HomeMy WebLinkAboutAgenda - 12-14-2004-9bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 14, 2004
Action Agenda
Item No. ~- 6
SUBJECT: 10-Year Student Membership Projections and Schools Adequate Public
Facilities Ordinance (SAPFO) Implications
DEPARTMENT: Manager/Budget/Planning/
Attorney
ATTACHMENT(S):
SAPFO Membership Capacity Calculation
and Change Request Forms
10-Year Student Membership Projection
Tables/Graphs
09/24/04 Manager Memo re: New School
Projects
11/23/04 Attorney Letter on K-3 Class Size
Chart -County's Annual Debt Service
Projections
PUBLIC HEARING: (Y/N) No
INFORMATION CONTACT:
Rod Visser, ext 2300
Donna Dean, ext 2151
Craig Benedict, ext 2592
Geof Gledhill, 732-2196
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider approval of November 15, 2004 actual membership and capacity
numbers for the Orange County Schools and Chapel Hill-Carrboro City Schools; to receive 10-
year student membership projections developed through agreed-upon models; and to consider
reallocating a portion of currently programmed debt issuance to address anticipated cost
overruns in various critical school and County capital projects.
BACKGROUND: In 2003, the County, the two school systems, and the Towns of Carrboro,
Chapel Hill, and Hillsborough entered into mutual agreements that created a system of Schools
Adequate Public Facilities ordinances, SAPFO was designed to ensure that new growth within
the County's two school districts occurs at a pace that allows Orange County and the school
districts to provide adequate school facilities to serve the children who will be living within new
residential developments..
SAPFO Machinery
The SAPFO MOUs (Memorandums of Understanding) provide that the Board of County
Commissioners shall approve the School Districts' November 15 membership and capacity
numbers within fifteen days after receiving the numbers from the School Districts, Both School
Districts have submitted their membership and capacity numbers, The actual student
membership figures as of November 15 each year are run through five separate student
membership projection models by a Technical Advisory Committee (SAPFOTAC) comprised of
representatives of the County, Towns, and school systems. The average of the five models
becomes the basis for programming the construction of additional school space to
2
accommodate forecast growth in student membership, The membership numbers reflect an
actual student count as defined in the MOU, The capacity that is noted is from last year's
SAPFOTAG certification,
The SAPFOTAC analytical work would normally take place in the January-February timeframe,
but was accelerated for 2004-05 at the request of the BOCC because the results of the
SAPFOTAC analysis of updated student membership projections will have a significant impact
on major capital funding decisions that the BOCC will need to make in the very near future,
SAPFOTAC is tasked to produce an annual report far the governing boards of each SAPFO
partner, The full annual SAPFOTAC report will be completed in early 2005.
Building Capacity
There has been extensive discussion among the governing boards and staff of the County and
school systems throughout 2004 regarding the certification of individual school building
capacities. The State of North Carolina has taken unilateral action during the past two years to
dictate to local school administrative units that the average class size throughout a school
district for grades K-3 must be reduced to 1 teacher for every 21 students. As the BOCC has
noted, this has in effect created an unfunded mandate for county governments to provide
additional school space with no time to plan for the funding and construction of new space.
Following discussion on the subject at a November 2004 work session, the County Attorney
examined the requirements for reduced class size and the possible sanctions or other
ramifications that might face any school system that is unable to comply with the average class
size mandates. The accompanying letter from the Attorney outlines the results of his research.
As provided for in the SAPFO Section 1.b "...'building capacity' will be determined,,, by a joint
action of the School Board and the BOCC." Therefore, until there is a 'joint action' agreeing to
the impact of new State rules far classroom size in grades K-3, the existing capacity levels are
being used for capacity/membership projection comparisons.
Implications of Updated Ten Year Student Membership Projections
SAPFO provides that the County must provide funding and a school system must construct new
school space so that the Level of Service (LOS) for elementary school space will not exceed
105% of capacity across an entire school district. The updated ten-year student membership
projections prepared by SAPFOTAC and reflected on the accompanying charts indicate that,
absent the creation of new seats, the 105% level of service would be exceeded at the
elementary level in the Chapel Hill-Carrboro City Schools for academic year 2009-10.
Accordingly, adherence to SAPFO provisions will require that new permanent elementary
school space be available for the beginning of that school year. The needed opening date has
shifted back three years compared to the 2006-07 opening contemplated in last year's student
membership projections. Slowing growth produced only minor enrollment increases at the
elementary level in the Chapel Hill-Carrboro Schools during the current school year.
CHCCS Middle School #5 is projected to be needed in 2013-2014, 800 new seats will become
available with the anticipated opening of CHCCS High School #3 in August 2007. Based on the
updated student membership projections, there is no other additional high school space needed
within the ten-year planning period.
3
The Orange County School student membership projections reflect no requirement at this time
for additional school seats during the ten-year planning horizon, beyond the construction of
Middle School #3 that is in progress, and slated for opening in August 2006.
