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Legislative Summary
Below is a summary of legislative action affecting education. You may visit the actual bill information on the NC General Assembly website by clicking on the bill. Be sure to check back for additional summaries. Budget Bill
Below is a summary of the legislative
budget bill pass during the 2005 session
11—Clarify Sch. Admin. Certification Standards. (SL 2005-179) 182—Charter School Retirement Election. (SL 2005-317) 218—Clinton ABC Net Proceeds Distribution. (SL 2005-005) 320—Budget Technical Corrections. (SL 2005-345) 328—Omnibus Local Laws. (SL 2005-305) 403—Amend Law on Purchase of PSAT for Schools. (SL 2005-156) 404—Repeal Duplicative School Accreditation Requirement. (SL 2005-155) 415—Make up Instructional Days/Hurricanes. (SL 2005-48) 485—Charter School Retirement Election. (SL 2005-315) 496—Student Asthma Medications. (SL 2005-22) 563—Comm. Coll. May Train Lateral Entry Teachers. (SL 2005-198) 583—Comm. Coll./Lead Agency for Job Training. (SL 2005-77) 635—Public Comment at Local Board Meetings. (SL 2005-170) 710—Retirement Systems Technical Corrections. (SL 2005-91) 740—Transit Drug Testing. (SL 2005-157) 779—Increase the Penalty for Truancy. (SL 2005-318) 855—Child Nutrition Standards. (SL 2005-457) 911—Streamline School Testing Program. (SL 2005-458) 1032—Placing Students in Seclusion. (SL 2005-205) 1034—Rockingham Co. Schools Elections. (SL 2005-307) 1055—Jones School Board Vacancies. (SL 2005-107) 1076—Alt. Learning Prog/Sch Proposals. (SL 2005-446) 1310—Testing Requirements/Teacher Educ. Students. (SL 2005-419) 1332—Electronic Purchases and Sales. (SL 2005-227) 1400—School Bus Safety Act. (SL 2005-204) 1414—Help Teacher Assistants Become Teachers. (SL 2005-302) 1491—Insurance for Social Workers. (SL 2005-355) 1507—Amend Interpreter/Transliterator License Act. (SL 2005-299) 1630—2005 Continuing Budget Authority/Revenue. (SL 2005-144) 1631—Extend Continuing Budget Authority. (SL 2005-201)
82—Election Contests. (SL 2005-3) 133—Reconfirming Provisional Voting. (SL 2005-2) 191—Continue Budget Authority. (SL 2005-246) 289—Chatham School Elections. (SL 2005-309) 368—Franklin School Elections Nonpartisan. (SL 2005-80) 408—Study Ways to Reduce Dropout Rate. (SL 2005-271) 462—Charlotte Speed Camera Sunset Extended. (CH. SL 2005-27) 566—Facilitate Comm. Coll. Learn & Earn Prog. (SL 2005-193) 630—Residential Schools Like Other Public Schools. (SL 2005-195) 821—Permissible School Bus Routes Modified. (SL 2005-151) 856—Access to Public Trial Preparation Records. (SL 2005-332) 961—Child Nutrition Standards. (SL 2005-253) 1029—Clarify/Enhance Domestic Vio. & Tenancy Laws. (SL 2005-423) 1117—2005 Military Support Act. (SL 2005-445) 1124—Breach Confid. Files/School Bd. Employees. (SL 2005-321)
PUBLIC EDUCATION Adjusted Continuation Budget $6,585,323,929 $6,701,093,652 Legislative Changes A. Updated Projections 1. Average Daily Membership (ADM) $9,402,812R $6,660,059R Revise projected increase in ADM for PY 2005-06 to reflect 2,338 more students than originally projected. Dollar amount of adjustment includes increases to all position, dollar, and categorical allotments.
Total funded ADM for FY 2005-06 is
1,397,372, an increase of 28,309.
SB 622Special ProvisionsPart II. Current Operations and Expansion/General Fund Section 2.2 (j) General Fund Availability Statement This provision states that the Governor shall analyze the current State public school teacher salary schedule, trends in salaries, and the current disparity between North Carolina teachers and the national average to determine how teacher pay affects the State’s ability to recruit and retain highly qualified public school teachers to improve educational opportunity and outcomes for children across North Carolina. In addition, the Governor may use funds from the Reserve for Contingent Appropriations to execute a plan to reduce the disparity. This fund contains $85 million for the Governor to use to raise teacher’s salaries, which equates to approximately a 2% raise. Part VI. General Provisions Section 6.24 Collaboration Among Departments of Administration, Health and Human Services, Juvenile Justice and Delinquency and Delinquency Prevention, and Public Instruction on School-Based Child and Family Team Initiative This provision establishes the School-Based Child and Family Team Initiative, which shall identify and coordinate appropriate community services and support for children at-risk of school failure or out-of-home placement in order to address the physical, social, legal, emotional, and developmental factors that affect academic performance. Local boards of education shall establish the School-Based Child and Family Team Initiative at designated schools and shall appoint the Child and Family Team Leaders, who shall be a school nurse and a school social worker. Each local management entity that has any selected schools in its area shall appoint a Care Coordinator and any department of social services that has any selected school in their area shall appoint a Child and Family Teams Facilitator. These individuals shall provide training to school-based personnel, as required. The child and Family Team Leaders shall identify and screen children who are potentially at risk of academic failure or out-of-home placement due to physical, social, legal emotional or developmental factors. Section 6.35 Payroll Deduction For Employees’ Associations This provision amends GS 143-3.3(g), the statute permitting State employees to authorize a periodic payroll deduction to be paid to the employees’ association, by requiring that the association have at least 2,000 members, 500 of whom are employees of the State, a political subdivision of the State, or public school employees. Previously, the statute required a majority of the association’s 2,000 members to be employees of the State or of public schools.
