SUBCHAPTER 6D ‑ INSTRUCTION
SECTION .0100 ‑ CURRICULUM
16 ncac 06D .0101 DEFINITIONS
As used in this Subchapter:
(1) "Competency goals" means broad statements
of general direction or purpose.
(2) "Course unit" means at least 150 clock
hours of instruction for courses taught on a traditional schedule and at least
135 clock hours of instruction for courses taught on a block schedule. LEAs may
award credit for short courses in an amount corresponding to the fractional
part of a total unit.
(3) "Curriculum guide" means a document
prepared by the department for each subject or area of study listed in the
standard course of study and many commonly offered electives, including
competency goals, objectives and suggested measures.
(4) "Diploma" means that document by which
the LEA certifies that a student has satisfactorily completed all state and
local course requirements and has passed the North Carolina Competency Test.
(5) "Graduation" means satisfactory
completion of all state and local course requirements and achievement of a
passing score on the North Carolina Competency Test.
(6) "Measures" means a variety of suggestions
for ways in which the student may demonstrate ability to meet an objective.
(7) "Objective" means a specific statement of
what the student will know or be able to do.
(8) "Proper test administration" means
administration of tests adopted by the SBE for students, in accordance with
Section .0300 of this Subchapter.
(9) "Special education student" means a
student enrolled in or eligible for participation in a special educational
program.
(10) "Standard course of study" means the
program of course work which must be available to all public school students in
the state.
(11) "Transcript" means that document which
provides a record of:
(a) all courses completed and grades earned;
(b) scores achieved on standardized tests; and
(c) participation in special programs or any
other matter determined by the LEA.
History Note: Authority G.S. 115C-81;
Eff. July 1, 1986;
Amended Eff. April 1, 2002.
16 NCAC 06D .0102 BASIC EDUCATION
PROGRAM
History Note: Filed as a Temporary Amendment Eff.
August 12, 1991 for a period of 180 days to expire
on February 7, 1992;
Authority G.S. 115C‑12(9)c.; 115C‑81;
Eff. July 1, 1986;
Amended Eff. March 1, 1992;
Repealed Eff. June 1, 1996.
16 NCAC 06D .0103 GRADUATION REQUIREMENTS
History Note: Authority G.S. 115C‑12(9)c.; 115C‑81(a);
115C‑180; N.C. Constitution, Article IX, Sec. 5;
Eff. July 1, 1986;
Amended Eff. January 2, 1998; January 1, 1993; July 1,
1992;
Temporary Amendment Eff. April 24, 1998;
Temporary Amendment Expired February 9, 1999;
Amended Eff. August 1, 1999;
Repealed Eff. December 1, 1999.
16 NCAC 06D .0104 EXIT DOCUMENTS
History Note: Authority G.S. 115C‑12(9)c.;
Eff. July 1, 1986;
Repealed Eff. June 1, 1996.
16 NCAC 06D .0105 USE OF SCHOOL DAY
(a) Local boards of education are obligated both to assure
that materials presented to students during the school day are related to the
curriculum, and to preserve their discretion and the discretion of
administrators and teachers to determine, within the limits of the prescribed
curriculum, the materials to be presented to students during the school day and
the times during which materials selected will be presented. Therefore, no
local board of education may enter into a contract or agreement with any
person, corporation, association or organization which:
(1) limits or impairs its authority and
responsibility, or the authority and responsibility of administrators and
teachers, to determine the materials to be presented to students during the
school day; or
(2) limits or impairs its authority and
responsibility, or the authority and responsibility of administrators and
teachers, to determine the times during the school day when materials will be
presented to students.
(b) Local boards of education are obligated to assure that
students, as a consequence of the compulsory attendance laws, are not made a
captive audience for required viewing, listening to, or reading commercial
advertising. Therefore, no local board of education may enter into any
contract or agreement with any person, corporation, association or organization
pursuant to which students are regularly required to observe, listen to, or
read commercial advertising. This Rule does not prohibit local boards of
education, teachers or administrators from requiring students from time to time
to observe, listen to, or read educational materials that contain commercial
advertising. This Rule also shall not prohibit the regular study of
advertising as an academic subject.