Other Observations
• Recently, the Board asked County staff to review estimates by both school systems'
architects regarding likely shortfalls in the established budgets for OCS Middle School #3
and CHCCS High School #3. Both school systems have been advised that higher prices for
steel, concrete, and fuel, among other factors, make it very likely that construction bids will
significantly exceed the project allocations for construction, County staff have been working
with the school staffs and architects and plan to bring responses on ,January 24 to the
BOCC-requested analysis about factors affecting the anticipated cost overruns for the two
new school projects,
• The Manager has explained during the past several months that the County faces significant
constraints, under its own policies, regarding the issuance of debt beyond that already
programmed in the County's debt issuance schedule, That fact was reviewed in detail
during several Board work sessions this fall, The accompanying chart depicts the County s
anticipated annual debt capacity aver the next ten years, with very little latitude to assume
any non-programmed debt through FY 2007-08. Estimates of potential cast overruns just for
the two new school projects have been in the range of $6 million to $7million. The Manager
has made it clear that he will not recommend that the County issue additional debt to
address additional funding requested by both school systems for the new school projects,
beyond that already programmed, until the County regains additional debt issuance flexibility
beginning with FY 2008-09,
• In view of that, the Manager transmitted a September 24, 2004 memo to both
Superintendents soliciting ideas about how the anticipated cost overruns for the respective
new school projects might be addressed through reallocation of resources available to the
school systems through their CIPs and other revenue streams.
• To this point, there have been no expressed written alternatives to the Manager's proposal
that a portion of the planned issuance of $12,8 million in debt for CHCCS Elementary
School #10 be shifted to address anticipated cost overruns for the two school projects and
other County capital projects that are in development,
• In the absence of viable alternatives and with the SAPFO-calculated postponement in the
need for the opening of CHCCS Elementary School #10 until the 2009-10 academic year,
the Manager recommends that the BOGC indicate its intention now to redirect some portion
of debt planned for Elementary #10 to address other, more urgent capital funding needs.
• The adapted 2004-14 Capital Investment Plan (GIP) would be amended to reflect the need
for funds to construct CHCCS Elementary #10 with a revised opening date of August 2009.
• The Superintendent reports that the project architects have advised her that construction on
OCS Middle School #3 must begin by mid-February 2005 to keep the project on track for an
August 2006 opening. Accordingly, the Orange County Board of Education will likely
consider awarding the construction bid and approving associated contracts at their
scheduled meeting on January 24, 2005,
• BOCC action to reallocate specific amounts of planned debt to provide appropriate revised
capital project budgets would be scheduled no sooner than the next BOCC regular meeting
on .January 24, 2005. That action could take the form of endorsement of specific project
budget amounts and/or the adoption of updated capital project ordinances,
• The existing interlocal agreement between Orange County and CHCCS establishing the
project budget for High School #3 at $27.8 million plus $1.9 million for "smart growth"
initiatives would have to be revised to reflect whatever action the BOCC may take to adjust
the County's funding allocated to the project.
The Board has indicated its intention to discuss at the January 22, 2005 annual planning
retreat the implications of various school-related initiatives -such as Educational
Excellence, Efficiency, and Collaboration - in the larger context of measures the Board may
consider to promote greater funding equity between the two school systems in the future.
FINANCIAL IMPACT: Precise financial impacts cannot be determined, but possible changes in
projected building capacity and projected growth in student membership far the next ten years
will have impacts on future operating and capital budgets measured in the tens of millions of
dollars.
RECOMMENDATION(S): The Administration recommends that the Board:
• Approve the November 15, 2004 actual student membership numbers;
• Receive the information about 10-year student projection averages;
• Approve the building capacity figures based on the individual school building capacity
numbers for both school systems at the levels certified for 2003-04;
• Indicate the Commissioners' intention to reallocate, as necessary and appropriate,
funding from the previously planned issuance of $12.8 million in debt for CHCCS
Elementary Schcol #10 to address cost overruns for CHCCS High School #3, OCS
Middle School #3, and other priority County capital projects as determined by the BOCC;
• Direct staff to revise the 2004-14 CIP to include a funding plan that would provide far the
construction of CHCCS Elementary #10 along a timeline consistent with the need for
new school space as identified in the updated SAPFO ten-year student membership
projections (i.e. opening for the 2009-10 academic year).
5
JttstiFcation: An increase in Hillsborough Elementary capacity of 100 was completed prior to the
start of the 2D03-04 school year in accordance with the CIP. However, due to continuing renovations within
the school, the eventual full capacity of 514 student seats will not be achieved until the 2005/2006
school year. The above numbers reflect school capacity without consideration of state class size
reductions in grades K-3.
Certification:
~~ v~f-
Date BOCC Chair Date
Membership Certification:
_,
(~-(~-off
Sup 'n ndent Date
BOCC Chair Date
Special Note: For the November 15. 2002 base year the board accepted the superintendent-certified capacities ns part of the School Facilides Task
Force review and 3DD3 Planners and Schoot Representative Technical Advisory Committee Report These capacities will remain effective until changed
by (I) [he School C~ or (2) an amended version of this fomr that is mortified by the BOCC.
