reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter E - STUDENTS › Section .0200 - INTERSCHOLASTIC ATHLETICS › Section 06E .0208 - AMATEUR RULES FOR INTERSCHOLASTIC ATHLETICS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As used in
				  this Rule, the phrase "name, image, or likeness" or "NIL" shall refer to the
				  use of a student's name, image, or likeness for commercial purposes and in
				  exchange for compensation to the student. Compensation may include cash,
				  in-kind gifts, or other tangible benefits to the student.
(b) No student participating in
				  interscholastic athletics shall enter into any agreement to use the student's
				  name, image, or likeness in any of the following ways:
(1) Public appearances or
				  commercials.
(2) Autograph
				  signings.
(3) Athletic camps and
				  clinics.
(4) Sale of non-fungible
				  tokens ("NFTs").
(5) Product or
				  service endorsements.
(6)
				  Promotional activities, including in-person events and social media
				  advertisements.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter E - STUDENTS › Section .0200 - INTERSCHOLASTIC ATHLETICS › Section 06E .0209 - PENALTY RULES FOR INTERSCHOLASTIC ATHLETICS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A PSU shall
				  impose at least the following penalties on a student, coach, or school official
				  in Grades 6 through 12 who is ejected from an interscholastic athletic contest:
(1) for the first offense, the person shall
				  be reprimanded and suspended from participating in the next game;
(2) for a second offense, the person shall be
				  placed on probation and suspended from participating in the next two
				  games;
(3) for a third offense, the
				  person shall be suspended from participation in interscholastic athletics for
				  one calendar year;
(4) a coach who
				  is suspended shall not coach any team for any grade level during the period of
				  suspension.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter E - STUDENTS › Section .0200 - INTERSCHOLASTIC ATHLETICS › Section 06E .0210 - LIMITATIONS ON RECRUITING AND UNDUE INFLUENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No student,
				  coach, professional educator, or other employee of a PSU or administering
				  organization shall subject a student to undue influence by any other student,
				  coach, principal, local superintendent, or other PSU employee for the purpose
				  of inducing or causing the student to transfer from one participating school to
				  another to participate in interscholastic athletics on behalf of the receiving
				  school.
(b) For purposes of this
				  Rule, "undue influence" means communication or conduct undertaken for the
				  purpose and intent of soliciting or encouraging a student to enroll in a
				  participating school, including the following:
(1) Initiating or arranging communication or
				  contact in any form, including letters, email, or phone calls, with the student
				  or a member of the student's family.
(2) Visiting or entertaining the student or a
				  member of the student's family.
(3)
				  Providing or arranging for transportation for the student or member of the
				  student's family to visit a participating school or meet with anyone associated
				  with the participating school.
(4)
				  Communicating to a student or a member of the student's family, either
				  implicitly or explicitly, that a participating school's athletic program or
				  sports team is superior to that of another participating school, or that it
				  would be advantageous for the student to participate in athletics at a specific
				  participating school. Such communication may be oral, written, or audiovisual
				  in format.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter E - STUDENTS › Section .0200 - INTERSCHOLASTIC ATHLETICS › Section 06E .0215 - APPEALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Superintendent of Public Instruction ("Superintendent") shall appoint an
				  independent interscholastic athletics appeals board ("appeals board") to hear
				  and act upon appeals from a final decision of an administering organization or
				  PSU, or from the Department of Public Instruction if necessary pursuant to Rule
				  .0204(g) of this Section, regarding student eligibility to participate in
				  interscholastic athletics; violations of limitations on recruiting or undue
				  influence; penalties or fees imposed on students, coaches, or participating
				  schools; or other enforcement of rules pursuant to this Section.
(b) The administering organization's final
				  decision shall contain:
(1) Findings of
				  fact.
(2) Conclusions of law,
				  including citation to and a copy of any rules related to the
				  decision.
(3) A description of any
				  penalties imposed.
(4) A statement
				  that the aggrieved party may file a notice of appeal within five days of
				  receipt of the administering organization's decision by sending the notice to
				  the Superintendent via electronic mail or the United States Postal
				  Service.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter E - STUDENTS › Section .0300 - DRIVER TRAINING › Section 06E .0301 - DRIVER TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In discharging
				  their duty to provide a course of training and instruction in the operation of
				  motor vehicles as set forth in
				  G.S.
