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Repealed Eff.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.