(c) This Rule shall apply both retroactively and
prospectively. Any contract or agreement previously made in contravention of
this Rule is declared void and unenforceable.
History Note: Filed as a Temporary Amendment Eff.
February 19, 1990, for a period of 180 days to expire on
August 18, 1990;
Filed as a Temporary Rule Eff. February 8, 1990, for a
period of 180 days to expire on
August 7, 1990;
Authority N.C. Constitution, Article IX, Sec. 5; G.S.
115C‑1; 115C‑2; 115C‑12(9)c.; 115C‑81;
ARRC Objection Lodged February 15, 1990;
ARRC Objection Lodged March 15, 1990;
ARRC Objection Lodged June 21, 1990;
Eff. November 1, 1990.
16 NCAC 06D .0106 LIMITED ENGLISH PROFICIENCY PROGRAMS
(a) Each superintendent or his delegate shall:
(1) identify resources available to serve
limited English proficient students;
(2) coordinate programs and services to these
students and their parents in the local school administrative unit;
(3) report to the SBE information concerning
the identification, placement, and educational progress of these students; and
(4) report funding needs for the provision of
services to these students to the SBE.
(b) LEAs shall report annually to the SBE information
including but not limited to the number of students whose primary home language
is other than English, the number of limited English proficient students
identified and receiving services, the nature of the services, the number of
limited English proficient students receiving special education services and
services for the academically gifted, and data required to be reported to the
U.S. Department of Education.
(c) A home language survey shall be administered to every
student at the time of enrollment and maintained in the student's permanent
record. LEAs shall then identify and assess every limited English proficient
student who needs assistance in order to have access to the unit's
instructional programs. Each LEA which identifies limited English proficient
students who need assistance shall adopt an effective method of determining the
students' current level of English proficiency in order to determine what types
of assistance are needed. The method used may be a combination of the
following, unless some other method can be effectively substituted:
(1) teacher observations;
(2) teacher interview;
(3) achievement tests;
(4) review of student records;
(5) parent information;
(6) proficiency tests;
(7) English as a second language teacher
referral;
(8) student course grades;
(9) teacher referral or recommendation;
(10) criterion-referenced tests;
(11) grade retention or deficiency report;
(12) informal assessment or screening;
(13) portfolio-based assessment; and
(14) alternative assessments such as cloze and
dictation.
(d) LEAs shall adopt a program or programs for limited
English proficient students who need assistance which have a reasonable chance
of allowing students to progress in school. The program may be one of the
following unless some other method or process can be effectively substituted:
(1) English as a second language (ESL);
(2) bilingual education;
(3) programs which provide neither instruction
in the native language nor direct instruction in ESL but which adapt
instruction to meet the needs of these students.
Program entry criteria shall be developed which take into
account the student's educational background, English language proficiency,
native language proficiency, and content area knowledge. LEAs shall conduct a
program evaluation annually.
(e) LEAs shall adopt appropriate evaluative standards for
measuring the progress of limited English proficient students in school. In
order to determine when students no longer need assistance, the LEA shall
determine the content knowledge and language skills necessary for successful
functioning in the regular classroom. Then, multiple instruments as well as
teacher judgment may be used to evaluate English listening and speaking skills,
English literacy skills, and content area knowledge. The students shall not be
maintained in alternative language programs longer than necessary based on
program exit criteria but shall be monitored after exiting such programs for a
minimum of six months and additional academic and English language support
shall be provided if the students begin to have difficulty.
(f) LEAs shall monitor the progress of limited English
proficient students in English proficiency and in the BEP. When a limited
English proficient student is not making progress in school, the LEA shall
conduct an evaluation of the student's program and make modification as needed.