				  115C-216, local boards of education shall
				  provide a program which meets the following standards and requirements:
(1) Principals shall enroll students who meet
				  the criteria established by
				  G.S.
				  20-88.1(a)(i), (iii) and
				  (iv);
(2) The program will be free of charge to
				  eligible students;
(3) Enrollees
				  must obtain either a temporary learner's permit or a restricted instruction
				  permit before they begin behind-the-wheel instruction.
(4) Classroom instruction will consist of at
				  least 30 clock hours of instruction. Beginning in school year 1992-93, students
				  may take and pass a proficiency examination developed or designated by the
				  Department of Public Instruction to waive the classroom instruction. Each
				  student must complete a minimum of 6 hours of behind-the-wheel
				  instruction.
(5) The program will
				  be reasonably available on a year-round basis to all eligible
				  persons.
(6) The local board of
				  education will determine class size restrictions, but may not allow instruction
				  in the car to less than two nor more than four students.
(7) The local board of education will
				  determine the amount of instruction per day for classroom or in-car instruction
				  or a combination of both.
(8) The
				  local board of education will issue a certificate to students who
				  satisfactorily complete the prescribed course.
(9) Driver education instructors must possess
				  a valid North Carolina driver's license and must have a driving record
				  acceptable to the local board of education. In addition, instructors hired for
				  driver education shall either:
(A) hold a
				  driver education certificate issued by the SBE; or
(B) have non-certified status according to
				  minimum standards established by Rule .0302 of this Section.
(10) The program shall not be
				  provided during the regular instructional day.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter E - STUDENTS › Section .0300 - DRIVER TRAINING › Section 06E .0302 - NON CERTIFIED INSTRUCTOR STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
To qualify for non-certified instructor status, a person
					 must, as a minimum:
(1) be at least 21
				  years of age and have graduated from high school or hold a high school
				  equivalency certificate;
(2) be of
				  good moral character;
(3) not have
				  had convictions of moving violations totaling seven or more points in the three
				  years preceding the date of application;
(4) have at least four years' experience as a
				  licensed operator of a motor vehicle;
(5) not have had a revocation or suspension
				  of his or her driver's license in the four years immediately preceding the date
				  of application; and
(6) have
				  completed the licensed instructor course offered through the community college
				  system and approved by the Department and the Division of Motor
				  Vehicles.
Filed as a Temporary
					 Adoption Eff. August 12, 1991 For a Period of 180 Days to Expire on February 7,
					 1992;
Authority
					 G.S.
					 20-88.1;
					 115C-216;
Eff. March
					 1, 1992.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter E - STUDENTS › Section .0300 - DRIVER TRAINING › Section 06E .0303 - DRIVER EDUCATION CONTRACTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Local
				  boards of education may enter into contracts with public or private entities or
				  individuals to provide a program of driver education for students.
(b) Contracts shall be awarded on a
				  competitive basis through requests for proposals to contract. Local boards of
				  education shall establish the process for soliciting proposals, the number of
				  proposals required, and the time and place for receiving and opening proposals.
				  In addition, local boards of education shall determine whether bid bonds or
				  performance bonds shall be required. Decisions to award contracts shall be
				  based on quality, safety, costs and such other reasonable factors as local
				  boards of education may establish.
(c) A contract may not be awarded to an
				  entity not licensed by the Division of Motor Vehicles as a commercial driving
				  school pursuant to
				  G.S.
				  20-322. A contract may be awarded to an
				  individual not licensed as a commercial driving school by the Division of Motor
				  Vehicles if he or she is certified by the SBE in driver education or hold
				  non-certified instructor status.
(d) All contracts shall specifically require
				  the contractor to adhere to the requirements of these Rules,
				  16 NCAC
				  06E .0301 -
				  06E .0303. In addition, all
				  contracts shall prescribe:
(1) the term of the
				  contract, which may not exceed one year;
(2) the procedure for renewal of the term of
				  the contract, if any, except that a contract may not be renewed for more than
				  two successive one-year terms;
(3)
				  the grounds for termination of the contract, including automatic termination in
				  the event of revocation of the license required by
				  G.S.
