.

 

16 NCAC 06C .0207         PROSPECTIVE TEACHER SCHOLARSHIP LOANS

 

History Note:        Authority G.S. 115C‑471;

Eff. September 1, 1991;

Amended Eff. August 1, 2000; July 1, 1995;

Repealed Eff. January 1, 2006 (see S.L. 2005-276, s. 9.17).

 

16 NCAC 06C .0301         GENERAL INFORMATION

(a)  Any person who desires to obtain employment from a LEA in a professional position shall apply for and obtain a license from the department. Each applicant shall file an application together with an official transcript(s), a recommendation by a designated official of the approved IHE where preparation was completed, and the licensure fee specified in G.S. 115C-296(a2).

(b)  The department shall evaluate each application and its supporting documentation and shall notify each applicant of the action it takes.

(c)  An applicant who desires to upgrade, renew or add new fields to a license shall supply documentation to the department that supports the desired action.

(d)  A class "A" teaching license may be changed from early childhood, intermediate, middle grades or secondary to either of the other categories upon the applicant's completion of the program for the license. An applicant who secures credit as provided in Rule .0302 of this Section for new subject or teaching fields may have these fields added to a teaching license.

(e)  The department shall base the effective date of a license on the date the applicant completed the educational program requirements for the license. For applicants who completed these requirements before the current fiscal year in which the application is processed, the effective date shall be July 1. For applicants who have completed these requirements within the current fiscal year in which the application is processed, the effective date shall be the date the applicant completed the requirements. Every license shall expire on June 30 unless it is renewed or extended in accordance with the provisions of this Section. A provisional license issued pursuant to Rule .0305(c) of this Section shall be valid for one year. A lateral entry license issued pursuant to Rule .0305(b) of this Section shall be valid for two years. The initial license issued pursuant to Rule .0304(c)(1) of this Section shall be valid for three years. The continuing license issued pursuant to Rule .0304(c)(2) of this Section shall be valid for five years.

(f)  Any licensed person may apply to the department on forms that it shall furnish for a duplicate license, in the event the original is lost, or for the change of the applicant's name.

(g)  Professional personnel may be assigned only to areas in which the individual holds a license, a provisional license, endorsement or provisional endorsement as required by the department. The LEA may assign any licensed teacher who is the best qualified to teach remedial courses, regardless of license area. This provision shall not apply to any vocational license that has been restricted by the department as a part of completing licensure requirements.

 

History Note:        Authority G.S. 115C‑12(9)a; N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; March 1, 1990.

 

16 ncac 06c .0302         CREDIT

(a)  The department shall compute all credit for licensure, including residence, extension and correspondence credit, in semester hours.  The department shall compute credit for re-licensing or renewal purposes in quarter hours. A quarter hour shall have the value of two-thirds of a semester hour.

(b)  The department may accept extension and correspondence credit earned from an IHE that has been accredited by a national or regional accrediting authority such as SACS at the class "A" license level and below, for purposes of renewal, adding a teaching subject and removing deficiencies.  The department shall allow no more than six semester hours of correspondence credit per certificate action. For purposes of upgrading undergraduate licenses, a maximum of 10 of the 30 semester hours required for raising the license to the next higher level may be extension and correspondence credit. The IHE that has been approved under Rule .0202 of this Subchapter shall accept all credits applying to graduate licenses and licenses in the special services areas, including all licenses above the "A" level.

(c)  When a person earns credits in more than one IHE before obtaining a degree, the person shall transfer the credit to an IHE that has been approved under Rule .0202 of this Subchapter that the person has attended or expects to attend.  The person must be enrolled in a teacher education curriculum at the IHE that has been approved under Rule .0202 of this Subchapter.

(d)  A person may use credit used for renewal or reinstatement of a license of lower rank toward upgrading a license.

(e)  The department shall retain all credits submitted to it. The department shall not return transcripts nor furnish certified copies of credits to applicants.

 

History Note:        Authority G.S. 115C‑12(9)a; N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000.

 

16 NCAC 06C .0303         PROGRAM REQUIREMENTS FOR LICENSURE

In order to receive the initial regular license, an applicant must obtain the bachelor's or other required degree as specified in Paragraph (b) of Rule .0304 of this Section.  The applicant must also receive a recommendation from the IHE that includes the approval or endorsement of the administrative head of the professional education unit.  The IHE must determine that the candidate has satisfied all minimum score requirements on standard examinations specified by the SBE before it makes a recommendation.

 

History Note:        Authority G.S. 115C‑12(9)a; N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000.

 

16 ncac 06c .0304         LICENSE PATTERNS

(a)  Licenses shall indicate grade levels, content areas and specializations for which the professional shall be eligible for employment.

(b)  Licenses shall be of the following types:

(1)           Teacher. The license shall entitle the holder to teach in some designated area of specialization at the elementary, middle, or secondary level. There shall be four levels of preparation:

(A)          bachelor's degree (A level);

(B)          master's degree (G level);

(C)          sixth-year (AG level); and

(D)          doctorate (DG level).

The teacher license shall further be categorized as prekindergarten B-K, elementary K-6, middle grades 6-9, secondary 9-12, special subjects K-12, or work force development.

(2)           Administrator/supervisor. The holder may serve in generalist and program administrator roles such as superintendent, assistant or associate superintendent, principal, assistant principal or curriculum-instructional specialist. There shall be three levels of preparation:

(A)          master's degree;

(B)          sixth-year; and

(C)          doctorate.

A person shall be eligible to serve as a superintendent without qualifying for or holding a license as long as the person has earned at least a bachelor's degree from a regionally accredited college or university and has a minimum of five years leadership or managerial experience that the employing local board of education considers relevant to the position of superintendent.

(3)           Student services area. The holder may provide specialized assistance to the learner, the teacher, the administrator and the education program in general. This category shall include school counseling, school social work, school psychology, audiology, speech language pathology, and media. There shall be three levels of preparation as in the case of the administrator/supervisor, except that school psychology shall be restricted to the sixth-year or doctorate levels and school social work may be earned at the bachelor's level.

(c)  The department shall base license classification on the level and degree of career development and competence. There shall be two classifications of licenses:

(1)           The Standard Professional License I, which shall be valid for three years, shall allow the holder to begin practicing the profession on an independent basis in North Carolina. To be issued a Standard Professional License I, the individual must complete a teacher education program approved in accordance with these Rules and meet the federal requirement to be designated "highly qualified."

(2)           The Standard Professional License II shall authorize professional school service on an ongoing basis, subject to renewal every five years.

 

History Note:        Authority G.S. 115C-12(9)a;115C-271(a); N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; March 1, 1990;

Temporary Amendment Eff. December 17, 2001;

Amended Eff. January 2, 2006; April 1, 2003.

 

16 NCAC 06C .0305         LICENSES FOR NON-TEACHER EDUCATION GRADUATES

(a)  A person who has not graduated from a teacher education program that has been approved under Rule .0202 of this Subchapter who later desires to teach shall have his/her credentials evaluated by an IHE approved in accordance with these Rules or regional alternative licensing center ("RALC").  The person shall satisfy the assessment of his/her needs and be recommended by the IHE or RALC for a license.

(b)  Persons who have been selected for employment by a LEA under the lateral entry provisions of G.S. 115C-296(c) may obtain a license as follows:

(1)           To be eligible for a lateral entry license, a person shall:

(A)          have attained a bachelor's degree in the license area from a regionally-accredited IHE;

(B)          be recommended for a lateral entry license by the employing LEA; and

(C)          have had a minimum cumulative grade point average of at least a 2.5, have five years of experience considered relevant by the employing LEA, or have passed the NTE PRAXIS 1 exams (Preprofessional Skills Tests in Reading, Writing, and Mathematics) and have attained one of the following:

(i)            a grade point average of at least 3.0 on all work completed in the senior year;

(ii)           a grade point average of at least 3.0 in the major; or

(iii)          a grade point average of at least 3.0 on a minimum of 15 semester hours of coursework completed within the last 5 years.

(2)           A person who holds a lateral entry license shall complete a program that includes the following components:

(A)          completion of an approved teacher education program in the area of licensure at a college or university or completion of a program of study outlined by the RALC;

(B)          attaining a passing score on the PRAXIS subject exam(s) during the first two school years of holding the lateral entry license if the exam was not the basis of qualifying for the license;

(C)          completion of a staff development program that includes a two-week training course prior to beginning the work assignment;

(D)          completion of six semester hours of course work in the approved program each school year;

(E)           successful completion of at least a three-year initial licensure program in the lateral entry license area; and

(F)           completion of all the requirements of this Subparagraph within three years of becoming eligible for a lateral entry license and the recommendation of the IHE or RALC for a non-provisional (clear) license.

(3)           Individuals who possess five or more years of experience considered relevant by the employing LEA and who satisfy testing requirements for the licensure area within the first year of teaching shall be issued an initial license upon:

(A)          completion of the NC TEACH modules or the equivalent through an approved teacher education program: 1) The Teacher, The Learner, and The School; 2) Diversity; 3) Content Area Pedagogy;

NOTE: The NC TEACH modules are offered and administered through North Carolina colleges and universities that have approved teacher education preparation programs.

(B)          completion of the NC TEACH module on Instructional Technology or its equivalent through an approved teacher education program, community college, or through professional development offered by the employing LEA; and

(C)          completion of one year of successful teaching as verified by the employing LEA.

(4)           The employing LEA shall commit in writing to:

(A)          provide a two-week pre-work orientation that includes lesson planning, classroom organization, classroom management, and an overview of the ABCs Program including the standard course of study and end-of-grade and end-of-course testing;

(B)          assign the person a mentor on or before the first day on the job;

(C)          provide working conditions that are similar to those for novice teachers;

(D)          give regular focused feedback to the person for improving instruction; and

(E)           assist the person in accessing prescribed course work and professional development opportunities.

(c)  A person who is qualified to hold at least a class "A" teaching license may be issued additional areas of licensure on a provisional basis as needed by LEAs. The person must satisfy deficiencies for full licensure at the rate of six semester hours per year. The person must complete this yearly credit before the beginning of the following school year and the credit must be directly applicable to the provisional area(s). The person must complete all credit requirements by the end of the fifth year of provisional licensure.

(d)  The Department shall issue an emergency license to persons who hold at least a baccalaureate degree but who do not qualify for a lateral entry license. The emergency license shall be valid for one year and may not be renewed. When it requests an emergency license for a person, the LEA must document that no appropriately licensed professionals or persons who are eligible for a lateral entry license are available to accept the position.

(1)           To be eligible for an emergency license, the person must have attained a bachelor's degree from a regionally-accredited IHE and be recommended by the employing LEA.

(2)           A person who holds an emergency license shall complete a program that includes the following components:

(A)          The employing LEA shall commit in writing to:

(i)            provide a two-week pre-work orientation that includes lesson planning, classroom organization, classroom management, and an overview of the ABCs Program including the standard course of study and end-of-grade and end-of-course testing;

(ii)           assign the person a mentor on or before the first day on the job;

(iii)          provide working conditions that are similar to those for novice teachers;

(iv)          give regular focused feedback to the person for improving instruction; and

(v)           assist the person in obtaining a teaching license.

(B)          The person shall complete a staff development program that includes a two-week training course prior to beginning the work assignment.

(C)          The LEA shall provide the person with on-going support designed to enhance the person's classroom teaching performance.

 

History Note:        Authority G.S. 115C‑12(9)a; N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. January 2, 2006; August 1, 2000; March 1, 1990.

 

16 NCAC 06C .0306         LICENSE ENDORSEMENT

Within the operation of programs approved under Rule .0202 of this Subchapter, IHEs may recommend persons who qualify for full licensure for an endorsement to that license.  The department shall issue an endorsement based on a minimum of 18 hours in a specific content area where these hours are specifically related to that license area.  License endorsements shall be restricted to less than half-time teaching assignments.

 

History Note:        Authority G.S. 115C‑12(9)a; N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; March 1, 1990.

 

16 NCAC 06C .0307         LICENSE RENEWAL

(a)  Licenses shall be valid for a period of five years from the effective date of issuance. Holders must renew their licenses within each five-year period. The Department shall apply license renewal credit to the person's license field(s) and professional duties.

(b)  The Department shall base renewal or reinstatement of a license on 15 units of renewal credit. A unit of credit shall be equal to one quarter hour or two-thirds of a semester hour of IHE college or university credit, 10 hours of professional development, or one school year of teaching experience.

(c)  Effective July 1, 2007, school administrators shall earn at least five renewal credits during each renewal cycle that focus on the principal's role in teacher effectiveness, teacher evaluations, teacher support programs, teacher leadership, teacher empowerment, and teacher retention.

(d)  Currently employed personnel shall maintain an individual growth plan. These persons may obtain renewal credit for the following activities:

(1)           college or university credit;

(2)           teaching experience (one unit for each year);

(3)           earning National Board for Professional Teaching Standards certification or completion of the National Board for Professional Teaching Standards certification process, which shall result in fifteen units of renewal credit;

(4)           completing National Board for Professional Teaching Standards certification renewal, which shall result in five units of renewal credit;

(5)           completion of activities that meet the following criteria based upon one unit of renewal credit per 10 clock hours:

(A)          the activity shall be delivered in a minimum of 10 clock hours over time with on-the-job application, feedback, and follow-up;

(B)          the activity shall have identified goals and objectives that are designed to increase knowledge or skills in the person's license area or job assignment;

(C)          the activity shall include focused content and instruction that are sequenced to develop specified competencies of a specific population;

(D)          the activity shall be conducted by instructional personnel approved by the sponsoring school unit or employer; and

(E)           the activity shall include a focused evaluation designed to gauge the change in learner knowledge or skill and to guide the development of future programs;

(6)           independent study of no more than five units of renewal credit per five-year renewal period which meets the following criteria:

(A)          teachers and other licensed personnel help to develop local independent study procedures which the superintendent shall keep on file and periodically send to each licensed employee; and

(B)          the employee and the superintendent or his or her designee shall plan the experience in advance, including identification of competencies to be acquired and an evaluation to determine satisfactory achievement of those competencies.

(e)  LEAs and governing boards of schools shall assure that all local courses, workshops and independent study activities which do not carry IHE credit meet the standards contained in this Rule.

(f)  LEAs may develop an alternative license renewal plan that is competency-based and results-oriented. The plan must describe the connection among professional development, the school improvement plan, and the individual's license area or job responsibilities through processes such as peer review and annual evaluation.  The plan may waive specific hour requirements that a licensed employee must meet and focus instead on knowledge and skill acquired by participants. The plan must include outcome measures and must be submitted to the Department for review in advance of its implementation.

(g)  LEAs must adopt a procedure to determine the appropriateness of credit in advance of renewal activities.  In determining appropriateness the LEA must consider direct relationship to critical job responsibilities, school improvement plans, and SBE strategic priorities to properly establish credit for the activity. Each LEA must report on participation in and effectiveness of professional development to the North Carolina Professional Teaching Standards Commission on an annual basis.

(h)  Persons who hold a North Carolina license but who are not currently employed in the public schools or by governing boards of nonpublic schools may earn renewal credit in college or university credit activities, or local courses and workshops on the same basis as currently employed persons.  The Department shall evaluate the appropriateness of the credits based on their direct relationship to the license field, the suitability of the content level, and the requirements set out in Paragraph (d) of this Rule.

 

History Note:        Authority G.S. 115C‑12(9)(a); N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. January 2, 2006; August 1, 2000; January 2, 1998; July 1, 1994; December 1, 1991.

 

16 NCAC 06C .0308         EXPIRED LICENSES

All expired licenses shall be invalid until reinstated. An applicant must earn a minimum of 15 units of credit during the five-year period immediately preceding the date of application for reinstatement to be eligible for reinstatement. A reinstated license shall be valid for a five-year period that begins from the date of completion of the required credits.

 

History Note:        Authority G.S. 115C‑12(9)a; N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000.

 

16 NCAC 06C .0309         RECIPROCITY IN LICENSURE

Persons who have not completed a teacher education program in this state that has been approved under Rule .0202 of this Subchapter shall be eligible for a license by the department at the class "A" level as follows:

(1)           graduates of institutions outside the state that are accredited by the National Council for Accreditation of Teacher Education, provided that:

(a)           the applicant seeks a license in his major area(s) of preparation;

(b)           the applicant is recommended by the preparing institution for a license in his major area(s) of preparation;

(c)           the recommendation is supported by an official transcript supplied by the institution; and

(d)           the applicant seeks a license in an area or level of teaching for which the department provides a license;

(2)           teachers accepted from other states under G.S. 115C-349 through 115C-358;

(3)           graduates who meet the standards developed by the National Association of State Directors of Teacher Education and Certification; and

(4)           teacher education graduates of out-of-state institutions that are accredited by a national or regional accrediting authority such as SACS who do not meet the requirements of Items (1)-(3) of this Rule, as follows:

(a)           The department shall issue a reciprocity license, which is a provisional license that is valid for one year. The department shall remove the provisional limitation after the person has taught for one school year.

(b)           The license shall cover only the areas and levels in which the applicant holds, or is qualified to hold, an out-of-state license.

(c)           A person who holds a reciprocity license must satisfy the renewal requirements of Rule .0307 of this Section.

(d)           The applicant must hold or be qualified to hold the highest grade current license in the state in which the applicant completed the bachelor's level teacher education program.

 

History Note:        Authority G.S. 115C‑12(9)a; N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; March 1, 1990.

 

16 NCAC 06C .0310         STANDARD EXAMINATIONS

 

History Note:        Authority G.S. 115C‑12(9)a.; N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. February 1, 1995; July 1, 1994; July 1, 1993; May 1, 1991;

Codifier determined that agency findings did not meet criteria for temporary rule;

Temporary Amendment Eff. July 30, 1997;

Repealed Eff. March 5, 1998 pursuant to S.L. 1997-383.

 

16 NCAC 06C .0311         TEMPORARY PERMIT

(a)  A candidate for a license who has not met the standard examinations requirement shall receive a temporary permit if:

(1)           the candidate did not know that a minimum standard examination score was required for a license; and

(2)           the candidate has not had the opportunity to satisfy this requirement after becoming aware of it.

(b)  A temporary permit shall be valid for the remainder of the fiscal year during which the permit is established. Graduates of in-state programs approved under Rule .0202 of this Subchapter shall not be eligible for a temporary permit.

 

History Note:        Authority G.S. 115C-12(9)a.; N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; March 1, 1990;

Temporary Amendment Eff. June 20, 2001;

Temporary Amendment Expired March 29, 2002.

 

16 NCAC 06C .0312         LICENSE SUSPENSION AND REVOCATION

(a)  Except for automatic revocations taken pursuant to G.S. 115C-296(d)(2), the SBE may deny an application for a license or may suspend or revoke a license issued by the department only for the following reasons:

(1)           fraud, material misrepresentation or concealment in the application for the license;

(2)           changes in or corrections of the license documentation that make the individual ineligible to hold a license;

(3)           conviction or entry of a plea of no contest, as an adult, of a crime if there is a reasonable and adverse relationship between the underlying crime and the continuing ability of the person to perform any of his/her professional functions in an effective manner;

(4)           final dismissal of a person by a local board pursuant to G.S. 115C-325(e)(1)b., if there is a reasonable and adverse relationship between the underlying misconduct and the continuing ability of the person to perform any of his/her professional functions effectively;

(5)           final dismissal of a person by a LEA under G.S. 115C-325(e)(1)e.;

(6)           resignation from employment with a LEA without thirty work days' notice, except with the prior consent of the local superintendent;

(7)           revocation of a license by another state;

(8)           any other illegal, unethical or lascivious conduct by a person, if there is a reasonable and adverse relationship between the underlying conduct and the continuing ability of the person to perform any of his/her professional functions in an effective manner; and

(9)           failure to report revocable conduct as required under Paragraph (b) of this Rule.

(b)  In addition to any duty to report suspected child abuse under G.S. 7B-301, any superintendent, assistant superintendent, associate superintendent, personnel administrator or principal who knows or has reason to believe that a licensed employee of the LEA has engaged in behavior that would justify revocation of the employee's license under Subparagraphs (3), (4) or (8) of Paragraph (a) of this Rule and which behavior involves physical or sexual abuse of a child shall report that information to the Superintendent of Public Instruction no later than five working days after the date of a dismissal or other disciplinary action or the acceptance of a resignation based upon that conduct.  For purposes of this section, the term "physical abuse" shall mean the infliction of physical injury other than by accidental means and other than in self-defense. The term "sexual abuse" shall mean the commission of any sexual act upon a student or causing a student to commit a sexual act, regardless of the age of the student and regardless of the presence or absence of consent. This paragraph shall apply to acts that occur on or after October 1, 1993.

(c) Upon the receipt of a written request and substantiating information from any LEA, local superintendent or other person in a position to present information as a basis for the suspension or revocation of a person's license, the Superintendent of Public Instruction shall conduct an investigation sufficient to determine whether reasonable cause exists to believe that the person's license should be suspended or revoked.  If the Superintendent determines that reasonable cause exists to believe that the person's license should be suspended or revoked on one or more of the grounds specified in Paragraph (a) of this Rule, the Superintendent shall prepare and file written charges with the SBE.  The SBE shall review the written charges and determine whether the person's license should be suspended or revoked based on the information contained in the written charges. If the SBE determines that the written charges constitute grounds for suspension or revocation, it shall provide the person with a copy of the written charges, and notify the person that it shall revoke the person's license unless the person, within 60 days of receipt of notice, initiates administrative proceedings under G.S. 150B-3.  The notice shall be sent certified mail, return receipt requested.  If the person initiates administrative proceedings the SBE shall defer final action on the matter until receipt of a proposed decision as provided for in G.S. 150B-34. If the person does not initiate administrative proceedings within 60 days of receipt of notice, the SBE may suspend or revoke the person's license at its next meeting.

(d)  The SBE may suspend an individual's license for a stated period of time or may permanently revoke the license, except as limited by G.S. 115C-325(o).

(e)  The SBE may accept the voluntary surrender of a license in lieu of seeking revocation of the license. Before it accepts a voluntary surrender the SBE shall make findings of fact regarding the circumstances surrounding the voluntary surrender to demonstrate that grounds existed under which the SBE could have initiated license revocation proceedings. The SBE shall treat a voluntary surrender the same as a revocation.

(f)  The SBE may reinstate a suspended or revoked license or may grant a new license after denial of a license under Paragraph (a) of this Rule upon an individual's application submitted no sooner than six months after the suspension, revocation, or denial, and a showing that:

(1)           the action that resulted in suspension, revocation or denial of the license did not involve abuse of minors; moral turpitude or grounds listed in G.S. 115C-325(e)(1)b;

(2)           the person has no record of subsequent behavior that could have resulted in license revocation; and

(3)           there is no court order or judicial determination that would prohibit the person from returning to or holding a licensed position.

(g)  The SBE shall notify all other states of all actions which involve the, suspension, revocation, surrender, or reinstatement of a certificate.

 

History Note:        Authority G.S. 115C‑12(9)a.; N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. January 1, 1988;

ARRC Objection Lodged Eff. February 22, 1990;

ARRC Objection Removed Eff. March 15, 1990;

Amended Eff. December 1, 2004; August 1, 2000; October 1, 1993; November 1, 1990; August 1, 1990.

 

16 NCAC 06C .0313         CRIMINAL HISTORY CHECKS

(a)  An LEA may obtain criminal history checks on applicants for employment as provided in G.S. 115C-332 and on applicants and current employees as provided in G.S. 114-19.2(a).

(b)  An LEA shall not make any employment decision based solely upon the criminal history check (computer printout) provided by the Department of Justice whether provided pursuant to G.S. 115C-332 or G.S. 114-19.2(a). An LEA shall obtain from the repository of the record a certified copy of the applicant's or employee's conviction or shall consult with legal counsel prior to making a final employment decision based on the conviction.

(c)  An LEA shall maintain data from a criminal history check from Department of Justice in paper format only, in a locked, secure place, separate from the individual's personnel file. Only those officials who have been designated by the local board of education as having a need to know the results of a criminal history check may obtain access to the records. Certified copies of records of convictions are public records and need not be maintained in accordance with this Rule.

(d)  In the event that the LEA discovers as a result of a criminal history check from Department of Justice that any applicant or employee who possesses a license issued by the SBE has a criminal history, the LEA shall notify in writing the SBE office of legal counsel and shall submit to that office a certified copy of the record of conviction or convictions or information of where to obtain the record of conviction, including the person's name, criminal case number and the county of conviction. The office of legal counsel may initiate license revocation as appropriate.

(e)  Nothing in this Rule is intended to prohibit suspension with or without pay or demotion or dismissal pursuant to the provisions of G.S. 115C-325 without any requirement that there be actual conviction of a crime.

 

History Note:        Filed as a Temporary Adoption Eff. October 10, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority 1995 S.L., c. 373, s. 3;

Eff. June 1, 1996;

Amended Eff. August 1, 2000.

 

section .0400 – annuities and pensions

 

16 NCAC 06C .0401         VACATION LEAVE

(a)  All full-time or part-time permanent public school employees who are working or on paid leave for at least one-half of the calendar days in a month shall earn vacation leave, based on length of state service in North Carolina.

(b)  A part-time permanent employee in a budgeted position shall earn vacation leave on a pro rata basis.

(c)  Local boards of education may choose to record leave earned in hours. If leave is recorded in hours, the leave earned as indicated in this Paragraph shall be multiplied times the regular number of hours worked per day. Employees shall earn vacation leave as follows:

                Yrs. of                                                                   Days Per Month

                State Service                                                         of Employment

Less than 2 yrs.                                                    1.00

2 but less than 5 yrs.                                            1.15

5 but less than 10 yrs.                                         1.40

10 but less than 15 yrs.                                       1.65

15 but less than 20 yrs.                                       1.90

20 yrs. or more                                                     2.15

(d)  LEAs shall credit state service for full-time or part-time permanent employment figured on the same basis as for longevity pay. The LEA must establish the anniversary date for each employee on the basis of the employee's state service.

(e)  The LEA may advance vacation leave to an employee.

(f)  The LEA shall transfer unused vacation leave when an employee transfers between LEAs. An employee may have leave transferred to or from a state agency or institution, community college or technical institute, a position subject to the State Personnel Act in a local mental health center, public health, social services or emergency management agency, if the receiving agency is willing to accept the leave; otherwise, the employee shall be paid in a lump sum for accumulated leave not to exceed 30 workdays or 240 hours, according to the earning rate.

(g)  Leave payment at separation shall be subject to the following:

(1)           An employee who is overdrawn on leave when he or she separates will have the excess leave corrected through a deduction from the final salary check.

(2)           Payment for leave may be made on the regular payroll or on a supplemental payroll. The LEA shall make payment from the same source of funds and in the same proportion as the employee's salary is paid.

(3)           Terminal leave payment shall be subject to the same deductions as salary, including retirement.

(4)           The receipt of lump sum payment and retirement benefit shall not be deemed dual compensation.

(5)           The LEA shall make payment for unpaid salary, terminal leave and travel of a deceased employee to the personal representative of the deceased employee, or if there is no personal representative, to the Clerk of Superior Court of the county in which the employee resided.

(h)  Each LEA shall maintain leave records for all employees. LEAs must inform employees of their leave balances at least once a year. LEAs must retain leave records for separated employees for at least five years from the date of separation.