Section 6.37 (b) Civil Penalty
and Forfeiture Funds Appropriations
This provision directs the
General Assembly to appropriate moneys from the Civil Penalty and Forfeiture
Fund to the State Public School Funds for Allotment by the SBE (SBE). The SBE
shall allocate these funds according to the allotted average daily membership of
each local school administrative unit. However, if funds accruing to the Civil
Penalty and Forfeiture Fund are not adequate, funds available in the State
Public School Funds will be used to offset the shortfall. This is intended to be
a paper transfer of money to public schools and back to state agencies so public
schools will not benefit from the recent lawsuit which would have provided
additional funding from fines and forfeitures (technology). Section 7.1 Teacher Salary Schedules This provision designates the salary increases for teachers. A base salary increase plus an average step increase of approximately 2.24% is effective for the 2005-2006 and 2006-2007 school year. Section 7.2 School-Based Administrator Salary Schedule This provision details the salary increase for assistant principals and principals the 2005-2006 and 2006-2007 school year. The average increase is 2.0% across the steps. In 2005-2006, participants in the Master’s in School Administration Program shall receive only 10 months stipend. The stipend cannot exceed the difference between the beginning salary of an assistant principal and any fellowship funds received by the intern. Section 7.3 Central Office Salaries This provision details the salary schedule for assistant superintendents, associate superintendents, directors/coordinators, supervisors and finance officers. The annual salary increase for all permanent full-time Central Office personnel, who work a nine, 10, 11 or 12-month work year schedule, shall be the greater of $850.00 or two percent, (2%) as of July 1, 2005. In addition to the compensation provided pursuant to this provision, assistant superintendents, associate superintendents, directors/coordinators, supervisors and finance officers, with certification based on academic preparation at the six-year degree level, shall receive a salary supplement of $126.00 per month. (See also Section 29.14A) Section 7.4 Non-Certified Personnel Salary This provision details the salary increase for all non-certified personnel. It includes funds for the employer’s retirement and social security contributions beginning July 1, 2005 for all non-certified public school employees whose salaries are supported from the State’s General Fund. Permanent full-time personnel, who work a nine, 10, 11 or 12-month work year schedule, shall receive the greater of eight hundred fifty dollars ($850.00) or two percent (2%) as of July 1, 2005. Part-time employees shall receive a pro rata share of the pay increase based on their hours of employment. (See also Section 19.14A) Section 7.5 Bonuses for Certified Personnel at the Top of their Salary Schedules This provision states that effective July 1, 2005 any permanent certified personnel employed on July 1, 2005, and paid on the teacher salary schedule for 29+ years of experience shall receive a one-time bonus equivalent to the average increase of the 26 to 29 year steps. Effective July 1, 2005, any permanent personnel employed on July 1, 2005, and paid at the top of the principal and assistant principal salary schedule shall receive a one-time bonus equivalent to two percent (2%). For permanent part-time personnel, the one-time bonus shall be adjusted pro rata. Personnel defined under G.S. 115C-325(a)(5a) are not eligible to receive the bonus. * Please see also Section 5 of HB 320 Modify 2005 Appropriations Act, which amended this provision. Section 7.6 Supplemental Funding for Low-Wealth Counties This provision details the distribution and expenditure of low-wealth funds. It provides an additional $20 million in new funding. Section 7.7 Small School System Supplemental Funding This provision states that the funding base for small school system supplemental funding is $740,074 for 2005-2006 and 2006-2007. It appropriates an additional $750,000 only for 2005-2006. Section 7.8 Disadvantaged Student Supplemental Funding This provision addresses the Leandro court ruling. It provides the following expenditure categories: (1) instructional and instructional support positions, including professional development; (2) in-school and/or after-school remediation; (3) diagnostic software and progress-monitoring tools and (4) teacher bonuses and supplements, of which the SBE will set a maximum percentage. The provision further permits the SBE to require districts receiving this funding to purchase the Education Value Added Assessment System in order to provide in-depth analysis of student performance and help identify strategies for improving student achievement. The SBE shall report the results of the evaluation to the Office of State Budget and Management, the Joint Legislative Education Oversight Committee and the Fiscal Research Division by February 15, 2006 and by January 15 of each subsequent year. In addition, this provision appropriates $22.5 million for pilot school systems. Section 7.9 Students with Limited English Proficiency This provision details the funding formula for the distribution of the allotment to students with limited English proficiency. The allotment has not changed from fiscal year 2004-05. Section 7.10 Flexibility for the Highest Priority Elementary Schools This provision permits the SBE to allow a school who has made high growth for three or more years to be removed from the list of high priority status. If the local board chooses to have such a school removed from the list, the additional funding shall be discontinued. Section 7.11 At-Risk Student Services/Alternative Schools This provision permits the SBE to use up to $200,000 of the funds in the Alternative Schools/At Risk Student allotment for 2005-2006 and 2006-2007 to implement G.S. 115C-12(24) (the statue requiring the SBE to develop policies and guidelines for alternative learning programs). Section 7.12 Children with Disabilities This provision increases the funding for children with disabilities to $2,838.39 per child for a maximum of 168,602 children for 2005-2006. This is an increase of $64.43 per pupil from 2004-2005 funding and reflects the 12.5% statewide cap. Section 7.13 Funds for Academically Gifted Children This provision increases the funding for academically gifted children to $926.55 per child for 55,895 children for 2005-2006. This is an increase of $11.60 per pupil from 2004-2005 funding and reflects the 4% statewide cap. Section 7.14 Expenditure of Funds to Improve Student Accountability This provision requires that funds appropriated for 2005-2006 and 2006-2007 shall be used to assist students in grades 3-8 who perform at or above grade level in reading and math. These funds shall be allocated based on the number of students who score at Level I and II on either reading or math End-of-Course tests in grades 3-8 and shall not be transferred. The funds will be allotted to LEAs before September 15, 2005 (within 30 days of the date the budget became law, August 16, 2005) and shall remain available through August 31 of the subsequent year. Section 7.15 Litigation Reserve This provision permits the SBE to expend up to $500,000 each year for the 2005-2006 and 2006-2007 fiscal years from unexpended salary funds to pay expenses related to pending litigation. Section 7.16 Base Budget Reduction to DPI This provision reduces the base budget of the Department of Public Instruction (DPI) by 2% ($598,666). Section 7.17 Replacement School Buses Funds This provision amends the 2004 school bus replacement special provision by adding new language to direct the Department of Administration, Division of Purchase and Contract, in cooperation with the SBE, to solicit bids for the direct purchase of school buses and activity buses and to establish a statewide term contract for use by the SBE. Local boards of education and other agencies shall be eligible to purchase from the statewide term contract and the SBE shall solicit bids for the financing of school buses. In addition, the provision decreases the authorized allotment for LEAs for the purchase of schools buses by $7,915,450, or from $37,239,912 to $29, 324, 462. Section 7.18 Expenditures for Driving Eligibility Certificates This provision specifies the role of the SBE in developing rules for the issuance of driving eligibility certificates. It also allows the SBE to use funds appropriated for drivers education to cover the costs of driving eligibility certificates. Section 7.19 Discrepancies Between Anticipated and Actual ADM This provision permits the SBE to use funds appropriated to State Aid for Public Schools to make allotment adjustments in accordance with the Allotment Adjustments for ADM Growth provisions of the NC Public Schools allotment Policy Manual. The provision also requires that if the higher of the first or second month average daily membership in an LEA is at least 2 percent or 100 students lower than anticipated, the SBE shall reduce allotments for the unit. Further, the provision cuts the ADM Contingency Reserve Fund by $2 million. Section 7.20 Charter School Advisory Committee/Charter School Evaluation This provision permits SBE to use $50,000 from State Aid to Local School Administrative Units for 2005-2006 and 2006-2007 to support the charter school advisory committee and to evaluate charter schools. Section 7.21 Mentor Teacher Funds May Be Used for Full-Time Mentors This provision allows school districts to hire full-time mentor teachers and use funds in the mentor program to pay them accordingly. Each LEA with an approved plan shall report to the SBE. The SBE shall then analyze these reports to determine the characteristics of mentor programs that are most effective in retaining teachers and shall report its findings to the Joint Legislative Education Oversight Committee by October 15, 2006. In addition, the SBE shall evaluate the effectiveness of a representative sample of local mentor programs and report to the Joint Legislative Education Oversight Committee and the Fiscal Research Division by December 15, 2006. Section 7.22 Visiting International Faculty This provision amends GS 115C-105.25(b) by allowing positions