				  20-325;
(4) whether school facilities or vehicles are
				  to be leased or used by the contractor and, if so, the terms and conditions or
				  the lease;
(5) whether the
				  contractor will provide transportation home for students;
(6) the types of vehicles and equipment to be
				  provided by the contractor, if any; and
(7) such other terms and conditions,
				  including the purchase of insurance by the contractor, as the local board of
				  education may determine to be reasonable and appropriate.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter F - GENERAL PUBLIC RELATIONS › Section 06F .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Section:
(1) "Local matching funds" included in the
				community schools approved budget means that fiscal support which is derived
				from all local revenue sources, except that LEAs may not use fees charged to
				program participants or funds derived from charges for the use of facilities as
				revenue for this budget.
(2) "Local
				interagency advisory council" means a system-wide council comprised of
				community agency representatives. The council may also include representatives
				from local organizations, groups and institutions as deemed
				appropriate.
Authority
				  G.S.
				  115C-206;
Eff. July 1,
				  1986.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter F - GENERAL PUBLIC RELATIONS › Section 06F .0102 - LOCAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
LEAs which elect to apply for state community schools funds
				  and to develop a local program must:
(1) appoint a community schools advisory
				council;
(2) adopt policies, rules
				and plans for increased community involvement in public schools and their
				programs; and
(3) adopt policies,
				rules and plans for increased use of public school facilities by individuals,
				organizations and agencies.
Authority
				  G.S.
				  115C-206;
Eff. July 1,
				  1986.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter F - GENERAL PUBLIC RELATIONS › Section 06F .0103 - APPLICATION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
LEAs make application to participate on forms supplied by the
				  Department. The LEA must include in the application:
(1) plans for establishing and involving
				local community schools advisory councils;
(2) policies for increased community
				involvement including volunteers in public schools and increased community use
				of public school facilities;
(3)
				procedures by which the needs of the community and the existing resources
				available to meet them are assessed;
(4) the goals and objectives of the proposed
				program;
(5) the methods and
				techniques of cooperation, coordination and collaboration with other
				agencies;
(6) the plan for
				evaluating the program;
(7) a
				budget which shows state and local funds to be expended; and
(8) a program description to include:
(a) number of school sites to be
				used;
(b) age groups to be
				served;
(c) types of services to be
				offered; and
(d) administrative
				organization for implementation of the program.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter F - GENERAL PUBLIC RELATIONS › Section 06F .0104 - CRITERIA FOR REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The interagency
				advisory council on community schools reviews applications according to the
				following criteria:
(1) definite statement of
				goals and objectives specifically related to the purposes of the Community
				Schools Act;
(2) specific, clearly
				defined program plans which include:
(A) the
				recruitment, training and use of volunteers as stated in the act;
(B) the involvement of community schools
				advisory councils throughout the program's existence;
(C) the involvement of agencies in program
				planning and implementation so as to avoid duplicating or competing with
				programs offered by other agencies; and
(D) the maximum use of school facilities by
				individuals, groups, organizations, and agencies;
(3) a locally developed evaluation plan to
				measure the impact of the program; and
(4) the community schools program
				budget.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0100 - PRIVATE BUSINESS AND TRADE SCHOOLSAND CORRESPONDENCE SCHOOLS › Section 06G .0101-.0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 115C-570(c);
Eff. July 1, 1986;
Repealed Eff. March 1,
					 1993.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0200 - ACCREDITATION › Section 06G .0201 - EXPIRED - ACCREDITATION PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 115C-81; N.C. Constitution, Article IX, Sec.
					 5;
Eff. July 1, 1986;
Expired Eff. June 1, 2022
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0200 - ACCREDITATION › Section 06G .0202 - REPEALED - ACCREDITATION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 115C-81; N.C. Constitution, Article IX, Sec.
					 5;
Eff. July 1, 1986;
Amended Eff. September 1,
					 1990;
Repealed Eff. August 1,
					 1999.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0200 - ACCREDITATION › Section 06G .0203 - HIGH SCHOOL ACCREDITATION FRAMEWORK

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  High School Accreditation Framework is the process whereby public schools or
				  school districts undergo a quality assurance process that includes outside
				  review by the North Carolina Department of Public Instruction
				  (NCDPI).
(b) The process to request
				  an accreditation review and determine high school accreditation is as follows:
(1) The district superintendent shall make
				  the request in writing and submit it to the SBE;
(2) The NCDPI shall conduct the review using
				  three years of data;
(3) The NCDPI
				  shall provide findings to the SBE, and the SBE shall make a decision regarding
				  accreditation; and
(4) The LEA
				  shall be notified of the SBE decision.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0300 - SCHOOL BASED MANAGEMENT AND ACCOUNTABILITY PROGRAM › Section 06G .0301-.0302

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Rule Eff. November 7, 1989 for a period of 180 days to expire on May 6,
					 1990;
Authority
					 G.S.