(i)  Leave must be taken in one-half days, whole days, or hours as determined for earning purposes by the local board.

(j)  School bus drivers and instructional personnel who require a substitute may take vacation leave only on days when students are not in attendance. Instructional personnel who do not require a substitute may take vacation leave on any day school is in session. LEAs may designate specific scheduled workdays for required attendance.  Employees may charge leave taken only to scheduled teacher workdays and the ten vacation leave days scheduled in the school calendar.

(k)  Other employees may take vacation leave instead of sick leave. These employees must have an opportunity to take annual leave earned in the school year.

 

History Note:        Authority G.S. 115C-272; 115C-285; 115C-302.1; 115C-316;

Eff. July 1, 1986;

Amended Eff. July 1, 1994; October 1, 1993; December 1, 1991; March 1, 1990;

Temporary Amendment Eff. November 15, 1995;

Amended Eff. July 1, 2001.

 

16 NCAC 06C .0402         SICK LEAVE

(a)  Public school employees who earn vacation leave shall also earn sick leave. Full-time employees shall earn one day per month or the number of hours worked daily by a full time employee in that class of work. Part-time employees shall earn and may use sick leave in proportion to the part of the day for which they are employed.

(b)  The LEA may allow sick leave to be used for temporary disability which prevents an employee from performing his or her usual duties, illness in the employee's immediate family and attendant medical appointments which require the employee's attendance, death in the immediate family and medical appointments for the employee.  For purposes of this Rule the term immediate family shall include spouse, children, parents, brothers, sisters, grandparents, grandchildren, and dependents living in the household.  The term shall also include the step, half, and in-law relationships.  An employee of any public school system may contribute vacation or sick leave to another immediate family member who is employed by any State agency or public school system.

(c)  Employees must take leave in one-half days, whole days, or hours as determined for earning purposes by the local board.

(d)  Employees may accumulate sick leave indefinitely and may transfer sick leave as in the case of vacation leave.

(e)  LEAs may advance sick leave not to exceed the amount which would be earned within the school year.

(f)  An employee who is overdrawn on sick leave when the employee separates from service will have the excess leave corrected through a deduction from the final salary check.

(g)  If the period of sick leave taken is less than 30 days, the employee will return to his or her position with the LEA. If the period of temporary disability exceeds 30 days, the superintendent shall determine when the employee is to be reinstated. The superintendent makes this decision based on the welfare of the students and the need for continuity of instruction.

(h)  The LEA shall credit an employee who separates from service and returns within 60 months with all sick leave accumulated to the time of separation.

(i)  Permanent full or part-time instructional personnel, excluding teacher assistants, who are absent due to their personal illness or injury in excess of their accumulated sick leave, shall be allowed extended sick leave of up to 20 work days throughout the regular term of employment.  These days do not have to be consecutive. A new employee must have reported to work to be eligible for extended sick leave. The superintendent may require a doctor's certificate or other proof acceptable to the superintendent of the reason for the absence.

(j)  An LEA may establish a voluntary sick leave bank for its employees.  Any employee of an LEA that establishes a voluntary sick leave bank may, but is not required to, participate in the voluntary sick leave bank.

(1)           The LEA shall develop and implement a plan for participation that shall include those factors listed in G.S. 115C-336(b)(i)-(vii) and the following:

(A)          a uniform number of days to be contributed to the bank by participants;

(B)          provisions for legitimate usage of days by participants;

(C)          means to protect against overdraft of total contributed days; and

(D)          safeguards to prevent abuses by participants.

(2)           The LEA shall establish a sick leave bank committee to administer the sick leave bank.

(A)          The LEA shall assure that all local personnel are equitably represented on the committee.

(B)          The LEA shall develop operational rules for the efficient and effective functioning of the bank.

(C)          The LEA shall develop procedures for participants’ usage of days based upon requirements in the plan.

(D)          The LEA shall specify the limits of the committee’s authority.

(E)           The committee shall notify all participating employees of the ways in which their participation will affect their state retirement account.

(3)           The LEA shall ensure that its operational procedures require:

(A)          that payment of substitutes and matching social security are charged to the appropriate program report code; and

(B)          the reporting to the division of school business services of the Department of the number of employees participating itemized by job classification, the number of sick leave days withdrawn, the cost of the leave, and other data required for fiscal and programmatic accountability.

 

History Note:        Authority G.S. 115C-12(8); 115C-336;

Eff. July 1, 1986;

Amended Eff. June 1, 1994; October 1, 1993; July 1, 1992; March 1, 1990;

Temporary Amendment Eff. November 8, 1999;

Amended Eff. April 1, 2001.

 

16 NCAC 06C .0403         SUBSTITUTES

(a)  LEAs shall employ all substitutes deemed necessary for the efficient operation of the unit.  The superintendent determines the need to employ a substitute for a non‑teaching assistant principal, principal or supervisor.

(b)  LEAs employ substitute teachers in units of half or whole days.

(c)  The LEA pays substitutes as follows:

(1)        A person who substitutes for a non‑teaching assistant principal, principal or supervisor is paid from local funds.

(2)        Unless required to be otherwise, a substitute for the regular teacher is paid from the same source of funds as the regular teacher is paid.

(d)  Absences not covered in Rule .0404 require the appropriate amount of substitute teacher pay to be deducted from the regular teacher's salary.  These absences include extended sick leave as explained in Paragraph (f) of this Rule, personal leave and in‑state meetings of no longer than 3 days or out‑of‑state meetings of no longer than 5 days, and not to exceed a total of 10 days within the school year, for professional responsibilities and attendance at professional meetings.  The superintendent must approve these absences.  The time limitations of this Rule do not apply to a person who is the local or district president or president‑elect or a state or national officer of an educational professional organization, or to a person selected as National Teacher of the Year from this state.

(e)  Teachers earn personal leave at the rate of one‑half day for every two and one‑half months .20 days for full month of employment and may accumulate five personal leave days.  Teachers may transfer these days between LEAs.  A teacher who requests personal leave at least five days in advance of the date desired is not required to give a reason for the leave.  No teacher may take personal leave on the first day teachers are required to report for the school year, required teacher workdays, the day before or the day after holidays or scheduled vacation days, except as approved by the principal.  The LEA shall credit a teacher who has separated from service and is re‑employed within 60 months from the date of separation with all personal leave, up to the five‑day maximum, accumulated at the time of separation.  The LEA may not advance personal leave beyond that which a teacher earns.  Teachers may take personal leave in units of one‑half or whole days.

(f)  If the regular teacher vacates a teaching position during the school year, that teacher receives the regular compensation for the actual days employed during the current month, adjusted for overdrawn leave or unpaid longevity pay.  If the LEA employs an interim teacher to fill the vacancy until a regular teacher is available, the LEA pays the interim teacher as follows:

(1)        For service of no more than 10 teaching days, the person is paid as a substitute.

(2)        For service in excess of 10 teaching days, the person is paid on the basis of the person's certified salary rating.  The person may elect to be paid as a substitute.

 

History Note:        Authority G.S. 115C‑12(8);

Eff. July 1, 1986;

Amended Eff. October 1, 1993; October 1, 1990; March 1, 1990; August 1, 1987.

 

16 NCAC 06C .0404         LEAVE WITH PAY

The LEA shall not make deductions from public school employees' salaries in the following cases:

(1)           The employee is absent on sick leave in accordance with Rule .0402 of this Section.

(2)           The employee is absent due to community responsibility, as approved by the superintendent. Substitutes for these persons may not be paid from state funds.

(3)           The employee is attending meetings or performing duties as a member of the SBE, the State Textbook Commission, the Board of Governors of the Governor's Schools, a case manager hearing, or a commission or committee appointed by the Governor, the State Superintendent, the SBE or the General Assembly. Substitutes for these persons will be paid from state funds.

(4)           The employee is absent due to jury duty, attendance at court in connection with the employee's official duties, or attendance at court under subpoena or court order as a witness to a crime.  The employee may not receive witness fees in addition to regular salary.

(5)           The employee has been assigned by the superintendent to attend an in-service school project conducted by the administrative unit. Substitutes for these persons will be paid from local funds.

(6)           The employee has been suspended with pay under G.S. 115C-325(f1). The LEA shall pay persons employed to replace the suspended employee a salary based on the replacement's certification. The LEA shall make payment from the same source of funds as the person suspended was paid.

(7)           The employee is absent pursuant to 1 NCAC 8C .2900 (military leave).

(8)           The employee is absent due to injury or disability which is covered by G.S. 115C-338.

(9)           The employee may be absent for no more than two days in a school year due to bona fide religious holidays which are not already scheduled as vacation days or holidays in the school calendar. The superintendent must approve these absences in advance and the employee must make up the time missed.

(10)         Upon recommendation of the superintendent, the local board of education may grant leave with pay for elected officers of professional organizations, provided the organization pays the full salary and all benefit costs for the employee on leave.

 

History Note:        Authority G.S. 115C-12(8); 115C-408; N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. July 1, 2001; March 1, 1990; August 1, 1987.

 

16 NCAC 06C .0405         LEAVE WITHOUT PAY

Whenever possible, public school employees shall give advance notice of requests for leaves of absence, subject to rules of the LEA.  LEAs may determine the beginning or ending date of leaves of absence, except for military leave.  LEAs may provide educational leave, but they may not use state funds for this purpose.  LEAs may allow leaves of absence for permanent employees as follows:

(1)        An employee is granted a leave of absence without pay under 1 NCAC 8C .2900 (military leave).

(2)        An employee is granted a leave of absence without pay up to one calendar year for the birth or adoption of a child.  This period may, with the approval of the local board, be extended for the remainder of the school year when the leave would otherwise end in the latter half of the school year.

(3)        An employee may be granted a leave of absence without pay for periods as granted in the discretion of the superintendent and in accordance with rules adopted by the LEA.

 

History Note:        Authority G.S. 115C‑12(8); 115C‑408; N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. March 1, 1990.

 

16 ncac 06C .0406         military duty without loss of pay

Public school employees including charter school employees on leaves of absence for State or federal military duty under honorable service status, for required training, or for special emergency management service shall be paid the difference in military base pay and State salary, including non-performance based bonuses, when the military pay is less than the State salary. Differential pay for military duty after July 1, 2002 shall be paid from the same source of funds as the public school salary.

 

History Note:        Authority G.S. 115C-302.1(g1);

Eff. December 1, 2004.

 

16 NCAC 06C .0407         Flexible Furlough Leave

 

History Note:        Authority N.C. Constitution, Article X, Sec. 5; S.L. 2010-31, sec. 29.1(a) July 1, 2010; G.S. 150B-21.1A;

Emergency Adoption Eff. June 4, 2009 to expire on January 1, 2010 (Authority Executive Order Number Eleven, April 28, 2009; Session Law 2009-26, Sec. 6, May 18, 2009);

Emergency Adoption expired January 1, 2010;

Emergency Adoption Eff. August 17, 2010 to expire June 30, 2011 (see S.L. 2010-31).

 

SECTION .0500 – PERFORMANCE APPRAISAL SYSTEM

 

16 NCAC 06C .0501         GENERAL PROVISIONS

(a)  Each LEA shall provide for the evaluation of all professional employees pursuant to G.S. 115C-333.  The LEA shall base this evaluation upon performance standards and criteria contained in this Rule unless the LEA shall adopt an alternative evaluation pursuant to G.S. 115C-333(a).  LEAs may adopt additional standards and criteria that are not in conflict with those adopted by the SBE, the General Statutes, or with this Section.

(b)  The person to whom an employee reports as designated in the job description, or that person’s designee as approved by the superintendent, shall evaluate the employee.

(c)  The LEA shall inform all personnel of their job descriptions and the performance standards and criteria applicable to their position at the time of employment or the beginning of the school year.

(d)  The process for evaluating professional public school employees shall be as follows:

(1)           All initially licensed and probationary status teachers shall have three observations conducted by a school administrator and one by a teacher and a summative appraisal conducted on an annual basis.

(2)           All teachers who have less than four years of public school teaching experience shall be evaluated using the current teacher performance appraisal instrument unless the local board of education shall adopt an alternative evaluation instrument for these teachers that is validated, that reflects the performance standards and criteria contained in this Rule, and that addresses improving student achievement and employee skills and knowledge.

(3)           Local school administrative units may conduct more than three observations for personnel identified by the local school administrative unit as requiring more frequent observations.

(e)  Each LEA shall provide orientation on the performance appraisal process to its personnel.

(f)  The performance appraisal shall address the following criteria:

(1)           a basis for self-improvement by professional personnel;

(2)           data for planning staff development activities for personnel at the school, administrative unit, regional and state levels; and

(3)           data for employment decisions.

(g)  Each person may place written comments regarding the evaluation on their performance appraisal instruments.

(h)  Each LEA shall adopt a rating scale for the evaluation or use the following scale:

(1)           Unsatisfactory. Performance is consistently inadequate or unacceptable and most practices require considerable improvement to minimum performance expectations. Teacher requires close and frequent supervision in the performance of all responsibilities.

(2)           Below Standard. Performance is sometimes inadequate or unacceptable and needs improvement. Teacher requires supervision and assistance to maintain an adequate scope of competencies, and sometimes fails to perform additional responsibilities as assigned.

(3)           At Standard. Performance is consistently adequate or acceptable. Teaching practices fully meet all performance expectations at an acceptable level. Teacher maintains an adequate scope of competencies and performs additional responsibilities as assigned.

(4)           Above Standard. Performance is consistently high. Teaching practices are demonstrated at a high level.  Teacher seeks to expand scope of competencies and undertakes additional appropriate responsibilities.

 

History Note:        Authority G.S. 115C-333;

Eff. July 1, 1986;

Amended Eff. April 1, 2001; September 1, 1999.

 

16 NCAC 06C .0502         HEARINGS UNDER G.S. 115C-325(J) AND (J3)

In hearings conducted by a case manager under G.S. 115C-325(j) and by a local board of education under G.S. 115C-325(j3), the superintendent shall:

(1)           provide the facility in which the hearing is to be conducted; and

(2)           employ a certified court reporter to record and if requested to transcribe the proceedings.

 

History Note:        Authority G.S. 115C-325(j)(2);

Eff. July 1, 1986;

Temporary Amendment Eff. October 10, 1997;

Amended Eff. March 15, 1999.

 

16 NCAC 06C .0503         TEACHER EVALUATION PROCESS

(a)  The intended purpose of the North Carolina Teacher Evaluation Process is to assess the teacher's performance in relation to the North Carolina Professional Teaching Standards and to design a plan for professional growth.  The principal or a designee (hereinafter "principal") shall conduct the evaluation process in which the teacher shall participate through the use of self-assessment, reflection, presentation of artifacts, and classroom demonstration(s).

(b)  A local board of education shall use the North Carolina Professional Teaching Standards and North Carolina Teacher Evaluation Process unless it develops an alternative evaluation that is properly validated and that includes standards and criteria similar to those in the North Carolina Professional Teaching Standards and North Carolina Teacher Evaluation Process.

(c)  The North Carolina Teacher Evaluation Process shall include the following components:

(1)           Training.  Before participating in the evaluation process, all teachers, principals and peer evaluators must complete training on the evaluation process.

(2)           Orientation.  Within two weeks of a teacher's first day of work in any school year, the principal shall provide the teacher with a copy of or directions for obtaining access to a copy of:

(A)          The Rubric for Evaluating North Carolina Teachers (16 NCAC 06C .0504);

(B)          This policy; and

(C)          A schedule for completing all the components of the evaluation process.  Copies may be provided by electronic means.

(3)           Teacher Self Assessment.  Using the Rubric for Evaluating North Carolina Teachers, the teacher shall rate his or her own performance at the beginning of the year and reflect on his or her performance throughout the year.

(4)           Pre-Formal Observation Conference.  Before the first formal observation, the principal shall meet with the teacher to discuss the teacher's self-assessment based on the Rubric for Evaluating North Carolina Teachers, the teacher's most recent professional growth plan, and the lesson(s) to be observed.  The teacher shall provide the principal with a written description of the lesson(s). The goal of this conference is to prepare the principal for the observation. Pre-Observation conferences are not required for subsequent observations.

(5)           Observations.

(A)          A formal observation shall last at least 45 minutes.

(B)          Probationary Teachers shall have at least three formal observations conducted by the principal and one formal observation conducted by a peer.

(C)          Career Status Teachers shall be evaluated annually, unless the LEA establishes a different evaluation cycle for career teachers.  During the year in which a career status teacher participates in a summative evaluation, the principal shall conduct at least three observations, including at least one formal observation.  During observations, the principal and peer (in the case of a probationary teacher) shall note the teacher's performance in relationship to the applicable Standards on the Rubric for Evaluating North Carolina Teachers.

(6)           Post-Observation Conference.  The principal shall conduct a post-observation conference no later than ten school days after each formal observation.  During the post-observation conference, the principal and teacher shall discuss and document on the Rubric the strengths and weaknesses of the teacher's performance during the observed lesson.

(7)           Summary Evaluation Conference and Scoring the Teacher Summary Rating Form. Prior to the end of the school year and in accordance with LEA timelines, the principal shall conduct a summary evaluation conference with the teacher.  During the summary evaluation conference, the principal and teacher shall discuss the teacher's self-assessment, the teacher's most recent Professional Growth Plan, the components of the North Carolina Teacher Evaluation Process completed during the year, classroom observations, artifacts submitted or collected during the evaluation process and other evidence of the teacher's performance on the Rubric.  At the conclusion of the North Carolina Teacher Evaluation Process, the principal shall:

(A)          Give a rating for each Element in the Rubric;

(B)          Make a written comment on any Element marked "Not Demonstrated";

(C)          Give an overall rating of each Standard in the Rubric;

(D)          Provide the teacher with the opportunity to add comments to the Teacher Summary Rating Form;

(E)           Review the completed Teacher Summary Rating Form with the teacher; and

(F)           Secure the teacher's signature on the Record of Teacher Evaluation Activities and Teacher Summary Rating Form.

(8)           Professional Development Plans.

(A)          Individual Growth Plans:  Teachers who are rated at least "Proficient" on all the Standards on the Teacher Summary Rating Form shall develop an Individual Growth Plan designed to improve performance on specifically identified Standards and Elements.

(B)          Monitored Growth Plans:  A teacher shall be placed on a Monitored Growth Plan whenever he or she is rated "Developing" on one or more Standards on the Teacher Summary Rating Form and is not recommended for dismissal, demotion or nonrenewal.  A Monitored Growth Plan shall, at a minimum, identify the Standards and Elements to be improved, the goals to be accomplished and the activities the teacher shall undertake to achieve Proficiency, and a timeline which allows the teacher one school year to achieve Proficiency.  A Monitored Growth Plan that meets those criteria shall be deemed to satisfy the requirements of G.S. 115C-333(b). 

(C)          Directed Growth Plans:  A teacher shall be placed on a Directed Growth Plan whenever he or she is rated "Not Demonstrated" on any Standard on the Teacher Summary Rating Form or "Developing" on one or more Standards on the Teacher Summary Rating Form for two sequential years and is not recommended for dismissal, demotion or nonrenewal.  The Directed Growth Plan shall, at a minimum, identify the Standards and Elements to be improved, the goals to be accomplished, the activities the teacher shall complete to achieve Proficiency, a timeline for achieving Proficiency within one school year or such shorter time as determined by the LEA.  A Directed Growth Plan that meets those criteria shall be deemed to satisfy the requirements of G.S. 115C-333(b).

(9)           Effective Dates and Effect on Licensing and Career Status.  Effective with the 2008-2009 school year, LEAs may evaluate teachers using this policy.  Effective with the 2010-2011 school year, all teachers in North Carolina shall be evaluated using this policy unless a local board develops an alternative evaluation that is properly validated and that includes standards and criteria similar to those in the North Carolina Professional Teaching Standards and North Carolina Teacher Evaluation Process in which case the local board shall use that instrument.

(d)  Beginning Teachers: Effective 2010-2011, beginning teachers must be rated "Proficient" on all five North Carolina Professional Teaching Standards on the most recent Teacher Summary Rating Form in order to be eligible for the Standard Professional 2 License.

(e)  Probationary Teachers: Effective 2010-2011, a principal must rate a probationary teacher as "Proficient" on all five North Carolina Professional Teaching Standards on the most recent Teacher Summary Rating Form before recommending that teacher for career status.

 

History Note:        Authority G.S. 115C-333; N.C. Constitution, Article IX, Sec. 5;

Eff. May 1, 2009.

 

16 NCAC 06C .0504         RUBRIC FOR EVALUATING TEACHERS

(a)  Teachers shall be evaluated on the following Standards and Elements:

(1)           Elements of Standard 1:  Teachers demonstrate leadership.

(A)          Teachers lead in their classrooms.  Teachers demonstrate leadership by taking responsibility for the progress of all students to ensure that they graduate from high school, are globally competitive for work and postsecondary education, and are prepared for life in the 21st century.  Teachers communicate this vision to their students. Using a variety of data sources, they organize, plan, and set goals that meet the needs of the individual student and the class. Teachers use various types of assessment data during the school year to evaluate student progress and to make adjustments to the teaching and learning process. They establish a safe, orderly environment, and create a culture that empowers students to collaborate and become lifelong learners.

(B)          Teachers demonstrate leadership in the school.  Teachers work collaboratively with school personnel to create a professional learning community. They analyze and use local, state, and national data to develop goals and strategies in the school improvement plan that enhances student learning and teacher working conditions. Teachers provide input in determining the school budget and in the selection of professional development that meets the needs of students and their own professional growth. They participate in the hiring process and collaborate with their colleagues to mentor and support teachers to improve the effectiveness of their departments or grade levels.

(C)          Teachers lead the teaching profession.  Teachers strive to improve the teaching profession. They contribute to the establishment of positive working relationships in the school. They actively participate in and advocate for the decision-making structures in education and government that take advantage of the expertise of teachers. Teachers promote professional growth for all educators and collaborate with colleagues to improve the profession.

(D)          Teachers advocate for schools and students.  Teachers advocate for positive change in policies and practices affecting student learning. Teachers participate in the implementation of initiatives to improve the education of students.

(E)           Teachers demonstrate high ethical standards.  Teachers demonstrate ethical principles including honesty, integrity, fair treatment, and respect for others. Teachers uphold the Code of Ethics for North Carolina Educators and the Standards for Professional Conduct.

(2)           Elements of Standard 2: Teachers establish a respectful environment for a diverse population of students.

(A)          Teachers provide an environment in which each child has a positive, nurturing relationship with caring adults.  Teachers provide an environment for student learning that is inviting, respectful, supportive, inclusive, and flexible.

(B)          Teachers embrace diversity in the school community and in the world.  Teachers demonstrate their knowledge of the history of diverse cultures and their role in shaping global issues. Teachers actively select materials and develop lessons that counteract stereotypes and incorporate histories and contributions of all cultures. Teachers recognize the influence of race, ethnicity, gender, religion, and other aspects of culture on a student's development and personality. Teachers strive to understand how a student's culture and background may influence his or her school performance. Teachers consider and incorporate different points of view in their instruction.

(C)          Teachers treat students as individuals.  Teachers maintain high expectations, including graduation from high school, for students of all backgrounds. Teachers appreciate the differences and value the contribution of each student in the learning environment by building positive, appropriate relationships.

(D)          Teachers adapt their teaching for the benefit of students with special needs.  Teachers collaborate with the range of support specialists to help meet the special needs of all students. Through inclusion and other models of effective practice, teachers engage students to ensure that their needs are met.

(E)           Teachers work collaboratively with the families and significant adults in the lives of their students.  Teachers recognize that educating children is a shared responsibility involving the school, parents or guardians, and the community. Teachers improve communication and collaboration between the school, the home, and the community in order to promote trust and understanding and build partnerships with all segments of the school community. Teachers seek solutions to overcome cultural and economic obstacles that may stand in the way of effective family and community involvement in the education of their students.

(3)           Elements of Standard 3:  Teachers know the content they teach.

(A)          Teachers align their instruction with the North Carolina Standard Course of Study.  Teachers investigate the content standards developed by professional organizations in their specialty area. Teachers develop and apply strategies to make the curriculum rigorous and relevant for all students and provide a balanced curriculum that enhances literacy skills. Elementary teachers have explicit and thorough preparation in literacy instruction. Middle and high school teachers incorporate literacy instruction within the content area or discipline.

(B)          Teachers know the content appropriate to their teaching specialty.  Teachers bring a richness and depth of understanding to their classrooms by knowing their subjects beyond the content they are expected to teach and by directing students' natural curiosity into an interest in learning. Elementary teachers have broad knowledge across disciplines. Middle school and high school teachers have depth in one or more specific content areas or disciplines.

(C)          Teachers recognize the interconnectedness of content areas/disciplines.  Teachers know the links and vertical alignment of the grade or subject they teach and the North Carolina Standard Course of Study. Teachers understand how the content they teach relates to other disciplines in order to deepen understanding and connect learning for students. Teachers promote global awareness and its relevance to subjects they teach.

(D)          Teachers make instruction relevant to students.  Teachers incorporate 21st century life skills into their teaching deliberately, strategically, and broadly. These skills include leadership, ethics, accountability, adaptability, personal productivity, personal responsibility, people skills, self-direction, and social responsibility. Teachers help their students understand the relationship between the North Carolina Standard Course of Study and 21st century content, which includes global awareness; financial, economic, business and entrepreneurial literacy; civic literacy; and health awareness.

(4)           Elements of Standard 4:  Teachers facilitate learning for their students.

(A)          Teachers know the ways in which learning takes place, and they know the appropriate levels of intellectual, physical, social, and emotional development of their students.  Teachers know how students think and learn. Teachers understand the influences that affect individual student learning (i.e. development, culture and language proficiency) and differentiate their instruction accordingly. Teachers keep abreast of evolving research about student learning. They adapt resources to address the strengths and weaknesses of their students.

(B)          Teachers collaborate with their colleagues and use a variety of data sources for short and long range planning based on the North Carolina Standard Course of Study.  These plans reflect an understanding of how students learn. Teachers engage students in the learning process. They understand that instructional plans must be consistently monitored and modified to enhance learning. Teachers make the curriculum responsive to cultural differences and individual learning needs.

(C)          Teachers use a variety of instructional methods.  Teachers choose the methods and techniques that are most effective in meeting the needs of their students as they strive to eliminate achievement gaps. Teachers employ a wide range of techniques including information and communication technology, learning styles, and differentiated instruction.

(D)          Teachers integrate and utilize technology in their instruction.  Teachers know when and how to use technology to maximize student learning. Teachers help students use technology to learn content, think critically, solve problems, discern reliability, use information, communicate, innovate, and collaborate.

(E)           Teachers help students develop critical-thinking and problem-solving skills.  Teachers encourage students to ask questions; think creatively; develop and test innovative ideas; synthesize knowledge and draw conclusions. They help students exercise and communicate sound reasoning; understand connections; make complex choices; and frame, analyze, and solve problems.

(F)           Teachers help students work in teams and develop leadership qualities.  Teachers teach the importance of cooperation and collaboration. They organize learning teams in order to help students define roles, strengthen social ties, improve communication and collaborative skills, interact with people from different cultures and backgrounds, and develop leadership qualities.