allocated for classroom teachers to be converted to dollar allotments to contract for visiting internal exchange teachers. The positions will be converted at the statewide average salary, including benefits. Section 7.23 Funds to Implement the ABCs of Public Education This provision allows for the payment of the 2004-05 ABC bonuses. Section 7.24 LEA Assistance Program This provision designates the sum of $500,000 for 2005-06 and 2006-07 to provide assistance to the State’s low performing LEAs and to assist schools in meeting AYP in each subgroup identified in NCLB. The provision directs the SBE to report to the Office of State Budget and Management, the Fiscal Research Division, and the Joint Legislative Education Oversight Committee on the expenditure of these funds by May 15, 2006 and December 15, 2007. These funds shall not revert at the end of each fiscal year. Section 7.25 Funds for the Testing and Implementation of the New Student Information System This provision states that funds appropriated for the Uniform Education Reporting System shall not revert at the end of the 2005-2006 and 2006-2007 fiscal years, but shall remain until expended. Section 7.27 LEA Sales Tax Refund Reporting This provision requires the Secretary of Revenue to make an annual report to DPI and the Fiscal Research Division of the General Assembly by March 1 of the amount of refunds identified by city or county school systems. It also requires that by September 15, 2005 (30 days after enactment of the budget), the Secretary of Revenue shall report to DPI and Fiscal Research Division the amount of refunds during the 2002-2003, 2003-2004 and 2004-2005 fiscal years. Section 7.28 Review of Standards for Masters in School Administration This provision directs the SBE in consultation with the Board of Governors of UNC to review the masters program to ensure competencies in teacher retention, teacher evaluations, teacher support programs and teacher effectiveness. Section 7.29 Evaluation of School Principals This provision requires LEAs to evaluate all principals and assistant principals at least once a year. Either the superintendent or the superintendent’s designee shall conduct the evaluation. The SBE shall ensure the standards and criteria for the evaluations include the accountability measures of teacher retention, teacher support and school climate. A local board shall use the performance standards and criteria adopted by the SBE unless the board develops an alternative evaluation that is properly validated and includes standards and criteria similar to the SBE. Section 7.30 Planning Time for Teachers This provision directs the SBE to develop and report on best practices for providing a minimum of five hours per week within the instructional day for planning, collaborating with colleagues and parents and professional development especially within elementary school schedules. The SBE shall report to the Education Cabinet and to the Joint Legislative Education Oversight Committee by January 15, 2006. Section 7.32 Learn and Earn High Schools This provision appropriates funds to establish new high schools in local school administrative units to work with two and four year colleges, universities, and local employers to assist students in having the skills necessary to meet the needs of employers in the community. During the first year of operation, the high school shall be allotted a principal regardless of the number of State-paid teachers assigned to the school or the number of students enrolled. Funds shall not be allotted until Learn and Earn high schools and planning sites are approved by the SBE. Learn and Earn planning sites are expected to complete the planning process by the end of the fiscal year for which the planning funds are awarded." In addition, the provision requires the SBE to report the results of the evaluation of the program to the Office of State Budget and Management, the Joint Legislative Education Oversight Committee and the Fiscal Research Division by January 15 of each year. Funding of $3,247,426 recurring and $917,500 non-recurring is appropriated for the program. * Please see also Section 6(a) of HB 320 Modify 2005 Appropriations Act, which amended this provision. Section 7.33 Flexibility for High School Innovation This provision authorizes local boards to jointly establish a board of trustees with community colleges and universities to expand educational opportunities for students in high schools. The application shall be submitted to the SBE and the applicable governing Boards. The Boards shall approve all applications by June 30 of each year. The SBE and Governing Boards shall evaluate and report the success of students in the approved programs to the Joint Legislative Education Oversight Committee by October 15, 2005 and annually thereafter. If by October 15, 2006, the boards determine any or all of these programs are successful, they shall jointly develop a prototype plan and report to the Joint Legislative Education Oversight Committee by March 15, 2006. The plan for design and implementation shall be included in their report to the Joint Legislative Education Oversight Committee which is due by October 15, 2007. * Please see also Section 6(b) and (c) of HB 320 Modify 2005 Appropriations Act, which amended this provision. Section 7.37 Minimize Time Devoted to Standardized Tests This provision directs the SBE to establish policies and guidelines to minimize testing. No more than two days per year devoted to practice tests. No field or national tests are to be given during the two weeks preceding state tests or final exams. No school shall participate in more than two field tests at any one grade level during a school year unless the schools volunteers. Section 7.38 Education Cabinet This provision adds the Secretary of Health and Human Services to the Education Cabinet. The Cabinet shall study the extent to which school nurses, school social workers and other instructional support personnel collaborate with each other and with local health, mental health, and social services providers to meet the needs of at-risk children and their families and to support the educational achievement of at-risk children. In addition, the Cabinet shall evaluate the need for additional training for school nurses, school social workers and other instructional support personnel on multidisciplinary assessments and on referral and care coordination for at-risk students and their families. The Educational Cabinet shall report the results of its study and recommendations to the Joint Legislative Education Oversight Committee prior to April 15, 2006. Section 7.39 The Center for 21st Century Skills This provision directs the Office of the Governor to establish a Center for 21st Century Skills office within the North Carolina Business Committee for Education. The purpose of the center will be to design curriculum, teacher training, and student assessment to support students acquiring the knowledge and skills needed for the workforce. The provision also requires a new appropriation of $250,000, to be transferred from the SBE to the Office of the Governor. Section 7.40 Teacher Working Conditions Initiative This provision appropriates funds to survey teachers on a biennial basis and establish an advisory board to oversee the recommendations from the survey. Funds of $215,000 for the 2005-2006 fiscal year and $290,000 for 2006-2007 are appropriated to administer the Governor’s Teacher Working Conditions Survey Initiative, of which $100,000 will be made available to support NC Network. Section 7.41 Plan and Funding for a Virtual High School This provision directs the SBE and the Universities, Independent Colleges and Community Colleges to develop E-learning standards and plans to provide virtual learning opportunities for students and other citizens in the state. The SBE shall establish and implement a pilot virtual high school for 2005-2006 and 2006-2007. This high school will enable students to take courses, but will not award diplomas. Funding of $150,000 was budgeted. Section 7.42 Feasibility Study for Developing Regional Education Networks This provision directs all education entities, including the private colleges, and the State Chief Information Officer, to evaluate existing technology and service applications and to study developing regional education networks to sustain broadband connectivity to everyone in the education community. In addition, the education entities shall recommend ways to maximize the use of existing resources to assist underserved region sin the state. A report of the results of the study shall be made to the 2006 Regular Session of the 2005 General Assembly. Funding of $100,000 was provided in the budget. Section 7.43 Assistance with School Technology Needs This provision adds the following components to the State School Technology Plan: (1) technology and service application infrastructure, including broadband connectivity, personnel recommendations, and other resources needed to operate effectively from the classroom desktop to local, regional and state networks; and (2) an evaluation component that provides for LEA accountability for maintaining quality upgradeable systems. DPI shall randomly check local school system technology plans and notify the SBE of those units not complying. DPI will then recommend a plan of action to support these units in carrying out their plans. In addition, DPI shall provide the SBE with an annual report on E-Rate including, funding, commitments, and enrollment by local school administrative units. Section 7.47 School Employee Salary Study This provision directs the Joint Legislative Education Oversight Committee to study the current salary structure for teachers. Section 7.51 Redirect Refundable Sales to State Public School Fund This provision directs the Secretary of Revenue to transfer $33.3 million in funds collected by the public schools for sales taxes, to the State Treasurer for the State Public School Fund. These monies were previously refunded to LEAs at the end of each fiscal year. The transfer is effective beginning in July 2006 and pertains to state sales taxes collected in 2005-2006. It is unclear what will happen to the local refund, because the entire authorization for the refund was repealed. * Please see also Section 7 of HB 320 