GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                   D

HOUSE DRH10315-MK-108  (03/28)

 

 

 

Short Title:        Resid. School Changes.		(Public)
Sponsors:	Representative Farmer-Butterfield.
Referred to:

 

A BILL TO BE ENTITLED

AN ACT to repeal UNNECESSARY statutes, make conforming changes to the general statutes, and clarify operation and oversight of certain residential schools formerly governed by the department of health and human services.

The General Assembly of North Carolina enacts:

SECTION 1.  Part 30 of Article 3 of Chapter 143B of the General Statutes is repealed.

SECTION 2.  Chapter 115C of the General Statutes is amended by adding a new Article to read:

"Article 9C.

"Residential Schools for Visually Impaired and Hearing Impaired Students.

"§ 115C‑150.11.  State Board of Education as governing agency.

(a)        The State Board of Education shall be the sole governing agency for administration and oversight of the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf (hereinafter the "residential schools" for the purposes of this Article).

"§ 115C‑150.12.  Rule making.

(a)        The State Board of Education shall adopt, at a minimum, the following rules necessary for the carrying out of all duties and responsibilities of this Article with the input and recommendation of the Executive Director of Residential Schools:

(1)        Codes of conduct and appeals provisions for students.

(2)        Policies and procedures for academic performance and academic discipline.

(3)        Rules setting reasonable fees and charges for extracurricular activities, transportation for extracurricular activities, and athletics.

In adopting these rules, the State Board shall be exempt from the provisions of Chapter 150B of the General Statutes. However, the State Board shall give notice of the adoption of the rules 30 days in advance of their adoption and shall provide an opportunity for comment by interested parties."

SECTION 3.  G.S. 143B‑146.1(b) reads as rewritten:

"(b)      The following definitions apply in this Part:

(1)        ABC's Program or Program. – The School‑Based Management and Accountability Program developed by the State Board.

(2)        Department. – The Department of Health and Human Services.

(3)        Instructional personnel. – Assistant principals, teachers, instructional personnel, instructional support personnel, and teacher assistants employed in a residential school.

(4)        Participating school. – A residential schoolschool, except as otherwise provided in Article 9C of Chapter 115C, that is required to participate in the ABC's Program.

(5)        Residential school personnel. – The individuals included in G.S. 143B‑146.16(a)(2).

(6)        Schools. – The residential schools under the control of the Secretary.

(7)        Secretary. – The Secretary of Health and Human Services.

(8)        State Board. – The State Board of Education.

(9)        Superintendent. – The Superintendent of the Office of Education Services of the Department of Health and Human Services."

SECTION 4.  G.S. 143B‑146.2(a) reads as rewritten:

"(a)       The Governor Morehead School and the schools for the deaf shall participate in the ABC's Program. The Secretary, in consultation with the General Assembly and the State Board, may designate other residential schools that must participate in the ABC's Program. The primary goal of the ABC's Program is to improve student performance. The Program is based upon an accountability, recognition, assistance, and intervention process in order to hold each participating school, its principal, and the instructional personnel accountable for improved student performance in that school."

SECTION 5.  G.S. 143B‑146.8(f) reads as rewritten:

"(f)       Evaluation of Principals. – Each year the Secretary or the Superintendent shall evaluate the principals."

SECTION 6.  G.S. 143B‑146.15 reads as rewritten:

"§ 143B‑146.15.  Duty to report certain acts to law enforcement.

When the principal has personal knowledge or actual notice from residential school personnel or other reliable source that an act has occurred on school property involving assault resulting in serious personal injury, sexual assault, sexual offense, rape, kidnapping, indecent liberties with a minor, assault involving the use of a weapon, possession of a firearm in violation of the law, possession of a weapon in violation of the law, or possession of a controlled substance in violation of the law, the principal shall immediately report the act to the appropriate local law enforcement agency. Failure to report under this section is a Class 3 misdemeanor. For purposes of this section, "school property" shall include any building, bus, campus, grounds, recreational area, or athletic field, in the charge of the principal or while the student is under the supervision of school personnel. It is the intent of the General Assembly that the principal notify the Secretary or the Superintendent of any report made to law enforcement under this section."

SECTION 7.  G.S. 143B‑146.21 reads as rewritten:

"§ 143B‑146.21.  Policies, reports, and other miscellaneous provisions.

(a)        The Secretary of Health and Human Services shall consult with the State Board of Education in its implementation of this act as it pertains to improving the educational programs at the residential schools. The Secretary also shall fully inform and consult with the chairs of the Appropriations Subcommittees on Education and Health and Human Services of the Senate and the House of Representatives on a regular basis as the Secretary carries out his duties under this act.

(b)        The Secretary of Health and Human Services shall adopt policies and offer training opportunities to ensure that personnel who provide direct services to children in the State schools for the deaf become proficient in sign language within two years of their initial date of employment or within two years of the effective date of this act, whichever occurs later. This subsection shall not apply to preschool personnel in any oral, auditory, or cued speech preschool.

(c)        The Department of Public Instruction, the Board of Governors of The University of North Carolina, and the State Board of Community Colleges shall offer and communicate the availability of professional development opportunities, including those to improve sign language skills, opportunities to the personnel assigned to the State's residential schools, particularly the Governor Morehead School and the schools for the deaf.schools.

(d)        The Secretary of Health and Human Services shall adopt policies to ensure that students of the residential schools are given priority to residing in the independent living facilities on each school's campus.

(e)        The Secretary of Health and Human Services, in consultation with the Office of State Personnel, shall set the salary supplement paid to teachers, instructional support personnel, and school‑based administrators who are employed in the programs operated by the Department of Health and Human Services and are licensed by the State Board of Education. The salary supplement shall be at least five percent (5%), but not more than the percentage supplement they would receive if they were employed in the local school administrative unit where the job site is located. These salary supplements shall not be paid to central office staff. Nothing in this subsection shall be construed to include "merit pay" under the term "salary supplement"."

SECTION 8.  Unless inconsistent with the provisions of Article 9C of Chapter 115C of the General Statutes, as enacted by Section 2 of this act, the rules adopted pursuant to former Part 30 of Article 3 or any other statutory provisions of Chapter 143B of the General Statutes, prior to amendment by this act, governing the Governor Morehead School, the North Carolina School for the Deaf, and the Eastern North Carolina School for the Deaf shall remain in effect until superseded by rules adopted under Article 9C of Chapter 115C of the General Statutes, as enacted by Section 2 of this act.

SECTION 9.  Notwithstanding G.S. 143C‑6‑4, the State Board of Education may reorganize, if necessary, staffing of the residential schools to meet needed functions.

SECTION 10.(a)  Notwithstanding Section 10.21A of S.L. 2010‑31 and G.S. 115C‑150.11, as enacted by this act, the Department of Health and Human Services shall continue to be responsible for the maintenance and repair of all buildings, grounds, and facilities of the Governor Morehead School and for providing utilities for the Governor Morehead School, provided that the Department of Health and Human Services may enter into a memorandum of understanding with the State Board of Education for the State Board to assume any of those responsibilities.

SECTION 10.(b)  Notwithstanding Section 10.21A of S.L. 2010‑31 and G.S. 115C‑150.11, as enacted by this act, the Department of Health and Human Services shall continue to be responsible for information technology support for Eastern North Carolina School for the Deaf, the North Carolina School for the Deaf, and the Governor Morehead School, provided the Department of Health and Human Services may enter into a memorandum of understanding with the State Board of Education for the State Board to assume any of those responsibilities.

SECTION 11.  This act is effective when it becomes law.