(G)          Teachers communicate effectively.  Teachers communicate in ways that are clearly understood by their students. They are perceptive listeners and are able to communicate with students in a variety of ways even when language is a barrier. Teachers help students articulate thoughts and ideas clearly and effectively.

(H)          Teachers use a variety of methods to assess what each student has learned.  Teachers use multiple indicators, including formative and summative assessments, to evaluate student progress and growth as they strive to eliminate achievement gaps. Teachers provide opportunities, methods, feedback, and tools for students to assess themselves and each other. Teachers use 21st century assessment systems to inform instruction and demonstrate evidence of students' 21st century knowledge, skills, performance, and dispositions.

(5)           Elements of Standard 5: Teachers reflect on their practice.

(A)          Teachers analyze student learning.  Teachers think systematically and critically about student learning in their classrooms and schools as to why learning happens and what can be done to improve achievement. Teachers collect and analyze student performance data to improve school and classroom effectiveness. They adapt their practice based on research and data to best meet the needs of students.

(B)          Teachers link professional growth to their professional goals.  Teachers participate in continued, high quality professional development that reflects a global view of educational practices; includes 21st century skills and knowledge; aligns with the State Board of Education priorities; and meets the needs of students and their own professional growth.

(C)          Teachers function effectively in a complex, dynamic environment.  Understanding that change is constant, teachers actively investigate and consider new ideas that improve teaching and learning. They adapt their practice based on research and data to best meet the needs of their students.

(b)  For each Standard and Element, the teacher's performance shall be identified as:

(1)           Developing.  Teacher demonstrated adequate growth toward achieving standard(s) during the period of performance, but did not demonstrate competence on standard(s) of performance.

(2)           Proficient.  Teacher demonstrated basic competence on standard(s) of performance.

(3)           Accomplished.  Teacher exceeded basic competence on standard(s) of performance most of the time.

(4)           Distinguished.  Teacher consistently and significantly exceeded basic competence on standard(s) of performance.

(5)           Not Demonstrated.  Teacher did not demonstrate competence on or adequate growth toward achieving standard(s) of performance.  (Note: If the "Not Demonstrated" rating is used, the principal must comment about why such rating was used.)

 

History Note:        Authority G.S. 115C-333; N.C. Constitution, Article IX, Sec. 5;

Eff. May 1, 2009.

 

SECTION .0600 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR NORTH CAROLINA EDUCATORS

 

 

 

16 NCAC 06C .0601         PURPOSE AND APPLICABILITY

The purpose of these Rules is to establish and uphold uniform standards of professional conduct for licensed professional educators throughout the State.  These Rules shall be binding on every person licensed by the SBE, hereinafter referred to as "educator" or "professional educator," and the possible consequences of any willful breach shall include license suspension or revocation.  The prohibition of certain conduct in these Rules shall not be interpreted as approval of conduct not specifically cited.

 

History Note:        Authority G.S. 115C-295.3;

Eff. April 1, 1998.

 

16 NCAC 06C .0602         STANDARDS OF PROFESSIONAL CONDUCT

(a)  The standards listed in this Section shall be generally accepted for the education profession and shall be the basis for State Board review of performance of professional educators. These standards shall establish mandatory prohibitions and requirements for educators. Violation of these standards shall subject an educator to investigation and disciplinary action by the SBE or LEA.

(b)  Professional educators shall adhere to the standards of professional conduct contained in this Rule. Any intentional act or omission that violates these standards is prohibited.

(1)           Generally recognized professional standards.  The educator shall practice the professional standards of federal, state, and local governing bodies.

(2)           Personal conduct.  The educator shall serve as a positive role model for students, parents, and the community. Because the educator is entrusted with the care and education of small children and adolescents, the educator shall demonstrate a high standard of personal character and conduct.

(3)           Honesty. The educator shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of professional duties including the following:

(A)          statement of professional qualifications;

(B)          application or recommendation for professional employment, promotion, or licensure;

(C)          application or recommendation for college or university admission, scholarship, grant, academic award, or similar benefit;

(D)          representation of completion of college or staff development credit;

(E)           evaluation or grading of students or personnel;

(F)           submission of financial or program compliance reports submitted to state, federal, or other governmental agencies;

(G)          submission of information in the course of an official inquiry by the employing LEA or the SBE related to facts of unprofessional conduct, provided, however, that an educator shall be given adequate notice of the allegations and may be represented by legal counsel; and

(H)          submission of information in the course of an investigation by a law enforcement agency, child protective services, or any other agency with the right to investigate, regarding school related criminal activity; provided, however, that an educator shall be entitled to decline to give evidence to law enforcement if such evidence may tend to incriminate the educator as that term is defined by the Fifth Amendment to the U.S. Constitution.

(4)           Proper remunerative conduct.  The educator shall not solicit current students or parents of students to purchase equipment, supplies, or services from the educator in a private remunerative capacity. An educator shall not tutor for remuneration students currently assigned to the educator's classes, unless approved by the local superintendent. An educator shall not accept any compensation, benefit, or thing of value other than the educator's regular compensation for the performance of any service that the educator is required to render in the course and scope of the educator's employment. This Rule shall not restrict performance of any overtime or supplemental services at the request of the LEA; nor shall it apply to or restrict the acceptance of gifts or tokens of minimal value offered and accepted openly from students, parents, or other persons in recognition or appreciation of service.

(5)           Conduct with students.  The educator shall treat all students with respect. The educator shall not commit any abusive act or sexual exploitation with, to, or in the presence of a student, whether or not that student is or has been under the care or supervision of that educator, as defined below:

(A)          any use of language that is considered profane, vulgar, or demeaning;

(B)          any sexual act;

(C)          any solicitation of a sexual act, whether written, verbal, or physical;

(D)          any act of child abuse, as defined by law;

(E)           any act of sexual harassment, as defined by law; and

(F)           any intentional solicitation, encouragement, or consummation of a romantic or physical relationship with a student, or any sexual contact with a student. The term "romantic relationship" shall include dating any student.

(6)           Confidential information.  The educator shall keep in confidence personally identifiable information regarding students or their family members that has been obtained in the course of professional service, unless disclosure is required or permitted by law or professional standards, or is necessary for the personal safety of the student or others.

(7)           Rights of others.  The educator shall not willfully or maliciously violate the constitutional or civil rights of a student, parent/legal guardian, or colleague.

(8)           Required reports.  The educator shall make all reports required by G.S. 115C.

(9)           Alcohol or controlled substance abuse.  The educator shall not:

(A)          be under the influence of, possess, use, or consume on school premises or at a school-sponsored activity a controlled substance as defined by G.S. 90-95, the Controlled Substances Act, without a prescription authorizing such use;

(B)          be under the influence of, possess, use, or consume an alcoholic beverage or a controlled substance on school premises or at a school-sponsored activity involving students; or

(C)          furnish alcohol or a controlled substance to any student except as indicated in the professional duties of administering legally prescribed medications.

(10)         Compliance with criminal laws.  The educator shall not commit any act referred to in G.S. 115C-332 and any felony under the laws of the United States or of any state.

(11)         Public funds and property.  The educator shall not misuse public funds or property, funds of a school-related organization, or colleague's funds. The educator shall account for funds collected from students, colleagues, or parents/legal guardians. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay.

(12)         Scope of professional practice.  The educator shall not perform any act as an employee in a position for which licensure is required by the rules of the SBE or by G.S. 115C or the North Carolina General Statutes during any period in which the educator's license has been suspended or revoked.

(13)         Conduct related to ethical violations.  The educator shall not directly or indirectly use or threaten to use any official authority or influence in any manner that tends to discourage, restrain, interfere with, coerce, or discriminate against any subordinate or any licensee who in good faith reports, discloses, divulges, or otherwise brings to the attention of an LEA, the SBE, or any other public agency authorized to take remedial action, any facts or information relative to actual or suspected violation of any law regulating the duties of persons serving in the public school system, including but not limited to these Rules.

 

History Note:        Authority G.S. 115C-295.3;

Eff. May 1, 1998.

 

 

 

SUBCHAPTER 6D ‑ INSTRUCTION

 

SECTION .0100 ‑ CURRICULUM

 

16 ncac 06D .0101         DEFINITIONS

As used in this Subchapter:

(1)           "Competency goals" means broad statements of general direction or purpose.

(2)           "Course unit" means at least 150 clock hours of instruction for courses taught on a traditional schedule and at least 135 clock hours of instruction for courses taught on a block schedule. LEAs may award credit for short courses in an amount corresponding to the fractional part of a total unit.

(3)           "Curriculum guide" means a document prepared by the department for each subject or area of study listed in the standard course of study and many commonly offered electives, including competency goals, objectives and suggested measures.

(4)           "Diploma" means that document by which the LEA certifies that a student has satisfactorily completed all state and local course requirements and has passed the North Carolina Competency Test.

(5)           "Graduation" means satisfactory completion of all state and local course requirements and achievement of a passing score on the North Carolina Competency Test.

(6)           "Measures" means a variety of suggestions for ways in which the student may demonstrate ability to meet an objective.

(7)           "Objective" means a specific statement of what the student will know or be able to do.

(8)           "Proper test administration" means administration of tests adopted by the SBE for students, in accordance with Section .0300 of this Subchapter.

(9)           "Special education student" means a student enrolled in or eligible for participation in a special educational program.

(10)         "Standard course of study" means the program of course work which must be available to all public school students in the state.

(11)         "Transcript" means that document which provides a record of:

(a)           all courses completed and grades earned;

(b)           scores achieved on standardized tests; and

(c)           participation in special programs or any other matter determined by the LEA.

 

History Note:        Authority G.S. 115C-81;

Eff. July 1, 1986;

Amended Eff. April 1, 2002.

 

16 NCAC 06D .0102         BASIC EDUCATION PROGRAM

 

History Note:        Filed as a Temporary Amendment Eff. August 12, 1991 for a period of 180 days to expire

on February 7, 1992;

Authority G.S. 115C‑12(9)c.; 115C‑81;

Eff. July 1, 1986;

Amended Eff. March 1, 1992;

Repealed Eff. June 1, 1996.

 

16 NCAC 06D .0103         GRADUATION REQUIREMENTS

 

History Note:        Authority G.S. 115C‑12(9)c.; 115C‑81(a); 115C‑180; N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. January 2, 1998; January 1, 1993; July 1, 1992;

Temporary Amendment Eff. April 24, 1998;

Temporary Amendment Expired February 9, 1999;

Amended Eff. August 1, 1999;

Repealed Eff. December 1, 1999.

 

16 NCAC 06D .0104         EXIT DOCUMENTS

 

History Note:        Authority G.S. 115C‑12(9)c.;

Eff. July 1, 1986;

Repealed Eff. June 1, 1996.

 

16 NCAC 06D .0105         USE OF SCHOOL DAY

(a)  Local boards of education are obligated both to assure that materials presented to students during the school day are related to the curriculum, and to preserve their discretion and the discretion of administrators and teachers to determine, within the limits of the prescribed curriculum, the materials to be presented to students during the school day and the times during which materials selected will be presented.  Therefore, no local board of education may enter into a contract or agreement with any person, corporation, association or organization which:

(1)           limits or impairs its authority and responsibility, or the authority and responsibility of administrators and teachers, to determine the materials to be presented to students during the school day; or

(2)           limits or impairs its authority and responsibility, or the authority and responsibility of administrators and teachers, to determine the times during the school day when materials will be presented to students.

(b)  Local boards of education are obligated to assure that students, as a consequence of the compulsory attendance laws, are not made a captive audience for required viewing, listening to, or reading commercial advertising.  Therefore, no local board of education may enter into any contract or agreement with any person, corporation, association or organization pursuant to which students are regularly required to observe, listen to, or read commercial advertising.  This Rule does not prohibit local boards of education, teachers or administrators from requiring students from time to time to observe, listen to, or read educational materials that contain commercial advertising.  This Rule also shall not prohibit the regular study of advertising as an academic subject.

(c)  This Rule shall apply both retroactively and prospectively.  Any contract or agreement previously made in contravention of this Rule is declared void and unenforceable.

 

History Note:        Filed as a Temporary Amendment Eff. February 19, 1990, for a period of 180 days to expire on

August 18, 1990;

Filed as a Temporary Rule Eff. February 8, 1990, for a period of 180 days to expire on

August 7, 1990;

Authority N.C. Constitution, Article IX, Sec. 5; G.S. 115C‑1; 115C‑2; 115C‑12(9)c.; 115C‑81;

ARRC Objection Lodged February 15, 1990;

ARRC Objection Lodged March 15, 1990;

ARRC Objection Lodged June 21, 1990;

Eff. November 1, 1990.

 

16 NCAC 06D .0106         LIMITED ENGLISH PROFICIENCY PROGRAMS

(a)  Each superintendent or his delegate shall:

(1)           identify resources available to serve limited English proficient students;

(2)           coordinate programs and services to these students and their parents in the local school administrative unit;

(3)           report to the SBE information concerning the identification, placement, and educational progress of these students; and

(4)           report funding needs for the provision of services to these students to the SBE.

(b)  LEAs shall report annually to the SBE information including but not limited to the number of students whose primary home language is other than English, the number of limited English proficient students identified and receiving services, the nature of the services, the number of limited English proficient students receiving special education services and services for the academically gifted, and data required to be reported to the U.S. Department of Education.

(c)  A home language survey shall be administered to every student at the time of enrollment and maintained in the student's permanent record.  LEAs shall then identify and assess every limited English proficient student who needs assistance in order to have access to the unit's instructional programs.  Each LEA which identifies limited English proficient students who need assistance shall adopt an effective method of determining the students' current level of English proficiency in order to determine what types of assistance are needed.  The method used may be a combination of the following, unless some other method can be effectively substituted:

(1)           teacher observations;

(2)           teacher interview;

(3)           achievement tests;

(4)           review of student records;

(5)           parent information;

(6)           proficiency tests;

(7)           English as a second language teacher referral;

(8)           student course grades;

(9)           teacher referral or recommendation;

(10)         criterion-referenced tests;

(11)         grade retention or deficiency report;

(12)         informal assessment or screening;

(13)         portfolio-based assessment; and

(14)         alternative assessments such as cloze and dictation.

(d)  LEAs shall adopt a program or programs for limited English proficient students who need assistance which have a reasonable chance of allowing students to progress in school.  The program may be one of the following unless some other method or process can be effectively substituted:

(1)           English as a second language (ESL);

(2)           bilingual education;

(3)           programs which provide neither instruction in the native language nor direct instruction in ESL but which adapt instruction to meet the needs of these students.

Program entry criteria shall be developed which take into account the student's educational background, English language proficiency, native language proficiency, and content area knowledge.  LEAs shall conduct a program evaluation annually.

(e)  LEAs shall adopt appropriate evaluative standards for measuring the progress of limited English proficient students in school.  In order to determine when students no longer need assistance, the LEA shall determine the content knowledge and language skills necessary for successful functioning in the regular classroom.  Then, multiple instruments as well as teacher judgment may be used to evaluate English listening and speaking skills, English literacy skills, and content area knowledge.  The students shall not be maintained in alternative language programs longer than necessary based on program exit criteria but shall be monitored after exiting such programs for a minimum of six months and additional academic and English language support shall be provided if the students begin to have difficulty.

(f)  LEAs shall monitor the progress of limited English proficient students in English proficiency and in the BEP.  When a limited English proficient student is not making progress in school, the LEA shall conduct an evaluation of the student's program and make modification as needed.

(g)  Limited English proficient students shall participate in the statewide testing programs in accordance with 16 NCAC 6D .0301.

(h)  LEAs shall promote the involvement of parents of students of limited English proficiency in the educational program of their children.  LEAs shall notify national origin minority group parents of school activities which are called to the attention of other parents and these notices shall be provided in the home language if feasible.

(i)  LEAs shall ensure that limited English proficient students are not assigned to or excluded from special education programs because of their limited English language proficiency.  Evaluation, placement, and notification to parents of students with special needs shall be conducted in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. ' 1401 et seq. and its implementing regulations at 34 C.F.R. Part 300.

(j)  LEAs shall ensure that limited English proficient students are not categorically excluded from programs for the academically gifted and other specialized programs or support services such as guidance and counseling due to limited English proficiency.

(k)  LEAs shall ensure that limited English proficient students are educated in the least segregative manner based on the educational needs of the student and these students shall be included in all aspects of the regular school program in which they can perform satisfactorily.

(l)  The Department shall monitor the progress of LEAs in providing programs to all limited English proficient students using the same procedures and standards as provided in Title I - Helping Disadvantaged Children Meet High Standards, 20 U.S.C. ' 6301 et seq.

(m)  The Department shall make available a list to all LEAs of teachers licensed in English as a Second Language (ESL).  ESL training and add-on ESL licensure for teachers currently licensed in areas other than ESL is an appropriate strategy to obtain qualified staff.

(n)  Each LEA may consider joint agreements with other LEAs to provide programs to limited English proficient students.

(o)  Each LEA may coordinate services with those available at local community colleges in order to maximize efficient delivery of services to limited English proficient students and their parents.

(p)  The Department shall administer the Teacher Education Program Approval process so as to ensure that all participants have an opportunity to gain an understanding of and develop strategies for addressing the educational needs of limited English proficient students.  The Department shall work with IHEs to expand English as a Second Language teacher training programs.

 

History Note:        Authority G.S. 115C-12(9)c.; N.C. Constitution, Article IX, Sec. 5; 20 U.S.C. 1703;

Eff. June 1, 1996.

 

SECTION .0200 ‑ TEXTBOOKS

 

16 NCAC 06D .0201         STATE TEXTBOOK COMMISSION

16 NCAC 06D .0202         TEXTBOOK BIDS AND CONTRACTS

16 NCAC 06D .0203         DISPOSITION OF OLD TEXTBOOKS

 

History Note:        Authority G.S. 115C‑89;

Eff. July 1, 1986;

Repealed Eff. March 1, 1990.

 

16 NCAC 06D .0204         TEXTBOOK ADOPTION SCHEDULE

To ensure adequate time for the evaluation of textbooks presented to the SBE for adopted for use in the public schools, the Textbook Commission, the Department and the SBE shall adhere, to the extent practicable, to the following schedule on and after January 1, 1990:

(1)           January.  The Superintendent of Public Instruction will identify for the SBE all textbook contracts scheduled to expire during the next calendar year, and recommend whether such contracts should be renewed or new textbooks adopted the following year.

(2)           March.  The Superintendent will present for the SBE's approval a review of the curriculum requirements as prescribed in the Standard Course of Study and Competency Based Curriculum for the areas for which textbooks are scheduled to be adopted that year.

(3)           April.  The Superintendent will present for the SBE's approval the call letter and evaluation forms prepared by the Curriculum Review Committee for the textbooks scheduled for adoption that year.  The Superintendent will forward approved call letters to publishers listed on the Textbook Company Register and will forward approved evaluation forms to the Textbook Commission.

(4)           June.  Textbook publishers will forward textbooks presented by publishers for adoption to the Textbook Commission and other recipients designated in the call letters.

(5)           June 15 to August 1.  The Regional Textbook Evaluation Advisory Committees will evaluate textbooks under the direction of the Textbook Commission.

(6)           August and September.  The Textbook Commission will review the recommendations of the Regional Textbook Evaluation Advisory Committees, and will prepare its recommendations to the SBE.

(7)           October.  The Textbook Commission will present its recommendations to the SBE.  The SBE will adopt textbooks.

(8)           November and December.  Local school systems review adopted textbooks and identify textbooks to be ordered.  Local school systems will place orders before March 1 of the next year.

 

History Note:        Authority G.S. 115C‑89;

Eff. March 1, 1990.

 

16 NCAC 06D .0205         CURRICULUM REVIEW COMMITTEE

(a)  The Superintendent of Public Instruction shall appoint a Curriculum Review Committee to advise him about criteria to be included in each call letter to publishers requesting submission of textbooks for evaluation and adoption, and the development of forms for evaluation of textbooks presented for adoption.

(b)  The Committee shall be organized and selected by the Superintendent of Public Instruction.  The Committee should include, in addition to members of the Department of Public Instruction, representatives from local school systems, the Textbook Commission and the community.

(c)  The Committee shall begin performing its duties at least one year before the issuance of letters to publishers calling for submission of textbooks for evaluation and adoption.

(d)  The Committee's responsibility is to help ensure that textbooks presented for adoption are evaluated for their conformity to the Standard Course of Study and the Competency Based Curriculum, and that the textbooks adopted in fact conform to the Standard Course of Study and the Competency Based Curriculum.  The Committee shall develop criteria to be included in each call letter and textbook evaluation forms that reflect the requirements of the Standard Course of Study and the Competency Based Curriculum.

(e)  The Committee shall present the criteria and forms it develops to the Superintendent of Public Instruction for review and approval, and shall then present the criteria and forms to the SBE for review and adoption.

 

History Note:        Authority G.S. 115C‑89;

Eff. March 1, 1990.

 

16 NCAC 06D .0206         REGIONAL TEXTBOOK EVALUATION ADVISORY COMMITTEES

(a)  The Textbook Commission shall appoint Regional Textbook Evaluation Advisory Committees for each of the state's educational districts defined in G.S. 115C‑65.  Members shall serve a one‑year term that begins on January 1 and ends on December 31 of each year.  The Textbook Commission shall fill any vacancy for the remainder of the unexpired term.  Members shall serve at the pleasure of the Textbook Commission.

(b)  All persons appointed to these committees by the Textbook Commission shall be qualified by training and experience to evaluate textbooks for use in the public schools.  In appointing these committees, the Textbook Commission shall consider the textbooks scheduled for adoption during that year, and shall ensure appointment of specialists in the content and grade levels of the areas for which textbooks are to be adopted.

(c)  The Committees, using the evaluation forms developed by the Curriculum Review Committee and their training and experience, assists the Textbook Commission in the evaluation of textbooks presented for adoption.  Before beginning to evaluate textbooks, each member of the regional committee shall participate in a comprehensive orientation and training session approved by the Superintendent of Public Instruction and the chairman of the Textbook Commission and presented under the direction of the Superintendent.

(d)  Each regional committee, under the direction of a member of the Textbook Commission assigned by the Chairman of the Textbook Commission, shall meet and evaluate the textbooks presented for adoption.  Following these regional meetings, the Chairman of the Textbook Commission will assign members of the regional committees to subject area committees.  These committees, using the criteria and forms developed by the Curriculum Review Committee and approved by the SBE, shall meet, discuss and formalize their recommendations to the Textbook Commission.

(e)  The Superintendent will assign to members of the Department the responsibility of assisting the regional committees in the performance of their duties.

(f)  Members of the regional committees shall perform all of their prescribed duties between June 15 and August 1 of each year at times and places designated by the Chairman of the Textbook Commission.  Members of the committees who are not under contract with a local school administrative unit for the period between June 15 and August 1 shall receive a salary of one hundred dollars ($100.00) per day for not more than ten days, plus reimbursement for travel and subsistence expenses as allowed for state employees.  Committee members who are under contract with a local school administrative unit between June 15 and August 1, are employed by the Department of Public Instruction, or are employed by another state agency, will receive their regular salaries and will be reimbursed for travel and subsistence expenses only.

 

History Note:        Authority G.S. 115C‑89;

Eff. March 1, 1990.

 

16 NCAC 06D .0207         TEXTBOOK COMMISSION

(a)  Members of the Textbook Commission are appointed according to the provisions of G.S. 115C‑87.  In recommending persons for appointment to the Commission, the Superintendent of Public Instruction is requested to recommend and the Governor is requested to approve the appointment of at least on member from each of the eight educational districts of the state.

(b)  The duties of the Textbook Commission are contained in G.S. 115C‑88 and 115C‑89.  Commission members shall make recommendations for each textbook presented for adoption based on the requirements of the call letter for the textbook as approved by the SBE.  The SBE shall prescribe the format for the Commission's recommendations to the SBE for adoption of textbooks.  The Superintendent of Public Instruction will assign to members of the Department responsibility for assisting the Textbook Commission in the performance of its duties.

(c)  Before beginning to evaluate textbooks, commission members shall participate in an orientation and training session planned by the Chairman of the SBE and the Superintendent and presented under the direction of the Superintendent.  The Superintendent shall hold the orientation session as soon as possible after the appointment of new members to the Commission or after changes in the statutes and regulations relating to textbook adoptions.

(d)  As prescribed in Rule .0206 of this Section, the Textbook Commission appoints the members of the Regional Textbook Evaluation Advisory Committees and directs them in the performance of their duties.

(e)  The Commission may meet with representatives of publishers to discuss the Commission's plans and procedures for adoption of textbooks.  At no time may the Commission or any of its members meet privately with any publisher's representative.

 

History Note:        Authority G.S. 115C‑89;

Eff. March 1, 1990.

 

16 NCAC 06D .0208         TEXTBOOK COMPANY REGISTER

(a)  In accordance with G.S. 115C‑94, the Superintendent of Public Instruction shall maintain a register of all publishers who submit books for adoption by the SBE.  The Superintendent shall prescribe the information required for registration.

(b)  Only registered companies will receive notice of proposed textbook adoptions by the SBE.

(c)  The Superintendent shall remove from the Textbook Company Register any publisher whose representatives attempt to exercise undue pressure of any kind to adopt its books upon a member of the Textbook Commission, the Regional Textbook Evaluation Advisory Committees, the Curriculum Review Committee, or the Department.

(d)  The SBE shall direct the Superintendent of Public Instruction to remove from the Textbook Company Register any publisher whose representatives attempt to exercise undue pressure of any form upon a member of the SBE to adopt its books.

 

History Note:        Authority G.S. 115C‑89;

Eff. March 1, 1990.

 

16 NCAC 06D .0209         REQUESTS FOR TEXTBOOKS AND CONTRACTS

(a)  Upon approval by the SBE, the Department will send a request for textbooks, together with a proposed contract, to all publishers listed in the Textbook Company Register, requesting the submission of textbooks that conform to the requirements specified in the request and the proposed contract.

(b)  The SBE will adopt textbooks and award contracts based on the following criteria:

(1)           recommendations of the Textbook Commission;

(2)           conformity with the request for the textbooks and the proposed contract;

(3)           conformity with the Standard Course of Study and Competency Based Curriculum;

(4)           price; and

(5)           the needs of the public schools.

(c)  The SBE reserves the right to reject any and all textbooks for any reason it deems sufficient.

(d)  Each publisher that is awarded a contract must file a performance bond.  The Superintendent of Public Instruction shall determine the amount of the bond based on the costs of the textbooks, the publisher's past performances, and such other factors as the Superintendent determines to be relevant.

 

History Note:        Authority G.S. 115C‑89;

Eff. March 1, 1990.

 

16 NCAC 06D .0210         DISPOSITION OF OLD TEXTBOOKS

LEAs may dispose of textbooks which are no longer listed on the state‑adopted textbook list by sale, gift, or exchange.  LEAs shall remit the proceeds of sale to the Department.  The Department shall credit these proceeds to the LEA's textbook account.

 

History Note:        Authority G.S. 115C‑89; 115C‑102(b);

Eff. March 1, 1990;

Amended Eff. August 1, 1999; June 1, 1992.