Modify 2005 Appropriations Act, which amended this provision. Section 7.52 Small Specialty High Schools Pilot Program This provision appropriates $1,446,877 for a pilot program to create 11 small specialty high schools within existing schools. The SBE shall evaluate the program and report to the Office of State Budget and Management, the Joint Legislative Education Oversight Committee and Fiscal Research by November 15, 2006. Section 7.54 Ensure DHHS Schools Receive Federal Funds This provision classifies the Department of Health and Human Services as a public authority (the school administrative agency for the schools that it operates) for purposes of eligibility for federal grant funds. Section 7.57 Study of School Transportation This provision directs DPI to use up to $150,000 from the funds appropriated for State Public School Fund, for a study of the current allotment formula for school transportation. The results of the study shall be submitted to the SBE by December 15, 2005. The Board shall consider the findings and shall report its recommendations to the Joint Legislative Education Oversight Committee by April 15, 2006. * Please see also Section 8 of HB 320 Modify 2005 Appropriations Act, which amended this provision. Section 7.58 Review of Internal Controls This provision requires a review of internal control procedures when the SBE finds that incidents of fraud, embezzlement, theft, or management failures have occurred in an LEA. The provision also directs such LEAs to submit an audit with a plan for any corrective actions relative to internal controls. If the incidents were not discovered by the firm performing the audit then the SBE and Local Government Commission shall employ an audit firm to review internal control procedures and the LEA is responsible for the cost of the audit. Section 7.59 Teach Financial Literacy in Public Schools This provision requires the standard course of study and the basic education program to include the requirement that the public schools provide instruction in personal financial literacy for all students in high schools. The SBE shall review the high school standard course of study and determine in which course the new personal financial literacy curriculum can be integrated. Section 7.60 Reports on the Expenditure of Supplemental Funds for Low-Wealth Counties This provision directs local boards to report to the SBE by August 31 annually on the expenditure of supplemental funds for low-wealth counties and how the funds were used to implement proven improvement strategies. The SBE shall report on October 31 annually to the Office of State Budget and Management, Joint Legislative Education Oversight and the Fiscal Research Division. Section 7.61 Provide for New Accountability for the Use of Funds in the At-Risk and Improving Student Accountability Allotments This provision appropriates funds to provide instructional positions or instructional support and/or professional development, to provide intensive in-school and/or after-school remediation, and to purchase diagnostic software and progress monitoring tools. To remain eligible for these funds, LEAs must submit a report to the SBE by October 31 of each year detailing expenditures and impact of these funds on student achievement. The SBE shall report this information annually by October 31 to the Office of State Budget and Management, the Joint Legislative Education Oversight Committee and the Fiscal Research Division. Section 7.62 Provide Disaster Relief for Hyde County Notwithstanding any other provision of law, this provision appropriates, of the funds appropriated in S.L. 2005‑1 to the Disaster Relief Reserve Fund, $750,000 to be transferred from the Disaster Relief Reserve Fund to Hyde County for the 2005‑2006 fiscal year. Theses funds are to be used to repair Ocracoke School which was damaged as a result of Hurricane Isabel and Hurricane Alex. * Please see also Section 9 of HB 320 Modify 2005 Appropriations Act, which created this provision. Part IX. Universities Section 9.3 UNC-NCCCS Joint Initiative for Teacher Education and Recruitment This provision appropriates funds to establish a joint initiative for eight positions to assist in increasing the number of certified teachers in NC public schools. The results of this initiative shall be reported by September 1, 2006 and annually thereafter to the SBE, The Board of Governors of The University of North Carolina, the SBE of Community Colleges, the Education Cabinet, the Joint Legislative Education Oversight Committee and the Office of State Budget and Management. Section 9.5 UNC-NCCS 2+2 E-Learning Initiative Encourage Partnerships for New 2 + 2 Programs This provision appropriates funds in the amount of $1,000,000 for 2005-2006 and 2006-2007 to be used for distance education programs for undergraduate and graduate students in the North Carolina university system, to assist students who want to become teachers. Section 9.6 Use of Escheat Fund for Need-based Financial Aid Programs, Section (b) This provision appropriates from the Escheat Fund to the Board of Governors of UNC $780,000 for 2005-06 and $1,170,000 for 2006-07 to be allocated to the NC State Educational Assistance Authority (SEAA) for need-based student financial aid. The SEAA must use these funds only to provide scholarship loans to NC high school seniors interested in becoming a teacher in the NC public schools, who enroll at any of the Historically Black Colleges and Universities that do not that Teaching Fellows. Section 9.11 Teacher Scholarships Funds This provision appropriates $650,000 for 2005-2006 and $1,300,000 for 2006-2007 for the Future Teachers of North Carolina Scholarship Loan Fund. The provision establishes two-year scholarships of $6,500 per year, for juniors or seniors in college who choose to pursue a college degree to teach in the NC public schools. Section 9.14 NC School of Science and Math Tuition Grant This provision expands the NC School of Science and Math Tuition Grant by including the language “cost of attendance,” (which will require more money than simply cost of tuition). A student who is eligible for the legislative tuition grant after July 1, 2005 shall continue to be eligible, provided the student meets the criteria. Section 9.17 Transfer Prospective Teacher Scholarship Loan and Teacher Assistant Scholarship Loan to the NC State Education Assistance Authority This provision transfers the Prospective Teacher Scholarship Loan and Teacher Assistant Scholarship Loan to the NC State Education Assistance Authority. The fund was created to provide scholarships to individuals who are pursuing college degrees to become teachers. Section 9.23 Eliminate Reporting Requirement for School Administrator Training Programs This provision directs the Board of Governors to develop and implement a competitive proposal process and criteria for assessing proposals to establish school administrator training programs within the constituent institutions of The University of NC. The provision also requires the Board to study the issue of supply and demand of school administrators and to determine the number of school administrators to be trained in the programs each year of the biennium. The Board must then report these results to the Joint Legislative Education Oversight Committee no later than March 1 annually. Section 9.27 Scholarship Student This provision permits the Board of Trustees of a constituent institution of the University of NC to elect by resolution, notwithstanding any other provision of law, to consider as residents of NC all undergraduate students attending the institution on full scholarships (from entities recognized by the institution). The provision defines “full scholarship” as a grant that meets the full cost for a student to attend the constituent institution for an academic year. In addition, the provision requires that such a resolution be administered by the electing constituent institution so as to have no fiscal impact. The electing constituent institution must also maintain at lease the current number of NC residents admitted to that institution. The provision applies to students accepting admission to a constituent institution on or after July 1, 2005.
Section 9.31 Physical Education-Coaching Scholarship Loan This provision establishes the Coaching and Assistant Coaching Scholarship Fund to provide scholarship loans to students who are pursuing college degrees to become public school teachers, coaches and assistant coaches. The fund shall provide 25 scholarship loans per year in the amount of $4,000 per student. Effective date is with the enactment of the budget. The State Education Assistance Authority shall report to the Joint Legislative Education Oversight Committee by March 1 each year. Section 9.34 Professional Development Programs for Public School Employees This provision directs the SBE, in collaboration with the Board of Governors of the University of North Carolina, to identify and make recommendations regarding meaningful professional development programs for professional public school employees. The Board of Governors shall submit an annual report to the SBE evaluating these programs. Section 9.35 Study In-State Teacher Tuition Benefit This provision directs the Joint Legislative Oversight Committee to study the current law regarding the in-state tuition rate available to certain teachers for courses relevant to teacher certification or professional development as a teacher. The provision also requires an interim report stating findings and recommendations to be made to the 2005 General Assembly and a final report by May 30, 2007, shall be made to the 2007 General Assembly. Part X. Department of Health and Human Services Section 10.40D DHHS and Community Colleges Study Use of Medication Aides to Perform Technical Aspects of Medication Administration, Section (f) This provision allows local boards of education to, at their discretion, adopt policies and procedures authorizing schools that operate programs under GS 115C-307(c) (duty of teachers to provides some medical care to students) to use unlicensed health care personnel to perform the technical aspects of medication administration to students. The provision also details the requirements that local boards must follow if they elect to adopt such polices and procedures.