6
School District: Orange County Schools
School Year: November 15, 2004 -November 14, 2005
Justification: No change in capacity,
~~
Certification:
-1b-o~-
BOCC Chair Date
M mbership Certification:
Supe' endent~-~~Date
BOCC Chair Date
Special Note: For the November 15, 2002 base year the board accepted the superintendent-certi5ed capacities as part of the School Facilities "task
Force review and 2003 Planners and School Representative Technical Advisory Committee Report These capacities vrill remain effective until changed
by (1) [he School CIP or (2) nn amended version of this form [hat is certified by the BOCC.
School District: Orange County Schools
School Year. November 15, 2004 -November 14, 2005
Justification: No change in capacity.
Capacity Certification:
" ~..~.~~,~„1L-l~-a~
Super'nt ndent Date BOCC Chair Date
Membership Certification:
-f~-0`~
Superip ndent Date
BOCC Chair Date
Special Note: For the November 15. 200? base year the board accepted the sopenntentlent-cemnea capacrtes as pan or me acnoa racwues rasrc
Force review and 2003 Planners and School Represenmdve Technical Advisory Comrtdttee Report. These capacities will remain effective until changed
by (t) the School CIP or (2) an amended version of this form that is certified by the BOCC.
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School District: Chapel Hill-Carrboro City Schools
SAPFO CAPS Year: November I5, 2004 -November 14, 2005
Capacity and Membership Submittal Date: November 15, 2004
tl II ll• II II Ilr tlr II
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'Carrboro 60,832 '.563 563 563 590
Ephesus 66,952 472 472 472 428
Estes Hills ' 56,299 ! 549 549 549 473
Glenwood 50,764 .`445 445 445 422
FP Graham ? 6:3,541 570 570 570 564
McDougle 98,000 i 596 596 596 590
Raslilcis 94,234 -0 619 619 454
Scroggs 90,980 609 609 609 645
Seawell 52,896 4y8 498 498 529
Total 634,498 :4,302 ! 4,921 4,921 0 ' i'.0 S '.4;695
Special Note: Por the November li, 2002 base year the board accepted the superintendent-certified capacities as part of the School pacilities'rask
pone review and 2003 Planners and Schnot Representative Technical Advisory Committee Report These capacities will remain elective unlit changed
by (1) the School CIP or (2) un amended version of this form that is certified by the aOCC
Justification:
Capacity Certification:
Superintendent Date
BOCC Chair Date
Membership Certification:
Superintendent Date
BOCC Chair Date
10
School District: Chapel Hili-Carrboro City Schools
SAPFO CAPS Year: November 15, 2004 -November 14, 2005
,Capacity and Membership Submittal Date: November 15, 2004
rr
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Culbreth' 104,798 670 670 670 616
McDougle 136,221 732 7.32 732 639
Phillips 109,498 706 706 706 681
Smith 128,764 '132 7:32 732 624
Total i 479,281 2,840 '-` 2,840 :':2,840 0 0 :;2,560
Special Note: Por the November 15, 2002 base year the board accepted the superintendent-certified capacities as part or the School Pacdnies 7asK
Force review and 2003 Planners and School Representative Technical Advisory Committee Report These capacities will remain effective until changed
by (I) the School CIP or (2) an amended version of this form that is certified Yy the 6000
Justification:
Capacity Certification:
Superintendent Date
Membership Certification:
Superintendent Date
BOCC Chair Date
BOCC Chair Date
School District: Chapel Hill-Carrboro City Schools
SAPFO CAPS Year. November I5, 2004 -November 14, 2005
Capacity and Membership Submittal Date: November 15, 2004
11 II 11~ 11 II 11. II 11
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ChapeLHil] ! 241,111 1,520 1,520 1,520 1,785
East Cliapel Hill 258,985 1,515 1,515 1,515 1,637
Total 500,096 3,035 '3,035 !3,035 0 0 ':3,422
Special Note: for the November I5, 2002 base year the board accepted the superintendent-certified capacities as part of the School facilities Task
force review and 2003 Planners and School Representative technical Advisory Committee Report These capacities will remain effective until changed
by Q) the School CIP or (2) an amended version of this form that is ccrti~ed by the BOCC
Justification:
Gapacity Certification:
Superintendent Date
BOOC Chair Date
Membership Certification:
Superintendent Date
BOCC Chair Date
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l`~anaye~ 3 ~~ice
TO:
FROM:
DATE:
RE:
ORANGE COUNTY
HILLSBOROUGH
NORTH CAROLINA
~l
Dr. Shirley Catraway, OCS Superintendent
Dr. Neil Pedersen, CHCCS Superintendent
.John Liiulc, Orange County Manager
September 24, 2004
September 27 .Joint Work Session blforunation on New School Projects
I want to acloiowledge receipt of the materials you have both provided for next Monday
night's joint work session of the school boards and County Conunissioners. Those
materials have been included in the packets that will be coming yotu way later today for
distribution to your Board members.