 

section .0300 - TESTING PROGRAMS

 

16 NCAC 06d .0301         TESTING REQUIREMENTS AND OPPORTUNITIES

(a)  All public school students enrolled in the grades for which the SBE adopts a test, including every child with disabilities, shall participate in the testing program.

(b)  Each LEA shall develop plans to provide and shall provide remedial services to students enrolled in Grade 9 or above who fail any of the competency reading or mathematics tests or a portion of the multiple choice or performance computer skills tests, or who are identified as having a high risk of failing. The LEA shall design the plan to meet the needs of individual students. The LEA shall provide these students at least one opportunity each school year up to and including the last month of the twelfth grade to take any part of the tests that the student has not yet passed. A student who attains a passing score, as defined in 16 NCAC 06D .0503, on a portion of the tests shall not be required to retake that portion of the test.

 

History Note:        Authority G.S. 115C-12(9)c.;

Eff. July 1, 1986;

Amended Eff. January 2, 2006; August 1, 1999; January 2, 1998; June 1, 1996.

 

16 ncac 06d .0302         TEST ADMINISTRATION

(a)  Employees of the LEA shall administer tests to students who are required or permitted to participate.

(b)  The department shall supply the tests to the LEAs.

(c)  LEAs shall:

(1)           account to the department for all tests received;

(2)           provide a locked storage area for all tests received;

(3)           prohibit the reproduction of all or any part of the test; and

(4)           prohibit their employees from disclosing the content of, or specific items contained in, the test to persons other than authorized employees of the LEA.

(d)  LEAs must monitor test administration procedures. If school officials discover any instance of improper administration and determine that the validity of the test results has been affected, they must notify the local board of education and order the affected students to be retested.

(e)  The Superintendent of Public Instruction may conduct audits of LEAs if he receives written complaints which allege improper test administration, and he may require the retesting of students.

(f)  The department shall provide the mechanism for the scoring of all North Carolina mandated tests. In addition the department shall provide score interpretation services to the LEA.

(g)  LEAs shall, at the beginning of each school year, provide information to students and parents or guardians advising them of the district-wide and state-mandated tests that students will be required to take during that school year. In addition, LEAs shall provide information to the students and parents or guardians to advise them of the dates the tests will be administered and how the results from the tests will be used and the consequences thereof. Also, information provided to parents about tests shall include whether the SBE or the local board of education requires the test.

(h)  LEAs shall report scores resulting from the administration of district-wide and state-mandated tests to students and parents or guardians along with available score interpretation information within 30 days from generation of the score at the LEA level or from the receipt of the score and interpretive documentation from the department.

(i)  At the time the scores are reported for tests required for graduation such as the high school competency tests, the computer skills tests, and the high school exit exam, the LEA shall provide the information to students and parents or guardians to advise whether or not the student has met the standard for the test. If a student fails to meet the standard for the test, the student and parents or guardians shall be informed at the time of reporting, the date(s) when focused remedial instruction will be available and the date of the next testing opportunity.

(j)  In order to ensure adequate representation and the generalizability of the data used to develop tests and to conduct evaluation studies, selected LEAs and schools, determined by the department through random stratified samples, shall participate in field testing and other sample testing such as the National Assessment of Educational Progress (NAEP) and other national or international assessments as designated by the department or the SBE.

 

History Note:        Authority G.S. 115C-12(9)c.;

Eff. July 1, 1986;

Amended Eff. May 1, 2001; August 1, 1999; June 1, 1996.

 

16 NCAC 06D .0303         ACCOUNTABILITY COORDINATOR

(a)  The local superintendent shall designate one or more persons to serve as the local testing coordinator and accountability coordinator to assist in the local administration, reporting, and interpretation of tests and other accountability measures.

(b)  Coordinators must attend training sessions provided by the Department on the subject of proper test administration, scanning and scoring answer sheets and required processing of test materials.  They must then conduct similar sessions within the LEA to provide this instruction to school-based test administrators and proctors.  Coordinators shall arrange for the scanning, scoring, and reporting of results from tests adopted by the SBE.

 

History Note:        Authority G.S. 115C‑12(9)c.;

Eff. July 1, 1986;

Amended Eff. August 1, 1999; November 1, 1997.

 

16 NCAC 06D .0304         GRADE-LEVEL PROFICIENCY

 

History Note:        Authority G.S. 115C-12(9)c.; 115C-81(b)(4);

Eff. November 1, 1995;

Repealed Eff. December 1, 1999.

 

16 ncac 06D .0305         end-of-course assessments

(a)  The LEA shall include each student's end-of-course assessment results in the student's permanent records and high school transcript.

(b)  The LEA shall give each end-of-course assessment within the final five days of the course on a block schedule and the final 10 days of the course on a traditional schedule.

(c)  LEAs shall use results from all operational end-of-course assessments as at least 25% of the student's final grade for each respective course. LEAs shall adopt policies regarding the use of end-of-course assessment results in assigning final grades.

(d)  Students who are enrolled for credit in courses in which end-of-course assessments are required shall take the appropriate end-of-course assessment.

(e)  Students who are exempt from final exams by local board of education policy shall not be exempt from end-of-course assessments.

 (f)  Each student shall take the appropriate end-of-course assessment the first time the student takes the course even if the course is an honors or advanced placement course.

(g)  Students shall take the appropriate end-of-course assessment at the end of the course or an alternate assessment regardless of the grade level in which the course is offered.

(h)  Students who are identified as failing a course for which an end-of-course assessment is required shall take the appropriate end-of-course assessment.

(i)  Students may drop a course with an end-of-course assessment within the first 10 days of a block schedule or within the first 20 days of a traditional schedule.

(j)  Students who are enrolled in the Integrated Math sequence shall take the Algebra I, Geometry, and Algebra II end-of-course assessments.  The LEA shall administer these assessments as follows:

(1)           The Algebra I end-of-course assessment shall be administered during the final five days of the Integrated Math II course if taken on a block schedule or the final 10 days if taken on a traditional schedule.

(2)           The Geometry end-of-course assessment shall be administered during the Integrated Math III course on a locally established test date.

(3)           The Algebra II end-of-course assessment shall be administered during the final five days of the Integrated Math III course if taken on a block schedule or the final 10 days if taken on a traditional schedule.

 

History Note:        Authority G.S. 115C-12(9)c.; 115C-81(b)(4);

Eff. November 1, 1997;

Amended Eff. October 1, 2006; January 2, 2006; April 1, 2002; September 1, 2001; August 1, 2000; August 1, 1999.

 

16 NCAC 06D .0306         TESTING CODE OF ETHICS

(a)  This Rule shall apply to all public school employees who are involved in the state testing program.

(b)  The superintendent or superintendent's designee shall develop local policies and procedures to ensure maximum test security in coordination with the policies and procedures developed by the test publisher. The principal shall ensure test security within the school building.

(1)           The principal shall store test materials in a secure, locked area. The principal shall allow test materials to be distributed immediately prior to the test administration. Before each test administration, the building level test coordinator shall accurately count and distribute test materials. Immediately after each test administration, the building level test coordinator shall collect, count, and return all test materials to the secure, locked storage area.

(2)           "Access" to test materials by school personnel means handling the materials but does not include reviewing tests or analyzing test items. The superintendent or superintendent's designee shall designate the personnel who are authorized to have access to test materials.

(3)           Persons who have access to secure test materials shall not use those materials for personal gain.

(4)           No person may copy, reproduce, or paraphrase in any manner or for any reason the test materials without the express written consent of the test publisher.

(5)           The superintendent or superintendent's designee shall instruct personnel who are responsible for the testing program in testing administration procedures. This instruction shall include test administrations that require procedural modifications and shall emphasize the need to follow the directions outlined by the test publisher.

(6)           Any person who learns of any breach of security, loss of materials, failure to account for materials, or any other deviation from required security procedures shall immediately report that information to the principal, building level test coordinator, school system test coordinator, and state level test coordinator.

(c)  Preparation for testing.

(1)           The superintendent shall ensure that school system test coordinators:

(A)          secure necessary materials;

(B)          plan and implement training for building level test coordinators, test administrators, and proctors;

(C)          ensure that each building level test coordinator and test administrator is trained in the implementation of procedural modifications used during test administrations; and

(D)          in conjunction with program administrators, ensure that the need for test modifications is documented and that modifications are limited to the specific need.

(2)           The principal shall ensure that building level test coordinators:

(A)          maintain test material security and accountability of test materials;

(B)          identify and train personnel, proctors, and backup personnel for test administrations; and

(C)          encourage a positive atmosphere for testing.

(3)           Test administrators shall be school personnel who have professional training in education and the state testing program.

(4)           Teachers shall provide instruction that meets or exceeds the standard course of study to meet the needs of the specific students in the class. Teachers may help students improve test-taking skills by:

(A)          helping students become familiar with test formats using curricular content;

(B)          teaching students test-taking strategies and providing practice sessions;

(C)          helping students learn ways of preparing to take tests; and

(D)          using resource materials such as test questions from test item banks, testlets and linking documents in instruction and test preparation.

(d)  Test administration.

(1)           The superintendent or superintendent's designee shall:

(A)          assure that each school establishes procedures to ensure that all test administrators comply with test publisher guidelines;

(B)          inform the local board of education of any breach of this code of ethics; and

(C)          inform building level administrators of their responsibilities.

(2)           The principal shall:

(A)          assure that school personnel know the content of state and local testing policies;

(B)          implement the school system's testing policies and procedures and establish any needed school policies and procedures to assure that all eligible students are tested fairly;

(C)          assign trained proctors to test administrations; and

(D)          report all testing irregularities to the school system test coordinator.

(3)           Test administrators and proctors shall:

(A)          administer tests according to the directions in the administration manual and any subsequent updates developed by the test publisher;

(B)          administer tests to all eligible students;

(C)          report all testing irregularities to the school system test coordinator; and

(D)          provide a positive test-taking climate.

(4)           Proctors shall serve as additional monitors to help the test administrator assure that testing occurs fairly.

(e)  Scoring. The school system test coordinator shall:

(1)           ensure that each test is scored according to the procedures and guidelines defined for the test by the test publisher;

(2)           maintain quality control during the entire scoring process, which consists of handling and editing documents, scanning answer documents, and producing electronic files and reports. Quality control shall address at a minimum accuracy and scoring consistency;

(3)           maintain security of tests and data files at all times, including:

(A)          protecting the confidentiality of students at all times when publicizing test results; and

(B)          maintaining test security of answer keys and item-specific scoring rubrics.

(f)  Analysis and reporting. Educators shall use test scores appropriately. This means that the educator recognizes that a test score is only one piece of information and must be interpreted together with other scores and indicators. Test data help educators understand educational patterns and practices. The superintendent shall ensure that school personnel analyze and report test data ethically and within the limitations described in this Paragraph.

(1)           Educators shall release test scores to students, parents, legal guardians, teachers, and the media with interpretive materials as needed.

(2)           Staff development relating to testing must enable personnel to respond knowledgeably to questions related to testing, including the tests, scores, scoring procedures, and other interpretive materials.

(3)           Items and associated materials on a secure test shall not be in the public domain. Only items that are within the public domain may be used for item analysis.

(4)           Educators shall maintain the confidentiality of individual students. Publicizing test scores that contain the names of individual students is unethical.

(5)           Data analysis of test scores for decision-making purposes shall be based upon:

(A)          disaggregation of data based upon student demographics and other collected variables;

(B)          examination of grading practices in relation to test scores; and

(C)          examination of growth trends and goal summary reports for state-mandated tests.

(g)  Unethical testing practices include, but are not limited to, the following practices:

(1)           encouraging students to be absent the day of testing;

(2)           encouraging students not to do their best because of the purpose of the test;

(3)           using secure test items or modified secure test items for instruction;

(4)           changing student responses at any time;

(5)           interpreting, explaining, or paraphrasing the test directions or the test items;

(6)           reclassifying students solely for the purpose of avoiding state testing;

(7)           not testing all eligible students;

(8)           failing to provide needed modifications during testing, if available;

(9)           modifying scoring programs including answer keys, equating files, and lookup tables;

(10)         modifying student records solely for the purpose of raising test scores;

(11)         using a single test score to make individual decisions; and

(12)         misleading the public concerning the results and interpretations of test data.

(h)  In the event of a violation of this Rule, the SBE may, in accordance with the contested case provisions of G.S. 150B, impose any one or more of the following sanctions:

(1)           withhold ABCs incentive awards from individuals or from all eligible staff in a school;

(2)           file a civil action against the person or persons responsible for the violation for copyright infringement or for any other available cause of action;

(3)           seek criminal prosecution of the person or persons responsible for the violation; and

(4)           in accordance with the provisions of 16 NCAC 6C .0312, suspend or revoke the professional license of the person or persons responsible for the violation.

 

History Note:        Authority G.S. 115C-12(9)c.; 115C-81(b)(4);

Eff. November 1, 1997;

Amended Eff. July 1, 2000.

 

SECTION .0400 - BEP SUPPORT SERVICES

 

16 NCAC 06D .0401         REQUIRED SUPPORT PROGRAMS

Each LEA shall provide its students support services in the following areas:

(1)        Pre-school physical and developmental screening;

(2)        School counseling services;

(3)        School social work services;

(4)        School psychological services; and

(5)        Health services.

 

History Note:        Authority G.S. 115C-12(9)c.; 115C-81;

Eff. July 1, 1995.

 

16 NCAC 06D .0402         SPECIAL HEALTH CARE SERVICES

(a)  Each LEA shall make available a registered nurse for assessment, care planning, and on-going evaluation of students with special health care service needs in the school setting.  Special health care services include procedures that are invasive, carry reasonable risk of harm if not performed correctly, may not have a predictable outcome, or may require additional action based on results of testing or monitoring.

(b)  Care planning includes but is not limited to:

(1)        identification of appropriate person(s) to perform the procedure;

(2)        teaching those persons to perform the procedure; and

(3)        identification of a mechanism for registered nurses or other persons qualified by state law to plan and implement such health to provide ongoing supervision to ensure the procedure is performed appropriately and monitoring the student's response to care provided in the school setting.

(c)  To assure that these services are provided, LEAs shall have the flexibility to hire registered nurses, to contract with individual registered nurses, to contract for nursing services through local health departments, home care organizations, hospitals and other providers, or to negotiate coverage for planning and implementing these services with the licensed physician, nurse practitioner, or physician assistant prescribing the health care procedure.

(d)  LEAs shall implement this Rule in compliance with the provisions of G.S. 115C-307(c).

 

History Note:        Authority G.S. 115C-12(9)c.; 115C-81; 115C-307(c);

Eff. July 1, 1995.

 

section .0500 - DEFINITIONS

 

16 NCAC 06D .0501         DEFINITIONS

As used in this Subchapter:

(1)           "adequate progress" shall mean student performance at or near grade level as indicated by student work, assessment data, and other evaluation information.

(2)           "focused intervention" shall mean help for students in attaining competency goals and objectives. The help or assistance shall be based on a diagnosis of what the student knows and is able to do. The strategies for helping the student shall be based on the diagnosis of the student's work.

(3)           "grade level proficiency" shall mean Level III or above on end-of-grade assessments in reading and mathematics in grades 3-8. In grades K-2, teachers shall identify those students who are not performing at grade-level expectations. The levels of student performance shall be defined as follows:

(a)           "Level I" shall mean that the student fails to achieve at a basic level. Students performing at this level do not have sufficient mastery of knowledge and skills in this subject area to be successful at the next grade level.

(b)           "Level II" shall mean that the student achieves at a basic level. Students performing at this level demonstrate inconsistent mastery of knowledge and skills in this subject area and are minimally prepared to be successful at the next grade level.

(c)           "Level III" shall mean that the student achieves at a proficient level. Students performing at this level consistently demonstrate mastery of grade level subject matter and skills and are well prepared for the next grade level.

(d)           "Level IV" shall mean that the student achieves at an advanced level. Students performing at this level consistently perform in a superior manner clearly beyond that required to be proficient at grade level work.

(4)           "instructionally sound" shall mean a practice or strategy that reflects research findings and the achievement needs of students. The practice shall take into account student learning styles, effective delivery of content and skills, diagnosis, monitoring, and evaluation.

 

History Note:        Authority G.S. 115C-12(9b); 115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;

Eff. December 1, 1999;

Amended Eff. January 2, 2006; April 1, 2005.

 

16 ncac 06d .0502         Student Accountability Standards

(a)  Gateway 1—Grade 3. In addition to meeting local promotion requirements, students in grade 3 shall demonstrate proficiency by having assessment scores at Level III or above on end-of-grade assessments in both reading and mathematics. Students who score at Level III or above and who meet all local promotion requirements shall be promoted to grade 4 unless the school principal shall determine otherwise in consultation with teacher(s). These requirements shall become effective with the 2001-02 school year.

(b)  Gateway 2—Grade 5. In addition to meeting local promotion requirements, students in grade 5 shall demonstrate proficiency by having assessment scores at Level III or above on end-of-grade assessments in both reading and mathematics. Additionally, LEAs shall use the grade 4 writing assessment as a screen to determine whether students are making adequate progress in developing writing skills. If a student has not scored at or above grade level proficiency as defined in Rule .0501(3) of this Section on the grade 4 writing assessment, the school shall provide intervention and assistance to develop writing skills. The principal and teacher(s) shall use locally developed and scored writing samples during grade 5 to determine if students have made adequate progress in order to be promoted to grade 6. Students who score at Level III or above on reading and mathematics, who meet all local promotion standards, and who make adequate progress in writing shall be promoted to grade 6, unless the school principal shall determine otherwise in consultation with teacher(s).

(c)  Gateway 3—Grade 8. In addition to meeting local promotion requirements, students in grade 8 shall demonstrate proficiency by having assessment scores at Level III or above on an end-of-grade assessment in both reading and mathematics. Additionally, the LEA shall use the grade 7 writing assessment as a screen to determine whether students are making adequate progress in developing writing skills. If a student has not scored at or above grade level proficiency as defined in Rule .0501(3) of this Section on the grade 7 writing assessment, the school shall provide intervention and assistance to develop writing skills. The principal and teacher(s) shall use locally developed and scored writing samples during grade 8 to determine if students have made adequate progress to be promoted to grade 9. Students who score at Level III or above on reading and mathematics, who meet all local promotion standards, and who make adequate progress in writing shall be promoted to grade 9 unless the school principal shall determine otherwise in consultation with teacher(s).

(d)  Gateway 4—Grade 12. Students shall meet state graduation requirements as defined by Rule .0503 of this Section and local school board requirements to receive a North Carolina high school diploma.

 

History Note:        Authority G.S. 115C-12(9b); 115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;

Eff. December 1, 1999;

Amended Eff. January 2, 2006; August 1, 2001.

 

16 ncac 06d .0503         state GRADUATION REQUIREMENTS

(a)  In order to graduate and receive a high school diploma, public school students shall meet the requirements of Paragraph (e) of this Rule and shall attain passing scores on competency tests adopted by the SBE and administered by the LEA. The passing score for the competency test, which is the same as grade-level proficiency as set forth in Rule .0502 of this Subchapter, shall be level III or higher.

(b)  Students who satisfy all state and local graduation requirements but who fail the competency tests shall receive a certificate of achievement and transcript and shall be allowed by the LEA to participate in graduation exercises.

(c)  Special education students, other than students who are following the occupational course of study in Paragraph (e)(1)(D) of this Rule, may apply in writing to be exempted from taking the competency tests. Before it approves the request, the LEA must assure that the parents, or the child if aged 18 or older, understand that each student must pass the competency tests to receive a high school diploma.

(d)  Any student who has failed to pass the competency tests by the end of the last school month of the year in which the student's class graduates may receive additional remedial instruction and continue to take the competency tests during regularly scheduled testing until the student reaches maximum school age. Special education students who are following the occupational course of study in Paragraph (e)(1)(D) of this Rule shall not be required to pass the competency test or the exit exam referred to in 16 NCAC 06D .0502(d)(2) in order to graduate and receive a diploma.

(e)  In addition to the requirements of Paragraph (a) of this Rule, students must successfully complete 20 course units in grades 9-12 as specified below.

(1)           Effective with the class entering ninth grade for the first time in the 2000-2001 school year, students shall select one of the following four courses of study:

NOTE: All students are encouraged, but not required, to include at least one elective course in arts education.  Unless included as career/technical education credits in the career preparation course of study, courses in R.O.T.C. qualify for credit as electives in any of the courses of study.

(A)          career preparation, which shall include:

(i)            four credits in English language arts, which shall be English I, II, III, and IV;

(ii)           three credits in mathematics, one of which shall be algebra I (except as limited by G.S. 115C-81(b));

(iii)          three credits in science, which shall include biology, a physical science, and earth/environmental science;

(iv)          three credits in social studies, which shall be Civics and Economics, U.S. history, and World history:

(v)           one credit in health and physical education;

(vi)          four credits in career/technical education, which shall be in a career concentration or pathway that leads to a specific career field and which shall include a second-level (advanced) course; or four credits in one of the four disciplines in arts education: theatre, music, visual arts, or dance; or four credits in R.O.T.C.;

(vii)         two elective credits; and

(viii)        other credits designated by the LEA.

(B)          college technical preparation, which shall include:

(i)            four credits in English language arts, which shall be English I, II, III, and IV;

(ii)           three credits in mathematics, which shall be either algebra I, geometry, and algebra II; or algebra I, technical mathematics I, and technical mathematics II; or integrated mathematics I, II, and III;

(iii)          three credits in science, which shall include biology, a physical science, and earth/environmental science;

(iv)          three credits in social studies, which shall be Civics and Economics, U.S. history, and World history:

(v)           one credit in health and physical education;

(vi)          four credits in career/technical education, which shall be in a career concentration or pathway that leads to a specific career field and which shall include a second-level (advanced) course;

(vii)         two elective credits; and

(viii)        other credits designated by the LEA.

NOTE: A student who is pursuing this course of study may also meet the requirements of a college/university course of study by completing one additional mathematics course for which Algebra II is a prerequisite and, effective with the class entering the ninth grade for the first time in the 2002-03 school year, two credits in the same second language. 

(C)          college/university preparation, which shall include:

(i)            four credits in English language arts, which shall be English I, II, III, and IV;

(ii)           three credits in mathematics, which shall be algebra I, algebra II, and geometry or a higher level course for which algebra II is a prerequisite; or integrated mathematics I, II, and III; however, effective with the class entering the ninth grade for the first time in the 2002-03 school year, this requirement shall become four credits in mathematics, which shall be algebra I, algebra II, geometry, and a higher level course for which algebra II is a prerequisite; or integrated mathematics I, II, III, and one course beyond integrated mathematics III;

(iii)          three credits in science, which shall include biology, a physical science, and earth/environmental science;

(iv)          three credits in social studies, which shall be Civics and Economics, U.S. history, and World history:

(v)           one credit in health and physical education;

(vi)          two credits in the same second language or demonstration of proficiency in a language other than English as determined by the LEA;

(vii)         four elective credits, except that effective with the class entering the ninth grade for the first time in the 2002-03 school year, this shall be reduced to three elective credits; and

(viii)        other credits designated by the LEA.

(D)          occupational, which shall include:

(i)            four credits in English language arts, which shall be Occupational English I, II, III, and IV;

(ii)           three credits in mathematics, which shall be Occupational Mathematics I, II, and III;

(iii)          two credits in science, which shall be Life Skills Science I and II;

(iv)          two credits in social studies, which shall be Government/U.S. History and Self-Advocacy/Problem Solving;

(v)           one credit in health and physical education;

(vi)          six credits in occupational preparation education, which shall be Occupational Preparation I, II, III, IV, 300 hours of school-based training, 240 hours of community-based training, and 360 hours of paid employment;

(vii)         four vocational education elective credits;

(viii)        computer proficiency as specified in the student's IEP;

(ix)          a career portfolio; and

(x)           completion of the student's IEP objectives.

(2)           Effective with the class entering ninth grade for the first time in the 2006-2007 school year, students who are following the career preparation, college technical preparation, or college/university preparation courses of study shall meet the following exit standards:

(A)          successfully complete a senior project that is developed, monitored, and scored within the LEA using state-adopted rubrics; and

(B)          score at proficiency level III or above on the end-of-course assessment for English I, U.S. History, Biology, Civics and Economics, and Algebra I. A student who does not score at proficiency level III or above on the end-of-course assessment for any of these courses but who passes the course shall be offered the opportunity to retake the assessment no later than three weeks from the receipt of assessment results. If the student does not score at or above proficiency level III on the retest, school officials shall apply the review process described in Rule .0504 of this Section to provide focused intervention, a second retest opportunity, and a review of the student's documentation to determine whether the student has met the exit standard for the course. The principal shall make the final decision as to whether the student has met the exit standard.

(3)           LEAs may count successful completion of course work in the ninth grade at a school system which does not award course units in the ninth grade toward the requirements of this Rule.

(4)           LEAs may count successful completion of course work in grades 9-12 at a summer school session toward the requirements of this Rule.

(5)           LEAs may count successful completion of course work in grades 9-12 at an off-campus institution toward the locally-designated electives requirements of this Rule.  23 NCAC 02C .0305 shall govern enrollment in community college institutions.

(f)  Effective with the class of 2001, all students must demonstrate computer proficiency as a prerequisite for high school graduation. The passing scores for this proficiency shall be 47 on the multiple choice test and 49 on the performance test. This assessment shall begin at the eighth grade. A student with disabilities shall demonstrate proficiency by the use of a portfolio if this method is required by the student's IEP.

(g)  Special needs students as defined by G.S. 115C-109, excluding gifted and pregnant, who do not meet the requirements for a high school diploma shall receive a graduation certificate and shall be allowed to participate in graduation exercises if they meet the following criteria:

(1)           successful completion of 20 course units by general subject area (4 English, 3 math, 3 science, 3 social studies, 1 health and physical education, and 6 local electives) under Paragraph (e) of this Rule. These students are not required to pass the specifically designated courses such as Algebra I, Biology or United States history; and

(2)           completion of all IEP requirements.

 

History Note:        Authority G.S. 115C-12(9b); 115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;

Eff. December 1, 1999;

Amended Eff. January 2, 2006; April 1, 2005; September 1, 2002; December 1, 2001; December 1, 2000.

 

16 NCAC 06D .0504         REVIEW PROCEDURES

For students who do not score at Level III or above on the reading and mathematics tests and for students in Grades 5 and 8 who are not making adequate progress in developing writing skills, the school district shall follow these procedures to determine if students are performing at grade level and are able to succeed at the next grade:

(1)           Students who score below Level III on an end-of-grade test shall be given a second test no later than three weeks from the receipt of test results. Parents may request that their child be excused from the second administration of the test. In this case, the parents and child shall be deemed to have accepted participation in focused intervention.

(2)           Teachers or parents may request a promotion for students who score below Level III on an end-of-grade test after the second or third test administration. Teachers shall provide documentation of the students= performance during a review process. Documentation may include:

(a)           student work samples,

(b)           other test data,

(c)           information supplied by parents,

(d)           for students with disabilities, information that is included in the individualized education program (IEP).

(e)           other information that verifies that a student is at grade level. Students with disabilities shall be at grade level or be making adequate progress to meet requirements at grade level.