					 115C-238.1;
					 115C-238.4;
Eff. May
					 1, 1990;
Amended Eff. July 1, 1994; March 1, 1993;
Repealed Eff. June 1, 1996.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0300 - SCHOOL BASED MANAGEMENT AND ACCOUNTABILITY PROGRAM › Section 06G .0303 - FLEXIBLE FUNDING

Current through Register Vol. 39, No. 2, July 15, 2024
The SBE shall not consider or grant waivers for:
(1) teacher assistants;
(2) matching state funds for federal
				  vocational education;
(3)
				  transportation;
(4) employee
				  benefits, including annual leave and longevity;
(5) Willie M.; and
(6) all federal funds.
Filed as a Temporary
					 Rule Eff. November 7, 1989 for a period of 180 days to expire on May 6,
					 1990;
Authority
					 G.S.
					 115C-238.1;
Eff. May 1,
					 1990;
Amended Eff. June 1, 1996.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0300 - SCHOOL BASED MANAGEMENT AND ACCOUNTABILITY PROGRAM › Section 06G .0304 - DISPUTE RESOLUTION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In the
				  event a local board of education does not accept a school's improvement plan
				  within 60 days after the school initially submitted the plan to the board, the
				  local board or the school may request the SBE to mediate the
				  disagreement.
(b) Either the
				  principal of the school or the local board of education may submit a request
				  for mediation to the Department, office of instructional and accountability
				  services.
(c) The request shall
				  summarize the dispute issues. Both the principal of the school and the chair of
				  the local board of education shall sign the request.
(d) The office of instructional and
				  accountability services shall review the request and shall inform the principal
				  of the school and the chair of the local board of education of the time and
				  place for the mediation.
(e) The
				  office of instructional and accountability services shall assign a mediator
				  from persons who have been selected as assistance team members pursuant to
				  G.S.
				  115C-105.31.
(f) The mediator shall assist the parties to
				  identify options for solving the disagreement.
(g) If the mediator determines that the
				  parties can reach an agreement, the mediator shall suggest language and shall
				  write the agreement. Each party involved shall agree on each part.
(h) Each party shall sign the agreement. The
				  agreement shall become a part of the school=s improvement plan. The school
				  shall then submit the improvement plan to the local board of education for its
				  approval.
Authority
					 G.S.
					 115C-12(9)c4;
Eff. November 1, 1997.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0300 - SCHOOL BASED MANAGEMENT AND ACCOUNTABILITY PROGRAM › Section 06G .0306 - IDENTIFICATION OF LOW- PERFORMING SCHOOLS

Current through Register Vol. 39, No. 2, July 15, 2024
The SBE shall identify a school as low-performing if its
					 expected growth composite score is less than zero and its composite performance
					 score is less than 50 percent.
Authority
					 G.S.
					 115C-12(9)c4;
Eff. January 2, 1998.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0300 - SCHOOL BASED MANAGEMENT AND ACCOUNTABILITY PROGRAM › Section 06G .0307 - ASSISTANCE TEAMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When performing
				  its duties under
				  G.S.
				  115C-105.38, each assistance team appointed
				  by the SBE shall act in an advisory capacity to local school personnel, local
				  school boards, and the SBE.
(b)
				  Local boards of education and local school employees shall cooperate with
				  assistance teams in the performance of their duties.
(c) Members of the assistance teams shall be
				  subject to all confidentiality requirements that apply to local school
				  employees.
(d) In the event of a
				  disagreement between the assistance team and the school improvement team, the
				  assistance team may request help from the central office and the local board of
				  education.
(e) In carrying out its
				  duty to evaluate employees, members of the assistance team shall:
(1) be familiar with and follow the
				  provisions of
				  G.S.
				  115C-326;
(2) use the appropriate form of the
				  performance evaluation for the category of personnel being evaluated, such as
				  teachers, support personnel, and administrators;
(3) share its evaluation and recommendations
				  with each employee and the employee's supervisor; and
(4) notify the SBE of the evaluations for an
				  employee who receives two consecutive evaluations by the assistance team that
				  include findings and recommendations regarding the employee's inadequate
				  performance.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0300 - SCHOOL BASED MANAGEMENT AND ACCOUNTABILITY PROGRAM › Section 06G .0308 - DUE PROCESS PROTECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) At any hearing
				  conducted by a panel of the SBE pursuant to the provisions of
				  G.S.