(g) Limited English proficient students shall participate
in the statewide testing programs in accordance with 16 NCAC 6D .0301.
(h) LEAs shall promote the involvement of parents of
students of limited English proficiency in the educational program of their
children. LEAs shall notify national origin minority group parents of school
activities which are called to the attention of other parents and these notices
shall be provided in the home language if feasible.
(i) LEAs shall ensure that limited English proficient
students are not assigned to or excluded from special education programs
because of their limited English language proficiency. Evaluation, placement,
and notification to parents of students with special needs shall be conducted
in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. '
1401 et seq. and its implementing regulations at 34 C.F.R. Part 300.
(j) LEAs shall ensure that limited English proficient
students are not categorically excluded from programs for the academically
gifted and other specialized programs or support services such as guidance and
counseling due to limited English proficiency.
(k) LEAs shall ensure that limited English proficient
students are educated in the least segregative manner based on the educational
needs of the student and these students shall be included in all aspects of the
regular school program in which they can perform satisfactorily.
(l) The Department shall monitor the progress of LEAs in
providing programs to all limited English proficient students using the same
procedures and standards as provided in Title I - Helping Disadvantaged
Children Meet High Standards, 20 U.S.C. ' 6301 et seq.
(m) The Department shall make available a list to all LEAs
of teachers licensed in English as a Second Language (ESL). ESL training and
add-on ESL licensure for teachers currently licensed in areas other than ESL is
an appropriate strategy to obtain qualified staff.
(n) Each LEA may consider joint agreements with other LEAs
to provide programs to limited English proficient students.
(o) Each LEA may coordinate services with those available
at local community colleges in order to maximize efficient delivery of services
to limited English proficient students and their parents.
(p) The Department shall administer the Teacher Education
Program Approval process so as to ensure that all participants have an opportunity
to gain an understanding of and develop strategies for addressing the
educational needs of limited English proficient students. The Department shall
work with IHEs to expand English as a Second Language teacher training
programs.
History Note: Authority G.S. 115C-12(9)c.; N.C.
Constitution, Article IX, Sec. 5; 20 U.S.C. 1703;
Eff. June 1, 1996.
SECTION .0200 ‑ TEXTBOOKS
16 NCAC 06D .0201 STATE TEXTBOOK COMMISSION
16 NCAC 06D .0202 TEXTBOOK BIDS AND CONTRACTS
16 NCAC 06D .0203 DISPOSITION OF OLD TEXTBOOKS
History Note: Authority G.S. 115C‑89;
Eff. July 1, 1986;
Repealed Eff. March 1, 1990.
16 NCAC 06D .0204 TEXTBOOK ADOPTION SCHEDULE
To ensure adequate time for the evaluation of textbooks
presented to the SBE for adopted for use in the public schools, the Textbook
Commission, the Department and the SBE shall adhere, to the extent practicable,
to the following schedule on and after January 1, 1990:
(1) January. The Superintendent of Public Instruction
will identify for the SBE all textbook contracts scheduled to expire during the
next calendar year, and recommend whether such contracts should be renewed or
new textbooks adopted the following year.
(2) March. The Superintendent will present for the
SBE's approval a review of the curriculum requirements as prescribed in the
Standard Course of Study and Competency Based Curriculum for the areas for
which textbooks are scheduled to be adopted that year.
(3) April. The Superintendent will present for the
SBE's approval the call letter and evaluation forms prepared by the Curriculum
Review Committee for the textbooks scheduled for adoption that year. The
Superintendent will forward approved call letters to publishers listed on the
Textbook Company Register and will forward approved evaluation forms to the
Textbook Commission.
(4) June. Textbook publishers will forward textbooks
presented by publishers for adoption to the Textbook Commission and other
recipients designated in the call letters.
(5) June 15 to August 1. The Regional Textbook
Evaluation Advisory Committees will evaluate textbooks under the direction of
the Textbook Commission.
