GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 1
SENATE BILL 374
Short Title: NC Public Schools Budget Flexibility Act. |
(Public) |
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Sponsors: |
Senators Tillman, Barringer, Wade (Primary Sponsors); Apodaca, Barefoot, Cook, Hise, Newton, Rabin, and Soucek. |
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Referred to: |
Education/Higher Education. |
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March 20, 2013
A BILL TO BE ENTITLED
AN ACT to enact the north carolina public schools budget flexibility act.
The General Assembly of North Carolina enacts:
Part I. title
SECTION 1.1. This act shall be known as the "North Carolina Public Schools Budget Flexibility Act of 2013."
part ii. budget flexibility
additional authority to transfer funds
SECTION 2.1. G.S. 115C-105.25 reads as rewritten:
"§ 115C-105.25. Budget flexibility.
(a) Consistent with improving student performance, a local board shall provide maximum flexibility to schools in the use of funds to enable the schools to accomplish their goals.
(b) Subject to the following limitations, local boards of education may transfer and may approve transfers of funds between funding allotment categories:
(1) In
accordance with a school improvement plan accepted under G.S. 115C-105.27,
State funds allocated for teacher assistants may be transferred only for
personnel (i) to serve students only in kindergarten through third grade, or
(ii) to serve students primarily in kindergarten through third grade when the
personnel are assigned to an elementary school to serve the whole school. Funds
allocated for teacher assistants may be transferred to reduce class size or to
reduce the student-teacher ratio in kindergarten through third grade so long as
the affected teacher assistant positions are not filled when the plan is
amended or approved by the building-level staff entitled to vote on the plan or
the affected teacher assistant positions are not expected to be filled on the
date the plan is to be implemented. Any State funds appropriated for teacher
assistants that were converted to certificated teachers before July 1, 1995, in
accordance with Section 1 of Chapter 986 of the 1991 Session Laws, as rewritten
by Chapter 103 of the 1993 Session Laws, may continue to be used for
certificated teachers.
(1a) Funds for children with disabilities, career and technical education, and other purposes may be transferred only as permitted by federal law and the conditions of federal grants.
(2) In
accordance with a school improvement plan accepted under G.S. 115C-105.27,
(i) State funds allocated for classroom materials/instructional supplies/equipment
may be transferred only for the purchase of textbooks; (ii) State funds
allocated for textbooks may be transferred only for the purchase of
instructional supplies, instructional equipment, or other classroom materials;
and (iii) State funds allocated for noninstructional support personnel may be
transferred only for teacher positions.
(2a) Up to three
percent (3%) of State funds allocated for noninstructional support personnel
may be transferred for staff development.
(3) No funds shall be transferred into the central office administration allotment category.
(4) Funds
allocated for children with disabilities, for students with limited English
proficiency, and for driver's education shall not be transferred.
(5) Funds
allocated for classroom teachers may be transferred only for teachers of
exceptional children, for teachers of at-risk students, and for authorized
purposes under the textbooks allotment category and the classroom
materials/instructional supplies/equipment allotment category.
(5a) Positions
allocated for classroom teachers may be converted to dollar equivalents to
contract for visiting international exchange teachers. These positions shall be
converted at the statewide average salary for classroom teachers, including
benefits. The converted funds shall be used only to cover the costs associated
with bringing visiting international exchange teachers to the local school
administrative unit through a State-approved visiting international exchange
teacher program and supporting the visiting exchange teachers.
(6) Funds
allocated for vocational education may be transferred only in accordance with
any rules that the State Board of Education considers appropriate to ensure
compliance with federal regulations.
(7) Funds
allocated for career development shall be used in accordance with Section 17.3
of Chapter 324 of the 1995 Session Laws.
(8) Funds
allocated for academically or intellectually gifted students may be used only
(i) for academically or intellectually gifted students; (ii) to implement the
plan developed under G.S. 115C-150.7; or (iii) in accordance with an
accepted school improvement plan, for any purpose so long as that school
demonstrates it is providing appropriate services to academically or
intellectually gifted students assigned to that school in accordance with the
local plan developed under G.S. 115C-150.7.
(9) Funds
allocated in the Alternative Schools/At-Risk Student allotment shall be spent
only for alternative learning programs, at-risk students, and school safety
programs.
(10) Funds to carry out the elements of the Excellent Public Schools Act, which are contained in Sections 7A.1 and 7A.6 of S.L. 2012-145, shall not be transferred."
local flexibility regarding class size
SECTION 2.2.(a) G.S. 115C-301 reads as rewritten:
"§ 115C-301. Allocation of teachers; class size.
(a) Request for Funds. - The State Board of Education, based upon the reports of local boards of education and such other information as the State Board may require from local boards, shall determine for each local school administrative unit the number of teachers and other instructional personnel to be included in the State budget request.
(b) Allocation of Positions. - The State Board of Education is authorized to adopt rules to allot instructional personnel and teachers, within funds appropriated.
(c) Maximum Class
Size. - Local school administrative units shall have the maximum flexibility
to use allotted teacher positions to maximize student achievement.The
average class size for each grade span in a local school administrative unit
shall at no time exceed the funded allotment ratio of teachers to students. At
the end of the second school month and for the remainder of the school year,
the size of an individual class shall not exceed the allotment ratio by more
than three students. At no time may the General Assembly appropriate funds for
higher unit-wide class averages than those for which State funds were provided
during the 1984-85 school year.