Section 10.53 Funds for School Nurses This provision appropriates $2,500,000 to fund 50 permanent nursing positions for fiscal years 2005-2006 and 2006-2007. The provision further states that communities shall maintain their current level of effort and funding for school nurses. Section 10.59F (a) Governor’s Vision Care Program Established This provision establishes the Governor’s Commission on Early Childhood Vision Care, which shall consist of six members, including two optometrists, two ophthalmologists, one optometrist in NC appointed by the Speaker and one by the President Pro Tempore. The purpose of the Commission is to ensure that children whose family income is 250% or below the federal poverty level and are otherwise not covered, receive the necessary services to comply. The provision also mandates that every child entering Kindergarten obtain a comprehensive eye examination not more than six months prior to the date of school entry. The exam must be conducted by an optometrist or ophthalmologist licensed in this state. This section becomes effective with the 2006-07 school year and only applies to children in public schools and charter schools. Section 10.59G LRC Study School-Based and School-Linked Health Centers This provision permits the Legislative Research Commission to study and evaluate the number of school-based and school-linked health centers in providing primary care, mental health, and other health care services to the centers impact on providing health care. The Commission may make an interim report to the 2006 Regular session including recommendations for proposed legislation and make its final report to the 2007 General Assembly. Section 10.67 “More at Four” Program This provision appropriates a total of $66,646,653 to serve Pre-K at-risk four-year old children for 2005-2006 and for 2006-2007. The actual budgeted amount equals $16,640,531 for 3200 new slots with $150 more for each slot and five new administrative positions. Section 10.68 Office of School Readiness This provision directs the Department of Health and Human Resources, DPI and the Office of the Governor to establish a group to develop a plan for the creation of an Office of School Readiness. The study group shall report the results of the study to Senate and House Health Committees and Fiscal Research by March 1, 2006. Part XIII. Department of Commerce Section 13.15 Impact of Education on Economic Growth This provision directs the NC Board of Science and Technology in the Department of Commerce to prepare a report by February 1, 2007, on the impact of education on economic growth for the 21st century by county. * Please see also Section 25 of HB 320 Modify 2005 Appropriations Act, which created this provision. Part XXIX. Salaries and Employee Benefits Section 29.14A Special Annual Leave Bonus This provision states that any full-time permanent employee of the State, a community college, or a local board of education as of September 1, 2005, who is eligible to earn annual leave, shall have a one-time five days of annual leave credited on that date. Part-time employees shall receive a pro-rata amount of the five days. Section 29.17 State Agency Teachers’ Compensation This provision directs funds in the Reserve for Compensation Increases to be used for experience step increases for employees of schools operated by the Department of Health and Human Services, the Department of Correction, or the Department of Juvenile Justice and Delinquency Prevention who are paid on the Teachers Salary Schedule or the School-Based Administrator Salary Schedule. Section 29.24 Salary-Related Contributions/Employer This provision states that effective July 1, 2005, the State’s employer contribution rates for retirement and related benefits as a percentage of covered salaries for the 2005-06 fiscal year, are 6.82% (Medical and Hospital 3.8%, 0.52% Disability Income Plan, and Death Benefits 0.16%). Effective July 1, 2006, the State’s employer contribution rates are the same as above. The maximum annual employer contributions payable monthly are: Medicare-eligible $2,853 and non Medicare eligible $3,748, for 2005-2006 and $2,934 and $3,854, respectively, for 2006-2007. Section 29.25 Cost of Living Increases for Retirees After July 1, 2005, this provision increases the retirement allowance by 2.0% of allowance payable on June 1, 2005. Section 29.28 Conform Retiree Return to Teaching Benefit to IRS Guidelines/Clarify Definition of Retirement. This provision makes a number of changes for returning to work while drawing retirement for both teachers and other retirees of the Teachers and State Employees Retirement System. Effective June 30, 2005, the session law allowing teachers to return to work full-time after sitting out 6 months was extended from June 30, 2005 to June 30, 2007 (subsection d). Also effective June 30, 2005, teachers who have been retired for at least 6 months will have to continue contributing 11.7% to the retirement system. This contribution is not dependent upon the amount of time the retired teacher works (section c). Beginning August 1, 2005, the definition of retired teacher changes to state that a teacher may not work in any capacity for the 6 months after retiring (previously a teacher could be a substitute teacher or part time tutor; subsection b). Also effective August 1, the 11.7% retirement contribution will only have to be made for retired teachers that work 50% or more (subsection a). Effective November 1, 2005, the definition of retirement changes for everyone under the Teachers and State Employees Retirement System. Under the new definition, no service, including part-time, temporary, substitute or contractor services, may be rendered for 6 months. Also there can be no intent or agreement, expressed or implied, to return to service. * Please see also Section 43 of HB 320 Modify 2005 Appropriations Act, which amended this provision. Section 29.30B Change Disability Plan Amendment Effective Date This provision extends the existing language for long-term disability to August 1, 2006. Section 29.31 State Health Plan Changes This provision increases the premium coverage costs for families by 12.3%. The deductible benefits for family coverage has increased from $1,500 to $2,000. Prescription drugs have increased from branded with a generic prescription from $35.00 to $40.00 and from $40.00 to $50.00 for each branded or generic prescription not on a formulary used by the Plan. In addition, the plan will not ay the first $150.00 for each day of confinement and continues to increase other costs associated with out-of-pocket expenditures of hospitalization. The provision also provides 100% of allowable charges for annual mammograms for covered individuals 40 years of age and over (current law only provides coverage for every two years in this age bracket). Part XXXI. Lottery Section 31.1 Lottery Please see lottery summary (HB 1023). PartXLVI. Miscellaneous Provisions Section 46.6 Effective Date This provision states that, except as otherwise provided, all above provision become effective on July 1, 2005.
HB 11—Clarify Sch. Admin. Certification Standards. (SL 2005-179) This bill allows an individual to qualify for certification as a school administrator if the individual has education and training that is determined to be equivalent to a graduate degree from an approved public school administration program. The State Board of Education will determine what constitutes equivalent education and training. The individual would also have to meet all the other certification requirements. Effective Date: 7/12/2005
HB 182—Charter School Retirement Election. (SL 2005-317) This bill permits the boards of directors of Success Institute, in Statesville, and Piedmont Community Charter School, in Gastonia, both charter schools, to become participating employers in the Teachers’ and State Employees’ Retirement System and State Employees’ Comprehensive Major Medical Plan. These two charter schools have 30 days after the act becomes law to make the determination. Effective Date: August 25, 2005
HB 218—Clinton ABC Net Proceeds Distribution. (SL 2005-005) This bill alters the distribution of the net proceeds from the sale of alcoholic beverages at the Town of Clinton Alcoholic Beverage Control stores from a quarterly distribution to an annual distribution. The bill maintains that out of the net profits derived twenty per cent (20%) will be paid over to the Clinton City Board of Education. Effective Date: 4/4/2005
HB 320—Budget Technical Corrections. (SL 2005-345)
This bill makes technical corrections to the 2005 Appropriations Act (SL 2005-276). The following sections pertain to matters of concern to public schools. As appropriate, these changes have been reflected in the Summary of the Appropriations Act. Section 5 amends Section 7.5 Bonus for Certified Personnel at the Top of Their Salary Schedule Section 6(a) amends Section 7.32(b) Learn and Earn High Schools Section 6(b) and (c) amends Section 7.33(a) Flexibility for High School Innovation Section 7 amends Section 7.51(c) Redirect State Refundable Sales to State Public School Fund Section 8 amends Section 7.57 Study of School Transportation Section 9 creates a new section in budget bill 7.62 appropriating $750,000 from the Disaster Relief Reserve Fund (SL 2005-1) to Hyde County to repair the Ocracoke School that was damaged by Hurricanes Isabel and Alex. Section 25 creates a new Section 13.15 directing the NC Board of Science and Technology in the Department of Commerce to prepare a report by February 1, 2007, on the impact of education on economic growth for the 21st century by county. Section 43 amends Section 29.28(a) Return to Teaching Benefit to IRS Guidelines/Clarify Definition of Retirement
HB 328—Omnibus Local Laws. (SL 2005-305) Section 6 validates elections and actions of the Pamlico County Board of Education. Section 9 reconfirms and validates nonpartisan elections of the Elizabeth City-Pasquotank Board of Education and validates that board’s actions and clarifies that the members of the Elizabeth City-Pasquotank Board of Education take office on the first Monday in December. Effective Date: August 23, 2005.