(6) August and September. The Textbook Commission will
review the recommendations of the Regional Textbook Evaluation Advisory
Committees, and will prepare its recommendations to the SBE.
(7) October. The Textbook Commission will present its
recommendations to the SBE. The SBE will adopt textbooks.
(8) November and December. Local school systems review
adopted textbooks and identify textbooks to be ordered. Local school systems
will place orders before March 1 of the next year.
History Note: Authority G.S. 115C‑89;
Eff. March 1, 1990.
16 NCAC 06D .0205 CURRICULUM REVIEW COMMITTEE
(a) The Superintendent of Public Instruction shall appoint
a Curriculum Review Committee to advise him about criteria to be included in
each call letter to publishers requesting submission of textbooks for evaluation
and adoption, and the development of forms for evaluation of textbooks
presented for adoption.
(b) The Committee shall be organized and selected by the
Superintendent of Public Instruction. The Committee should include, in
addition to members of the Department of Public Instruction, representatives
from local school systems, the Textbook Commission and the community.
(c) The Committee shall begin performing its duties at
least one year before the issuance of letters to publishers calling for submission
of textbooks for evaluation and adoption.
(d) The Committee's responsibility is to help ensure that
textbooks presented for adoption are evaluated for their conformity to the
Standard Course of Study and the Competency Based Curriculum, and that the
textbooks adopted in fact conform to the Standard Course of Study and the
Competency Based Curriculum. The Committee shall develop criteria to be
included in each call letter and textbook evaluation forms that reflect the
requirements of the Standard Course of Study and the Competency Based
Curriculum.
(e) The Committee shall present the criteria and forms it
develops to the Superintendent of Public Instruction for review and approval,
and shall then present the criteria and forms to the SBE for review and
adoption.
History Note: Authority G.S. 115C‑89;
Eff. March 1, 1990.
16 NCAC 06D .0206 REGIONAL TEXTBOOK EVALUATION ADVISORY
COMMITTEES
(a) The Textbook Commission shall appoint Regional Textbook
Evaluation Advisory Committees for each of the state's educational districts
defined in G.S. 115C‑65. Members shall serve a one‑year term that
begins on January 1 and ends on December 31 of each year. The Textbook
Commission shall fill any vacancy for the remainder of the unexpired term.
Members shall serve at the pleasure of the Textbook Commission.
(b) All persons appointed to these committees by the
Textbook Commission shall be qualified by training and experience to evaluate
textbooks for use in the public schools. In appointing these committees, the
Textbook Commission shall consider the textbooks scheduled for adoption during
that year, and shall ensure appointment of specialists in the content and grade
levels of the areas for which textbooks are to be adopted.
(c) The Committees, using the evaluation forms developed by
the Curriculum Review Committee and their training and experience, assists the
Textbook Commission in the evaluation of textbooks presented for adoption.
Before beginning to evaluate textbooks, each member of the regional committee
shall participate in a comprehensive orientation and training session approved
by the Superintendent of Public Instruction and the chairman of the Textbook
Commission and presented under the direction of the Superintendent.
(d) Each regional committee, under the direction of a
member of the Textbook Commission assigned by the Chairman of the Textbook
Commission, shall meet and evaluate the textbooks presented for adoption.
Following these regional meetings, the Chairman of the Textbook Commission will
assign members of the regional committees to subject area committees. These
committees, using the criteria and forms developed by the Curriculum Review
Committee and approved by the SBE, shall meet, discuss and formalize their
recommendations to the Textbook Commission.
(e) The Superintendent will assign to members of the Department
the responsibility of assisting the regional committees in the performance of
their duties.