(d) Maximum
Teaching Load. - Students shall be assigned to classes so that from the 15th
day of the school year through the end of the school year the number of
students for whom teachers in grades 7 through 12 are assigned teaching
responsibilities during the course of the day is no more than 150 students,
except as provided in subsection (g) of this section.
(e) Alternative
Maximum Class Sizes. - The State Board of Education, in its discretion, may set
higher maximum class sizes and daily teaching loads for classes in music,
physical education, and other similar subjects, so long as the effectiveness of
the instructional programs in those areas is not thereby impaired.
(f) Second
Month Reports. - At the end of the second month of each school year, each local
board of education, through the superintendent, shall file a report for each
school within the school unit with the State Board of Education. The report
shall be filed in a format prescribed by the State Board of Education and shall
include the organization for each school, the duties of each teacher, the size
of each class, the teaching load of each teacher, and such other information as
the State Board may require. As of February 1 each year, local boards of
education, through the superintendent, shall report all exceptions to
individual class size and daily teaching load maximums significant
increases in class size that occur at that time.
(g) Waivers and Allotment
Adjustments. - Local boards of education shall report exceptions to the
State Board of Education as provided in G.S. 115C-47(10), and shall
request may request allotment adjustments or waivers from the
standards set out above. for significant increases in class size. Within
45 days of receipt of reports, requests, the State Board of
Education, within funds available, may allot additional positions or grant
waivers for the excess class size or daily load.if a significant
increase in class size resulted from exceptional circumstances, emergencies,
acts of God, large changes in student population, organizational problems
caused by remote geographic location, or classes organized for a solitary
curricular area, and the local board cannot organizationally correct the
exception.
(1) If the
exception resulted from (i) exceptional circumstances, emergencies, or acts of
God, (ii) large changes in student population, (iii) organizational problems
caused by remote geographic location, or (iv) classes organized for a solitary
curricular area, and
(2) If the
local board cannot organizationally correct the exception.
(h) State Board
Rules. - The State Board of Education shall adopt rules necessary for the
implementation of class size and teaching load provisions.this
section.
(i) Penalty
for Noncompliance. - If the State Board of Education determines that a local
superintendent has willfully failed to comply with the requirements of this
section, no State funds shall be allocated to pay the superintendent's salary
for the period of time the superintendent is in noncompliance."
SECTION 2.2.(b) G.S. 115C-47(10) reads as rewritten:
"§ 115C-47. Powers and duties generally.
In addition to the powers and duties designated in G.S. 115C-36, local boards of education shall have the power or duty:
…
(10) To Assure Appropriate Class
Size. - It shall be the responsibility of local boards of education to assure
that the teacher positions allotted by the State are used to maximize
student achievement.class size and teaching load requirements set forth
in G.S. 115C-301 are met. Any teacher who believes that the requirements
of G.S. 115C-301 have not been met shall make a report to the principal
and superintendent, and the superintendent shall immediately determine whether
the requirements have in fact not been met. If the superintendent determines
the requirements have not been met, he shall make a report to the next local
board of education meeting. The local board of education shall take action to
meet the requirements of the statute. If the local board cannot
organizationally correct the exception and if any of the conditions set out in
G.S. 115C-301(g)(1) exist, it shall immediately apply to the State Board
of Education for additional personnel or a waiver of the class size
requirements, as provided in G.S. 115C-301(g).
Upon notification from the State Board of Education that the reported
exception does not qualify for an allotment adjustment or a waiver under
provisions of G.S. 115C-301, the local board, within 30 days, shall take
action necessary to correct the exception.
At the end of the second month of each school year, the local board of
education, through the superintendent, shall file a report with the State Board
of Education, in a format prescribed by the State Board of Education,
describing the organization of each school, the duties of each teacher, the
size of each class, and the teaching load of each teacher. As of February 1
each year, local boards of education, through the superintendent, shall report
all exceptions to individual class size and daily teaching load maximums that
exist at that time.
In addition to assuring that the requirements of G.S. 115C-301 are met,
addition, each local board of education shall also have the duty to
provide an adequate number of classrooms to meet the requirements of that
statute.classrooms."
SECTION 2.2.(c) G.S. 115C-276(k) reads as rewritten:
"(k) To Submit
Organization Reports and Other Information to the State Board. - Each year the
superintendent of each local school administrative unit shall submit to the
State Board of Education statistical reports, certified by the chairman of the
board of education, showing the organization of the schools in his unit and any
additional information the State Board may require. At the end of the second
month of school each year, local boards of education, through the
superintendent, shall report school organization, employees' duties, class
sizes, and teaching loads to the State Board of Education as provided in
G.S. 115C-47(10). Education. As of February 1 each year, local
boards of education, through the superintendent, shall report all exceptions
to individual class size and daily teaching load maximums significant
increases in class size that occur at that time."
part iii. transparency of reporting on expenditures
SECTION 3.1. G.S. 115C-105.25 is amended by adding a new subsection to read:
"(c) To ensure that parents, educators, and the general public are informed on how State funds have been used to address local educational priorities, each local school administrative unit shall publish the following information on its Web site by August 1 of each year:
(1) A description of each program report code, written in plain English, and a summary of the prior fiscal year's expenditure of State funds within each program report code.
(2) A description of each object code within a program report code, written in plain English, and a summary of the prior fiscal year's expenditure of State funds for each object code.
(3) A description of each allotment transfer that increased or decreased the initial allotment amount by more than five percent (5%) and the educational priorities that necessitated the transfer."
part iv. effective date
SECTION 4.1. This act becomes effective July 1, 2013.