I understand that the issue of needed additional funding for your respective new school
projects is a pi°iority discussion topic for both systems. As we collectively examine bow
to respond to the likely need for additional funding if the new school designs are to be
pursued as they curl-ently stand, I encourage you to examine your respective CIPs for
possible project funding realigmnents that might help provide additional funding to the
school construction projects. I also encourage you and your staffs to examine what other
funding sources (e,g. fund balance, impact fees, etc) might be made available for this
purpose.
I expect that we will discuss this topic in more depth in the coming weeks, and suggest
we plan to include it on our list of topics for our next monthly meeting on October 4.
AREA CODE (919) 245-2300 ~ 688-7331 FAX (919) 644-3004
Ext. 2300
THIS PAGE INTENTIONALLY LEFT BLANK
LAW OFFICES
COLEMAN, GLEDHILL, HARCRAVE &. PEEK
A I'ROPESSIONAL CpRPORATiON
179E TRYOK STREET
P p DIiA~ E2 1519
I-IILLSRpROUGH. NORTH G~ROLIN.A ? 1775
919-731-119ti
FAX 919-777-T)97
,cww cg;mdh cum
November 23, 2004
Mr. ~TOhn M. Link, Jr.
Orange County Manager
Post Gffice Box 8181
Hillsborough, North Carolina 27278
RE: Class size K-3
pear John:
a5
fROhl THE UESA Of
GEOFFFEY E GLEDHILL
E MAIL ueiiPre,yloJLiIIIL<:mnJh mm
This letter is tc share with you the result of the research
we have done on the question raised about penalties prescribed
in the K-3 class size reduction legislation if changes in
classroom size are not made, t^te have also analyzed related
statutory pro=aisions intended to implement the class size
requirements.
The applicable Diorth Carolina general statute provides that
"if the State Board of Education determines that a local
superintendent has willfully failed to comply with the
requirements of [the State class size standards]'' no State
funds shall be allocated to pay the [local school]
superintendent's salary for the period of time the
superintendent is in noncompliance."'' Hcwever, the likelihood of
this penalty being impcsed is slight because the
superintendent's duties in this statutory scheme are
ministerial.
Another statute places the duty of correcting a violation
[or "exception") of classroom size standards with the local
board of education. That section states that:
"If the superintendent determines the requirements
have not been met, he shall make a report to the next
local board of education meeting. The local board of
education shall take action to meet the requirements
of the statute, If the local board cannot
organizationally correct the exception and if any of
the conditions set out in G.S, 115C-301(g)(1) exist,
A brief summary of the present
2005 school year is attached.
- id.C, Gen, Stat. ~ 115C-301(i),
classroom size standards for the 2009-
NIr. Sohn t9. Link, Sr. /
Page 2 a
November 23, 2009
it shall immediately apply to the State Board of
Education for adclitional personnel or a waiver of the
class size requirements, as provided in G.S. 115C-
301(g). Capon notification from the State Board of
Education that the reported exception does not qualify
for an allotment adjustment or a waiver under
provisions of G,S. 115C-301, the local board, within
30 days, shall take action necessary tc correct the
exce?tion.i3
What if the superintendent cloes her duty to: (1) report to the
State the correct student/teacher ratios at the end of the
second month of the school year; (2) report exceptions as cf
February 1 on behalf of the local beard; (3) report to the local
board if the superintendent determines that the ratios have not
been met; (4) request additional allotments (personnel) on
behalf of the board; and (5) sign and submit the (classroom
size) waiver application form on behalf of the board?' What if
the local school board does what it can to correct the situation
but does not have money to hire another teacher or does not have
the additional classroom(s) to split up the "crowded"
classroom(s)? "If the local board cannot organizationally
correct the exception" and if any of a number of specified
exigencies exist, the local board of education is required to
ask the State for a waiver for class size requirements and
request additional allotment to hire more teachers.' Waivers and
additional allotments are permitted if State funds are available
and if the exception is caused by an emergency, large changes in
student population, acts of God, etc „ and "if the local board
cannot organizationally correct the exception."
The General P.ssembly clearly recognized, therefore, that a
board may not be able to organizationally correct the problem of
classroom size, How, then, can a good-faith failure of the board
to correct the problem be a wi11iu1 violation that the
superintendent is responsible for? It is not, And, there is r.o
state fund withholding or otherwise penalty directed to the
local school board members or to the local school system,
In my opinion, the organizational correction that the
school board is required to make is only secondarily a matter of
' North Carolina Gen. Stet. § 1150-97(10),
''See N,C. Gen, Stat. § 115C-301(f) and §115C-97(10) and the
attached guide Page 9:9 and the waiver form after Page 9:5.
'N.C. Gen. Stet. § 115C-301(g)(2).
t ~L'- JOhn ,
Wage 3
iQcvamber ~3, ~C09
a~
planning tC 1nCredSe the nuiiu~"Jer Gf C1dSSrOOmS, and primarily Cne
cf hi=ing mo_e teachers or shifting stude-:~ts to meet the
teacherlstudent ratios. The follcwin•g sentence of TI. C. Gen.