(f) Members of the regional committees shall perform all of
their prescribed duties between June 15 and August 1 of each year at times and
places designated by the Chairman of the Textbook Commission. Members of the
committees who are not under contract with a local school administrative unit
for the period between June 15 and August 1 shall receive a salary of one
hundred dollars ($100.00) per day for not more than ten days, plus
reimbursement for travel and subsistence expenses as allowed for state
employees. Committee members who are under contract with a local school
administrative unit between June 15 and August 1, are employed by the
Department of Public Instruction, or are employed by another state agency, will
receive their regular salaries and will be reimbursed for travel and
subsistence expenses only.
History Note: Authority G.S. 115C‑89;
Eff. March 1, 1990.
16 NCAC 06D .0207 TEXTBOOK COMMISSION
(a) Members of the Textbook Commission are appointed
according to the provisions of G.S. 115C‑87. In recommending persons for
appointment to the Commission, the Superintendent of Public Instruction is
requested to recommend and the Governor is requested to approve the appointment
of at least on member from each of the eight educational districts of the
state.
(b) The duties of the Textbook Commission are contained in
G.S. 115C‑88 and 115C‑89. Commission members shall make
recommendations for each textbook presented for adoption based on the
requirements of the call letter for the textbook as approved by the SBE. The
SBE shall prescribe the format for the Commission's recommendations to the SBE
for adoption of textbooks. The Superintendent of Public Instruction will
assign to members of the Department responsibility for assisting the Textbook
Commission in the performance of its duties.
(c) Before beginning to evaluate textbooks, commission
members shall participate in an orientation and training session planned by the
Chairman of the SBE and the Superintendent and presented under the direction of
the Superintendent. The Superintendent shall hold the orientation session as
soon as possible after the appointment of new members to the Commission or
after changes in the statutes and regulations relating to textbook adoptions.
(d) As prescribed in Rule .0206 of this Section, the
Textbook Commission appoints the members of the Regional Textbook Evaluation
Advisory Committees and directs them in the performance of their duties.
(e) The Commission may meet with representatives of
publishers to discuss the Commission's plans and procedures for adoption of
textbooks. At no time may the Commission or any of its members meet privately
with any publisher's representative.
History Note: Authority G.S. 115C‑89;
Eff. March 1, 1990.
16 NCAC 06D .0208 TEXTBOOK COMPANY REGISTER
(a) In accordance with G.S. 115C‑94, the
Superintendent of Public Instruction shall maintain a register of all
publishers who submit books for adoption by the SBE. The Superintendent shall
prescribe the information required for registration.
(b) Only registered companies will receive notice of
proposed textbook adoptions by the SBE.
(c) The Superintendent shall remove from the Textbook
Company Register any publisher whose representatives attempt to exercise undue
pressure of any kind to adopt its books upon a member of the Textbook
Commission, the Regional Textbook Evaluation Advisory Committees, the
Curriculum Review Committee, or the Department.
(d) The SBE shall direct the Superintendent of Public Instruction
to remove from the Textbook Company Register any publisher whose
representatives attempt to exercise undue pressure of any form upon a member of
the SBE to adopt its books.
History Note: Authority G.S. 115C‑89;
Eff. March 1, 1990.
16 NCAC 06D .0209 REQUESTS FOR TEXTBOOKS AND CONTRACTS
(a) Upon approval by the SBE, the Department will send a
request for textbooks, together with a proposed contract, to all publishers
listed in the Textbook Company Register, requesting the submission of textbooks
that conform to the requirements specified in the request and the proposed
contract.
(b) The SBE will adopt textbooks and award contracts based
on the following criteria:
(1) recommendations of the Textbook Commission;
(2) conformity with the request for the
textbooks and the proposed contract;
(3) conformity with the Standard Course of
Study and Competency Based Curriculum;
(4) price; and
(5) the needs of the public schools.
(c) The SBE reserves the right to reject any and all
textbooks for any reason it deems sufficient.
(d) Each publisher that is awarded a contract must file a
performance bond. The Superintendent of Public Instruction shall determine the
amount of the bond based on the costs of the textbooks, the publisher's past
performances, and such other factors as the Superintendent determines to be
relevant.
