GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	2
HOUSE BILL 405
Committee Substitute Favorable 4/18/01

Short Title:	Amend Student Accountability Prog.-AB.	()	
Sponsors:	     	
Referred to:	     	
March 1, 2001

A BILL TO BE ENTITLED
AN ACT to amend the statute regarding the state testing and student accountability program.

The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C‑105.37 reads as rewritten:
"§ 115C‑105.37.  Identification of low‑performing schools.
(a)	The State Board of Education shall design and implement a procedure to identify low‑performing schools on an annual basis. A low-performing school is one that has failed to meet the minimum growth standards, as defined by the State Board, and has failed to meet the minimum achievement standard. The State Board shall set annually the minimum achievement standard, which is the minimum percent of students who must perform at or above grade level at a school. The minimum achievement standard shall be no less than fifty-one percent (51%) of students. The State Board shall not set the minimum achievement standard at any level that is lower than a previous level. The State Board shall notify schools before the beginning of the school year in which the minimum achievement standard will be raised.
(a1)	By July 10 of each year, each local school administrative unit shall do a preliminary analysis of test results to determine which of its schools the State Board may identify as low‑performing under this section. The superintendent then shall proceed under G.S. 115C‑105.39. In addition, within 30 days of the initial identification of a school as low‑performing by the local school administrative unit or the State Board, whichever occurs first, the superintendent shall submit to the local board a preliminary plan for addressing the needs of that school. Within 30 days of its receipt of this plan, the local board shall vote to approve, modify, or reject this plan. Before the board makes this vote, it shall make the plan available to the public, including the personnel assigned to that school and the parents and guardians of the students who are assigned to the school, and shall allow for written comments. The board shall submit the plan to the State Board within five days of the board's vote. The State Board shall review the plan expeditiously and, if appropriate, may offer recommendations to modify the plan. The local board shall consider any recommendations made by the State Board."
(b)	Each school that the State Board identifies as low‑performing shall provide written notification to the parents of students attending that school. The written notification shall include a statement that the State Board of Education has found that the school has "failed to meet the minimum growth standards, as defined by the State Board, and failed to meet the minimum achievement standard, as set by the State Board." This notification also shall include information about the plan developed under subsection (a1) of this section and a description of any additional steps the school is taking to improve student performance."
SECTION 2.  G.S. 115C‑12(9a) and (9b) read as rewritten:
"§ 115C‑12.  Powers and duties of the Board generally.
The general supervision and administration of the free public school system shall be vested in the State Board of Education. The State Board of Education shall establish policy for the system of free public schools, subject to laws enacted by the General Assembly. The powers and duties of the State Board of Education are defined as follows:
…
(9a)	Power to Develop Content Standards. – The Board shall develop a comprehensive plan to revise content standards and the standard course of study in the core academic areas of reading, writing, mathematics, science, history, geography, and civics. The Board shall involve and survey a representative sample of parents, teachers, and the public to help determine academic content standard priorities and usefulness of the content standards. A full review of available and relevant academic content standards that are rigorous, specific, sequenced, clear, focused, and measurable, whenever  possible, shall be a part of the process of the development of content standards. The revised content standards developed in the core academic areas shall (i) reflect high expectations for students and an in‑depth mastery of the content; (ii) be clearly grounded in the content of each academic area; (iii) be defined grade‑by‑grade and course‑by‑course; (iv) be understandable to parents and teachers; (v) be developed in full recognition of the time available to teach the core academic areas at each grade level; and (vi) be measurable, whenever possible, in a reliable, valid, and efficient manner for accountability purposes.
High school course content standards shall include the knowledge and skills necessary to enter the workforce and also shall be aligned with the coursework required for admission to the constituent institutions of The University of North Carolina. The Board shall develop and implement a plan for end‑of‑course tests for those courses identified by the State Board. All end‑of‑course tests shall be aligned with the content standards.
The Board also shall develop and implement an ongoing process to align State programs and support materials with the revised academic content standards for each core academic area every five years. Alignment shall include revising textbook criteria, support materials, State tests, teacher and school administrator preparation, and ongoing professional development programs to be compatible with content standards. The Board shall develop and make available to teachers and parents support materials, including teacher and parent guides, for academic content standards. The State Board of Education shall work in collaboration with the Board of Governors of The University of North Carolina to ensure that teacher and school administrator degree programs, ongoing professional development and other university activity in the State's public schools align with the State Board's priorities.
(9b)	Power to Develop Exit Exams. – The Board shall develop a plan to implement high school exit exams, grade‑level student proficiency benchmarks, student proficiency benchmarks for courses identified by the State Board, and student proficiency benchmarks for the knowledge and skills necessary to enter the workforce. The State Board may develop student proficiency benchmarks for other courses offered to secondary school students. The high school exit exams and student proficiency benchmarks shall be aligned with G.S. 115C‑12(9a) and may contain pertinent components of the school‑based accountability annual performance goals.
…."
SECTION 3.  G.S. 143B‑146.5 reads as rewritten:
"§ 143B‑146.5. Identification of low‑performing schools.
(a)	The State Board shall design and implement a procedure to identify low‑performing schools on an annual basis.  A low-performing school is one that has failed to meet the minimum growth standards, as defined by the State Board, and has failed to meet the minimum achievement standard. The State Board shall set annually the minimum achievement standard, which is the minimum percent of students who must perform at or above grade level at a school. The minimum achievement standard shall be no less than fifty-one percent (51%) of students. The State Board shall not set the minimum achievement standard at any level that is lower than a previous level. The State Board shall notify the schools before the beginning of the school year in which the minimum achievement standard will be raised.
(b)	By July 10 of each year, the Secretary shall do a preliminary analysis of test results to determine which participating schools the State Board may identify as low‑performing under this section. The Secretary then shall proceed under G.S. 143B‑146.7. In addition, within 30 days of the initial identification of a school as low‑performing by the Secretary or the State Board, whichever occurs first, the Secretary shall develop a preliminary plan for addressing the needs of that school. Before the Secretary adopts this plan, the Secretary shall make the plan available to the residential school personnel and the parents and guardians of the students of the school, and shall allow for written comments. Within five days of adopting the plan, the Secretary shall submit the plan to the State Board. The State Board shall review the plan expeditiously and, if appropriate, may offer recommendations to modify the plan. The Secretary shall consider any recommendations made by the State Board.
(c)	Each identified low‑performing school shall provide written notification to the parents of students attending that school. The written notification shall include a statement that the State Board of Education has found that the school has "failed to meet the minimum growth standards, as defined by the State Board, and  failed to meet the minimum achievement standard, as set by the State Board." This notification also shall include a description of the steps the school is taking to improve student performance."
SECTION 4.  This act becomes effective July 1, 2001, and applies beginning with the 2001‑2002 school year.