(3)           Students who are not promoted after the second or third administration of the test shall be given focused intervention of a time period that is instructionally sound. Strategies may include, but are not limited to, alternative learning models, special homework, smaller classes, tutorial sessions, extended school day, Saturday school, modified instructional programs, parental involvement, summer school instruction, or retention.

(4)           The LEA shall appoint a committee to review student promotion requests. This committee shall be composed of teachers and either principals from other schools or central office staff and shall make recommendations to the student=s principal about whether the student should be promoted to the next grade. This recommendation shall be based on documentation presented by teachers on behalf of the student. Special education personnel shall be on the committee if a student with a disability is being considered for a promotion. Parents of any student being presented for review shall have the right to be a non-voting participant, and further shall have the right to speak on behalf of their child.

 

History Note:        Authority G.S. 115C-12(9b); 115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;

Eff. December 1, 1999.

 

16 NCAC 06D .0505         LOCAL ACCOUNTABILITY PROCEDURES

(a)  Promotion decisions shall be made according to local policy and discretion, but shall include statewide student accountability standards at grades 3, 5, 8 and high school. At a minimum, each local board of education shall adopt procedures to ensure that students are treated fairly. The policy shall recognize the statutory authority of the principal to make promotion decisions.

(b)  Local boards of education policies shall be consistent with statewide student accountability policies. The policies shall include notification and involvement of parents and agreement of parental expectations signed by parents or guardians.

(c)  School districts shall provide focused intervention to all students who do not meet statewide student accountability standards. This intervention shall involve extended instructional opportunities that are different and supplemental and that are specifically designed to improve these students' performance to grade level proficiency. Students who do not meet promotion standards shall have personalized education plans with the following components: diagnostic evaluation, intervention strategies, and monitoring strategies. Strategies may include, but are not limited to, alternative learning models, special homework, smaller classes, tutorial sessions, extended school day, Saturday school, modified instructional programs, parental involvement, summer school instruction, or retention.

(d)  LEAs and schools shall report annually to the Department their progress in increasing the number of students who meet the standard for grade-level promotion. LEAs and schools shall use percentages of students who are above grade-level proficiency and of those who have moved from Level I to Level II to compare progress from year to year. Annually, local boards of education shall report the following information by race, ethnicity, exceptionality, and socio-economic status to the State Board of Education:

(1)           number and percent of students promoted by school who did not score at Level III or above on the designated tests at gateways 1, 2, and 3;

(2)           number and percent of students who have moved across achievement levels in reading and mathematics at gateways 1, 2, and 3.

(e)  The NC standardized high school transcript shall certify a level of proficiency in high school courses through both grades and test scores. Test scores must be recorded on the standardized transcript. In order to inform parents and students of student progress, LEAs shall issue the transcript to students at the end of each year.

(f)  End-of-course test results shall be used as part of the student's final grade as provided in Rule .0305(c) of this Subchapter.

 

History Note:        Authority G.S. 115C-12(9b); 115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;

Eff. December 1, 1999;

Amended Eff. April 1, 2005.

 

16 NCAC 06D .0506         STUDENTS WITH DISABILITIES

(a)  Unless exempted pursuant to Paragraph (b) of this Rule, all students with disabilities shall participate in the statewide student accountability promotion standards for elementary, middle, and high school levels.

(b)  Students with disabilities may be exempted from the statewide student accountability promotion standards by the IEP team, including the principal or school district representative. These students shall demonstrate evidence of progress on alternate assessments. Alternate assessments shall be performance measures that assess the educational progress of students with disabilities who are unable to participate in the general large-scale assessment system even when accommodations are provided to the student.

(c)  All interventions/remediation and other opportunities, benefits and resources that are made available to students without disabilities shall be made available to students with disabilities who participate in the student promotion standards. All services offered shall be in addition to the special education services provided to the student.

 

History Note:        Authority G.S. 115C-12(9b); 115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;

Eff. December 1, 1999;

Amended Eff. April 1, 2005.

 

16 NCAC 06D .0507         STUDENTS WITH LIMITED ENGLISH PROFICIENCY

Students of limited English proficiency shall meet the same standards as all students. However, in accordance with federal law, English language proficiency cannot be the factor that determines that a student has not met performance standards at each gateway. Therefore, LEAs shall use the following guidelines:

(1)           Gateways 1, 2, and 3:

(a)           If a student scores below advanced in reading or writing on the state English language proficiency assessment, the student may be eligible for a waiver from the test standard for promotion through no more than two consecutive gateways.

(b)           A local teacher or administrator or the student's parent or legal guardian must request the waiver. The person making the request for a waiver must submit evidence of student work to a local committee of teachers and administrators to determine if:

(i)            the student's English language proficiency is the cause of the student's inability to perform at grade level on the required tests; and

(ii)           documentation indicates that the student is making adequate progress in all academic areas to be promoted to the next level.

(2)           Gateway 4, High School Graduation Requirements. Limited English proficient students shall meet the same standards as all students for high school graduation.

(3)           School districts shall provide focused intervention for these students until they have met statewide promotion standards and high school graduation requirements (up to age 21). This intervention shall involve extended, supplemental instructional opportunities that include assistance in the development of English language proficiency. These students shall have personalized education plans with the following components: diagnostic evaluation, intervention strategies, and monitoring strategies.

 

History Note:        Authority G.S. 115C-12(9b); 115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;

Eff. December 1, 1999;

Amended Eff. April 1, 2005.

 

16 NCAC 06D .0508         NC GENERAL ASSEMBLY'S READ TO ACHIEVE PROGRAM

(a)  Local education agencies (LEAs) shall enact third grade retention and promotion policies consistent with G.S. 115C-83.1, 83.3, and 83.7.

(b)  Pursuant to G.S. 115C-83.3(2), LEAs shall use the Read to Achieve test as the alternative assessment in connection with G.S. 115C-83.7 and 83.8.

 

History Note:        Authority G.S. 115C-83.1; 115C-83.3; 115C-83.7; 115C-83.8;

Eff. July 1, 2014.

 

 

 

SUBCHAPTER 6E ‑ STUDENTS

 

SECTION .0100 ‑ ATTENDANCE

 

16 NCAC 06E .0101          ATTENDANCE DEFINED

To be considered in attendance, a student shall be present in the school or at a place other than the school with the approval of the appropriate school official to attend an authorized school activity.  These activities include field trips, athletic contests, student conventions, music festivals or similar activities.

 

History Note:        Authority G.S. 115C‑379;

Eff. July 1, 1986;

Amended Eff. June 1, 1996.

 

16 NCAC 06E .0102          ATTENDANCE EXCUSED

(a)  LEAs shall excuse the temporary absence of a student upon a showing of satisfactory evidence of one of the following bases:

(1)           Illness or injury prevents the student from being physically able to attend school.

(2)           The local health officer or the State Board of Health orders the isolation of the student.

(3)           The student is absent due to the death of a member of the immediate family.

(4)           The student has a medical or dental appointment.

(5)           The student is a party to or is under subpoena as a witness in the proceedings of a court or administrative tribunal.

(6)           The student is absent due to a religious observance in accordance with local school board policy.

(7)           The student obtains prior approval to take advantage of a valid educational opportunity, such as travel.

(b)  LEAs may excuse temporary or occasional absences for other reasons in accordance with local board policies, provided that the student has been in attendance for at least one-half of the school day.

 

History Note:        Authority G.S. 115C‑379;

Eff. July 1, 1986;

Amended Eff. June 1, 1996.

 

16 NCAC 06E .0103          ENFORCEMENT

Each LEA must enforce the state laws and regulations which relate to compulsory attendance.  LEAs may adopt rules which allow teachers to consider a student's absences in the computation of the student's grades.

 

History Note:        Authority G.S. 115C‑379;

Eff. July 1, 1986.

 

16 NCAC 06E .0104          INVOLUNTARY SUSPENSIONS

The absence of a student which results from the suspension or expulsion of that student for misconduct pursuant to the provisions of G.S. 115C-391 shall not be used for a compulsory attendance violation action.

 

History Note:        Authority G.S. 115C-379;

Eff. July 1, 1986;

Amended Eff. June 1, 1996.

 

16 NCAC 06E .0105          EARLY ADMISSION TO KINDERGARTEN

(a)  To determine the eligibility of a four-year-old child to enter kindergarten pursuant to the provisions of G.S. 115C-364(d), the principal shall confer with a committee of professional educators to consider for each child the following factors:

(1)           Student Aptitude. The child shall be precocious in academic and social development and shall score at the  98th percentile on a standard individual test of intelligence such as the Stanford-Binet, The Wechsler Preschool and Primary Scale of Intelligence, the Kaufman Anderson, or any other comparable test administered by a licensed psychologist.

(2)           Achievement. The child shall be functioning from two to three years beyond the child's peers. The child shall score at the 98th percentile on either reading or mathematics on a standard test of achievement such as the Metropolitan Readiness Test, the Stanford Early School Achievement Test, The Mini Battery of Achievement, the Woodcock-Johnson, the Test of Early Mathematics Ability (TEMA), the Test of Early Reading Ability (TERA), or any other comparable test administered by a licensed psychologist, a member of the psychologist's professional staff, or a professional educator who is trained in the use of the instrument and who has no conflict of interest in the outcome of the assessment.

(3)           Performance. The child shall be able to perform tasks well above age peers as evidenced by behaviors in one or more areas such as independent reading, problem solving skills, advanced vocabulary, and some writing fluency. The parent shall submit a sample of the child's work that shows outstanding examples of ability in any area including, but not limited to, art, mathematics, writing, dramatic play, creative productions, science, or social interactions. The principal may also require a teacher to complete an informal reading assessment of the child.

(4)           Observable Student Behavior/Student Interest. The child shall demonstrate social and developmental maturity sufficient to participate in a structured setting for a full school day. The child shall be capable of following verbal instructions and functioning independently within a group. The parent shall provide two recommendation letters with specific documentation of physical and social maturity from preschool teachers, child care workers, pediatricians, or others who have direct knowledge of the child. Useful documentation checklists include the California Preschool Competency Scale, the Harrison Scale, or any other comparable scale of early social development.

(5)           Motivation/Student Interest. The principal or principal's designee shall conduct an informal interview with the child and a more structured interview with the parent to determine if the child displays a thirst for knowledge and seeks new and challenging learning situations.

(b)  The parent shall present the information required by this Rule to the principal within the first 30 calendar days of the school's instructional year. All testing shall be administered after the April 16th that follows the child's fourth birthday. The principal shall decide whether to grant the parent's request for enrollment within three weeks after receiving this information. The principal may conditionally enroll the child for up to 90 days in order to observe whether the child is able to adjust to the school setting. If the principal determines that the child has not adjusted to the school setting, the principal shall deny the request for enrollment. However, before the child is exited from school, the principal shall invite the parent to assist in the development of intervention strategies for the child. If those strategies are not successful, the principal shall provide the parent at least 10 days notice before exiting the child from school so the parent may arrange child care, if needed.

(c)  LEAs may require parents to supply information in addition to that required by this Rule. LEAs may also require specific tests or other measures to provide information relating to the factors listed in Paragraph (a) of this Rule.

(d)  Early admission to kindergarten shall not automatically result in the placement of the child in the program for academically gifted students. By the time the child has been enrolled for 90 calendar days, or at any earlier time that school officials determine that the child has adjusted satisfactorily and shall be allowed to remain in school, the gifted identification team shall review the child's information to determine if the child shall receive gifted services. If the team determines that the child shall receive gifted services, it shall develop either a differentiated education plan or an individual differentiated education plan for the child.

 

History Note:        Authority G.S. 115C-364(d); N.C. Constitution, Article IX, Sec. 5;

Temporary Adoption Eff. August 18, 1997;

Eff. March 15, 1999.

 

SECTION .0200 ‑ SCHOOL ATHLETICS AND SPORTS MEDICINE

 

16 NCAC 06E .0201          DEFINITIONS

As used in this Section:

(1)           "Paramedical emergency life saving services" means the provision of first aid and cardio‑pulmonary resuscitation services.

(2)           "Sports medicine services" means those services which relate to the prevention and management of injuries received by students participating in school sports activities.

 

History Note:        Authority G.S. 115C‑12(12); N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986.

 

16 NCAC 06E .0202          INTERSCHOLASTIC ATHLETICS

(a)  Only students in grades 7-12 may participate in interscholastic athletic competition. In order to qualify for public school participation, a student must meet the following requirements:

(1)           The student must meet the residence criteria of G.S. 115C-366(a). The student may participate only at the school to which the student is assigned by the LEA, or, if over the age requirements, the school to which the student would be assigned at the next higher grade level.

(2)           The student must meet age requirements at each grade level to participate. The principal must have evidence of the legal birth date of the student. A student who is ineligible to participate at one grade level due to age is eligible to participate at the next higher grade level only. However, no student may participate at the high school level for a period lasting more than eight consecutive semesters, beginning with the student's first entry into grade nine or participation on a high school team, whichever occurs first.

(A)          A student is eligible to participate in high school athletic contests during a school year if the student does not reach the 19th birthday on or before October 16 of that school year.

(B)          A student shall not participate on a ninth grade junior high school team if the student becomes 16 years of age on or before October 16 of that school year.

(C)          A student shall not participate on a seventh or eighth grade team if the student becomes 15 years of age on or before October 16 of that school year.

(3)           In grades 9-12, the student must pass at least 75% of the maximum of possible courses each semester and meet promotion standards established by the LEA. In grades 7 and 8, the student must pass at least one less course than the number of required core courses each semester and meet promotion standards established by the LEA. Regardless of the school organization pattern, a student who is promoted from the eighth grade to the ninth grade automatically meets the courses passed requirement for the first semester of the ninth grade.

(4)           The student must receive a medical examination each year (365 days) by a duly licensed physician, nurse practitioner, or physician assistant, subject to the provisions of G.S. 90-9, G.S. 90-18.1, and G.S. 90-18.2.

(5)           The student may not participate after any of the following:

(A)          graduation;

(B)          becoming eligible to graduate;

(C)          signing a professional athletic contract;

(D)          receiving remuneration as a participant in an athletic contest; or

(E)           participating on an all-star team or in an all-star game that is not sanctioned by the association of which the student's school is a member. The student is ineligible only for the specific sport involved.

(b)  Each principal of a school which participates in interscholastic athletics must certify a list of eligible students for each sport.

(c)  Any student-athlete, coach or school official in grades 7-12 who is ejected from any athletic contest shall be penalized as follows:

(1)           for the first offense, the person shall be reprimanded and suspended for the next game at that level of play (varsity or junior varsity) and for any intervening games at either level;

(2)           for a second offense, the person shall be placed on probation and suspended for the next two games at that level of play (varsity or junior varsity) and for any intervening games at either level.

(3)           for a third offense, the person shall be suspended for one calendar year.

(4)           a coach who is suspended at any level of grades 7-12 (middle school, junior high or high school) may not coach in any other grade level in grades 7-12 during the period of suspension.

(5)           penalties are cumulative from sport to sport and from sport season to sport season. If no member of the school's coaching staff is present to assume an ejected coach's duties, the contest shall be terminated by a forfeit.

(d)  LEAs may allow their schools to belong to the North Carolina High School Athletic Association (NCHSAA), which has established as a minimum the rules adopted by the SBE. The NCHSAA may waive any eligibility requirement contained in this Rule, except the age requirement, if it finds that the rule fails to accomplish its purpose or it works an undue hardship when applied to a particular student. The NCHSAA may enforce penalties for the violation of this Rule at the high school level.

(e)  The LEA which has jurisdiction over the school may impose additional penalties. LEAs or conferences may adopt and impose penalties at the middle and junior high school levels.

 

History Note:        Filed as a Temporary Amendment Eff. December 27, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Codifier of Rules Objected to the Findings of Need for the Temporary Rule Eff. December 9, 1994;

                                Authority G.S. 115C‑47(4);

Eff. July 1, 1986;

                                Amended Eff. June 1, 1996; July 1, 1995; July 1, 1994; July 1, 1990;

                                Amended Eff. August 1, 2000.

 

16 NCAC 06E .0203          ATHLETIC INJURY MANAGEMENT

(a)  Each LEA must designate for each high school within its jurisdiction either a licensed athletic trainer who is qualified pursuant to G.S. 90, Article 34 or a first responder. These persons may be employed on a full-time or part-time basis or may serve as a volunteer.

(b)  A first responder must complete and maintain certification or be in the process of completing courses in the following:

(1)           cardio-pulmonary resuscitation as certified by an organization such as the American Red Cross or the American Heart Association;

(2)           first aid as certified by an organization such as the American Red Cross or the American Heart Association; and

(3)           injury prevention and management as certified by an organization such as the National Athletic Trainers Association, the North Carolina Athletic Trainers Association, or the North Carolina High School Athletic Association.

In addition, each first responder must complete 20 hours in staff development each school year.

(c)  The licensed athletic trainer or first responder may not have coaching responsibilities during the season in which the person is working as a licensed athletic trainer or first responder. A licensed athletic trainer or first responder must attend all football practices and games, unless excused by the superintendent due to emergency. The LEA may require a licensed athletic trainer or first responder to attend practices or games that involve other sports.

 

History Note:        Authority G.S. 115C-12(12); N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Codifier determined that findings did not meet criteria for temporary rule on December 10, 2001;

Temporary Amendment Eff. December 31, 2001;

Amended Eff. September 30, 2002 (Executive Order No. 33).

 

section .0300 – driver training

 

16 NCAC 06E .0301          DRIVER TRAINING

(a)  In discharging their duty to provide a course of training and instruction in the operation of motor vehicles as set forth in G.S. 115C-216, local boards of education shall provide a program which meets the following standards and requirements:

(1)           Principals shall enroll students who meet the criteria established by G.S. 20-88.1(a)(i), (iii) and (iv);

(2)           The program will be free of charge to eligible students;

(3)           Enrollees must obtain either a temporary learner's permit or a restricted instruction permit before they begin behind-the-wheel instruction.

(4)           Classroom instruction will consist of at least 30 clock hours of instruction.  Beginning in school year 1992-93, students may take and pass a proficiency examination developed or designated by the Department of Public Instruction to waive the classroom instruction. Each student must complete a minimum of 6 hours of behind-the-wheel instruction.

(5)           The program will be reasonably available on a year-round basis to all eligible persons.

(6)           The local board of education will determine class size restrictions, but may not allow instruction in the car to less than two nor more than four students.

(7)           The local board of education will determine the amount of instruction per day for classroom or in-car instruction or a combination of both.

(8)           The local board of education will issue a certificate to students who satisfactorily complete the prescribed course.

(9)           Driver education instructors must possess a valid North Carolina driver's license and must have a driving record acceptable to the local board of education. In addition, instructors hired for driver education shall either:

(A)          hold a driver education certificate issued by the SBE; or

(B)          have non-certified status according to minimum standards established by Rule .0302 of this Section.

(10)         The program shall not be provided during the regular instructional day.

(b)  Two or more local boards of education may jointly operate a program under a written agreement meeting the requirements of G.S. 160A-460 et seq.  The agreement shall provide for one local board of education to assume administrative responsibility for the program.

(c)  For purposes of G.S. 20-11, G.S. 20-13.2(c1), and G.S. 115C-12(28), the following definitions shall apply:

(1)           "High school diploma or its equivalent" means and includes the General Equivalency Diploma (G.E.D.) and the adult high school diploma.

(2)           "Making progress toward obtaining a high school diploma" means that the student must pass at least seventy percent (70%) of the maximum of possible courses each semester and meet promotion standards established by the LEA.

(3)           "Substantial hardship" means a demonstrable burden on the student or the student's family as evidenced by circumstances such as the following:

(A)          The parent is unable to drive due to sickness or other impairment and the student is the only person of driving age in the household.

(B)          The student requires transportation to and from a job that is necessary to the welfare of the student's family and the student is unable to obtain transportation by any means other than driving.

(C)          The student has been unable to attend school due to documented medical reasons, but the student is demonstrating the ability to maintain progress toward obtaining a high school diploma.

(4)           A "student who cannot make progress toward obtaining a high school diploma or its equivalent" shall mean a student who has been identified by the principal or principal's designee, together with the IEP committee or the school's student assistance team, as not having the capacity to meet the requirements for a high school diploma or its equivalent due to a disability.

(5)           "Exemplary behavior" shall mean that a student whose operator's permit or license has been revoked pursuant to G.S. 20-13.2(c1) and who has returned to school has, since returning to school:

(A)          had no additional incidents of misconduct for which expulsion, suspension, or assignment to an alternative educational setting is required; and

(B)          had no violations of local school board policies such as attendance, dress codes, or other behaviors that may result in disciplinary action against the student.

(6)           "Successful completion of a treatment counseling program" shall mean completion of a minimum of 12 hours of drug or alcohol treatment, counseling, a mental health treatment program, or other intervention program required by the LEA.

(d)  Each LEA shall determine the process by which decisions concerning the issuance of a driving eligibility certificate shall be appealed.

(e)  The principal of a high school or the principal's designee shall notify the Division of Motor Vehicles whenever a student is no longer making progress toward obtaining a high school diploma or its equivalent or when the student has dropped out of school.

(f)  Each charter school, non-public school, and community college shall designate an official who shall notify the Division of Motor Vehicles whenever a student is no longer making progress toward obtaining a high school diploma.

 

History Note:        Filed as a Temporary Adoption Eff. August 12, 1991 for a period of 180 days to expire on February 7, 1992;

Authority G.S. 20‑88.1; 115C-12(28); 115C‑216;

ARRC Objection Lodged August 22, 1991;

Eff. March 1, 1992;

Temporary Amendment Eff. August 15, 1998;

Temporary Amendment Eff. March 15, 2000;

Amended Eff. July 1, 2000;

Temporary Amendment Eff. March 15, 2000 expired on December 10, 2000;

Amended Eff. July 18, 2002.

 

16 NCAC 06E .0302          NON‑CERTIFIED INSTRUCTOR STATUS

To qualify for non‑certified instructor status, a person must, as a minimum:

(1)           be at least 21 years of age and have graduated from high school or hold a high school equivalency certificate;

(2)           be of good moral character;

(3)           not have had convictions of moving violations totaling seven or more points in the three years preceding the date of application;

(4)           have at least four years' experience as a licensed operator of a motor vehicle;

(5)           not have had a revocation or suspension of his or her driver's license in the four years immediately preceding the date of application; and

(6)           have completed the licensed instructor course offered through the community college system and approved by the Department and the Division of Motor Vehicles.

 

History Note:        Filed as a Temporary Adoption Eff. August 12, 1991 For a Period of 180 Days to Expire on February 7, 1992;

Authority G.S. 20‑88.1; 115C‑216;

Eff. March 1, 1992.

 

16 NCAC 06E .0303          DRIVER EDUCATION CONTRACTS

(a)  Local boards of education may enter into contracts with public or private entities or individuals to provide a program of driver education for students.

(b)  Contracts shall be awarded on a competitive basis through requests for proposals to contract.  Local boards of education shall establish the process for soliciting proposals, the number of proposals required, and the time and place for receiving and opening proposals.  In addition, local boards of education shall determine whether bid bonds or performance bonds shall be required.  Decisions to award contracts shall be based on quality, safety, costs and such other reasonable factors as local boards of education may establish.

(c)  A contract may not be awarded to an entity not licensed by the Division of Motor Vehicles as a commercial driving school pursuant to G.S. 20‑322.  A contract may be awarded to an individual not licensed as a commercial driving school by the Division of Motor Vehicles if he or she is certified by the SBE in driver education or hold non‑certified instructor status.

(d)  All contracts shall specifically require the contractor to adhere to the requirements of these Rules, 16 NCAC 6E .0301 ‑ .0303.  In addition, all contracts shall prescribe:

(1)           the term of the contract, which may not exceed one year;

(2)           the procedure for renewal of the term of the contract, if any, except that a contract may not be renewed for more than two successive one‑year terms;

(3)           the grounds for termination of the contract, including automatic termination in the event of revocation of the license required by G.S. 20‑325;

(4)           whether school facilities or vehicles are to be leased or used by the contractor and, if so, the terms and conditions or the lease;

(5)           whether the contractor will provide transportation home for students;

(6)           the types of vehicles and equipment to be provided by the contractor, if any; and

(7)           such other terms and conditions, including the purchase of insurance by the contractor, as the local board of education may determine to be reasonable and appropriate.

 

History Note:        Filed as a Temporary Adoption Eff. August 12, 1991 For a Period of 180 Days to Expire on February 7, 1992;

Authority G.S. 20‑88.1; 115C‑216;

Eff. March 1, 1992.

 

 

 

SUBCHAPTER 6F ‑ GENERAL PUBLIC RELATIONS

 

 

16 NCAC 06F .0101          DEFINITIONS

As used in this Section:

(1)           "Local matching funds" included in the community schools approved budget means that fiscal support which is derived from all local revenue sources, except that LEAs may not use fees charged to program participants or funds derived from charges for the use of facilities as revenue for this budget.

(2)           "Local interagency advisory council" means a system‑wide council comprised of community agency representatives.  The council may also include representatives from local organizations, groups and institutions as deemed appropriate.

 

History Note:        Authority G.S. 115C‑206;

Eff. July 1, 1986.

 

16 NCAC 06F .0102          LOCAL REQUIREMENTS

LEAs which elect to apply for state community schools funds and to develop a local program must:

(1)           appoint a community schools advisory council;

(2)           adopt policies, rules and plans for increased community involvement in public schools and their programs; and

(3)           adopt policies, rules and plans for increased use of public school facilities by individuals, organizations and agencies.

 

History Note:        Authority G.S. 115C‑206;

Eff. July 1, 1986.

 

16 NCAC 06F .0103          APPLICATION PROCESS

LEAs make application to participate on forms supplied by the Department.  The LEA must include in the application:

(1)           plans for establishing and involving local community schools advisory councils;

(2)           policies for increased community involvement including volunteers in public schools and increased community use of public school facilities;

(3)           procedures by which the needs of the community and the existing resources available to meet them are assessed;

(4)           the goals and objectives of the proposed program;

(5)           the methods and techniques of cooperation, coordination and collaboration with other agencies;

(6)           the plan for evaluating the program;

(7)           a budget which shows state and local funds to be expended; and

(8)           a program description to include:

(a)           number of school sites to be used;

(b)           age groups to be served;

(c)           types of services to be offered; and

(d)           administrative organization for implementation of the program.

 

History Note:        Authority G.S. 115C‑206;

Eff. July 1, 1986.

 

16 NCAC 06F .0104          CRITERIA FOR REVIEW

(a)  The interagency advisory council on community schools reviews applications according to the following criteria:

(1)           definite statement of goals and objectives specifically related to the purposes of the Community Schools Act;

(2)           specific, clearly defined program plans which include:

(A)          the recruitment, training and use of volunteers as stated in the act;

(B)          the involvement of community schools advisory councils throughout the program's existence;

(C)          the involvement of agencies in program planning and implementation so as to avoid duplicating or competing with programs offered by other agencies; and

(D)          the maximum use of school facilities by individuals, groups, organizations, and agencies;

(3)           a locally developed evaluation plan to measure the impact of the program; and

(4)           the community schools program budget.

(b)  The interagency council makes recommendations to the superintendent, who presents all proposals to the SBE for final approval.

 

History Note:        Authority G.S. 115C‑206;

Eff. July 1, 1986.