HB 403—Amend Law on Purchase of PSAT for Schools. (SL 2005-156) This bill amends the law regarding the purchase of the preliminary scholastic aptitude test (PSAT) for the public schools by deleting requirements that the State Board of Education contract with the College Board for the test and for the diagnostic information which accompanies PSAT score reports. Effective Date: 7/5/2005
HB 404—Repeal Duplicative School Accreditation Requirement. (SL 2005-155) This bill repeals a duplicative school accreditation requirement and makes conforming changes by deleting the requirement that the State Board of Education develop a state accreditation program that meets Basic Education Program requirements. Effective Date: 7/5/2005
HB 415—Make up Instructional Days/Hurricanes. (SL 2005-48) This bill gives flexibility in the school calendar to accommodate extraordinary circumstances caused by Hurricanes Frances and Ivan. It is effective for the 2004-2005 school year only and applicable to local school administrative units located in counties that were declared a federal disaster as a result of Hurricanes Frances and/or Ivan and missing more than 13 instructional days due to all inclement weather. It provides that local boards of education must adopt a school calendar that includes a minimum of either 180 days or 1,000 hours of instruction. If the board schedules 1,000 hours of instruction in less than 180 days, teachers employed for a 10-month term and all other employees will be compensated as if they had worked 180 instructional days. Effective Date: 5/17/2005 and only applies to the 2004-2005 school year.
HB 485—Charter School Retirement Election. (SL 2005-315) This bill permits the board of directors of Evergreen Charter School, in Asheville, to become a participating employer in the Teachers’ and State Employees’ Retirement System and the North Carolina Teachers’ and State Employees’ Comprehensive Major Medical Plan within 30 days after the act becomes law. Effective Date: August 25, 2005
HB 496—Student Asthma Medications. (SL 2005-22) This bill requires local school boards to adopt policies permitting students with asthma or students subject to anaphylactic reactions, or both, to possess and self-administer asthma medication on school property during the school day, at school-sponsored activities, or while in transit to or from school or school-sponsored events. The policy includes set requirements of the parent or guardian. The bill also reorganizes statutorily provisions on the medical care for students. The bill also requires the Department of Health and Human Services and the Department of Public Instruction to apply for any available federal grants related to children’s asthma. Effective Date: 4/28/2005. 115C-375.2 applies beginning with the 2005-06 school year. Statutes: 115C-375.2, 115C-307(c), 115C-375.1, 115C-47(42), 115C-375.3, 115C-47(44), 115C-375.4, 115C-288(e)
HB 563—Comm. Coll. May Train Lateral Entry Teachers. (SL 2005-198) Section 1 of the bill limits provisional teaching certificates to three years; previously it was five years (NCLB requirement). Sections 2, 3 and 4 of the bill authorize the State Board of Community Colleges to provide a program of study for lateral entry teaches to complete the coursework necessary to earn a teaching certificate. The program must meet standards set by the State Board of Education. In order to participate in the community college program the participant must: (1) hold a bachelors degree from a regionally accredited institution of higher education; (2) have completed that degree at least five years before undertaking the program of study created by this bill; and (3) hold a lateral entry teaching certificate and be employed as a teacher in an LEA. Effective Date: July 19, 2005. Section 1 applies to certificates issued on or after that date. Sections 2,3, and 4 sunset July 1, 2011.
HB 583—Comm. Coll./Lead Agency for Job Training. (SL 2005-77) This bill amends GS 115D-1.1 to (1) provide that a local board of education where the student is either enrolled or domiciled (was, enrolled) may approve the enrollment and (2) adds the administrator of the college or university where the student is enrolled as a person who may approve the enrollment. Effective Date: June 7, 2005
HB 635—Public Comment at Local Board Meetings. (SL 2005-170) This bill requires at least one public comment period per month at a regular meeting of a local board of education, county board of commissioners, or municipal board. The bill authorizes the local boards to adopt reasonable rules governing the conduct of the public comment period including the following rules: (1) Fixing the maximum time allotted to each speaker; (2) Designating spokespersons for groups; (3) Providing for the selection of delegates from groups when space exceeds capacity; and (4) Providing for order and decorum during the meeting. Further, local boards are not required to provide a public comment period if no regular meeting is held during the month. Black's law dictionary defines “conduct” as to manage; direct; lead; have direction; regulate; do business Effective Date: July 11, 2005.
HB 710—Retirement Systems Technical Corrections. (SL 2005-91) This bill amends GS 135-5(g1) to provide for payment of benefits in the event of the primary beneficiary’s death. It also adds new GS 135-10.1 listing circumstances in which an application for service, early, or disability retirement is null and void. It makes parallel changes in GS Chapter 128. It repeals GS 58-86-85 and amends GS 58-86-35 and 58-86-40 allowing for termination of membership in Firemen’s Pension Fund by member. Effective Date: Majority of the bill is 7/1/2005. One section is 12/1/2004.