				  115C-325(q)(1), (q)(2), or
				  (q)(2a), the panel shall sit as an impartial
				  tribunal to receive evidence and to decide on the basis of that evidence
				  whether the principal, assistant principal, teacher, supervisor, or director,
				  hereafter referred to as "the employee," shall be dismissed. The assistance
				  team assigned to the school where the employee was assigned shall present the
				  case against the employee.
(b) Both
				  the employee and the assistance team shall have the right:
(1) to be represented by counsel at the
				  hearing;
(2) to subpoena witnesses
				  and documents;
(3) to examine and
				  cross-examine witnesses under oath; and
(4) to present relevant evidence using
				  witnesses and documents.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0300 - SCHOOL BASED MANAGEMENT AND ACCOUNTABILITY PROGRAM › Section 06G .0309 - SUSPENSION OF POWERS AND DUTIES OF SCHOOL BOARDS

Current through Register Vol. 39, No. 2, July 15, 2024
Before the SBE suspends any of the powers and duties of a
					 local board of education pursuant to the provisions of
					 G.S.
					 115C-39(b) and
					 115C-105.39(e),
					 the SBE shall provide written notice to the local board of the reasons for
					 which it is considering suspending those powers and duties. If the local board
					 fails to remedy the reasons presented to it by the SBE within 60 days after
					 receiving written notice, the SBE shall enter an order that incorporates the
					 reasons for suspending the powers and duties, the efforts that the local board
					 has made to remedy those reasons, and the period of time during which those
					 powers and duties shall be suspended. Within the first 45 days following the
					 SBE's notification to the local board, the SBE shall provide the local board an
					 opportunity to present a response in an attempt to reach
					 agreement.
Authority
					 G.S.
					 115C-12(9)c4;
Eff. November 1, 1997;
Amended Eff. August 1,
					 1999.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0300 - SCHOOL BASED MANAGEMENT AND ACCOUNTABILITY PROGRAM › Section 06G .0310 - REPEALED - ANNUAL PERFORMANCE STANDARDS, GRADES 9-12

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 115C-12(9)c4;
Eff. September 1, 1998;
Repealed Eff. December 1,
					 2000.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0300 - SCHOOL BASED MANAGEMENT AND ACCOUNTABILITY PROGRAM › Section 06G .0311 - EXPIRED - GENERAL KNOWLEDGE TEST FOR CERTIFIED STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 115C-105.38A;
Codifier of Rules
					 Objected to the Findings of Need for the Temporary Rule Eff. April 15,
					 1998;
Temporary Adoption Eff. April 24, 1998;
Temporary
					 Adoption Expired February 9, 1999;
Eff. August 1, 1999;
Expired Eff. June 1, 2022 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0300 - SCHOOL BASED MANAGEMENT AND ACCOUNTABILITY PROGRAM › Section 06G .0312-.0313 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 115C-12(9)c4.;
Eff. April 1, 2005;
Amended Eff. June 1, 2007; January 2,
					 2006;
Expired Eff. June 1, 2022 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0300 - SCHOOL BASED MANAGEMENT AND ACCOUNTABILITY PROGRAM › Section 06G .0315 - ACCOUNTABILITY ANNUAL PERFORMANCE STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  students enrolled in a public school unit (PSU) in grades 3 through 8 or in
				  high school courses in which an end-of-course (EOC) assessment is administered
				  shall participate in the State Annual Testing Program. PSUs shall report to the
				  North Carolina Department of Public Instruction (NCDPI) test results for:
(1) beginning of grade 3 reading
				  proficiency
(2) grades 3 through 8
				  end-of-grade (EOG) English language arts/reading and mathematics;
(3) grades 5 and 8 EOG science;
(4) grade 10 EOC English II;
(5) grade 11 EOC assessments in NC Math 1, NC
				  Math 3, and EOC Biology;
(6) grade
				  11 ACT; and
(7) grade 12 Career and
				  Technical Education Concentrators and WorkKeys.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0300 - SCHOOL BASED MANAGEMENT AND ACCOUNTABILITY PROGRAM › Section 06G .0316 - EXPIRED - PURPOSE AND COMPOSITION OF THE STATE BOARD OF EDUCATION'S COMPLIANCE COMMISSION FOR ACCOUNTABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 115C-105.35; Every Student Succeeds Act
					 (ESSA); N.C. Constitution, Article IX, Sec. 5;
Interim Rule status
					 conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec.