Stat. ~ 115C-47 supports this conclusion: "ln 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,"` Furthermore, N,C. Gen, Stat, ~ 115C-?7(10) gives the
board 30 days to correct the problem after receiving
notification that the State will r.ot approve a waiver or
allotment adjustment. How can the local school board or its
superintendent be held responsible for arranging for new
classrooms to be constructed within a 30-day period? P9oreover,
while pt,C, Gan, Stat. 9 115C-521 does state that "[i]t shall be
the duty of local boards of education to provide classroom
facilities adequate to meet the requirements of G.S. 115C-47(10)
and 1150-301," it also states that "[l]ocal boards of education
shall submit their long-range plans for meeting school facility
needs to the State Board of Education by January 1, 1998, and
eve r; five years thereafter" and that °[i]n developing these
plans, local boards of education shall consider the costs and
feasibility of renovating old school buildings instead of
replacing them,"
It may be convenient to conclude that new buildings and
additional classrooms are the solution to class size reduction
requirements. However, the General Assembly's direction is that
the school boards, in this annual allotment process, prioritize
short term administrative solutions, make personnel adjustments,
make cost-effective building renovations and make other class
room adjustments that provide immediate results for existing
students. The focus is not en new capital construction.
Very truly yours,
CQLEMe?N,~LEDHILL, HARGRAJE & PEEK, P.C.
rey/E. Gl~dhiil
GEGllsg
Enclosure
xc: Gonna Dean
Rod Visser
rat
See CI.C, Gen, Stat. ~ 115-97(10).
LEA-~i~ide Averaga and Ind=victual Cl=_ss .RCOm Size Standard d 0
Each classroom of a particular age group can have 3 more
students than the teacher allotment fcr ti-<at particular age
grCUp, d5 long aS tl?e ~EA-~,JlCle CIaSS average maximums fo_" the
age group are nct exceeded. The LEA-wide class averages include
all other specialty classrccros in the LEA for each age group
except fcr study 'r.all and homeroom, Thus, specialty teachers
that are emplo_;ed in vocational education, exceptional children,
remediaLlCn, 1tlStrUCtl0nal Support, 2tC,, whC, along '//1th the
particular grade's primary teacher, teach that grade, can also
be included in the LEA-wide class average for that grada. The
following are the classroom size limits:
Grade LEA-wide Average,
Maximums Individual
Classroom Maximum
n:-3 1:21 1:2~
4-9 1:26 1:29
10-12 1:29 1:32
J
"~ a~
Within 4~ days of receipt of the request, the State Board. within funds available, may allot
additional positions or grant waivers for the excess class size or daily load:
If the exception resulted from:
a. Exceptional circumstances, emersencies, or acts of God (such as students
transferring. to a school during the middle of the school year, impractical
combination classes, closing of classrooms due to fire, or other natural
disaster):
b. Large changes in student population (caused by large military installation or
business persomiel transfers):
c. Organizational problems caused by remote geographic location: or
d. Classes organized far a solitary curricu]ar area: (An example would be when
only one class of physics is offered and 3~ seniors need the class to meet
college entrance requirements.) and
2. If the local board cannot organizationally correct the exception.
C. Requests for an allotment adjustment should be in the form of a letter from the local
sptiperintendent addressed to the Budget and Allotment Section, and should include:
1. A description of the cause of the exception(s):
2. A description of the current organization of the school(s) containing the exception(s);
and
3. A description of the proposed organizational changes using additional teacher
positions if an allotment adjustment is granted.
D. Requests fur indi~ idual class size exception waivers require the completion of a form
supplied by the Information F.nalysis & Support Section (see form on following pages),.
Requests for individual class size waivers must be received by the Department of
Public Instruction prior to Noy-ember ~0 of the current school year.
3 waivers. when granted for a specific incidence, may remain in effect for the
remainder of the current school year,.
School Anendance & Student Accomtting -Page =1:4
/r
/'
~; ~, E. Upon notification fiom the State Board that the reported exception does not qualify foOr an
~' allotment adjustment or a waiver underprovisions ofG.S, 11 dC-30l ,the local board. within
~' 30 days of receipt of the State Board notification, shall take action necessity to correct the
~~' exception. A report of the action taken to alleviate the exception shall be sent to the
Information Analysis & Support Section within 30 days of receipt of State Board notification
that the exception did not qualify for an allotment adjustment or waiver.
NOTE: No adjustments in teacher assistant allotments are available for increases in class
size..
IV. SCHOOL-B.ASL• D IVIANAGEI~IENT AND
ACCOUNTABILITY- PROGR.ADi (.ABCs)
Under the provisions ofthe School-Based 1\-Ianaoement Accountability Program. a LEA may request
a waiver of class size and/or teacher daily load maximums when included as part of a school
improvement plan,. Waivers will apply only to grades 4-12.