 

 

 

SUBCHAPTER 6G ‑ EDUCATION AGENCY RELATIONS

 

SECTION .0100 ‑ PRIVATE BUSINESS AND TRADE SCHOOLSAND CORRESPONDENCE SCHOOLS

 

 

 

16 NCAC 06G .0101         LICENSING PROCEDURES

16 NCAC 06G .0102         BUSINESS SCHOOL REQUIREMENTS

 

History Note:        Authority G.S. 115C‑570(c);

Eff. July 1, 1986;

Repealed Eff. March 1, 1993.

 

SECTION .0200 ‑ ACCREDITATION

 

16 NCAC 06G .0201         ACCREDITATION PURPOSE

The Department uses the accreditation process to monitor LEAs in their implementation of the BEP.

 

History Note:        Authority G.S. 115C‑81; N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986.

 

16 NCAC 06G .0202         ACCREDITATION PROCEDURES

 

History Note:        Authority G.S. 115C‑81; N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. September 1, 1990;

Repealed Eff. August 1, 1999.

 

16 NCAC 06G .0203         High School Accreditation Framework

(a)  The High School Accreditation Framework is the process whereby public schools or school districts undergo a quality assurance process that includes outside review by the North Carolina Department of Public Instruction (NCDPI).

(b)  The process to request an accreditation review and determine high school accreditation is as follows:

(1)           The district superintendent shall make the request in writing and submit it to the SBE;

(2)           The NCDPI shall conduct the review using three years of data;

(3)           The NCDPI shall provide findings to the SBE, and the SBE shall make a decision regarding accreditation; and

(4)           The LEA shall be notified of the SBE decision.

(c)  The NCDPI shall use the following indicators to conduct its accreditation review:

(1)           The school's performance composite;

(2)           The cohort graduation rate, which is the percentage of ninth graders who graduate high school within the same four-year period; and

(3)           Factors of post-secondary readiness measures, including:

(A)          successful completion of Mathematics III;

(B)          ACT, a college readiness assessment; and

(C)          WorkKeys, a career readiness assessment.

(d)  Accreditation shall be valid for five years.

 

History Note:        Authority G.S. 115C-12(39); N.C. Const. Art. IX, Sect. 2 and 5;

Eff. April 1, 2014.

 

SECTION .0300 ‑SCHOOL‑BASED MANAGEMENT AND ACCOUNTABILITY PROGRAM

 

16 NCAC 06G .0301         LOCAL SCHOOL IMPROVEMENT PLANS

16 NCAC 06G .0302         DIFFERENTIATED PAY

 

History Note:        Filed as a Temporary Rule Eff. November 7, 1989 for a period of 180 days to expire on May 6, 1990;

Authority G.S. 115C‑238.1; 115C-238.4;

Eff. May 1, 1990;

Amended Eff. July 1, 1994; March 1, 1993;

Repealed Eff. June 1, 1996.

 

16 NCAC 06G .0303         FLEXIBLE FUNDING

The SBE shall not consider or grant waivers for:

(1)           teacher assistants;

(2)           matching state funds for federal vocational education;

(3)           transportation;

(4)           employee benefits, including annual leave and longevity;

(5)           Willie M.; and

(6)           all federal funds.

 

History Note:        Filed as a Temporary Rule Eff. November 7, 1989 for a period of 180 days to expire on May 6, 1990;

Authority G.S. 115C-238.1;

Eff. May 1, 1990;

Amended Eff. June 1, 1996.

 

16 NCAC 06G .0304         DISPUTE RESOLUTION PROCESS

(a)  In the event a local board of education does not accept a school's improvement plan within 60 days after the school initially submitted the plan to the board, the local board or the school may request the SBE to mediate the disagreement.

(b)  Either the principal of the school or the local board of education may submit a request for mediation to the Department, office of instructional and accountability services.

(c)  The request shall summarize the dispute issues. Both the principal of the school and the chair of the local board of education shall sign the request.

(d)  The office of instructional and accountability services shall review the request and shall inform the principal of the school and the chair of the local board of education of the time and place for the mediation.

(e)  The office of instructional and accountability services shall assign a mediator from persons who have been selected as assistance team members pursuant to G.S. 115C-105.31.

(f)  The mediator shall assist the parties to identify options for solving the disagreement.

(g)  If the mediator determines that the parties can reach an agreement, the mediator shall suggest language and shall write the agreement.  Each party involved shall agree on each part.

(h)  Each party shall sign the agreement.  The agreement shall become a part of the school=s improvement plan. The school shall then submit the improvement plan to the local board of education for its approval.

 

History Note:        Authority G.S. 115C-12(9)c4;

Eff. November 1, 1997.

 

16 ncac 06G .0305         DEFINITIONS

For purposes of this Section, the following definitions shall apply:

(1)           "Accountability measures" are SBE-adopted tests designed to gauge student performance and achievement.

(2)           "Adequate yearly progress" or "AYP" shall have the same definition as set out in P.L. 107-110, section 1111(b)(2)(C).

(3)           "Compliance commission" means that group of persons selected by the SBE to advise the SBE on testing and other issues related to school accountability and improvement. The commission shall be composed of teachers, principals, central office staff representatives, local school board representatives, a charter schools representative, and at-large members who represent parents, business, and the community.

(4)           "C-scale" means change scale, which is a standardized scale to measure student performance across the years and content areas. To convert the developmental scale scores to c-scale scores, subtract the state mean for the standard setting year from the developmental scale score, and then divide by the standard deviation for the standard setting year.

(5)           "C-ratio" means the ratio of student scores that achieve an academic change of "0.00" or greater to those with an academic change of less than "0.00", including in the numerator for high schools when used for calculating high growth, the factor for change in college tech prep and college university prep graduation rate and the change in competency test pass rate and including in the denominator, the factor for change in drop out rate.

(6)           "Eligible students" means the total number of students in membership in the respective grades or enrolled in the respective EOC courses at the time the assessments are administered in a statewide assessment.

(7)           "Expected growth" means having met the standard defined by students on average performing as well in their current grade or content as is typical for the same student in previous grades and contents when using the change scale to compare and allowing for a factor of regression to the mean as defined in this policy.

(8)           "High growth" means the school has met the standard of having a c-ratio of 1.50 or greater.

(9)           "Growth standards" means and includes collectively all the factors defined in this Rule that are used in the calculations described in Paragraph (h) of Rule .0312 of this Section to determine a school's growth/gain composite.

(10)         "Performance Composite" is the percent of scores of students in a school that are at or above Achievement Level III, are at a passing level on the North Carolina Computer Skills Test (students in eighth grade only) as specified by 16 NCAC 06D .0503(f), and at proficiency level or above on the state alternate assessments to the extent that any apply in a given school and consistent with United States Department of Education regulations concerning alternate assessments. The SBE shall:

(a)           determine the number of scores that are at Level III or IV in reading, or mathematics, or writing across grades 3 through 8, or on all EOC assessments administered as a part of the statewide testing program; add the number of scores that are at a passing level on the North Carolina Computer Skills Test (students in eighth grade only); add the number of scores that are proficient or above on the state alternate assessments and use the total of these numbers as the numerator;

(b)           determine the number of student scores in reading, or mathematics, or writing (starting in the 2004-05 school year), across grades 3 through 8, or on all EOC assessments administered as part of the statewide testing program; add the number of students in grade 8; add the number of student scores on the state alternate assessments and use the total of these numbers as the denominator; and

(c)           total the numerators for each content area and subject, total the denominators for each content area and subject, and divide the denominator into the numerator and multiply the quotient by 100 to compute the performance composite.

(11)         "Regression coefficient" means an adjustment factored into the expected growth formula for the purpose of making a prediction about expected student performance. For the purposes of figuring student growth (academic change) the factor shall be 0.08 when using the average of two previous assessments and 0.18 when using a single assessment.

(12)         "Standard setting year" means the first year of the test edition implementation.

(13)         "Students with the most significant cognitive disabilities" means students with disabilities whose IEP has determined shall be assessed using an alternate assessment based on alternate achievement standards as determined by their IEP.

(14)         "Students with persistent academic disabilities" means students with disabilities assessed using an alternate assessment based on modified grade-level achievement standards as determined by their IEP.

(15)         "Weight" means the number of students used in the calculation of the amount of growth for a subject or content area, and the College University Prep/College Tech Prep, the Competency Passing Rate, and the ABCs Dropout Rate components.

 

History Note:        Authority G.S. 115C-12(9)c4.;

Eff. January 1, 1998;

Amended Eff. December 1, 2000;

Temporary Amendment Eff. March 5, 2001;

Amended Eff. January 2, 2006; April 1, 2005; April 1, 2002; September 1, 2001.

 

16 NCAC 06G .0306         IDENTIFICATION OF LOW-PERFORMING SCHOOLS

The SBE shall identify a school as low-performing if its expected growth composite score is less than zero and its composite performance score is less than 50 percent.

 

History Note:        Authority G.S. 115C-12(9)c4;

Eff. January 2, 1998.

 

16 NCAC 06G .0307         ASSISTANCE TEAMS

(a)  When performing its duties under G.S. 115C-105.38, each assistance team appointed by the SBE shall act in an advisory capacity to local school personnel, local school boards, and the SBE.

(b)  Local boards of education and local school employees shall cooperate with assistance teams in the performance of their duties.

(c)  Members of the assistance teams shall be subject to all confidentiality requirements that apply to local school employees.

(d)  In the event of a disagreement between the assistance team and the school improvement team, the assistance team may request help from the central office and the local board of education.

(e)  In carrying out its duty to evaluate employees, members of the assistance team shall:

(1)           be familiar with and follow the provisions of G.S. 115C-326;

(2)           use the appropriate form of the performance evaluation for the category of personnel being evaluated, such as teachers, support personnel, and administrators;

(3)           share its evaluation and recommendations with each employee and the employee's supervisor; and

(4)           notify the SBE of the evaluations for an employee who receives two consecutive evaluations by the assistance team that include findings and recommendations regarding the employee's inadequate performance.

(f)  An assistance team that is assigned by the SBE to a low-performing school may at any time recommend to the SBE that a teacher, assistant principal, director, or supervisor be dismissed or demoted for one or more of the grounds established in G.S. 115C-325(e)(1). The SBE shall provide written notice to the employee of the grounds for the recommendation for dismissal or demotion.

(g)  In reviewing evaluations of a local school employee, the SBE may deem the evaluations of the assistance team to supersede previous evaluations of the employee.

 

History Note:        Authority G.S. 115C-12(9)c4;

Eff. January 2, 1998.

 

16 NCAC 06G .0308         DUE PROCESS PROTECTIONS

(a)  At any hearing conducted by a panel of the SBE pursuant to the provisions of G.S. 115C-325(q)(1), (q)(2), or (q)(2a), the panel shall sit as an impartial tribunal to receive evidence and to decide on the basis of that evidence whether the principal, assistant principal, teacher, supervisor, or director, hereafter referred to as "the employee," shall be dismissed. The assistance team assigned to the school where the employee was assigned shall present the case against the employee.

(b)  Both the employee and the assistance team shall have the right:

(1)           to be represented by counsel at the hearing;

(2)           to subpoena witnesses and documents;

(3)           to examine and cross-examine witnesses under oath; and

(4)           to present relevant evidence using witnesses and documents.

(c)  The panel of the SBE which conducts the hearing shall:

(1)           give written notice to the parties of the time and place of the hearing;

(2)           make a complete record of the evidence received during the hearing; and

(3)           issue subpoenas for witnesses and documents on behalf of any party to the proceedings.

(d)  In any hearing pursuant to the provisions of G.S. 115C-325(q)(2) or (q)(2a), the assistance team shall have the burden of proof.

(e)  Either the employee or the assistance team may within 10 days of notification of the panel's decision give notice of appeal to the full SBE. The appeal shall be on the record with no arguments by counsel except in the form of written briefs of no more than 25 pages. The SBE shall consider the appeal at its next regularly-scheduled meeting that is at least 20 days following receipt of notice of the appeal and shall render a decision within 30 days unless the SBE determines that good cause, as defined by 26 NCAC 03 .0118, exists to extend the period or the parties agree to extend the period. The panel which sat and decided the case shall not be excluded from the full SBE hearing. Appeal from the SBE decision shall be in accordance with G.S. 150B.

(f)  If the SBE appoints an interim superintendent, revokes the superintendent's license, or dismisses the superintendent pursuant to G.S. 115C-105.39(c), the superintendent shall not have the right to a hearing under this Rule but shall have the right to file a contested case petition pursuant to the provisions of G.S. 150B. The SBE shall make written findings to support any of these actions taken pursuant to the provisions of G.S. 115C-105.39(c).

(g)  If the SBE revokes or refuses to renew a teacher's license pursuant to G.S. 115C-296(d), the procedures set forth in 16 NCAC 6C .0312 shall apply.

 

History Note:        Authority G.S. 115C-12(9)c4.; 115C-325(q);

Eff. January 2, 1998;

Amended Eff. August 1, 1999.

 

16 NCAC 06G .0309         SUSPENSION OF POWERS AND DUTIES OF SCHOOL BOARDS

Before the SBE suspends any of the powers and duties of a local board of education pursuant to the provisions of G.S. 115C-39(b) and 115C-105.39(e), the SBE shall provide written notice to the local board of the reasons for which it is considering suspending those powers and duties. If the local board fails to remedy the reasons presented to it by the SBE within 60 days after receiving written notice, the SBE shall enter an order that incorporates the reasons for suspending the powers and duties, the efforts that the local board has made to remedy those reasons, and the period of time during which those powers and duties shall be suspended. Within the first 45 days following the SBE's notification to the local board, the SBE shall provide the local board an opportunity to present a response in an attempt to reach agreement.

 

History Note:        Authority G.S. 115C-12(9)c4;

Eff. November 1, 1997;

Amended Eff. August 1, 1999.

 

16 ncac 06g .0310         annual performance standards, grades 9-12

 

History Note:        Authority G.S. 115C-12(9)c4;

Eff. September 1, 1998;

Repealed Eff. December 1, 2000.

 

16 NCAC 06G .0311         GENERAL KNOWLEDGE TEST FOR CERTIFIED STAFF

The general knowledge test administered to certified staff in low-performing schools under G.S. 115C-105.38A shall be the reading and essay subtests of the Florida College-Level Academic Skills Test.

 

History Note:        Authority G.S. 115C-105.38A;

Codifier of Rules Objected to the Findings of Need for the Temporary Rule Eff. April 15, 1998;

Temporary Adoption Eff. April 24, 1998;

Temporary Adoption Expired February 9, 1999;

Eff. August 1, 1999.

 

16 NCAC 06G .0312         ANNUAL PERFORMANCE STANDARDS

(a)  In carrying out its duty under G.S. 115C-105.35 to establish annual performance goals for each school, the SBE shall use both growth standards and performance standards as follows:

(1)           In grades 3 through 8, when two previous assessments are available, the expectation for student performance in the change scale shall be the average of the two previous assessments minus the results of multiplying the average by the factor for regression to the mean. When only one previous assessment is available, the expectation for student performance shall be the previous assessment score on the change scale minus the result of multiplying the previous score by the factor for regression to the mean as defined in 16 NCAC 06G .0305.

(2)           The expectation for end-of-course scores shall be the average of the two previous assessments as specified below (if they are available) or the one assessment specified below minus the result of multiplying the regression to the mean as defined in 16 NCAC 06G .0305 by either the average of the two previous assessments or the previous assessment.  The expected performance for each end-of-course subject shall be based upon previous performance on the end-of-grade or end-of-course scores as follows:

(A)          For Biology, end-of-grade Reading Grade 8 and English I, if available, or end-of-grade Reading Grade 8 if English I is not available, shall be used.

(B)          For Physical Science, end-of-grade Mathematics Grade 8 shall be used.

(C)          For Physics, Chemistry and Geometry score shall be used.

(D)          For Chemistry, Biology score shall be used.

(E)           For Algebra II, Algebra I score shall be used.

(F)           For Algebra I, end-of-grade Mathematics Grade 8 shall be used.

(G)          For Geometry, Algebra I and end-of-grade Mathematics Grade 8 if available, or Algebra I only, if end-of-grade Mathematics Grade 8 is not available, shall be used.

(H)          For English I, end-of-grade Reading Grade 8 shall be used.

(I)            For US History, English I and Biology if available, or Biology only, if English I is not available, shall be used.

(J)            For Civics and Economics, English I and Biology if available, or English I only, if Biology is not available, shall be used.

(3)           To be included in accountability measures for the growth standard, a student must:

(A)          have a pre-test score and a post-test score as listed in Subparagraph (2) of this Paragraph or the previous two years end-of-grade assessments if available, or last year's assessment if two years are not available.

(B)          have been in membership for the full academic year, which is defined as 140 of 180 days as of the time of end-of-grade or end-of-course testing in a school on traditional schedule, or 70 of 90 days as of the time of end-of-course testing in a school on block schedule.

(4)           Students shall be included in the performance composite without reference to pretest scores or length of membership.

(b)  All eligible students shall take the SBE-adopted tests. The failure of a school to test at least 95 percent of its eligible students for two consecutive years shall be grounds for the SBE to designate the school as low-performing and target the school for assistance and intervention. Each school shall make public the percent of eligible students that the school tests.

(c)  Demographic information from the state student information management system shall be used for each student. In the case of disagreement between the information coded on an answer document and the state student information system used by the LEA, the information in the student information management system shall be used. In the event that required demographic information is not a part of the state student information management system, the LEA shall comply with data requests, in electronic format or by coding on answer documents as required by the SBE.

(d)  Students identified as limited English proficient shall be included in the statewide testing program as follows:

(1)           Students identified as limited English proficient who have been assessed on the state English language proficiency tests as below Intermediate High in reading and who have been enrolled in United States schools for less than two years may participate in the state designated alternate assessment in the areas of reading and mathematics at grades 3 through 8 and 10, science at grades 5 and 8, and in high school courses in which an end-of-course assessment is administered. Students identified as limited English proficient who have been assessed on the state English language proficiency tests as below Superior in writing and who have been enrolled in U.S. schools for less than two years may participate in the state designated alternate assessment in writing for grades 4, 7, and 10.

(2)           To be identified as limited English proficient students must be assessed using the state English language proficiency tests at initial enrollment. All students identified as limited English proficient must be assessed using the state English language proficiency test annually thereafter during the spring testing window. A student who enrolls after January 1 does not have to be retested during the same school year.

(3)           Schools shall:

(A)          continue to administer state reading, mathematics, science, end-of-course assessments, and writing assessments for students identified as limited English proficient who score at or above Intermediate High on the state English language proficiency reading test during their first year in US schools. Results from these assessments shall be included in the ABCs and AYP.

(B)          not require students identified as limited English proficient who score below Intermediate High on the state English language proficiency reading test in their first year in US schools to be assessed on the reading end-of-grade assessments, high school comprehensive test in reading, the writing assessment, the state designated alternate assessment for reading, or the state designated alternate assessment for writing.  Scores from students who are in their first year in U.S. schools and who have scored below Intermediate High on the reading section of the state English language proficiency test shall not be included in either growth, the performance composite or AYP determinations for reading or mathematics.  For purposes of determining participation, the state English language proficiency reading test shall be used as reading participation for the students identified in this section and participation in the state English language proficiency writing test shall be used as writing participation for students identified in this section.

(C)          include students previously identified as limited English proficient, who have exited limited English proficient identification during the last two years, in the calculations for determining the status of the limited English proficient subgroup for AYP only if that subgroup already met the minimum number of 40 students required for a subgroup.

(e)  All students with disabilities including those identified under Section 504 of the Rehabilitation Act of 1973 in membership in grades 3 through 8 and 10 and in high school courses in which an end-of-course assessment is administered shall be included in the statewide testing program through the use of state assessments with or without accommodations or an alternate assessment.  The student's IEP team shall determine whether a student can access the assessment without accommodations, with one or more accommodations, or whether the student should be assessed using a state-designed alternate assessment.  Students with disabilities in grades 3 through 8 and 10 with the most significant cognitive disabilities may participate in a state designated alternate assessment based on alternate achievement standards. For the purposes of ABCs performance composite and AYP these students shall be evaluated by alternate achievement standards.  Only students with the most significant cognitive disabilities may be deemed proficient against alternate achievement standards.  LEAs shall be held to having a maximum of 1percent of their total number of students in the assessed grades (3 through 8 and 10) deemed proficient based on alternate achievement standards for AYP and ABCs purposes. This prohibition shall not apply to student level accountability. If an LEA finds that greater than 1percent of its students in these grades are proficient based on alternate achievement standards, the LEA superintendent may apply to the state superintendent for an exception as prescribed in the Federal Register Vol. 68 No. 236 page 68703 RIN 1810-AA95.  If an LEA does not receive an exception to the 1percent limit and it has exceeded this limit, the state shall randomly reassign enough proficient student scores for students held to alternate achievement standards to non-proficient such that the LEA will fall within the 1percent limitation. This process shall be done using a statistically random process across schools in the LEA and shall apply to AYP and ABCs statuses but not to students.  Students with disabilities in grades 3 through 8 and 10 with persistent academic disabilities as referenced in the NC Accountability Workbook (as accepted by the US Department of Education) may participate in a state designated alternate assessment.  For the purposes of ABCs performance composite and AYP these students shall be evaluated by modified achievement standards.  LEAs shall be held to having a maximum of 2 percent of their total number of students in the assessed grades deemed proficient based on modified achievement standards for AYP and ABCs purposes. This prohibition shall not apply to student level accountability. If an LEA finds that greater than 2 percent of its students in these grades are proficient based on modified achievement standards, the LEA superintendent may apply to the state superintendent for an exception as prescribed in the Federal Register Vol. 68 No. 236 page 68703 RIN 1810-AA95.  If an LEA does not receive an exception to the 2 percent limit and it has exceeded this limit, the state shall randomly reassign enough proficient student scores for students held to modified achievement standards to non-proficient such that the LEA will fall within the 2 percent limitation. This process shall be done using a statistically random process across schools in the LEA and shall apply to AYP and ABCs statuses but not to students.

(f)  The SBE shall calculate a school's attainment of growth in student performance using the following process:

(1)           The SBE shall convert all student scores to the change scale.

(2)           The SBE shall calculate the difference between the expectation for each student using the previous assessments as outlined in this Rule (including the factor for regression to the mean) and the student's actual performance in the current year's assessments.

(3)           The SBE shall average together all differences from all grades and subjects encompassed in the school. This is the Academic Change term.

(4)           The SBE shall calculate a school's growth component in college university prep/college tech prep using the following process:

(A)          The SBE shall compute the percent of graduates who receive diplomas (minus the diploma recipients who completed the Occupational Course of Study) who completed either course of study in the current accountability year. Students shall be counted only once if they complete more than one course of study.

(B)          The SBE shall find the baseline, which is the average of the two prior school years' percent of graduates who received diplomas and who completed a course of study (except for the Occupational Course of Study).

(C)          The SBE shall subtract the baseline from the current year's percentage.

(D)          The SBE shall subtract 0.1, unless the percentages are both 100. If both percentages are 100, the gain is zero.

(E)           The SBE shall divide by 10.0, which is the associated standard deviation. The result is the standard growth for college university prep/college tech prep. This number is then multiplied by the number of graduates for inclusion in the growth standards.

(5)           The SBE shall calculate a school's growth component in the competency passing rate by comparing the grade 10 competency passing rate to the grade 8 passing rate for the group of students in grade 10 who also took the 8th grade end-of-grade assessment.

(A)          The SBE shall subtract the grade 8 rate from the grade 10 rate.

(B)          The SBE shall subtract 0.1.

(C)          The SBE shall divide by 12.8, which is the standard deviation. The result is the standard growth in competency passing rate. The SBE shall multiply this number by the number of 10th graders included in the calculation for inclusion in the growth standards.

(6)           The SBE shall calculate a school's growth component in the drop-out rate by comparing the average percent of dropouts from the two most recent years prior to the current drop-out rate to the current drop out rate for the school as follows:

(A)          The SBE shall subtract the current year drop-out rate from the average of the two previous years' drop-out rate.

(B)          The SBE shall divide by 2.1 (the standard deviation). The result is the standard growth in drop-out rate. The SBE shall multiply this number by ¼ the school average daily membership for inclusion in the growth standards.

(7)           For expected growth, the SBE shall multiply the Academic Change for the school by the number of scores used in Subparagraphs (2) and (3) of this Paragraph and add to that the results from Subparagraphs (4), (5), and (6) of this Paragraph. The SBE shall divide by the number of students included in Subparagraphs (2) and (3) of this Paragraph plus the number of graduates, plus the number of 10th graders from Subparagraph (5) of this Paragraph plus the ¼ ADM from Subparagraph (6) of this Paragraph.  If the resulting number is "0.00" or above, the school has met the expected growth standard.

(8)           The SBE shall compute high growth using as the high growth standard a c-ratio of 1.50 or greater when the school has already met the expected growth standard.

(g)  If school officials believe that the school's growth standards were unreasonable due to specific, compelling reasons, the school may appeal its growth standards to the SBE. The SBE shall appoint the compliance commission to review written appeals from schools. The school officials must document the circumstances that made the goals unrealistic and must submit its appeal to the SBE within 30 days of receipt of notice from the Department of the school's performance. The appeals committee shall review all appeals and shall make recommendations to the SBE. The SBE shall make the final decision on the reasonableness of the growth goals.

(h)  In compliance with the No Child Left Behind Act of 2001 (P.L. 107-110), its subsequent final regulations (34 CFR Part 200) released November 26, 2002, and pursuant to GS 115C-105.35 the SBE shall incorporate adequate yearly progress (AYP) as the "closing the achievement gap" component of the ABCs. The calculations shall use forty (40) students' scores as the minimum number of scores for a group to be statistically reliable and valid for AYP purposes along with the use of a confidence interval around the percentage of students scoring proficient on the assessments.

(i)  Upon written request by the Department, the SBE may waive specific factors in the accountability measures used to set growth expectations in this Rule upon consideration of:

(1)           the need for the waiver;

(2)           the degree of public benefit; and

(3)           whether the Department had control over the circumstances that required the requested waiver.

 

History Note:        Authority G.S. 115C-12(9)c4.;

Eff. April 1, 2005;

Amended Eff. June 1, 2007; January 2, 2006.

 

16 NCAC 06G .0313         ALTERNATIVE SCHOOLS

(a)  The SBE shall include in the accountability system each alternative school that has an identification number assigned by the Department. The SBE shall evaluate these alternative schools based upon student achievement and the school's success in meeting objectives that the school selects as set out in its school improvement plans.

(1)           The SBE shall include the following two state testing components:

(A)          For schools that serve only high school grade students:

(i)            EOC test results; and

(ii)           the school's change in competency test passing rate measured from the end of Grade 8 to the end of Grade 10.

(B)          For schools that serve both high school grade students and students in grades below high school:

(i)            EOG and EOC test results; and

(ii)           the school's change in competency test passing rate measured from the end of Grade 8 to the end of Grade 10.

(C)          For schools that serve only students in Grade 8 and below, EOG and EOC test results, which shall be counted twice.

(2)           The SBE shall include the school's performance composite, if the school has a performance composite.

(3)           The school shall select three objectives from its school improvement plan, one of which shall be either Part (D) or (E) of this Subparagraph. The objectives shall be:

(A)          Increase in student attendance rate.

