GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 19

Short Title:  No Social Promotions Permitted.	(Public)

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Sponsors: Senators Perdue; Albertson, Cooper, Hoyle, Kerr, Warren, and Wellons.

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Referred to:  Education/Higher Education.

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February 3, 1997

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THAT STUDENTS MASTER THE BASICS AT ONE GRADE LEVEL BEFORE THEY ARE PROMOTED TO THE NEXT GRADE LEVEL.
Whereas, some students in North Carolina receive social promotions; that is, they are promoted to the next grade level before they master the basics at their grade level; and
Whereas, a student who has not mastered the basics at one grade level is unlikely to succeed at the next grade level; and
Whereas, it is imperative that the promotion standards we set for our students are high enough to provide them with the skills and knowledge they need to be successful as citizens and in the workplace; and
Whereas, it is imperative that the promotion standards we set for our students are high enough to ensure that a high school diploma means that a student has the skills and knowledge we should expect of a high school graduate; and
Whereas, it is imperative that every North Carolina school identify students who are lagging behind these high standards and help them meet these standards along with their age-level peers; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  G.S. 115C-174.11 reads as rewritten:
"§ 115C-174.11.  Components of the testing program.
(a)	Assessment Instruments for Kindergarten, First, and Second Grades. – The State Board of Education shall adopt and provide to the local school administrative units developmentally appropriate individualized assessment instruments in reading, writing, and mathematics consistent with the Basic Education Program for the kindergarten, first, and second grades, rather than standardized tests. These instruments shall be used to assist teachers in determining student progress and improving classroom instruction.
Local school administrative units shall use these assessment instruments provided to them by the State Board for first and second grade students, and shall not use standardized tests.
(a1)	Student Performance Benchmarks for Grades Four and Eight.
(1)	The State Board of Education shall establish individual student performance benchmarks in reading, writing, and mathematics for students in grades four and eight.  These benchmarks shall be consistent with the grade-level student performance expectations outlined in the ABC's Plan, the standard course of study, and the recommendations of the North Carolina Education Standards and Accountability Commission and with the benchmarks established for grades four and eight by the National Assessment of Educational Progress (NAEP). The benchmarks shall include State test scores, a standardized student performance checklist, and other information the State Board of Education deems appropriate.
(2)	Students who do not successfully pass the student performance benchmarks at grades four and eight shall not be promoted.  Local boards of education shall provide these students with intensive, accelerated instructional support to assist them in meeting the benchmarks for their grade level.
(3)	The State Board of Education shall develop appropriate rules and  guidelines for providing technical assistance to local school administrative units to ensure compliance with this subsection.  These rules and guidelines shall:
a.	Identify for local boards of education the existing State and federal funds they can use to identify students who may not pass the student performance benchmarks and to provide services to students who may not or have not passed the benchmarks;
b.	Identify options for incorporating strategies for implementing this subsection into the local school improvement plans; and
c.	Advise local boards of education to commit the resources necessary to comply with this subsection.
(b)	Competency Testing Program.
(1)	The State Board of Education shall adopt tests or other measurement devices which may be used to assure that graduates of the public high schools and graduates of nonpublic schools supervised by the State Board of Education pursuant to the provisions of Part 1 of Article 39 of this Chapter possess the skills and knowledge necessary to function independently and successfully in assuming the responsibilities of citizenship.
(2)	The tests shall be administered annually to all tenth grade students in the public schools. Students who fail to attain the required minimum standard for graduation in the tenth grade shall be given remedial instruction and additional opportunities to take the test up to and including the last month of the twelfth grade. Students who fail to pass parts of the test shall be retested on only those parts they fail. Students in the tenth grade who are enrolled in special education programs or who have been officially designated as eligible for participation in such programs may be excluded from the testing programs.
(3)	The State Board of Education may develop and validate alternate means and standards for demonstrating minimum competence. These standards, which must be more difficult than the tests adopted pursuant to subdivision (1) of this subsection, may be passed by students in lieu of the testing requirement of subdivision (2) of this subsection.
(4)	Repealed by Session Laws 1996, Second Extra Session, c. 18, s. 18.14.
(c)	Annual Testing Program.
(1)	The State Board of Education shall adopt a system of annual testing for grades three through 12. These tests shall be designed to measure progress toward reading, communication skills, and mathematics for grades three through eight, and toward competencies designated by the State Board for grades nine through 12.
(2)	If the State Board of Education finds that additional testing in grades three through 12 is desirable to allow comparisons with national indicators of student achievement, that testing shall be conducted with the smallest size sample of students necessary to assure valid comparisons with other states."
Section 2.  Prior to June 1, 1998, the State Board of Education shall:
(1)	Establish student performance benchmarks for grades four and eight in accordance with G.S. 115C-174.11(a1), as enacted in Section 1 of this act;
(2)	Conduct research on and develop information on the best methods for providing accelerated learning for  students that are at risk of not passing the fourth and eighth grade benchmarks and provide this information to local school administrative units;
(3)	Identify current resources available and additional resources necessary to implement these best methods; and
(4)	Develop a comprehensive plan to assist local school administrative units in providing appropriate educational opportunities for students that are at risk of not passing the fourth and eighth grade benchmarks.
Section 3.  This act is effective when it becomes law.  Section 1 of this act applies to all school years beginning with the 1998-99 school year.