HB 740—Transit Drug Testing. (SL 2005-157) This bill requires public transit operators and other employers of persons who operate commercial motor vehicles who are subject to federal drug and alcohol testing to report to the Division of Motor Vehicles any federally required positive drug and alcohol test results, and to disqualify those persons from operating a commercial motor vehicle or other public transit vehicle until successful completion of the treatment. It adds new GS 20-37.20A requiring DMV to place a notation on the driver’s driving record and retain the notation of a disqualification on the record for two years. It also adds new GS 20-37.20B pertaining to appeal of a disqualification. Effective Date: 12/1/2005
HB 779—Increase the Penalty for Truancy. (SL 2005-318) This bill increases the penalty for truancy from a Class 3 misdemeanor to a Class 1 misdemeanor. Effective Date: December 1, 2005 Statute: 115C-380
HB 855—Child Nutrition Standards. (SL 2005-457) This bill directs the SBE to establish statewide nutrition standards for school meals, a la carte foods and beverages, and the After School Snack Program administered by DPI and child nutrition programs of LEAs. The bill further requires all elementary schools to achieve a basic level of compliance by the end of the 2007-08 school year, followed by middle and high schools. Effective Date: October 1, 2005 Statute” 115C-12
HB 911—Streamline School Testing Program. (SL 2005-458) This bill repeals the sections that instruct the State Board of Education the power to develop an exit exam and develop content standards. The bill creates a new section that instructs the State Board of Education to develop content standards and exit standards. This new language reflects the current practices and policies. The bill also eliminates the authorization to administer a standardized test in May while a student is in second grade to be used as a baseline instead of administering a test at the beginning of third grade. Effective Date: October 2, 2005 Statutes: 115C-12(9a), (9b), (9c) and 115C-174.11
HB 1023 North Carolina State Lottery Act—(SL 2005-344) as amended by Section 31.1 of SB 622 (SL 2005-276) This bill establishes a state lottery. The net revenue of the lottery shall be deposited in the Education Lottery Fund. The Lottery Commission shall transfer 5% of the net revenue from the prior year to the Education Lottery Reserve fund, which shall be capped at $50 million. The remaining net revenue shall be distributed in the following manner: (1) 50% to reduce class size in the early grades with class size allotments not to exceed 1:18 and to support academic prekindergarten programs for at-risk four-year-olds. (2) 40% to the Public School Building Capital Fund. Of these finds, 65% shall be distributed on an ADM basis and 35% shall be distributed to the counties on an ADM basis whose tax rate is above the state average using a three-year weighted average. Counties may use this money to pay for school construction projects or retire debt that was incurred on or after January 1, 2003. The money may not be used for school technology. (3) 10% to the State Educational Assistance Authority for college and university scholarships for students that meet certain criteria. The General Assembly shall appropriate the funds annually based upon estimates. If the revenue is less than the appropriation, the Governor may transfer money from the reserve fund to equal the appropriation. If the reserve fund is not sufficient to cover the full appropriation, the Governor shall transfer money in the following order: (1) Prekindergarten (2) Class size (3) Scholarships (4) School Construction If the net revenue exceeds the amount appropriated, it shall be transferred: (1) 50% for school construction 50% for scholarships
HB 1032—Placing Students in Seclusion. (SL 2005-205) This bill clarifies when the use of seclusion and restraint in public schools will be reasonable and permissible. The bill requires that teacher education programs and lateral entry programs include in their training the identification and education of students with disabilities and strategies for the positive management of student behavior. Local boards of education will be required to include a behavior management component in the professional development section of their safe school plans. Local boards of education are required to maintain records of incidents reported under 115C-391.1(j)(4). This bill amends G.S. 143-138(b), the North Carolina State Building Code, by requiring that no state, county, or local building code or regulation prohibit the use of special locking mechanisms for approved seclusion rooms in the public schools, provided that the special locking mechanisms meet certain criteria. Effective Date: July 1, 2006. Statutes Amended: G.S. 115C- 47, 115C-105.47(b)(9), 115C-296, 115C-391.1, 143-138(b)
HB 1034—Rockingham Co. Schools Elections. (SL 2005-307) This bill provides that effective December 2006 until December 2008, the Rockingham County Consolidated Board of Education will consist of thirteen members, five elected at large and eight from single-member districts, and that effective December 2008 the Board will be reduced to eleven members, five elected at large and six elected from single-member districts. It establishes single-member district boundaries and provides for four-year terms. It amends Section 2 of SL 1993-15 of the 1993 Session Laws to require that newly elected members take office on the first Monday in December following their election. It also provides that if there is a vacancy on the board, the county commissioners appoint someone to fill the vacancy based upon nominations by the board of education. Effective Date: August 23, 2005
HB 1055—Jones School Board Vacancies. (SL 2005-107) This bill provides that the procedure for filling a vacancy in the Board of Education of Jones County is the same as the current procedure for filling a vacancy on the Board of Commissioners of Jones County. Effective Date: 6/22/2005
HB 1076—Alt. Learning Prog/Sch Proposals. (SL 2005-446) This bill directs the State Board of Education to adopt standards for alternative learning programs, and to require local boards of education to develop proposals that are submitted to the State Board of Education before establishing any alternative learning program or alternative school. This bill amends GS 115C-12(24) (which now directs the State Board of Education to adopt “guidelines” regarding alternative learning programs) to direct the State Board to adopt “standards” for those programs. It enacts new GS 115C-105.47A requiring that before establishing an alternative learning program a local board of education must develop and submit to the State Board a proposal outlining goals and strategies for improving student achievement and behavior, considering similar experiences in other school systems, costs, and documented support school personnel and the community. The State Board may offer recommendations for modifications. The local board is to consider those education recommendations before implementing the alternative program. It amends GS 115C-47 to provide that the State Board standards apply to new alternative programs implemented beginning with the 2006-07 school year. It contains a specific provision regarding review of a New Hanover County program. The SBE shall also report to Education Oversight on the implementation of the act by April 15, 2006. Effective Date: September 29, 2005 Statute: 115C-12, 115C-105.47A, 115C-47
HB 1310—Testing Requirements/Teacher Educ. Students. (SL 2005-419) This bill requires the State Board of Education to allow students to use either their SAT score, as an alternative to Praxis I scores, to qualify for admission to an approved teacher education program in a North Carolina college or university. The State Board of Education shall set combined minimum score between 900 and 1200 on the verbal and mathematics portions of the SAT. Effective Date: August 23, 2005 Statutes: 115C-296
HB 1332—Electronic Purchases and Sales. (SL 2005-227) 143-129 (Procedure for letting of public contracts – bidding required) the delegation of purchases of apparatus, supplies, materials or equipment is expanded be yond the manager and chief purchasing official to include school superintendent and other designated employee. The bill also allows the notice requirements under 143-129 to be by electronic means in addition to, or instead of, the newspaper notice. Increases the dollar amount from $5,000 to $30,000 for when informal bidding must be used under 143-131. It also adds local school administrative unit to the list of entities. Effective Date: July 27, 2005
HB 1400—School Bus Safety Act. (SL 2005-204) This bill increases the penalty for passing a stopped school bus from a Class 2 misdemeanor to a Class 1 misdemeanor. Any person who violates this and willfully strikes any person causing serious bodily injury is guilty of a Class I felony. The requirement that the words “school bus” must be at least 8 inches is eliminated. Effective Date: Applies to offenses committed on or after September 1, 2005.
HB 1414—Help Teacher Assistants Become Teachers. (SL 2005-302) This bill requires the SBE to adopt a program to facilitate teacher assistants becoming teachers. Participation in this program is limited to those enrolled in an approved teacher education program in a North Carolina institution of higher education; and employed in a North Carolina public school. At the discretion of the local school administrative unit, teacher assistants may continue to receive their salary and benefits while student teaching in the same local school administrative unit where they are employed as a teacher assistant. Effective Date: August 22, 2005 and beginning with the 2005-06 academic year. Statutes: 115C-31D
HB 1491—Insurance for Social Workers. (SL 2005-355) This bill allows local boards to require a school social worker to transport students so long as this requirement is part of a written job description or local board policy. The bill would also allow a local board to insure the liability of this social worker for carrying out these duties or require this social worker to increase the liability limits or add a business use rider, or both, on the employee’s personal automobile liability insurance policy. If the board requires the employee to get the additional insurance coverage, the board must reimburse the employee for any additional premium charged as a result, up to a maximum limit. Effective Date: Statutes: 115-317.1
HB 1507—Amend Interpreter/Transliterator License Act. (SL 2005-299) This bill amends certain laws under the North Carolina Interpreter and Transliterator Licensure Act, to expand the group of persons who may obtain a provisional license under the act, and to authorize the North Carolina Interpreter and Transliterator Licensing Board to assess civil penalties. It exempts from licensing requirements nationally certified interpreters or transliterators that provide services in North Carolina for no more than 20 days a year. It deletes the provision in GS 90D-8 authorizing the issuance of a provisional license to persons holding certain course certificates. It enacts new GS 90D-8(a1) to authorize the Board to issue a provisional license to persons who have satisfied the listed criteria. Effective Date: August 22, 2005
HB 1630—2005 Continuing Budget Authority/Revenue. (SL 2005-144) This bill authorizes the Director of the Budget to continue expenditures for the operation of government at the level in effect on June 30, 2005 (Section 1). Vacant positions subject or proposed budget reductions in either the Senate or House versions of the budget bill shall not be filled (Section 1). Specifically states that teachers and other school employees paid on a salary schedule are not authorized to move up a step (Section3). If either budget bill states that funds do not revert than they do not revert (Section 5). It extends the sunset on retired classroom teachers returning to work until June 30, 2007 (Section 7-A). The state estate tax conforms to the federal estate tax sunset (Section 8). The additional one-half cent state sales and use tax is extended from July 1, 2005, until the 2005 Appropriations Act becomes law or the end of the calendar year, whichever is first (Section 9). Effective Date: Sections 1-7 are effective 7/1/2005 and sunset 7/20/2005. Sections 8 and 9 become effective 6/30/2005.