					 27.(b);
Emergency Adoption Eff. August 20, 2019;
Emergency Adoption Expired Eff. November 19,
					 2020.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0400 - LOW PERFORMING SCHOOL UNITS › Section 06G .0401-.0404

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 115C-64.5;
Eff. June 1,
					 1992;
Repealed Eff. November 1,
					 1997.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0501 - LIABILITY INSURANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each charter
				  school shall obtain and maintain liability insurance and fidelity bonding of
				  the types and amounts specified in the charter agreement.
(b) The provisions of this Rule shall not
				  preclude any charter school from obtaining liability insurance coverage in
				  addition to or in excess of the requirements of this Rule.
Authority
					 G.S.
					 115C-238.29F(c)(1);
Temporary Adoption Eff. November 14, 1997;
Eff. March 15,
					 1999;
Amended Eff. April 1, 2005.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0502 - CHARTER SCHOOL ADVISORY COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
The Charter School Advisory Committee referred to in
					 G.S.
					 115C-238.29l(d) shall
					 represent the following categories:
(1) charter school officials;
(2) public school employees;
(3) business and community leaders;
(4) local boards of education;
(5) the North Carolina Parents and Teachers
				  Association; and
(6) county
				  commissioners.
Authority
					 G.S.
					 115C-238.29G(b);
Eff. August 1, 2000;
Amended Eff. April 1,
					 2003.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0503 - EXPIRED - CHARTER SCHOOL ACCOUNTABILITY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 115C-83.15,
					 115C-83.16,
					 115C-105.20,
					 115C-218(a)(6),
					 115C-218.85(a)(3);
					 N.C. Constitution, Article IX, Sec. 5;
Interim Rule status
					 conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec.
					 27.(b);
Emergency Adoption Eff. August 20, 2019;
Emergency Adoption Expired Eff. November 19,
					 2020.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0504 - CHARTER SCHOOLS STUDENT ADMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
All charter schools admission procedures and policies shall
					 comply with
					 G.S.
					 115C-118.45. Open enrollment for a charter
					 school shall follow the mission statement and targeted population in the State
					 Board of Education approved application. The admissions period shall be no less
					 than 30 consecutive calendar days. If there are more applications than seats
					 available, the charter school shall determine a date, time, and location to
					 hold the lottery required by
					 G.S.
					 115C-218.45(h). The lottery
					 shall occur during an official meeting that shall be open to the public and
					 subject to Article 33C of Chapter 143 of the General
					 Statutes.
Authority
					 G.S.
					 115C-12;
					 115C-218.45;
Emergency Adoption Eff. August 20, 2019;
Eff. March 17,
					 2021.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0505 - CHARTER SCHOOLS FINANCIAL NONCOMPLIANCE - IMPACT OF FINANCIAL NONCOMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) There are three stages of financial
				  noncompliance under which a charter school may be placed: cautionary,
				  probationary, and disciplinary.
(b)
				  The presence of any one of the following financial conditions shall result in a
				  charter school being assigned a noncompliance status:
(1) if the charter school fails to report
				  financial, personnel or student data within 10 days of the required or
				  agreed-upon reporting date or does not submit accurate data ;
(2) if the charter school fails to respond to
				  a specific financial, personnel, or student information request for information
				  or data from the Department of Public Instruction by the required reporting
				  date;
(3) if the charter school
				  fails to submit the required audited financial statements to the North Carolina
				  Department of State Treasurer's Local Government Commission, as prescribed by
				  G.S.
				  115C-218.30 and
				  G.S.
				  115C-447.
(4) if the charter school shows signs of
				  financial insolvency or weakness, including a decline in student membership
				  based on evaluation of financial statements by an accountant;
(5) if the Office of State Treasurer receives
				  a "non-sufficient funds (NSF)" notification during the course of cash
				  certification processing;
(6) if
				  the charter school receives a material audit finding in its annual independent
				  financial statement audit which indicates a violation of State law, a violation
				  of any of the conditions or procedures set forth in its Charter, a failure to
				  meet generally accepted accounting practices and principles, including sound
				  fiscal management in accordance with
				  G.S.
