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Repealed Eff.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Repealed Eff.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 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 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.