HB 1631—Extend Continuing Budget Authority. (SL 2005-201) This is an act authorizing the director of the budget to continue expenditures for operation of government at the level in effect on June 30, 2005; appropriating funds for increases in the average daily membership in the public schools and in university and community college enrollment. The bill amends SL 2005-144 to extend until August 5, 2005, the expiration of the continuing budget authority provisions. Makes the following appropriations from the General Fund for the 2005-06 fiscal year: $125 million to the Department of Public Instruction to fully fund increases in public school enrollment. Effective Date: July 19, 2005, except as otherwise provided
SB 82—Election Contests. (SL 2005-3) This bill provides procedures for resolving election contests for member of the General Assembly and Council of State and establishes standards for election contest proceedings and appeals process. Effective Date: 3/14/2005
SB 133—Reconfirming Provisional Voting. (SL 2005-2) This bill is designed to restate and reconfirm the intent of the General Assembly with regard to provisional voting in 2004 and to seek the recommendations of the State Board of Elections on future administration of out-of-precinct provisional voting. It clarifies the provisional voter/voting process. Effective Date: 3/2/2005, and applies to all elections held after 1/1/2004
SB 191—Continue Budget Authority. (SL 2005-246) This is an act authorizing the director of the budget to continue expenditures for the operation of government until August 11, 2005, at the level in effect on June 30, 2005. Effective Date: August 4, 2005
SB 289—Chatham School Elections. (SL 2005-309) This bill changes the elections of the Chatham County Board of Education from the primary to the general election. Effective Date: August 24, 2005
SB 368—Franklin School Elections Nonpartisan. (SL 2005-80) This bill changes the manner of elections of the Franklin County Board of Education from partisan to nonpartisan. It requires that that the election results and any runoff will be governed by the city statute (G.S. 163-293). Effective Date: 6/13/2005
SB 408—Study Ways to Reduce Dropout Rate. (SL 2005-271) This bill directs the State Board of Education to identify research-based methods to reduce the dropout rate. It also makes the bill’s study applicable to ways to reduce the number of suspended students as well as to ways to reduce the dropout rate. The Board must report findings to the Joint Legislative Education Oversight Committee by January, 2006. Effective Date: August 16, 2005
SB 462—Charlotte Speed Camera Sunset Extended. (CH. SL 2005-27) This bill extends the sunset of the authorization for the City of Charlotte to use photographic speed-measuring during a pilot program in designated corridors to September 30, 2007. Effective Date: 5/9/2005
SB 566—Facilitate Comm. Coll. Learn & Earn Prog. (SL 2005-193) This bill amends GS 115D-5(b) to extend community college tuition waiver to students in early college and middle college high school programs. Effective Date: July 1 ,2005 but did not become law until ?
SB 630—Residential Schools Like Other Public Schools. (SL 2005-195) This bill modifies the statutes governing residential schools to make their accountability system and their school improvement plans like those of other public schools.
Effective Date: 7/1/2005 but was not ratified until 7/7/2005.
SB 821—Permissible School Bus Routes Modified. (SL 2005-151) This bill permits the routing of school buses on municipal streets and other streets with publicly dedicated right of ways. Previously, buses were only allowed on state maintained highways. The local boards of education are not responsible for damage to the roadways where school buses are routed. Effective Date: 7/1/2005 Statute: 115C-246(b)
SB 856—Access to Public Trial Preparation Records. (SL 2005-332) This bill amends the public records law to clarify that trial preparation material is not subject to public access until after the trial to which the material is associated is completed, if suit is filed, or then after the applicable statute of limitations has expired, if suit is not filed. The bill also set out a judicial procedure for determining whether or not a public record is trial preparation material. The bill also amends the statute governing the award of attorneys’ fees in public records suits. Prior to the passage of this bill, attorneys’ fees were awarded to either prevailing party at the discretion of the courts. It is now required that attorneys’ fees be awarded to the prevailing party. Effective Date: October 1, 2005 Statute132-1.9 and 132.9
SB 961—Child Nutrition Standards. (SL 2005-253) This bill establishes a statewide standard for vending products sold during the school day. Requires schools to implement the following restrictions on beverage and snack vending in schools:
In addition, the bill requires that effective with the 2006-07 school year, no snack vending can be available to students in elementary schools and seventy‑five percent (75%) of snack vending products available to students in middle schools and high schools can have no more than 200 calories per portion or per snack vending package. The legislation becomes effective August 1, 2005, and applies to contracts for vending services executed or renewed on and after that date. Effective Date: August 1, 2005 Statute: 115C-264 and 115C-264.2
SB 1029—Clarify/Enhance Domestic Vio. & Tenancy Laws. (SL 2005-423) This bill clarifies and enhances the laws relating to domestic violence and enacts laws regarding domestic violence victims and tenancy. Section 1, 50B-3© authorizes the sheriff, if a defendant is ordered to stay away from a child’s school, to deliver order to the school’s principal or to the assistant principal or principal’s designee in principal’s absence. Amendments to GS 50B-3 are effective for orders entered on or after October 1, 2005.
SB 1117—2005 Military Support Act. (SL 2005-445) This bill enacts the 2005 soldier, sailor, marine, and guardsmen support act. Section (5) requires that the Department of Public Instruction (DPI) appoint a liaison to the military bases in North Carolina to facilitate communication between DPI and military families and maintain membership in the Military Child Education Coalition. Section (6) requires that the State Board of Education review transfer credit policies to ensure that students, especially children of Armed Forces members, receive credit for courses taken outside North Carolina, and report review results and policy modifications to the Joint Legislative Education Oversight Committee by December 15, 2005.
SB 1124—Breach Confid. Files/School Bd. Employees. (SL 2005-321) This bill imposes a penalty for breaching the confidentiality of school employee personnel files. It enacts new GS 115C-321(c) and (d) to make it a Class 3 misdemeanor or a public employee to knowingly, willfully, and with malice give an individual access to the personnel file of a local school board employee or for a person to knowingly and willfully examine or obtain copies of that file, except as specifically authorized by section. It provides that violation is punishable only by a fine of up to $500. Effective Date: Applies to offenses committed on or after December 1, 2005 Statute: 115C-321
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