IMPLEMENTATION & PROCEDURES

ALTERNATIVE EDUCATION LEGISLATION FROM 1999 SESSION OF NC GENERAL ASSEMBLY

Brief Summary from HB 168 and SB 1099; effective July 1, 1999, unless noted

Local Responsibilities:

1. Each local board of education shall
   • establish at least one alternative school or program (Effective July 1, 2000; SBE may grant waivers.)
   • adopt guidelines for assigning students to their alternative school(s) / program(s) and are encouraged to incorporate them in local safe school plans
   • consider the State Boardâs policies and guidelines in the development of their own
   Reference: GS 115C-47 (32a) amended by HB 168

2. Guidelines adopted by local boards of education for assigning students to a districtâs alternative school(s) and/or program(s) shall include
   1. a description of the programs and services to be provided,
   2. process for ensuring that the assignment is appropriate for the student and that the studentâs parents are involved in the decision, and
   3. strategies for providing alternative learning programs, when feasible and appropriate, for students who are subject to long-term suspension or expulsion.
   Reference: GS 115C-47 (32a) amended by HB 168

3. Prior to referring a student to an alternative school or program the referring school shall (effective January 1, 2000)
   • document the procedures that were used to identify the student as being at risk of academic failure or as being disruptive or disorderly
   • provide the reasons for referring the student
   • provide to the alternative school or program all relevant student records, including anecdotal information
   Reference: Part of new statute added by SB1099--GS 115C-105.48 (a.1-3)

4. When a student is placed the appropriate staff in the alternative school or program shall meet to review the records forwarded by the referring school and to determine what support services and intervention strategies are recommended for the student. (Effective January 1, 2000)
   Reference: Part of new statute added by SB 1099--GS 115C-105.48 (b)

5. The parents shall be encouraged to provide input regarding studentsâ needs while enrolled in an alternative school or program. (Effective January 1, 2000)
   Reference: Part of new statute added by SB 1099÷GS 115C-105.48 (b)

6. Local school improvement plans: Strategies for improving student performance shall include a plan that specifies effective instructional practices and methods to be used to improve the academic performance of students identified as at risk of academic failure or at risk of dropping out of school.
   Reference: GS 115C-105.27 amended by SB 1099

7. The following are additional aspects (see bold italics) of the required 15 components that each local safe school plan shall include:
   • Mechanisms for assessing the needs of disruptive and disorderly students and students who are at risk of academic failure·
   • Measures of the effectiveness of efforts to assist students at risk of academic failure or of engaging in disorderly or disruptive behavior. The measures shall include an analysis of the effectiveness of procedures for students referred to alternative schools and programs.
   • Direction to school improvement teams ·to consider the special conditions at their schools and incorporate into safe school plans components for maintaining safe and orderly schools and for addressing the needs of students who are at risk of academic failure or who are disruptive or both.
   • A clear statement of the services that will be provided to students who are assigned to an alternative school or program.
   • A clear and detailed statement of the planned use of federal, State, and local funds allocated for at-risk students, alternative schools, and alternative learning programs.
   Reference: GS 115C-105.47 (b 6,8, 13, 13a, 14) amended by SB 1099

8. Funds allocated in the Alternative Schools/At-Risk Student allotment shall be spent only for at-risk students, alternative schools/programs, and school safety programs.
   Reference: GS 115C-105.25 (b) amended by HB 168

9. [Local boards shall report annually to SBE how these funds were used to (i) prevent academic failure and (ii) promote school safety. - Related existing legislation, GS 115C-105.47 (b), last paragraph]

10. Urge local boards to adopt policies that prohibit assignment of any professional staff member who has received within the last three years a rating on a formal evaluation that is less than above standard.
    Reference: GS 115C-47 (32a) amended by HB 168

11. Local boards shall assess on a regular basis whether alternative schools / programs
    • incorporate best practices for improving student academic performance and reducing disruptive behavior,
    • are staffed with professional public school employees who are well trained,
    • provide appropriate staff development,
    • are organized to provide coordinated services, and
    • provide students with high quality and rigorous academic instruction.
    Reference: GS 115C-47 (32a) amended by SB 1099

State Responsibilities:

1. The SBE may grant requests received from local boards for waivers of State laws, rules, or policies that require each local school administrative unit provide at least one alternative school or program.
   Reference: GS 115C-105.26 amended by HB 168 adding the new section (c1) above

2. Through its accountability system developed under GS 115C-105.35, the SBE shall measure the educational performance and growth of students placed in alternative schools /programs. If appropriate, the Board may modify this system to adapt the specific characteristics of these schools.
   Reference: GS 115C-12 (24) amended by SB 1099

3. The SBE shall review the qualifications of teachers assigned to alternative schools and programs and include this information in the annual report to the Joint Legislative Education Oversight Committee (JLEOC) on alternative schools and programs prior to the 2000 session of the General Assembly.
   Reference: GS 115C-12 amended by HB 168

4. The SBE shall adopt policies that define what constitutes an alternative school and an alternative learning program.
   Reference: GS 115C-12 (24) amended by HB 168

5. The SBE shall adopt policies that define who is an at-risk student.
   Reference: GS 115C-105.46 amended by SB 1099

6. [Local boards shall report annually to SBE how these funds were used to (i) prevent academic failure and (ii) promote school safety. - Related existing legislation, GS 115C-105.47 (b), last paragraph]

7. Section 2 of SB 1099 states that ARTICLE 8C of Chapter 115C of the General Statutes reads as rewritten: Local Plans for Alternative Schools/Alternative Learning Programs and Maintaining Safe and Orderly Schools (changes in bold). Related changes (already noted) impact SBE responsibilities to implement this article. Therefore, the legislation clarifies that the SBE

1. shall adopt guidelines for developing local plans under the newly amended GS 115C-105.47.
2. shall provide, in cooperation with the Board of Governors of The University of North Carolina, ongoing technical assistance to the local school administrative units in the development, implementation, and evaluation of their local plans under the newly amended GS 115C-105.57.
3. may require a local board of education to withhold the salary of any administrator or other employee of a local school administrative unit who delays or refuses to prepare and implement local safe school plans in accordance with the newly amended GS 115C-105.47.
4. may revoke the certificate of the superintendent, pursuant to GS 115C-274(c), for failure to fulfill the superintendentâs duties under a local safe school plan.
Reference: GS 115C-105.46 (1-4) amended by SB 1099

Guidelines for Developing Alternative Learning Programs

If you follow the legislation as they are included, guidelines may be garnered.