GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 1205
     

 
Short Title:	Local Flexibility Regarding Class Size.	()	
Sponsors:	Representatives Shubert;  Harrington, Morris, Capps, and Davis.	
Referred to:	Education.	
April 12, 2001

A BILL TO BE ENTITLED
AN ACT to give local boards of education flexibility with regard to usING state-funded teacher positions.

The General Assembly of North Carolina enacts:
SECTION 1.  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 each local board of education to use State-funded teacher positions as it deems appropriate to meet its local needs and priorities.		
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. 
In addition to assuring that the requirements of G.S. 115C‑301 are met, each local board of education shall also have the duty to provide an adequate number of classrooms to meet the requirements of that statute.
…."
SECTION 2.  G.S. 115C‑81(b)(8) reads as rewritten:
"(b)	The Basic Education Program shall include course requirements and descriptions similar in format to materials previously contained in the standard course of study and it shall provide:
…
(8)	Class size recommendations;
….
The State Board shall not adopt or enforce any rule that requires Algebra I as a graduation standard or as a requirement for a high school diploma for any student whose individualized education program (i) identifies the student as learning disabled in the area of mathematics and (ii) states that this learning disability will prevent the student from mastering Algebra I."
SECTION 3.  G.S. 115C‑105.25(b)(1) reads as rewritten:
"(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.
…."
SECTION 4.  G.S. 105.26(b) reads as rewritten:
"(b)	When requested as part of a school improvement plan, the State Board of Education may grant waivers of:
(1)	State laws pertaining to teacher certification and the duty‑free period for classroom teachers under G.S. 115C‑301.1; and
(2)	State rules and policies, except those pertaining to public school State salary schedules and employee benefits for school employees, the instructional program that must be offered under the Basic Education Program, the system of employment for public school teachers and administrators set out in G.S. 115C‑287.1 and G.S. 115C‑325, health and safety codes, compulsory attendance, the minimum lengths of the school day and year, and the Uniform Education Reporting System."
SECTION 5.  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). "
SECTION 6.  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)	Use of Teacher Positions. –  A local board of education shall use State-funded teacher positions as it deems appropriate to meet its local needs and priorities.		(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.					"
SECTION 7.  This act becomes effective July 1, 2001.