				  115C-218.95 and remains unresolved;
				  or
(7) if the charter school's
				  staff fails to attend required financial training.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0506 - CHARTER SCHOOLS GOVERNANCE NONCOMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  There are three stages of Governance Noncompliance: Governance Cautionary
				  Status, Governance Probationary Status, and Governance Disciplinary Status. The
				  State Board of Education shall place a charter school within a governance
				  non-compliance status based on substantial evidence of any one of the following
				  governance warning conditions. The status imposed shall be based on the degree
				  to which the non-compliance reflects the charter school board's neglect of its
				  corporate obligations.
(1) Failure of the
				  board to conduct meetings in accordance with schedule in the bylaws or the
				  approved charter application and failure to adopt and follow policies regarding
				  the operation of the charter school including Personnel, Disciplinary, and
				  Parental Grievance policies.
(2)
				  Failure to show progress towards the educational and organizational goals
				  described in the approved charter school application.
(3) Failure to maintain minimum student
				  enrollment stated in the charter application or approved waiver to operate
				  under the minimum of 80 students.
(4) Bylaws violations including, failure to
				  follow the Open Meetings Law, failure to maintain Public Records, failure to
				  implement a Conflict of Interest Policy, failure to adhere to rules of
				  Parliamentary Procedure.
(5)
				  Charter Agreement violations including, failure to follow State or federal
				  laws, failure to meet the health and safety standards required in
				  G.S.
				  115C-218.75, failure to make adequate
				  academic progress as described in the charter application, failure to comply
				  with State testing and accountability statutes and rules in this Chapter, and
				  failure to supply all reports and documentation as requested by the Office of
				  Charter Schools to ensure legal compliance with General Statutes, State Board
				  of Education rules in this Chapter, and the Charter Agreement.
(6) Failure to maintain certification of at
				  least 50 percent of teachers in all grades pursuant to
				  G.S.
				  115C-218.90 from December 31 of each year
				  through the end of the school calendar year.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0507 - CHARTER SCHOOLS RENEWAL PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To request
				  renewal of a charter, a charter school shall submit a Self-Study form. The
				  North Carolina State Board of Education shall review the Self-Study form and
				  other available information, including information obtained through public
				  records requests, when determining whether the charter school is meeting the
				  standards in
				  G.S.
				  115C-218.6, the academic goals and mission in
				  the approved charter application, and is operating in accordance with the
				  financial and governance standards in this Subchapter.
(b) The charter holder shall provide the
				  following information in the Self-Study on the form, available on the Office of
				  Charter School's website:
(1) school
				  name;
(2) school mailing
				  address;
(3) primary contact
				  person, including name, title, phone number, fax number, email address, and
				  dated signature;
(4) contact
				  information for the board of directors' chairperson, including name, term of
				  office, mailing address, phone number, fax number, email address, and dated
				  signature;
(5) a letter signed by
				  the Board Chairperson stating the charter holder's intent to seek charter
				  renewal;
(6) school mission
				  statement as stated in the original or amended charter application;
(7) if applicable, revised school mission
				  statement approved by the State Board of Education;
(8) a narrative statement not to exceed two
				  pages explaining how the school is fulfilling the State Board approved mission
				  statement;
(9) five goals the
				  charter holder has for the school during the next five years, including at
				  least one academic goal, one financial goal, and one operational
				  goal;
(10) the name of or a
				  description of the curriculum design currently used by the school;
(11) a summary of instructional methodology
				  or instructional techniques utilized used at the school;
(12) the names of evaluation instruments,
				  other than State-mandated tests, used to assess student performance, including
				  descriptions of those assessments; and
(13) a narrative statement explaining how the
				  school uses student data to improve student learning and to raise the academic
				  performance of all students.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0508 - CHARTER SCHOOLS APPLICATION AND REVIEW PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applicants
				  shall complete and submit the charter application at
https://www.dpi.nc.gov/students-families/alternative-choices/charter-schools/applications
and deliver the nonrefundable one thousand dollar ($1,000) fee to the Office of
				  Charter Schools no later than 5:00 p.m. on the last Friday in April. The fee
				  shall be in the form of a certified check or money order payable to NC DPI
				  Office of Charter Schools. Applicants may mail the certified check or money
				  order to the Office of Charter Schools, 6307 Mail Service Center Raleigh, NC
				  27699-6307; or deliver it to the Office of Charter Schools, Department of
				  Public Instruction, 301 N. Wilmington Street, Raleigh, NC. Applicants are
				  responsible for submitting applications and delivering fees to the Office of
				  Charter School by the deadline.