History Note: Authority G.S. 115C‑89;
Eff. March 1, 1990.
16 NCAC 06D .0210 DISPOSITION OF OLD TEXTBOOKS
LEAs may dispose of textbooks which are no longer listed on
the state‑adopted textbook list by sale, gift, or exchange. LEAs shall
remit the proceeds of sale to the Department. The Department shall credit these
proceeds to the LEA's textbook account.
History Note: Authority G.S. 115C‑89; 115C‑102(b);
Eff. March 1, 1990;
Amended Eff. August 1, 1999; June 1, 1992.
section .0300 - TESTING PROGRAMS
16 NCAC 06d .0301 TESTING REQUIREMENTS AND OPPORTUNITIES
(a) All public school students enrolled in the grades for
which the SBE adopts a test, including every child with disabilities, shall
participate in the testing program.
(b) Each LEA shall develop plans to provide and shall
provide remedial services to students enrolled in Grade 9 or above who fail any
of the competency reading or mathematics tests or a portion of the multiple
choice or performance computer skills tests, or who are identified as having a
high risk of failing. The LEA shall design the plan to meet the needs of
individual students. The LEA shall provide these students at least one
opportunity each school year up to and including the last month of the twelfth
grade to take any part of the tests that the student has not yet passed. A
student who attains a passing score, as defined in 16 NCAC 06D .0503, on a
portion of the tests shall not be required to retake that portion of the test.
History Note: Authority G.S. 115C-12(9)c.;
Eff. July 1, 1986;
Amended Eff. January 2, 2006; August 1, 1999; January 2,
1998; June 1, 1996.
16 ncac 06d .0302 TEST ADMINISTRATION
(a) Employees of the LEA shall administer tests to students
who are required or permitted to participate.
(b) The department shall supply the tests to the LEAs.
(c) LEAs shall:
(1) account to the department for all tests
received;
(2) provide a locked storage area for all tests
received;
(3) prohibit the reproduction of all or any
part of the test; and
(4) prohibit their employees from disclosing
the content of, or specific items contained in, the test to persons other than
authorized employees of the LEA.
(d) LEAs must monitor test administration procedures. If
school officials discover any instance of improper administration and determine
that the validity of the test results has been affected, they must notify the
local board of education and order the affected students to be retested.
(e) The Superintendent of Public Instruction may conduct
audits of LEAs if he receives written complaints which allege improper test
administration, and he may require the retesting of students.
(f) The department shall provide the mechanism for the
scoring of all North Carolina mandated tests. In addition the department shall
provide score interpretation services to the LEA.
(g) LEAs shall, at the beginning of each school year, provide
information to students and parents or guardians advising them of the
district-wide and state-mandated tests that students will be required to take
during that school year. In addition, LEAs shall provide information to the
students and parents or guardians to advise them of the dates the tests will be
administered and how the results from the tests will be used and the
consequences thereof. Also, information provided to parents about tests shall
include whether the SBE or the local board of education requires the test.
(h) LEAs shall report scores resulting from the
administration of district-wide and state-mandated tests to students and
parents or guardians along with available score interpretation information
within 30 days from generation of the score at the LEA level or from the
receipt of the score and interpretive documentation from the department.
(i) At the time the scores are reported for tests required
for graduation such as the high school competency tests, the computer skills
tests, and the high school exit exam, the LEA shall provide the information to
students and parents or guardians to advise whether or not the student has met
the standard for the test. If a student fails to meet the standard for the
test, the student and parents or guardians shall be informed at the time of
reporting, the date(s) when focused remedial instruction will be available and
the date of the next testing opportunity.
(j) In order to ensure adequate representation and the
generalizability of the data used to develop tests and to conduct evaluation
studies, selected LEAs and schools, determined by the department through random
stratified samples, shall participate in field testing and other sample testing
such as the National Assessment of Educational Progress (NAEP) and other
national or international assessments as designated by the department or the
SBE.