A. Whether or not a waiver is granted, LEAs must continue to report all exceptions to the
Department of Public Instruction. LEAs will not be required to obtain a waiver under the
provisions of G.S. I I SC-301 for exceptions already waived under the ABCs.
B. Class size and teacher daily load exceptions will be identified and reported via the SAR,
C. Approved waivers will be in effect for the life of the school improvement plan, unless they
aze revolved by the State Board of Education,
NOTE: t~lten a class size waiver is granted and used, a class size allotment adjustment is no
longer possible.
V. PENALTY FOR NON-COI4IPLIANCE
If the State Board determines that a local superintendent has willfiilly failed to comply with the
requirements of GS. I 1 ~C-301, no state funds shall be allocated to pay the superintendent's salary
for the period of time the superintendent is in noncompliance.
School Attendance B Student Accounting - Page 4:5
§115C-47
CH 115C EDUC:ATtON
Cross References. -As to post-towing pro-
cedures, see G S. 20 'l19 9 et sea
§ 115C-47. ~'ov~ers and duties generally.
§115C-47
In addition to the powers and duties designated in G.S. 115C-3G, local boards
of education shall have the power or duty:
(1) To Provide an Adequate School System. - It shall be the duty oflocal
boards of education to provide adequate school systems within their
respective local school administrative units, as directed by law.
(2) To Exercise Certain Judicial Functions and to Participate in Certain
Suits and Actions. -Local boards of education shall have the power
and authority to exercise certain judicial functions pursuant to the
provisions of G.S. 115C-45 and to participate in certain suits and
actions pursuant t.o the provisions of G.S. 1150-44.
(3) To Divide Local School Administrative Linits into Attendance Areas. -
Local boards of education shall have authority to divide their various
units into attendance areas tivithout regard to district lines.
(4) To Regulate Extracurricular Activities. - Leval boards of education
shall make all rules and regulations necessary for the conducting of
extracurricular activities in the schools under their supervision,
including a program of athletics, where desired, without assuming
liability therefor; pxo~rided, that all interscholastic athletic activities
shall be conducted in accordance with rules and regulations pre-
scribed by the Si ate Board of Education.
(5) To Fix Time of Opening and Closing Schools. -The time of opening
and closing the public schools shall be filed under G.S. 115C-842.
(6) To Regulate Fees, Charges and Solicitations. - Local boards of
education shall adopt rules and regulations governing solicitations of,
sales to, and fund-raising activities conducted by, the students and
faculty members in schools under their jurisdiction, and no fees,
charges, or costs shall be collected from students and echool personnel
writhout approval of the board of education as recorded in the minutes
of said board; provided, this subdivision shall not apply t.o such
textbooks fees as are determined and established by the State Board
of Education. All schedules of fees, charges and solicitations approved
by local boards of education shall be reported to the Superintendent of
Public Instruction.
(7) To Accept and Administer Federal or Private Funds. -Local boards of
education shall have power and authority to accept, receive and
administer any funds or financial assistance e 'aen, granted or pro-
vided under the provisions of the Elementary and Secondary Educa-
tion Act of 1965 tPublic Lew 59-10, S9th Congress, HR 2363) and
under the provisions of the Economic Opportunity Act of 1964 (Public
Law SS-452, S3th Congress, S 3642), or other federal acts or funds
from foundations or private sources, and to comp]}' u it.h all conditions
and requirements necessary for the receipt, acceptance and use of said
funds. In the administration of such funds. local boards of education
shall have authority to enter into ..^.ontracts with and t.o cooperate with
and to cazr}' out projects ta~ith nonpublic elementary and secondary
schools, comn;untty g~ouns and nonprofit corporations, and to enter
into joint agreements for Chase purposes with other local boards of
education, Local boards of education shall Sarnish such information as
shall be requested by the State Board of Education, from time to time,
relating io any urogra.ms relatad or cm]ducted pursuant to this
subdi~nsion
§115C-47
(S) Ta Spon
educatic
and spec
and the
under tl
during
funds fo
(9) TO ASSUr
of any 1
inaccurs
concerns
novellas
its findi~
(10) To Assu
(11)
(12)
(12)
local hot
load req
who belt
met shat
superint
menu hs
requircn
local boa
take acti
cannot ~
condition
apply to
waiter of
Upon
reported
waiver u
days, shr
At tl;e
of educat
State Bo.
of Educat
each teas
teacher.f
the super
and daily
In addi
met; each
an adequ
statute.
To Deter;
determine
(Far frn
Educatioc
Basic Edi
State Bo;
eii'icient t
course of
(For fui
Educatioc
Basic Edt
60
;1150-47 §115C-47 ir~P > i_i;tnL s~_~u~u~ yr 4uuc.?rn.~>r ~115C_1?
3a
(8) To Sponsor or Ccnduci Erlurstional Research. - Local boards of
education are authorized to sponsor or conduct educational research
and special projec±s approved by the Department of Public Instruction
and the State Beard of Education_ thai may improve the school system
115C-3G
local boards andar their jiuisdictinns Such research or projects may be conducted
, during the summer months and the briard may use any available
r~l be the duty of local firnds for such purposes.