(b)
				  Applications and fees received after the deadline specified in Paragraph (a) of
				  this Rule will not be considered. The Office of Charter Schools shall send
				  written notice to the applicant and signatories of any statement required in
				  G.S.
				  115C-218.1(a) informing them
				  that the SBE will not consider the application because the applicant did not
				  submit the application or deliver the fee to the Office of Charter School by
				  the deadline.
(c) When determining
				  whether to award a charter, the SBE shall consider any factors relevant to the
				  applicant's academic, financial, and governance plans for the school, including
				  the extent to which the application:
(1)
				  reflects the applicant's commitment to the purposes of the charter school law
				  stated in
				  G.S.
				  115C-218(a);
(2) describes how the applicant will promote
				  the use of different and innovative teaching methods;
(3) reflects the applicant's understanding
				  of, research into, and planning for educational issues, particularly budgeting,
				  financing, and accounting issues;
(4) describes a board whose size, diversity,
				  and regional affiliations represent the community and are likely to promote
				  community support for the school;
(5) contains articles of incorporation and
				  by-laws;
(6) contains a budget that
				  reflects anticipated revenues and costs, including costs associated with
				  maintenance of the school facilities and projected growth;
(7) contains a plan for acquisition and
				  utilization of a facility consistent with the proposed budget and timeline for
				  opening school;
(8) describes a
				  five year marketing plan that promotes a diverse student population;
				  and
(9) describes other factors
				  that will promote the purposes of the Charter School Act,
				  G.S.
				  115C-218 et seq.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0509 - PLANNING YEAR FOR NEW PRELIMINARY CHARTER SCHOOLS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All nonprofit boards eligible to receive a charter for the first time shall
				  participate in a year-long planning program prior to the charter school's
				  opening for students. During this planning year, directors from nonprofit
				  boards holding charters shall attend meetings conducted by consultants from the
				  Office of Charter Schools regarding the following topics: school opening plans,
				  staff development, finance, governance, board training, marketing, statutes and
				  rules governing operation of the school, securing a school site, and hiring a
				  school administrator. Final approval of the charter shall be contingent upon
				  the nonprofit board attending the planning meetings, acquisition of a facility,
				  and commitments from parents or guardians to enroll students that comprise at
				  least 75 percent of the projected enrollment.
(b) The State Board of Education may
				  accelerate the mandatory planning year for a charter applicant that meets the
				  following requirements:
(1) agrees to
				  participate in the planning year while the charter application is being
				  reviewed without any guarantee of charter award; and
(2) demonstrates that there is a facility
				  identified by the applicant that is feasible for opening on an accelerated
				  schedule.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0510 - CHARTER AMENDMENTS FOR EXISTING PUBLIC CHARTER SCHOOLS - APPROVAL PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following constitute material charter
				  amendments that require the State Board of Education's ("SBE") approval prior
				  to implementation:
(1) Grade expansion beyond
				  increases contemplated in
				  G.S.
				  115C-218.8(3);
(2) Relocation outside a 5-mile radius or
				  outside of the Local Education Agency (LEA) identified in the
				  charter;
(3) Transferring the
				  charter to another non-profit entity;
(4) Altering the mission or targeted student
				  population;
(5) Employing or
				  terminating a management company;
(6) Change to the charter application with
				  respect to the National School Lunch program;
(7) Enrollment growth, consistent with
				  requirements in
				  G.S.
				  115C-218.7.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0511 - CHARTER AMENDMENTS FOR EXISTING PUBLIC CHARTER SCHOOLS - REQUIRED DOCUMENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A charter holder shall submit the
				  following documentation to the State Board of Education when it seeks to amend
				  its approved charter application:
(1) Board
				  meeting minutes reflecting the vote of the Board of Directors for the charter
				  school;
(2) A cover letter
				  explaining the request signed by the nonprofit board chair and lead
				  administrator of the charter school;
(3) A version of the charter application
				  showing proposed amendments as strikethroughs and underlines; and
(4) The proposed amended text to the charter
				  application without strikethroughs or underlines.