History Note: Authority G.S. 115C-12(9)c.;
Eff. July 1, 1986;
Amended Eff. May 1, 2001; August 1, 1999; June 1, 1996.
16 NCAC 06D .0303 ACCOUNTABILITY COORDINATOR
(a) The local superintendent shall designate one or more
persons to serve as the local testing coordinator and accountability
coordinator to assist in the local administration, reporting, and
interpretation of tests and other accountability measures.
(b) Coordinators must attend training sessions provided by
the Department on the subject of proper test administration, scanning and
scoring answer sheets and required processing of test materials. They must
then conduct similar sessions within the LEA to provide this instruction to
school-based test administrators and proctors. Coordinators shall arrange for
the scanning, scoring, and reporting of results from tests adopted by the SBE.
History Note: Authority G.S. 115C‑12(9)c.;
Eff. July 1, 1986;
Amended Eff. August 1, 1999; November 1, 1997.
16 NCAC 06D .0304 GRADE-LEVEL PROFICIENCY
History Note: Authority G.S. 115C-12(9)c.;
115C-81(b)(4);
Eff. November 1, 1995;
Repealed Eff. December 1, 1999.
16 ncac 06D .0305 end-of-course assessments
(a) The LEA shall include each student's end-of-course assessment
results in the student's permanent records and high school transcript.
(b) The LEA shall give each end-of-course assessment within
the final five days of the course on a block schedule and the final 10 days of
the course on a traditional schedule.
(c) LEAs shall use results from all operational
end-of-course assessments as at least 25% of the student's final grade for each
respective course. LEAs shall adopt policies regarding the use of end-of-course
assessment results in assigning final grades.
(d) Students who are enrolled for credit in courses in
which end-of-course assessments are required shall take the appropriate
end-of-course assessment.
(e) Students who are exempt from final exams by local board
of education policy shall not be exempt from end-of-course assessments.
(f) Each student shall take the appropriate end-of-course assessment
the first time the student takes the course even if the course is an honors or
advanced placement course.
(g) Students shall take the appropriate end-of-course assessment
at the end of the course or an alternate assessment regardless of the grade
level in which the course is offered.
(h) Students who are identified as failing a course for
which an end-of-course assessment is required shall take the appropriate
end-of-course assessment.
(i) Students may drop a course with an end-of-course
assessment within the first 10 days of a block schedule or within the first 20
days of a traditional schedule.
(j) Students who are enrolled in the Integrated Math
sequence shall take the Algebra I, Geometry, and Algebra II end-of-course
assessments. The LEA shall administer these assessments as follows:
(1) The Algebra I end-of-course assessment
shall be administered during the final five days of the Integrated Math II
course if taken on a block schedule or the final 10 days if taken on a
traditional schedule.
(2) The Geometry end-of-course assessment shall
be administered during the Integrated Math III course on a locally established
test date.
(3) The Algebra II end-of-course assessment
shall be administered during the final five days of the Integrated Math III
course if taken on a block schedule or the final 10 days if taken on a
traditional schedule.
History Note: Authority G.S. 115C-12(9)c.;
115C-81(b)(4);
Eff. November 1, 1997;
Amended Eff. October 1, 2006; January 2, 2006; April 1,
2002; September 1, 2001; August 1, 2000; August 1, 1999.
16 NCAC 06D .0306 TESTING CODE OF ETHICS
(a) This Rule shall apply to all public school employees
who are involved in the state testing program.
(b) The superintendent or superintendent's designee shall
develop local policies and procedures to ensure maximum test security in
coordination with the policies and procedures developed by the test publisher.
The principal shall ensure test security within the school building.