(9~ To ::'assure Accurate rltiendance Pecurds - ti~-hen the governing board
s;vstems within their of any local school administrative unit shall have information that
directed by law.. inaccurate school attendance records are being kept
the board
anticipate in Certain
shall have the power ,
concerned shall immediately investigate such inaccuracies and take
:;ors pursuant to the necessary action [o establish and maintain correci records and report
i
t
i
it
d its findings and action to the State Board of Education.
n cer
a
n su
s an (10) To Aasure Appropriate Class Size. - It shall be the res onsibilit of
-44
attendance Areas
- local boards of education to assure that the class size and teaching
.
o divide their various load requirements set forth in G.S.. 1.,h2L;.;zQ1 are met. Any teacher
!istrict lines who believes that the requirements of G.S. 1150 ,301 have not been
.
! boards of education met shall make a report to the principal anal superintendent, and the
a conducting of
for tr superintendent shall immediately determine whether the require-
.
~r their su
ervisio menu hate in fact not been met. Iftl?e superintenc?ent determines the
p
n,
without assuming
d requirements have not been met, he shall make a report to the next
,
tic athletic activities local board of education meeting. The local board of education shall
end regulations pre- take action to meet the re~.luirements of the statute.. If the local board
cannot organizationally correct the ex%:eption and if any of the
The time of opening conditions set out in G.S. 1150-301(8)(1) exist, it shall immediately
ear G
S
1150-84
2 apply to the State Board of Education for additional personnel or a
.
.
.
-
- Local boazds of wair-er of the class size requirements, as prove ,e m =. o ,- 1(g)
ruing solicitations of Upon notification from the State Board of Education that the
,
by
the students and reported exception does not qualify for an allotment adjustment or a
,
liction
and no fees waiver under provisions of G.S. 115C-301, the local boar_a.svitlun.30
,
, days, shall take action necessary tq correct the exception.
and school personnel "" Afthe"end~of the second month of each school year
the local board
:orded in the minutes ,
of education, through the superintendent, shall file a report with the
1 not apply to such State Boazd of Education, in a format prescribed by the State Boazd
d by the State Board of Education, describing the organization of each school
the duties of
olicitations approved
he Superintendent of ,
each teacher, the size of each class, and the teaching load of each
teacher.: As of February 1 each year, local boards of education, through
ds --=Local boards of the superintendent, shall report all exceptioes to individual class size
accept
receive and a daily teaching load maximums that exist. at that time.
,
von
a -anted or pro- Ina rtion to assuring that the requirements of G.S. 115C-301 are
'e
,
ul Secondary Educa- met, sac ova oar•cTo~
ducation shall also have the duty to provide
HR 2362) and
;Tess an a I~equate number of classrooms to meet the requirements of that
--
,
Act of 1964 (Public
'ederal acts or funds statUt.P
----
(11) To Determine the School Calendar -Local boards of education shall
determine the school calendar under G.S. 115C-84.2..
I ance and use ofsaid (12) (For- final eft`ective date see notes) To Lmplement the Basic
boards of education Education Program. - Lrn:al boards of education shall implement the
rod to cooperate with Basic Education Program in accordance with rules adopted by the
Mary and secondary State Board. This implementation shall include pro~rision for the
ations, and to enter efficient teaching of the course content required by the standard
;then local boards of course of study,
~ such information as (12) (For future effective date see notes) To Implement the Basic
n, from time to time, Education Program, -Local boards of education shall implement the
cl pursuant to this Basic Education Progrnm in accordance with rules adopted by the
t
e
i
§115C-299
ART 20. TEACHERS
§ 1150-299. Hiring of teachers.
§'115C-301
(a) In the city administrative units, teachers shall be elected by the boazd of
education of such administrative unit upon the recommendation of the
superintendent of city schools.
Teachers shall be elected by the county and city boards of education upon the
recommendation of the superintendent, in accordance with the provisions of
G.S. 115C-276(j),
(b) No person otherwise qualified shall be denied the right to receive
credentials from the State Board of Education, to receive training for the
purpose of becoming a teacher, or to engage in practice teaching in any school
bo de of educat ontrefuse to employ such a person on su h' grounds. (1955cae.
1372, art. 5, s, 4; 1.971, c. 949; 1981, c. 423, s. 1; 1985 (Reg. Sass., 1986), c. 975,
s. 5.)
CASE NOTES
Editor's Nate. -Most of the cases below
were decided under corresponding provisions of
former Chapter 115
Final Authority for Election of Teachers
Vested in Board, -The superintendent
makes recommendations, but the final author-
ity fox the election of teachers is vested in the
school board. Johnson v Gray, 263 N C. 507,
139 S E.2d 551 (1965)
6uperintendent Entitled to Recommend
Against Rehiring. - A school board's failure
to renew a probationary teacher's contract be-
cause the principal and superintendent recom-
mended that he not be rehired would not be
arbitrary, capricious, or for personal reasons,
since the superintendent is entitled to make
such recommendations. Hasty v, Bellamy, 44
N C. App. 15, 260 S.E,2d 135 (1979).