(B)          Decrease in student dropout rate.

(C)          Decrease in the percentage of students who are referred for disciplinary action.

(D)          Increase in the percentage of students whose grades improve as indicated by at least one letter grade improvement in grade point average from the previous school year, who enroll in higher-level courses, or who are promoted to the next grade.

(E)           Increase in the percentage of students who make measurable progress. Progress shall be measured by a student's moving up to a higher proficiency level, by the number of students who score at proficiency level III or higher, or who pass other locally-required tests.

(F)           Increase in the percentage of parents of students who are involved in activities such as student referral or placement decisions, student exit from the school or transition to another school, or student and school activities.

(G)          Increase in the number of community members who are involved in school activities such as community-based activities, mentoring and tutoring, and volunteer activities.

(H)          Increase in the percentage of students, parents, and school staff who express satisfaction with the school as measured by the school's annual climate survey or by documented parent, student, or staff expressions of satisfaction.

(b)  Test scores for students who attend programs or classes in a facility that does not have a separate school number shall be reported to and included in the students' home schools.

 

History Note:        Authority G.S. 115C-12(9)c4.;

Eff. April 1, 2005.

 

SECTION .0400 ‑ LOW PERFORMING SCHOOL UNITS

 

16 NCAC 06G .0401         DEFINITIONS

16 NCAC 06G .0402         IMPROVEMENT PLANS

16 NCAC 06G .0403         CARETAKER ADMINISTRATORS AND BOARDS

16 NCAC 06G .0404          TERMINATION OF LOW PERFORMING SCHOOL UNIT STATUS AND CARETAKERS

 

History Note:        Authority G.S. 115C‑64.5;

Eff. June 1, 1992;

Repealed Eff. November 1, 1997.

 

SECTION .0500 ‑ CHARTER SCHOOLS

 

16 NCAC 06g .0501         LIABILITY INSURANCE

(a)  Each charter school shall obtain and maintain liability insurance and fidelity bonding of the types and amounts specified in the charter agreement.

(b)  The provisions of this Rule shall not preclude any charter school from obtaining liability insurance coverage in addition to or in excess of the requirements of this Rule.

 

History Note:        Authority G.S. 115C-238.29F(c)(1);

Temporary Adoption Eff. November 14, 1997;

Eff. March 15, 1999;

Amended Eff. April 1, 2005.

 

16 NCAC 06G .0502         CHARTER SCHOOL ADVISORY COMMITTEE

The Charter School Advisory Committee referred to in G.S. 115C-238.29l(d) shall represent the following categories:

(1)           charter school officials;

(2)           public school employees;

(3)           business and community leaders;

(4)           local boards of education;

(5)           the North Carolina Parents and Teachers Association; and

(6)           county commissioners.

 

History Note:        Authority G.S. 115C-238.29G(b);

Eff. August 1, 2000;

Amended Eff. April 1, 2003.

 

 

 

SUBCHAPTER 6H ‑ FEDERAL PROGRAMS

 

16 NCAC 06H .0101         DEFINITIONS

As used in this Subchapter:

(1)           "Free appropriate public education" (FAPE) is defined by 34 CFR 300.13.

(2)           "Individualized education program" (IEP) is defined by 34 CFR 300.340.

(3)           "Least restrictive environment" (LRE) is defined by 34 CFR 300.550 - 300.556.

(4)           "Parent" is defined by 34 CFR 300.20.

(5)           "Willie M." class members are children under age 18 who now or will in the future suffer from serious emotional, mental or neurological handicaps, which handicaps have been accompanied by behavior which is characterized as violent or assaultive; and who are or will be in the future involuntarily placed in institutions or otherwise placed in residential programs; and who have not been provided appropriate treatment and education programs by the state.

 

History Note:        Authority G.S. 115C‑141;

Eff. July 1, 1986;

Amended Eff. December 1, 1999; June 1, 1996.

 

16 NCAC 06H .0102         OPERATION OF FEDERAL PROGRAMS

(a)  The Department administers in accordance with applicable federal regulations such federal education programs as are authorized by Congress and accepted by the SBE.

(b)  In administering child nutrition programs, the Department will reclaim and/or withhold funds from any LEA or program sponsor which fails to comply with current federal regulations and state policies until the LEA or program sponsor complies.

 

History Note:        Authority G.S. 115C‑263; 115C‑264; 115C‑409;

Eff. July 1, 1986.

 

16 NCAC 06H .0103         COMPLAINT PROCEDURES FOR FEDERAL PROGRAMS

(a)  The department shall receive, review and resolve complaints for which no other procedures or remedies are available. These complaints must involve the allegation that LEAs, another subgrantee or the department has violated a federal statute, regulation or interpretive rule. This Rule shall affect those federal education programs listed in 34 CFR Part 76.

(b)  Any person(s) who believes that grounds exist for filing a complaint under Paragraph (a) of this Rule may file a written complaint with the department. The complaint must:

(1)           be signed by the person(s) making it;

(2)           show who has violated a specific federal requirement;

(3)           tell how the requirement has been violated;

(4)           state the facts upon which the complaint is based; and

(5)           tell what relief the person is seeking.

(c)  If the department receives a complaint which is not complete, it shall contact the person making it and explain how the complaint may be made complete.

(d)  The department shall send the complaint to staff for review and response. If the complaint involves a subgrantee, the department shall send the complaint to that subgrantee.

(e)  The department may, in its discretion, allow the person to appear and present evidence.

(f)  The department shall issue a final written resolution of each acceptable complaint to each party involved within 60 days of receipt, unless it finds good cause, as that term is defined in 26 NCAC 03 .0118, for an extension.

(g)  The resolution shall include:

(1)           a summary of the facts involved;

(2)           a statement of the federal requirement involved;

(3)           the department's findings of fact and a summary of the evidence it considered;

(4)           the department's conclusions regarding each allegation and a summary of its reasons for them; and

(5)           the department's order for any technical assistance, negotiation or corrective action that must occur and when those actions must be taken.

(h)  If a federal education program requires a subgrantee to develop and use a complaint procedure, the person complaining may use either that or the department's procedure. If the person uses the subgrantee's procedure, the person may appeal that decision to the department within 30 days after receiving it.

 

History Note:        Authority G.S. 115C-113; 15C-409; 34 C.F.R. 76.780; N.C. Constitution Article 1X, s. 5; 34 C.F.R.. 300.660-662;

                                Eff. July 1, 1986;

Amended Eff. August 1, 2000.

 

16 NCAC 06H .0104         CHILD NUTRITION PROCEDURES

(a)  National School Lunch Program policies and standards are as follows:

(1)           A la carte sales are limited to foods contributing to the nutritional well‑being of the child and aiding in the establishment of good food habits.  School food authorities and sponsoring organizations may provide these foods under the following conditions:

(A)          Sponsors must operate all food and beverage services during or before the established lunch period through the school food service department.

(B)          The school food service department retains all receipts from the sale of these items.

(C)          Sponsors must use all food service income for the purpose of the school's non‑profit child nutrition programs.

(D)          A la carte items may not include foods of minimum nutritional value, as follows:

(i)            soda water (soda pop),

(ii)           water ices,

(iii)          chewing gum,

(iv)          processed foods made predominately from sweeteners or artificial sweeteners with a variety of minor ingredients.  These  foods include hard candy, jellies and gums, marshmallow candies, fondant, licorice, spun candy, and candy‑coated popcorn; and

(v)           confections and carbonated drinks.

(E)           Adults may purchase individual food items without purchasing a complete lunch.

(2)           Competitive food sales by a school of extra food items in the lunchroom or its general environs must be on a non‑profit basis.  "On a non‑profit basis" means that the sponsor deposits income form the sale of such food items to the account of the school's non‑profit lunch and breakfast programs and uses the income solely for these programs.

(A)          The school may sell extra food items after the established lunch hour is over, only with the approval of the LEA.  The established lunch hour is over when the last pupil has been served for the day.

(B)          Occupational home economics instructional programs which operate under an approved annual vocational education plan and which involve the preparation and sale of foods to individuals other than students are not in competition with the child nutrition program.

(C)          The Department may deny the opportunity to participate in the program to any school food authority which operates in violation of state policy.

(b)  Sponsors must use receipts from child nutrition programs for the cost of operation as outlined in current federal regulations and state policy.

(c)  No full‑time public school employee is eligible for part‑time employment in food services.

(d)  The only adults who may eat in the school food service department are school employees, personnel on official school business and invited local patrons.  These persons pay, as a minimum, the adult price for lunch.

 

History Note:        Authority G.S. 115C‑263; 115C‑264;

Eff. July 1, 1986.

 

16 NCAC 06H .0105         ADMINISTRATION OF SPECIAL EDUCATION PROGRAMS

(a)  Implementation of the provisions of this Section which relate to providing special education and related services is the responsibility of the LEA.  All agencies not associated with local school administrative units, the Department of Health and Human Services or the Department of Correction must also meet the standards described in this Section if they provide educational services to children with special needs.  LEAs shall ensure that an agency meets these standards before they contract for services from such programs.

(b)  When a newly identified child with special needs has been diagnosed or evaluated by personnel under the Department of Health and Human Services, appropriate personnel from that department shall contact the LEA of the child's residence and inform that LEA in writing of the evaluation and results.

(c)  LEAs, including all local school administrative units and the Departments of Health and Human Services and Correction, shall work together to plan and implement programs and services for children with special needs.

 

History Note:        Authority G.S. 115C‑141;

Eff. July 1, 1986;

Amended Eff. December 1, 1999.

 

16 NCAC 06H .0106         NON-INSTRUCTIONAL SPECIAL EDUCATION SERVICES

(a)  Transportation.

(1)           LEAs shall provide or pay for the costs of transportation for children with disabilities enrolled in the schools or programs in their local school systems and shall also provide or pay for the costs of transportation to any private residential or nonresidential program if the student has been placed in or assigned to that private program by the LEA.  Transportation funds for this purpose may be provided through local boards of education annual budget transportation allotments that are administered by the School Support Division of the Department. These funds shall be incorporated in the general transportation plan of each local board. For preschool children with disabilities, payment of these transportation costs must be made from either federal or state preschool program funds.

(2)           If a child with disabilities is assigned to or enrolled in any residential or nonresidential program operated by or under the jurisdiction of the Departments of Health and Human Services or Correction, the department operating the program or having the program under its jurisdiction or control shall provide or pay the costs of transportation. This shall be applicable for programs for school age students with disabilities as well as programs for preschool children with disabilities. The only exception shall be when a child is enrolled in a LEA and is counted for funding purposes by the LEA, but attends a class or classes at a Department of Health and Human Services program. In this case, the LEA shall provide the transportation to the Department of Health and Human Services program and return to the LEA or home.

(3)           The costs of transportation for a child with disabilities placed in or assigned to a school or program outside the state shall be paid by the LEA placing or assigning the child.

(4)           Reimbursement for transportation costs paid for any one child may not exceed the Department of Transportation allowance per mile unless it is demonstrated by the child or his/her parents that this limitation will work a hardship or is unreasonable. The LEA and the appropriate state agency shall approve this justification.

(b)  LEAs shall determine and arrange for the provision of all materials, supplies and equipment essential to the instructional programs for children with special needs.

 

History Note:        Authority G.S. 115C‑141;

Eff. July 1, 1986;

                                Amended Eff. August 1, 2000; June 1, 1996;

 

16 NCAC 06H .0107         SPECIAL EDUCATION ASSESSMENT AND PLACEMENT PROCEDURES

(a)  Identification, screening, evaluation and placement.

(1)           LEAs shall be responsible for insuring that all children with special needs within their jurisdiction are identified, located and evaluated, including children in private agencies within their jurisdiction ages birth through 21.

(2)           LEAs and private schools receiving placements pursuant to G.S. 115C-115 shall implement procedures for identification, screening, evaluation and placement of children with special needs.  The governing body of each LEA and private school receiving placements pursuant to G.S. 115C-115 shall adopt these procedures and include the procedures described in this Rule.

(3)           LEAs may vary these procedures when sufficient evidence exists to indicate that children can be identified and placed properly within the intent of the procedures.

(b)  Upon referral of a child pursuant to G.S. 115C-113(c), the parties shall follow the due process safeguards of Rule .0110 of this Subchapter.

(c)  The multi-disciplinary team shall evaluate or reevaluate each child with special needs in accordance with the provisions of 34 CFR 300.530 through 300.536.  Evaluations of children suspected of having a specific learning disability shall be subject to the further provisions of 34 CFR 300.540 through 300.543.

(d)  Individualized education program.

(1)           Each LEA shall develop and implement an IEP for each child with a disability.  The Department of Public Instruction shall monitor the effectiveness of these programs.

(2)           All IEPs shall be developed in accordance with the provisions of 34 CFR 300.340 through 300.350.

(3)           The LEA shall develop an IEP for any child with a disability who is enrolled in a parochial or other private school, but who receives special education or related services from the LEA.

(4)           The LEA shall supply to the parent(s) or guardian during a conference or by mail, in language understandable to the general public and in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so:

(A)          a copy of the IEP if requested;

(B)          a description of the rights of the parent(s), including the right to review data, to challenge the data, and to provide additional data that could have some effect on the placement, program, and services of the child;

(C)          information concerning their right to an independent educational evaluation, at public expense, if they disagree with the evaluation obtained by the LEA and a list of other agencies providing free evaluations; and

(D)          information concerning the right to appeal the decision and a copy of the appeals procedure.

(5)           The LEA shall prepare Group Education Programs (GEPs) for academically gifted students.  The GEP describes a differentiated instructional program for students who share similar academic characteristics and program needs.  The LEA may individualize the program to accommodate individual students' needs and any additional needs of a student not already addressed and a description of further necessary modifications.

(6)           The LEA shall prepare and implement a written program to meet the special educational needs of pregnant students.

(e)  The LEA shall complete appropriate in-depth evaluations of children with a disability at least every three years in order to determine the appropriateness of the current educational status of students.  Parent approval shall not be required prior to reevaluation.  The parent(s) shall be notified in writing of the results of the reevaluation and the recommendations based on them, and the notice shall meet the requirements of 34 CFR 300.504.  If the parent objects, the due process procedures set forth in Rule .0110 of this Subchapter shall apply.

(f)  Each LEA shall make available a continuum of programs, services and placements for each child with a disability in accordance with the provisions of 34 CFR 300.550 through 300.556.

(g)  Every private or nonpublic school which provides special education or related services to children with disabilities who have been placed in such school by the LEA is subject to the provisions of 34 CFR 300.400 through 300.402.

(h)  Willie M. Children.

(1)           Location and identification of class members.

(A)          Local school administrative units shall nominate to area mental health centers children that are suspected to be members of the Willie M. class.

(B)          Local school administrative units shall request informed consent from parents to conduct additional evaluations if needed.

(C)          Local school administrative units shall notify the Department of Public Instruction regarding the number of children nominated.

(D)          Local school administrative units shall keep an ongoing register of all identified Willie M. class members.

(E)           The Department of Public Instruction shall assign staff to the state level certification committee to assist in the certification of members of the Willie M. class.

(2)           Provision of educational services.

(A)          For certified Willie M. class members local school administrative units shall:

(i)            provide special education services in compliance with an IEP.

(ii)           use data received through the evaluations conducted by the area mental health centers and other sources in writing the IEP; and

(iii)          provide special education or related services to certified class members who are located in group homes or special facilities.  Certified class members may receive these special programs in the group home or special facility.

(B)          The LEA shall decide the location of the program, with advice from the area mental health center.

(C)          Local school administrative units shall notify the Department of Public Instruction of the special education program being provided, including:

(i)            types of services;

(ii)           the duration of services; and

(iii)          any other information the Department deems relevant.

(D)          The Department of Public Instruction shall provide training to personnel who provide educational services to class members.

(3)           Monitoring.  The SBE through the Division for Exceptional Children shall monitor local school administrative units or other facilities which provide educational services to class members to determine if the program is appropriate to meet the needs of the child.  This Paragraph (3) is not effective unless funds are appropriated for the specific purpose of implementing its provisions.

 

History Note:        Authority G.S. 115C-141;

Eff. July 1, 1986;

Amended Eff. December 1, 1999; June 1, 1996.

 

16 NCAC 06H .0108         SURROGATE PARENTS FOR CHILDREN WITH DISABILITIES

LEAs shall appoint surrogate parents for children with disabilities as provided in 34 C.F.R. 300.515.

 

History Note:        Authority G.S. 115C‑141;

Eff. July 1, 1986;

Amended Eff. December 1, 1999; June 1, 1996.

 

16 NCAC 06H .0109         CONFIDENTIALITY: ACCESS TO RECORDS IN SPECIAL EDUCATION

All matters pertaining to the confidentiality of and access to education records are subject to the provisions of 34 CFR 300.560 through 300.577 and 34 CFR Part 99.

 

History Note:        Authority G.S. 115C‑141;

Eff. July 1, 1986;

Amended Eff. December 1, 1999.

 

16 NCAC 06H .0110         SPECIAL EDUCATION DUE PROCESS PROCEDURES

(a)  The due process procedures set forth in 34 CFR 300.500 through 300.517 are adopted herein by reference thereto.

(b)  Only review officers who meet the requirements of G.S. 115C-116(i) may review hearings.

 

History Note:        Authority G.S. 115C‑141;

Eff. July 1, 1986;

Amended Eff. December 1, 1999; May 1, 1991.

 

16 ncac 06h .0111         qualified zone academy bonds

(a)  Every public school shall be eligible to participate as a qualified zone academy if it meets the requirements set forth in 26 U.S.C. 1397E(d)(4).

(b)  The minimum amount of bonding authority that the SBE shall allocate to a qualified zone academy shall be five hundred thousand dollars ($500,000.00).

(c)  Each application for authority to issue qualified zone academy bonds shall be executed by both the LEA and the county board of commissioners.

 

History Note:        Authority G.S. 115C-489.6; 150B-21.1(a7)(2);

Temporary Adoption Eff. January 1, 2001;

Eff. July 18, 2002.

 

16 NCAC 06H .0112         dispute resolution process for homeless students

(a)  As used in this Rule:

(1)           The terms "homeless," "homeless child," and "homeless student" shall mean the same as the term "homeless children and youth" as defined by 42 U.S.C. § 11434a(2).These terms shall also be deemed to include the term "unaccompanied youth."

(2)           The term "unaccompanied youth" shall mean the same as defined by 42 U.S.C. § 11434a(6).

(b) Each LEA shall appoint a liaison for homeless students. The LEA shall train the LEA liaison to carry out and mediate the dispute resolution process as expeditiously as possible and to ensure that each school and the LEA meets the requirements of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001. The LEA liaison shall also ensure that each unaccompanied youth and any student who meets the definition of "homeless children and youth" as defined by 42 U.S.C. § 11434a(2) is enrolled immediately in the school pending resolution of the dispute. The burden shall be on the school or LEA to show that the student is not a homeless student or unaccompanied youth.

(c) Each LEA shall develop and implement a process for parents, guardians, or unaccompanied youth who have complaints about enrollment to file an appeal to the LEA liaison upon registering, or attempting to register, at the school. Enrollment shall be deemed to include attending classes and participating fully in school activities. The appeal process shall provide that:

(1)           faculty and staff of the school who know about the complaint must refer the child, youth, parent, or guardian to the LEA liaison;

(2)           the LEA liaison shall expeditiously carry out the dispute resolution process;

(3)           pending resolution of any complaint between the school or LEA and the parent, guardian, or unaccompanied youth over school enrollment, the LEA shall enroll the child or youth immediately in the school in which the child or youth seeks enrollment;

(4)           the LEA shall provide the student with all the services for which the student is eligible and shall permit the student to participate fully in school activities while the dispute is being resolved;

(5)           the LEA shall provide the parent, guardian, or unaccompanied youth who makes a complaint to the LEA liaison with a written statement of the rights and procedures, in language the parent, guardian, or unaccompanied youth can understand, that informs them of:

(A)          contact information including telephone number and address of the LEA liaison and of the State coordinator for homeless education, with a brief description of their roles;

(B)          the right to initiate the dispute resolution process either orally or in writing;

(C)          a simple form that parents, guardians, or unaccompanied youth can complete and submit to the LEA liaison to initiate the dispute resolution process;

(D)          a step-by-step description of how to dispute the school's decision;

(E)           notice of the right to enroll immediately in the school of choice or remain in the school of origin with transportation provided pending resolution of the dispute;

(F)           notice that immediate enrollment includes full participation in all school activities; and

(G)          notice of the right to obtain assistance of advocates or attorneys.

(6)           the LEA shall provide the parent, guardian, or unaccompanied youth with the name and contact information of the State coordinator for homeless education; and

(7)           the LEA shall inform the parent, guardian, or unaccompanied youth about the right to appeal any decision regarding the student's enrollment to the State coordinator.

(d)  Each LEA shall include in the dispute resolution process the following components:

(1)           The LEA shall allow the parent, guardian, or unaccompanied youth to initiate the dispute resolution process at the school at which enrollment is sought or at the LEA liaison's office.

(2)           The LEA shall inform the parent, guardian, or unaccompanied youth of the right to provide supporting written or oral documentation.

(3)           The LEA shall inform the parent, guardian, or unaccompanied youth of the right to seek the assistance of advocates or attorneys.

(4)           The LEA shall provide the parent, guardian, or unaccompanied youth with a written statement of the final LEA decision.

(5)           The LEA shall inform the parent, guardian, or unaccompanied youth of the right to appeal the final LEA decision to the State coordinator.

(e)  The Superintendent of Public Instruction shall designate a State coordinator for homeless education.

(f)  Any parent, guardian, or unaccompanied youth who is not satisfied with the final LEA decision regarding enrollment may appeal the decision to the State coordinator. In addition, any interested person who believes that grounds for an appeal exist may present an oral or written appeal to the State coordinator, including:

(1)           the name, address, and telephone number of the person filing the appeal;

(2)           the relationship or connection of the person to the child in question;

(3)           the name of the school system and the specific school in question;

(4)           the federal requirement alleged to have been violated;

(5)           how the requirement has been violated; and

(6)           the relief the person is seeking.

(g)  If the State coordinator receives an appeal that is not complete, the coordinator shall contact the person making the appeal, explain the deficiency, and offer the person the opportunity to complete the appeal.

(h)  Upon request of the State coordinator, the LEA liaison shall provide the State coordinator with the record of the complaint and the LEA's actions. If the matter involves more than one LEA, then the LEA liaisons shall cooperate to provide the State coordinator with a complete record. In either event, the liaison or liaisons shall provide the complete record within five school days following the State coordinator's request.

(i)  The LEA shall provide the State coordinator with any information that the State coordinator requests regarding the issues presented in the appeal.

(j)  The State coordinator shall provide the LEA and the parent, guardian, or unaccompanied youth with the opportunity to respond to the LEA decision and to provide any additional evidence they deem relevant.

(k)  The State Coordinator shall issue a final written decision to the parent, guardian, or unaccompanied youth and the LEA involved within 10 school days following receipt of the complete appeal.

(l)  The State coordinator's decision shall include:

(1)           a summary of the issue appealed;

(2)           the federal requirement at issue; and

(3)           a description of the State coordinator's decision in plain language.

(m)  Nothing contained in this Rule shall prohibit the State coordinator from investigating whether the parent, guardian, or unaccompanied youth knowingly and voluntarily entered into any agreement affecting their rights under McKinney-Vento Homeless Education Assistance Improvements Act of 2001. If the coordinator determines that the parent, guardian, or unaccompanied youth did not knowingly and voluntarily enter into the agreement, then the coordinator may void the agreement and enter a decision consistent with the applicable facts and law.

 

History Note:        Authority G.S. 115C-366(a2); N.C. Constitution, Article IX, s. 5; 42 U.S.C. § 11432;

Eff. February 2, 2007.

 

 

 

SUBCHAPTER 06I – THE GOVERNER MOREHEAD SCHOOL

 

SECTION .0100 - ADMINISTRATIVE PROCEDURES

 

16 NCAC 06I .0101           PURPOSES AND RESPONSIBILITIES

The mission of the Governor Morehead School for the Blind is to provide educational, prevocational, vocational and transitional employment and living services to visually impaired children from birth to age 21 of North Carolina.  This mission includes the responsibility to assist in the provision of a continuum of consultative and technical services to other public and private state and national agencies in an effort to meet the life‑long needs of visually impaired people.

 

History Note:        Authority G.S. 115C‑127; 115C‑128; 115C‑130; 115C‑131; 115C‑132; 115C‑135;

Eff. February 1, 1976;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0101 Eff. June 1, 2011.

16 NCAC 06I .0102           ELIGIBILITY

(a)  School age requirements for 5‑21 years of age students:

(1)           The prospective student's parents or legal guardians must reside in the state of North Carolina.

(2)           The prospective student must be between the ages of 5 and 21.

(3)           The prospective student must have an educationally significant visual impairment:

(A)          Blind ‑ a student who after best correction, has no usable vision and therefore must rely on tactile and auditory senses to obtain information.

(B)          Partially sighted ‑ student who has a visual acuity of 20/70 or less in the better eye corrected, has a peripheral field that is restrictive to learning or who has a progressive vision loss which will affect the student's ability to learn.

(C)          Blind multihandicapped ‑ a student who has a visual impairment as defined in this Rule and a concomitant handicapping condition or conditions.

(D)          Deaf‑Blind ‑ a student who has concomitant hearing and visual impairments, the combination of which causes severe communication problems.

(4)           The prospective student must demonstrate a potential for educational progress during the initial evaluation process, in the areas of:

(A)          self‑help skills such as eating, dressing, assistive responses to bathing and toileting.

(B)          adaptation to new environments such as other children, teachers, support staff and dormitory staff as appropriate.

(C)          tolerance for change from one setting to another such as classes, staff, support services.

(D)          modification of undesirable or inappropriate behaviors.

(E)           curiosity initiative in exploratory play, willingness or acceptance of manipulation through gross and fine motor activities.

(5)           The prospective student must be able to adjust socially and psychologically to the residential environment and present no long‑lasting deficits in adaptive behavior that would interfere with either their or other student's educational progress.

(6)           The prospective student must demonstrate at least the characteristics as outlined by the American Association on Mental Deficiency for the Moderate, Mentally Retarded including:

(A)          schedule‑trained in toileting;

(B)          accepts solid foods;

(C)          finger‑feeds self and cooperates in bathing, dressing and grooming;

(D)          expresses his or her needs through natural gestures, signs or vocalizations;

(E)           shows a differential reaction to familiar adults and accepts tactual stimulation;

(F)           demonstrates potential for academic learning, self‑care and semi‑independent functioning as an adult;

(G)          demonstrates a level of intellectual or social and adaptive functioning of at least 40 on a standardized instrument.

(7)           The Governor Morehead School cannot accept students with significant medical problems that would include, but are not limited to planned hospitalization for prolonged period during the school year, chronic moderate to severe respiratory difficulties, semi‑consciousness or the requirement of substained medical support services, such as respirators, or seriously emotionally disturbed children who are disruptive that they require constant medical care and treatment by a psychiatrist.

(b)  Preschool requirements for birth ‑ five years of age student:

(1)           The prospective student's parents or legal guardians must reside in the state of North Carolina.

