GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2015-46
HOUSE BILL 237
AN ACT to repeal personal education plans and MODIFY transition plans.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C‑105.41 reads as rewritten:
115C‑105.41. Students who have been placed at risk of academic
personal education plans; transition teams failure and transition
(a) In order to implement
Part 1A of Article 8 of this Chapter, local school administrative units shall
identify students who are at risk for academic failure and who are not successfully
progressing toward grade promotion and graduation, beginning in kindergarten.
Identification shall occur as early as can reasonably be done and can be based
on grades, observations, diagnostic and formative assessments, State
assessments, and other factors, including reading on grade level, that impact
student performance that teachers and administrators consider appropriate,
without having to await the results of end‑of‑grade or end‑of‑course
No later than the end of the first quarter, or after a teacher has
had up to nine weeks of instructional time with a student, a personal education
plan for academic improvement with focused intervention and performance
benchmarks shall be developed or updated for any student at risk of academic
failure who is not performing at least at grade level, as identified by the
State end‑of‑grade test and other factors noted above. Focused
instructional supports and services, reading interventions, and accelerated
activities should include evidence‑based practices that meet the needs of
students and may include coaching, mentoring, tutoring, summer school, Saturday
school, and extended days. Local school administrative units shall provide
these activities free of charge to students. Local school administrative units
shall also provide transportation free of charge to all students for whom
transportation is necessary for participation in these activities. Local school administrative
units shall give notice of the personal education plan and a copy of the
personal education plan to the student's parent or guardian. Parents should be
included in the implementation and ongoing review of personal education plans.
If a student's school report card provides all the information required in a
personal education plan, then no further personal education plan is mandated
for the student. No cause of action for monetary
damages shall arise from the failure to provide or implement a personal
education plan under this section.
(b) Local boards of education shall adopt
implement policies that direct school improvement teams to develop plans
to include successful transition between elementary and middle school years and
between the middle school and high school years for the creation of
transition teams and transition plans for students at risk, as defined by
the State Board of Education, Education. to assist them in
making a successful transition between the elementary school and middle school
years and between the middle school and high school years."
SECTION 2. G.S. 115C‑83.7(c) reads as rewritten:
"(c) The superintendent shall determine whether a student may be exempt from mandatory retention on the basis of a good cause exemption. The following steps shall be taken in making the determination:
(1) The teacher of a student
eligible for a good cause exemption shall submit documentation of the relevant
exemption and evidence that promotion of the student is appropriate based on
the student's academic record to the principal. Such evidence shall be limited
to the student's
personal education plan, individual education program,
if applicable, alternative assessment, or student reading portfolio.
(2) The principal shall review the documentation and make an initial determination whether the student should be promoted. If the principal determines the student should be promoted, the principal shall make a written recommendation of promotion to the superintendent for final determination. The superintendent's acceptance or rejection of the recommendation shall be in writing."
SECTION 3. G.S. 115C‑83.9(a) reads as rewritten:
"(a) Parents or
guardians shall be notified in writing, and in a timely manner, that the
student shall be retained, unless he or she is exempt from mandatory retention
for good cause, if the student is not demonstrating reading proficiency by the
end of third grade. Parents or guardians shall receive this notice when a
kindergarten, first, second, or third grade student (i) is demonstrating
difficulty with reading development; or (ii) is not reading at grade
or (iii) has a personal education plan under G.S. 115C‑105.41.level."
SECTION 3.5. The State Board of Education shall report to the Joint Legislative Education Oversight Committee by November 15, 2016, on how at risk students are identified and being served through interventions to prevent academic failure.
SECTION 4. This act is effective when it becomes law and applies beginning with the 2015‑2016 school year.
In the General Assembly read three times and ratified this the 26th day of May, 2015.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Pat McCrory
Approved 10:30 a.m. this 2nd day of June, 2015