No Claim Based on Failure to Renew
Contract. - Plainti5 stated no claim for relief
against a school superintendent and principal
in an action to recover damages arising from
failure to renew plaintiff's contract as a
teacher, since the power to hire teachers rests
in the school board. Hasty v. Bellamy, 44 N.C.
App. 15, 260 S,E.Zd 135 (1979).
Cited in Abell v. Nash County Bd. of Educ,
71 N.C. App 46, 321 S E ~d 502 (1984).
§ 1150.300. ln-service training.
Local boards of education are authorized to prot2de for the professional
growth of teachers while in service and to pass rules and regulations requiring
teachers to cooperate with their superintendent for the improvement of
instruction in the classroom and for promoting community improvement.
(1955, c. 1372, art.. 5, s. 29; 1981, c. 423, s. 1J
§ 1150-301. 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 boazds, 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 appro-
Class Size. -The average class size for each grade span in a
inistrative unit shall at no time exceed the funded allotment
to students. At the end of the second school month and for the
school year, the size of an individual class shall not exceed the
by more than three students. At no time may the General
rriate funds for higher unit-wide class averages than those for
is were nro~ided during the 1984-85 school year.
.J
..~;
..
E~H i?
t.
to
w ~
ci.a Er
<~''~
§ll5G3O1 CH use >;nUC,xrlCrl ~ §115C-301
(d) Pdasimum 'Teaching Load. -Students shall be assigned to classes so
that from t ~ hth day of the school year through the end of the school yeaz the
number of students for whom teachers in glades 7 through 12 are assigned
teaching responsibilities during the course of the day is no more than 150
students, e:tcepf as provided in subsection fg) of this section:
(e) Alternative Maaumum Class Sizes. -The State Board of Education, in
its discretion, may set higher maximum class sizes and daily teaching loads for
classes in music, physical education, and other similar subjects, so long as the
effectiveness of the instructional programs in those areas is not thereby
impaired.
(fl 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. As of February 1 each year; local
boards of education, through the superintendent, shall report all exceptions to
individual class size and daily teaching load maximums that occur at. that
time,.
(g) Waivers and Allotment Adjustments, -Local boards of education shall
report exceptions to the State Board of Education as provided in G.S.
115C-47(10), and shall request allotment adjustments or waivers from the
standards set out above. Within 45 days of receipt of reports, the State Board
of Education, within funds available, may allot additional positions or giant
waivers for the excess class size or daily load.
(1) If the exception resulted from (i) exceptional circumstances, emergen-
cies, or acts of God, (ii) large changes in student population, (iii)
organizational pzoblems caused by remote geographic location, or (iv)
classes organized for a solitary curricular area, and
(2) If the local board cannot organizationally correct the exception..
All allotment adjustments and waivers submitted under this provision shall
be reported to the Director of the Budget and to the General Assembly by May
15 of each year.
(h) State Board Rules. -The State Board of Education shall adopt rules
necessary for the implementation of class size and teaching load provisions.
(i) Penalty for Noncompliance, - If the State Board of Education deter-
mines that a local superintendent has willfully failed to comply with the
requirements of this section, no State funds shall be allocated to pay the
superintendent's salary for the period of time the superintendent is in
noncompliance. (1955, c. 1372, art. 6, s. 6; 1963, c. 688, s. 3; 1965, c 584, s. 6;
1969, a 539; 1973, c. 770, ss. 1, 2; 1975, c, 965, s. 3; 1977, a 1088, s. 4; 1981,
c. 423, s 1; 1983 (Reg. Sess., 1984), c 1034, ss 12, 13; 1985, c. 479, s. 55(b)(3)b;
1987, c. 733, s. 181; 1987 (Reg. Sess , 198$), c. 1025, s. 15; c, 1086, s 89(a)J
Cross References., -Ps Co the allotment of
classified principals, see G.5 115C-284
);ditor's Note. -Session Laws 2000-67, s.
1..1, provides: "This act shall be known as 'The
Current Operations and Capita] Improvements
Appropriations Act of L000'."
Session Laws 2000-67, s 8.8, effective ~7uly 1,
2000, authorizes loco] school administrative
units to use teacher positions allocated for
kindergarten through second grade (i) to hire
classroom and reading teachers for those
grades and (ii) to otherwise reduce the student-
teacher ratio in those grades Notwithstanding
the provisions of G.S ll5C-301(c), both the
maximum average class size for the grade span
kindergarten, first grade, and second grode,
and the maximum size of an individual class
within the grade span is Co be 26 students.
Session Laws 3000-67, s 28 2, provides: ");x-
cept for statutory changes or other provisions
Chat clearly indicate an intention to have effects
beyond hhe 2000-2001 fiscal year, the textual
provisions of this act apply only to funds appro-
priated for, and activiCies occurring during, the
2000-2001 fiscal year"
263
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