(2)           The prospective student must be between the ages of 5 and 21.

(3)           The prospective student must have an educationally significant visual impairment:

(A)          Blind ‑ a student who after best correction, has no usable vision and therefore must rely on tactile and auditory senses to obtain information.

(B)          Partially sighted ‑ student who has a visual acuity of 20/70 or less in the better eye corrected, has a peripheral field that is restrictive to learning or who has a progressive vision loss which will affect the student's ability to learn.

(C)          Blind multihandicapped ‑ a student who has a visual impairment as defined in this Rule and a concomitant handicapping condition or conditions.

(D)          Deaf‑Blind ‑ a student who has concomitant hearing and visual impairments, the combination of which causes severe communication problems.

(4)           The prospective student must demonstrate a visual impairment significant enough to affect his or her development.

(5)           The Governor of Morehead School cannot accept students with significant medical problems that would include, but are not limited to planned hospitalization for a prolonged period during the school year, chronic moderate to severe respiratory difficulties, semi‑consciousness or the requirement of substained medical support services such as respirators or seriously emotionally disturbed children who are so disruptive that they require constant medical care and treatment by a psychiatrist.

 

History Note:        Authority G.S. 115C‑127; 115C‑106(b); 115C‑113;

Eff. February 1, 1976;

Amended Eff. October 1, 1990;

Transferred from 10A NCAC 93 .0102 Eff. June 1, 2011.

 

16 NCAC 06I .0103           MEDICAL AND HEALTH SERVICES

(a)  Health services at the Governor Morehead School consist of an infirmary and outpatient services.  Extensive nursing care is not available for children actively needing special services to maintain their health and safety.

(b)  The Governor Morehead School is not licensed as a hospital or treatment facility and is not staffed to serve the following types of students in a residential setting:

(1)           students whose primary need is for psychiatric treatment;

(2)           students in need of treatment for severe behavior disorders;

(3)           persons in need of around‑the‑clock, intensive medical care for severe health problems.

(c)  Children who become ill may be kept in the infirmary, sent home for treatment, or if necessary taken to the emergency room of a nearby hospital.

 

History Note:        Authority G.S. 115‑325; 143B‑173(b);

Eff. August 25, 1980;

Transferred from 10A NCAC 93 .0103 Eff. June 1, 2011.

 

16 NCAC 06I .0104           STUDENT INFORMATION

The Governor Morehead School is subject to the Department of Public Instruction rules governing the confidentiality of student information pursuant to 16 NCAC 06H .1514 in accordance with G.S. 150B‑14(c).

 

History Note:        Authority G.S. 115C‑114; 115C‑321; 143B‑10; 150B‑14(c);

Eff. February 1, 1976;

Amended Eff. October 1, 1990;

Transferred from 10A NCAC 93 .0104 Eff. June 1, 2011.

 

16 NCAC 06I .0105           THE GOVERNOR MOREHEAD SCHOOL CAMPUS PARKING

Parking on The Governor Morehead School Campus shall be in conformity with the following requirements:

(1)           Vehicles shall be parked only in designated parking spaces.  Parking spaces are defined by painted lines in the surfaced areas and by wheel-stops in non-surfaced areas.

(2)           No parking is allowed on any streets.

(3)           No stopping to load or unload is allowed on any streets.

(4)           Signs shall be erected in specific areas indicating No Parking and Tow-away Zones.

(5)           The school may have removed to a place of storage, at the owner's expense, any unattended vehicle illegally parked in a designated tow-away zone.

(6)           No parking is allowed in any manner that would block or prohibit access to a designated crosswalk.

 

History Note:        Authority G.S. 143-116.7;

Temporary Adoption Eff. March 9, 1998;

Eff. April 1, 1999;

Transferred from 10A NCAC 93 .0105 Eff. June 1, 2011.

 

SECTION .0200 ‑ PERSONNEL

 

16 NCAC 06I .0201           AUTHORITY OF TEACHERS AND HOUSEPARENTS

Teachers and house parents may make rules or arrangements necessary for learning and the well‑being of the classroom and cottage.  Rules or arrangements are to be consistent with the Governor Morehead School policy and philosophy, and approved by the Director.

 

History Note:        Authority G.S. 115C‑127; 115C‑307; 143B‑10;

Eff. February 1, 1976;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0201 Eff. June 1, 2011.

 

16 NCAC 06I .0202           WHO MAY GIVE DIRECTIONS

Students shall comply with all directions of principals, supervisors, teachers, houseparents, nurses, recreation supervisors and other authorized school personnel during the period they are subject to the authority of such personnel.

 

History Note:        Authority G.S. 115‑321; 143B‑10;

Eff. February 1, 1976;

Transferred from 10A NCAC 93 .0202 Eff. June 1, 2011.

 

SECTION .0300 - STUDENT RULES

 

16 NCAC 06I .0301           COMPLIANCE WITH CAMPUS RULES AND AUTHORIZED PERSONS

(a)  Each student shall comply with all these Rules in this Chapter and all rules in Governor Morehead School parent/student handbook which are adopted by reference according to G.S. 150B‑14(c).

(b)  In addition to the rules contained in this booklet, each student shall comply with all directions of principals, supervisors, teachers, houseparents, nurses, recreation supervisors and all other school personnel, who are authorized to give such directions, during any period of time when they are subject to the authority of such personnel.

 

History Note:        Authority G.S. 115C‑321; 143B‑173(b); 150B‑14(c);

Eff. August 25, 1980;

Amended Eff. October 1, 1990;

Transferred from 10A NCAC 93 .0301 Eff. June 1, 2011.

 

16 NCAC 06I .0302           PROTECTION OF PROPERTY

Each student shall control his actions so that no private or school property is damaged.  If property is damaged, the student may be required to reimburse the owner for the damages.

 

History Note:        Authority G.S. 115‑321; 143B‑173(b);

Eff. August 25, 1980;

Transferred from 10A NCAC 93 .0302 Eff. June 1, 2011.

 

16 NCAC 06I .0303           USE OF DRUGS

The use, possession of or being under the influence of alcohol or any controlled substance as defined by Chapter 90 of the General Statutes, except by prescription and under the care of a licensed physician, is strictly forbidden, on or off campus, at any school activity or function.

 

History Note:        Authority G.S. 115C‑391; 143B‑173(b);

Eff. August 25, 1980;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0303 Eff. June 1, 2011.

 

16 NCAC 06I .0304           CODE OF DRESS FOR STUDENTS

The following dress code shall apply to all students:

(1)           Staff should set the proper example in dress and decorum for each student.

(2)           Good grooming should be practiced every day.  It includes:

(a)           keeping the body clean (bathe daily);

(b)           keeping the hair neat and clean;

(c)           wearing clean, neat clothing.

(3)           Students will be required to dress appropriately for the occasion.

(4)           Students will be required to wear the clothing provided by their parents or sponsor.  Wearing clothing belonging to other students is prohibited, unless parental permission to loan clothing and to wear another's clothing is secured for each individual concerned.

(5)           If makeup is worn, it is to be properly applied.

 

History Note:        Authority G.S. 115‑321; 143B‑173(b);

Eff. August 25, 1980;

Transferred from 10A NCAC 93 .0304 Eff. June 1, 2011.

 

SECTION .0400 ‑ DISCIPLINE

 

16 NCAC 06I .0401           DEFINITIONS OF DISCIPLINARY TERMS

(a)  "Discipline Team" means a committee that is chaired by the Director of Comprehensive Clinic and including Building Principal, Director of Residential Life or Dorm Director, Houseparent, Student's Classroom Teacher, and the Counselor or School Psychologist.

(b)  "Due Process" means the student has the right to tell his or her side of an incident to the Discipline Committee before disciplinary decisions are made regarding an incident.  No matter what decision is made, the student or his parent or guardian have the right to talk to the administrative staff.

(c)  "Expulsion" means any action removing a student from the right to attend school for a designated period of time.

(d)  "Home Suspension" means removal of a student from the Governor Morehead School campus and exclusion (cannot participate) from all school‑sponsored activities.  This suspension by the administration is for a period of not more than ten school days per school year.

(e)  "Immediate Family" means spouse, parents, children, brother, sister, grandparents and legal guardians.  Also included are the step, half, and in‑law relationships.

(f)  "Isolation" means separating a student for up to two hours from activity in classroom or dorm into a quiet area within same room or in a separate room.

(g)  "In‑Cottage Suspension" means removal of a student from the normal cottage activities and privileges and assignment to a specific area and staff member.  Included is the loss of all privileges during dormitory hours.

(h)  "In‑School Suspension" means removal of a student from the normal school day activities including school related extracurricular activities and assignment to a specific area and staff member.  Included is the loss of all privileges during school hours.

(i)  "On‑Campus Total Suspension" means removal of a student from normal classroom, cottage and after school activities with assignment to a specific area and staff member with loss of all privileges.

(j)  "Required Parent Conference" means conferences intended to prevent future incidents.  Mandatory after suspension to reinstate student.

(k)  "Search and Seizure" means school personnel, with the approval of the Superintendent may conduct a reasonable search of students, student's personal property, or school property being used by a student when there is a reasonable suspicion that a student is concealing illegal contraband such as drugs, weapons, alcohol, or fireworks, or that a search is necessary to protect other students and staff.

(l)  "Time‑Out" means separating a student up to 30 minutes from the activity in the classroom or dormitory into a quiet area within the same room or in a separate room.  This may be done by the houseparent or teacher to calm a student who is upset.

 

History Note:        Authority G.S. 115C‑228; 143B‑173(b);

Eff. August 25, 1980;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0401 Eff. June 1, 2011.

 

16 NCAC 06I .0402           PROCEDURE FOR ADMINISTERING DISCIPLINE

The Discipline Team will convene and make decisions regarding disciplinary measures for behaviors considered to be too serious to be addressed by the school or dormitory rules and related consequences.  The decision of the Discipline Team may be appealed to the Superintendent in writing within ten school days.

 

History Note:        Authority G.S. 115C‑288; 143B‑173(b);

Eff. August 25, 1980;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0402 Eff. June 1, 2011.

 

16 NCAC 06I .0403           DISTRIBUTION OF POLICY

Parents and students shall be given the Governor Morehead School Parent‑Student Handbook at registration day.  The Discipline Policy is contained in the handbook.

 

History Note:        Authority G.S. 115C‑288; 143B‑173(b);

Eff. August 25, 1980;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0403 Eff. June 1, 2011.

 

16 NCAC 06I .0404           DISCIPLINE VIOLATIONS

Violations of school or dormitory rules shall be handled by either established consequences for specific violations or with a referral to the school's Discipline Team.  The Discipline Team shall determine the type of discipline most suitable for the violation and if any special circumstances may be considered in this determination.

 

History Note:        Authority G.S. 115C‑288; 143B‑173(b);

Eff. August 25, 1980;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0404 Eff. June 1, 2011.

 

16 NCAC 06i .0405           DISCIPLINARY ACTIONS

The Disciplinary Team may implement any of the following:

(1)           "Time Out" or "Isolation".  A teacher or houseparent may use time out as a method of allowing student to gain control of his or her own behavior.  Isolation will require the approval of the appropriate supervisor.

(2)           "In‑Program Suspension".  In‑Program Suspension such as the In‑School Suspension from 8:00 a.m. to 3:30 p.m. and the in‑cottage suspension from 3:30 p.m. to bedtime may last from one to five days.  This procedure can only be implemented on the recommendation of the Discipline Team.  Students are required to work on classroom assignments during In‑School Suspension for credit in classes.

(3)           "On‑Campus Total Suspension".  On‑Campus Total Suspension involves removing a student from both academic classes and cottage activities and placing that student in a designated suspension room.  This procedure will be used to enable the student to continue academic progress and reflect upon his or her conduct.  On‑Campus Total Suspension may last more than one program day and up to 48 hours.  This procedure can only be implemented by the recommendation of the Discipline Team.

(4)           "Home Suspension".  Home Suspension is temporarily removing students from school by sending them home for a period not to exceed ten days per school year for the most serious infractions.  Suspension is recommended to the Superintendent by the Discipline Team.  The Superintendent or his designee is the only person who can suspend a student from school.  Parents must attend the required parent conference to reinstate their child.

 

History Note:        Authority G.S. 114‑374; 143B‑173(b);

Eff. August 25, 1980;

Amended Eff. September 1, 1990; March 9, 1981;

Transferred from 10A NCAC 93 .0405 Eff. June 1, 2011.

 

16 NCAC 06I .0406           REQUEST FOR DETERMINATION

(a)  In accordance with G.S. 150B‑2(2), any person may request a determination of his or her legal rights privileges, or duties as they relate to laws or rules administered by the Governor Morehead School.  All requests must be in writing and contain a statement of the facts prompting the request sufficient to allow for appropriate processing by the Governor Morehead School.

(b)  Any person seeking such a determination must exhaust all informal procedures available before requesting a hearing under G.S. 150B‑23.

(c)  All petitions for hearings regarding matters under the control of the Governor Morehead School shall be filed with the Office of Administrative Hearings in accordance with G.S. 150B‑23 and 26 NCAC 03 .0103.  In accordance with G.S. 1A‑1, Rule 4(j) 4, the petition shall be served on a registered agent for service of process for the Department of Human Resources.

 

History Note:        Authority G.S. 143B‑10; 150B‑11; 150B‑22; 150B‑23;

Eff. August 25, 1980;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0406 Eff. June 1, 2011.

 

16 NCAC 06I .0407           APPLICABILITY OF PROCEDURES

In conducting formal appeals, G.S. 150B, Article 2 and the departmental rules on contested cases, as codified in 10A NCAC 01B shall be applied.

 

History Note:        Authority G.S. 115C‑288; 143B‑173(b);

Eff. August 25, 1980;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0407 Eff. June 1, 2011.

 

 

 

SUBCHAPTER 06J – NORTH CAROLINA SCHOOLS FOR THE DEAF

 

SECTION .0100 - ADMINISTRATIVE PROCEDURES

 

16 NCAC 06J .0101          CAMPUSES

(a)  The North Carolina School for the Deaf is located at the principal address on Highway 64 South in Morganton, North Carolina 28655.  The Morganton school provides pre‑school through eighth grade education for deaf and educationally hard‑of‑hearing children from the following 38 counties: Alexander, Alleghany, Anson, Ashe, Avery, Buncombe, Burke, Cabarrus, Caldwell, Catawba, Cherokee, Clay, Cleveland, Davie, Gaston, Graham, Haywood, Henderson, Iredell, Jackson, Lincoln, Macon, Madison, McDowell, Mecklenburg, Mitchell, Polk, Rowan, Rutherford, Stanly, Surry, Swain, Transylvania, Union, Watauga, Wilkes, Yadkin, and Yancey; and ninth through twelfth grade education for deaf or educationally hard‑of‑hearing children from the following 46 counties: Alexander, Alleghany, Anson, Ashe, Avery, Buncombe, Burke, Cabarrus, Caldwell, Catawba, Cherokee, Clay, Cleveland, Davidson, Davie, Forsyth, Gaston, Graham, Guilford, Haywood, Henderson, Iredell, Jackson, Lincoln, Macon, Madison, McDowell, Mecklenburg, Mitchell, Montgomery, Polk, Randolph, Richmond, Rockingham, Rowan, Rutherford, Stanly, Stokes, Surry, Swain, Transylvania, Union, Watauga, Wilkes, Yadkin, and Yancey.

(b)  The Eastern North Carolina School for the Deaf is located on Highway 301, Wilson, North Carolina, 27894.  The Wilson school provides pre‑school through eighth grade education for deaf and educationally hard‑of‑hearing children from the following 43 counties: Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Franklin, Gates, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Vance, Wake, Warren, Washington, Wayne, and Wilson; and ninth through twelfth grade education for deaf or educationally hard‑of‑hearing children from the following 54 counties: Alamance, Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Caswell, Chatham, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Durham, Edgecombe, Franklin, Gates, Granville, Greene, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Martin, Moore, Nash, New Hanover, Northampton, Onslow, Orange, Pamlico, Pasquotank, Pender, Perquimans, Person, Pitt, Robeson, Sampson, Scotland, Tyrrell, Vance, Wake, Warren, Washington, Wayne, and Wilson.

(c)  The Central North Carolina School for the Deaf is located on Highway 29 North, Greensboro, North Carolina, 27405.  The Greensboro school provides pre‑school through eighth grade education for deaf or educationally hard‑of‑hearing children from the following 19 counties: Alamance, Caswell, Chatham, Davidson, Durham, Forsyth, Granville, Hoke, Guilford, Lee, Montgomery, Moore, Orange, Person, Randolph, Richmond, Rockingham, Scotland, and Stokes.

 

History Note:        Authority G.S. 115‑336; 115C‑123; 143B‑10; 143B‑216.33(a)(2);

Eff. February 1, 1976;

Amended Eff. June 1, 1990;

Transferred from 10A NCAC 94 .0101 Eff. June 1, 2011.

16 NCAC 06J .0102          ELIGIBILITY

(a)  The Department of Health and Human Services, Office of Education Services, North Carolina Schools for the Deaf, shall upon application, admit into the school for the purposes of education all hearing impaired children who are residents of the state, who are between the ages of 6 and 21 years; provided that the Department of Health and Human Services, Office of Education Services, North Carolina Schools for the Deaf, may admit students under the age of six years when in its judgment, such admission will be in the best interests of the applicant and the facilities of the school.

(b)  Only those who are bona fide citizens and or residents of North Carolina shall be eligible and entitled to receive free tuition and maintenance.

(c)  Non‑resident deaf or hard‑of‑hearing children may be admitted, but in no event shall the admission of non‑residents in any way prevent the attendance of any eligible deaf or hard-of-hearing child, resident of North Carolina.

(d)  Provided the non‑resident child complies with Paragraphs (a) to (c) of this Rule, the child can be admitted to the school if he or she pays the per capita cost as reflected by the school's records.

 

History Note:        Authority G.S. 115‑340; 115C‑110; 115C‑111; 115C‑124; 155C‑366.1;

143B‑10; 143B‑216.33(a)(2);

Eff. February 1, 1976;

Amended Eff. April 1, 1990;

Transferred from 10A NCAC 94 .0102 Eff. June 1, 2011.

 

16 NCAC 06J .0103          APPLICATION PROCEDURES

The following procedures are required to be followed by all children requesting admission to the Office of Education Services Schools for the Deaf:

(1)           The parent or guardian shall complete the general application form available at the Division's Central Office, the school's principal office or at any campus office and submit the form to the superintendent, or his delegated representative.

(2)           Upon receipt of the application, the school will notify the parent or guardian of the date and time for an evaluation of the child's hearing loss.

(3)           As a result of this evaluation, the school shall make a decision concerning the child's admission to the school.

(4)           The parents or guardian will be promptly notified of the school's decision.

 

History Note:        Authority G.S. 115‑340; 115C‑110; 115C‑111; 143B‑10; 143B‑216.33(a)(2);

Eff. February 1, 1976;

Amended Eff. April 1, 1990;

Transferred from 10A NCAC 94 .0103 Eff. June 1, 2011.

 

16 NCAC 06J .0104          STUDENT FEE

A student fee of fifty dollars ($50.00) per year is charged residential students and twenty‑five dollars ($25.00) per year for day students.

 

History Note:        Authority G.S. 115C‑126.1; 143B‑216.33(d);

Eff. February 1, 1976;

Transferred from 10A NCAC 94 .0104 Eff. June 1, 2011.

 

16 NCAC 06J .0105          REFUNDS

(a)  A student entering school anytime after December 31st of the school year shall pay one‑half of the yearly rate.

(b)  If the student pays the annual fee upon entering school and then leaves school on or before December 31st of the school year, one‑half of the fee shall be refunded.

(c)  A student leaving school at anytime after December 31st of the school year shall not be entitled to any refund.

 

History Note:        Authority G.S. 115C‑126.1; 143B‑216.33(d);

Eff. February 1, 1976;

Transferred from 10A NCAC 94 .0105 Eff. June 1, 2011.

 

16 NCAC 06J .0106          DEFINITION

This statement of policy shall define confidential information as being any personal facts or information pertaining to the student or his family which have been made available to the school for those needs and purposes related to the school's program.

 

History Note:        Authority G.S. 115C‑114; 143B‑216.33(d);

Eff. February 1, 1976;

Transferred from 10A NCAC 94 .0106 Eff. June 1, 2011.

 

16 NCAC 06J .0107          CONSENT REQUIRED FROM STUDENT OR PARENT

Confidential information concerning a student will not be made available to any individual or agency outside the school without the consent of the parent, legal guardian or the student if 18 years of age or older.

 

History Note:        Authority G.S. 115C‑114; 143B‑216.33(d);

Eff. February 1, 1976;

Transferred from 10A NCAC 94 .0107 Eff. June 1, 2011.

 

16 NCAC 06J .0108          CONSENT REQUIRED FROM FORMER STUDENT OR PARENT

Confidential information related to a former student is not to be divulged or sent to any agency or individual requesting such information without the consent of the former student if 18 or more years of age or his parent or legal guardian.

 

History Note:        Authority G.S. 115C‑114; 143B‑216.33(d);

Eff. February 1, 1976;

Transferred from 10A NCAC 94 .0108 Eff. June 1, 2011.

 

16 NCAC 06J .0109          USE OF SCHOOL'S RECORDS FOR RESEARCH

(a)  The superintendent or his delegated representative must approve the use of school records for research or training purposes.  If permission is granted for research, the identity of the student and his family must be concealed.

(b)  Individuals or groups who wish to observe, interview or conduct any type of research or evaluation must also obtain permission from the superintendent or his delegated representative.

 

History Note:        Authority G.S. 115C‑114; 143B‑10(a),(e),(f),(j); 143B‑216.33;

Eff. February 1, 1976;

Amended Eff. April 1, 1990;

Transferred from 10A NCAC 94 .0109 Eff. June 1, 2011.

 

16 NCAC 06J .0110          AVAILABILITY OF RECORDS TO STAFF MEMBERS

(a)  Confidential treatment of files by staff members is mandatory.

(b)  Records and files are available for use by staff members at the discretion of those responsible for keeping the files.  Information gained about students or parents is not to be discussed or divulged to other staff members or any other person except as authorized in G.S. 115C‑114.

(c)  Volunteers, practice teachers or teacher trainees are not to have access to confidential and personal files.

(d)  All discussions concerning confidential information are to be held in private.

 

History Note:        Authority G.S. 115C‑114; 143B‑216.33(d);

Eff. February 1, 1976;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 94 .0110 Eff. June 1, 2011.

 

SECTION .0200 ‑ STUDENT RULES

 

16 NCAC 06J .0201          HOME VISITS

(a)  All students must sign out with the dormitory director on leaving and sign in on returning.

(b)  Students must have their parent's permission to be picked up or travel with someone other than the parents for going home purposes.

 

History Note:        Authority G.S. 143B‑216.33;

Eff. February 1, 1976;

Recodified from 10 NCAC 23B .0101 Eff. May 31, 1991;

Transferred from 10A NCAC 94 .0201 Eff. June 1, 2011.

 

16 NCAC 06J .0202          VISITS TO OTHER STUDENT'S HOMES

Students are permitted to go home with other students with written permission from parents of both students.

 

History Note:        Authority G.S. 143B‑10(a),(e),(j); 143B‑216.33(a)(2),(d);

Eff. February 1, 1976;

Amended Eff. April 1, 1990;

Recodified from 10 NCAC 23B .0102 Eff. May 31, 1991;

Transferred from 10A NCAC 94 .0202 Eff. June 1, 2011.

 

16 NCAC 06J .0203          REIMBURSEMENT FOR DAMAGED PROPERTY

A student who damages or defaces state property will be required to pay for repair or replacement of such property.  Also, disciplinary action could be taken if deemed necessary by the administration.

 

History Note:        Authority G.S. 115C‑523; 143B‑216.33(d);

Eff. February 1, 1976;

Recodified from 10 NCAC 23B .0401 Eff. May 31, 1991;

Transferred from 10A NCAC 94 .0203 Eff. June 1, 2011.

 

16 NCAC 06J .0204          ALCOHOLIC BEVERAGES

The possession or use of any alcoholic beverage is prohibited.

 

History Note:        Authority G.S. 143B‑216.33;

Eff. February 1, 1976;

Recodified from 10 NCAC 23B .0402 Eff. May 31, 1991;

Transferred from 10A NCAC 94 .0204 Eff. June 1, 2011.

 

16 NCAC 06J .0205          DRUGS

The possession or use of any drugs, except for over‑the‑counter drugs or those prescribed by a medical doctor, is prohibited.

 

History Note:        Authority G.S. 143B‑216.33;

Eff. February 1, 1976;

Recodified from 10 NCAC 23B .0403 Eff. May 31, 1991;

Transferred from 10A NCAC 94 .0205 Eff. June 1, 2011.

 

16 NCAC 06J .0206          TOBACCO PRODUCTS

The possession or use of tobacco products is prohibited, except in designated smoking areas.

 

History Note:        Authority G.S. 143B‑10(a),(e),(j); 143B‑216.33(a)(2),(d);

Eff. February 1, 1976;

Amended Eff. April 1, 1990;

Recodified from 10 NCAC 23B .0404 Eff. May 31, 1991;

Transferred from 10A NCAC 94 .0206 Eff. June 1, 2011.

 

16 NCAC 06J .0207          LEAVING CAMPUS

The superintendent or his authorized representative shall determine the hours during which students are authorized to leave campus.  The superintendent or his authorized representative shall determine social regulations for the students.

 

History Note:        Authority G.S. 143B‑10(a),(e),(j); 143B‑216.33(a)(2),(d);

Eff. February 1, 1976;

Amended Eff. April 1, 1990;

Recodified from 10 NCAC 23B .0406 Eff. May 31, 1991;

Transferred from 10A NCAC 94 .0207 Eff. June 1, 2011.

 

16 NCAC 06J .0208          EXPULSION

The superintendent or his authorized representative shall have the authority to regulate student expulsion standards for violation of .0401 to .0404, of this Section and any other unacceptable behavior. Procedures specified in G.S. 115C-112 are hereby adopted by reference pursuant to G.S. 150B-14(c).

 

History Note:        Authority G.S. 115C-111; 115C-112; 143B-10(a),(e),(j); 143B‑216.33(a)(2),(d);

Eff. February 1, 1976;

Amended Eff. April 1, 1990;

Recodified from 10 NCAC 23B .0407 Eff. May 31, 1991;

Transferred from 10A NCAC 94 .0208 Eff. June 1, 2011.

 

SECTION .0300 - PERSONNEL

 

16 NCAC 06J .0301          AUTHORITY OF CLASSROOM TEACHERS/DORMITORY PERSONNEL

Teachers and house parents may make rules or arrangements necessary to provide the best atmosphere for learning and the well being of the students in the classroom and dormitory.  All rules and arrangements are to be consistent with the approved policies and philosophy of the Office of Education Services Schools for the Deaf.

 

History Note:        Authority G.S. 115C-307; 143B-10(a),(e),(j); 143B-216.33(a)(2),(d);

Eff. February 1, 1976;

Amended Eff. April 1, 1990;

Recodified from 10 NCAC 23B .0408 Eff. May 31, 1991;

Transferred from 10A NCAC 94 .0301 Eff. June 1, 2011.