(1) The principal shall store test materials in
a secure, locked area. The principal shall allow test materials to be
distributed immediately prior to the test administration. Before each test
administration, the building level test coordinator shall accurately count and
distribute test materials. Immediately after each test administration, the
building level test coordinator shall collect, count, and return all test
materials to the secure, locked storage area.
(2) "Access" to test materials by
school personnel means handling the materials but does not include reviewing
tests or analyzing test items. The superintendent or superintendent's designee
shall designate the personnel who are authorized to have access to test
materials.
(3) Persons who have access to secure test
materials shall not use those materials for personal gain.
(4) No person may copy, reproduce, or
paraphrase in any manner or for any reason the test materials without the
express written consent of the test publisher.
(5) The superintendent or superintendent's
designee shall instruct personnel who are responsible for the testing program
in testing administration procedures. This instruction shall include test
administrations that require procedural modifications and shall emphasize the
need to follow the directions outlined by the test publisher.
(6) Any person who learns of any breach of
security, loss of materials, failure to account for materials, or any other
deviation from required security procedures shall immediately report that
information to the principal, building level test coordinator, school system
test coordinator, and state level test coordinator.
(c) Preparation for testing.
(1) The superintendent shall ensure that school
system test coordinators:
(A) secure necessary materials;
(B) plan and implement training for building level test
coordinators, test administrators, and proctors;
(C) ensure that each building level test coordinator and
test administrator is trained in the implementation of procedural modifications
used during test administrations; and
(D) in conjunction with program administrators, ensure
that the need for test modifications is documented and that modifications are
limited to the specific need.
(2) The principal shall ensure that building
level test coordinators:
(A) maintain test material security and accountability
of test materials;
(B) identify and train personnel, proctors, and backup
personnel for test administrations; and
(C) encourage a positive atmosphere for testing.
(3) Test administrators shall be school
personnel who have professional training in education and the state testing program.
(4) Teachers shall provide instruction that
meets or exceeds the standard course of study to meet the needs of the specific
students in the class. Teachers may help students improve test-taking skills
by:
(A) helping students become familiar with test formats
using curricular content;
(B) teaching students test-taking strategies and
providing practice sessions;
(C) helping students learn ways of preparing to take
tests; and
(D) using resource materials such as test questions from
test item banks, testlets and linking documents in instruction and test
preparation.
(d) Test administration.
(1) The superintendent or superintendent's
designee shall:
(A) assure that each school establishes procedures to
ensure that all test administrators comply with test publisher guidelines;
(B) inform the local board of education of any breach of
this code of ethics; and
(C) inform building level administrators of their
responsibilities.
(2) The principal shall:
(A) assure that school personnel know the content of
state and local testing policies;
(B) implement the school system's testing policies and
procedures and establish any needed school policies and procedures to assure
that all eligible students are tested fairly;
(C) assign trained proctors to test administrations; and
(D) report all testing irregularities to the school
system test coordinator.
(3) Test administrators and proctors shall:
(A) administer tests according to the directions in the
administration manual and any subsequent updates developed by the test publisher;
(B) administer tests to all eligible students;
(C) report all testing irregularities to the school
system test coordinator; and
(D) provide a positive test-taking climate.
(4) Proctors shall serve as additional monitors
to help the test administrator assure that testing occurs fairly.
(e) Scoring. The school system test coordinator shall:
(1) ensure that each test is scored according
to the procedures and guidelines defined for the test by the test publisher;
(2) maintain quality control during the entire
scoring process, which consists of handling and editing documents, scanning
answer documents, and producing electronic files and reports. Quality control
shall address at a minimum accuracy and scoring consistency;
(3) maintain security of tests and data files
at all times, including:
(A) protecting the confidentiality of students at all
times when publicizing test results; and
(B) maintaining test security of answer keys and
item-specific scoring rubrics.
(f) Analysis and reporting. Educators shall use test scores
appropriately. This means that the educator recognizes that a test score is
only one piece of information and must be interpreted together with other
scores and indicators. Test data help educators understand educational patterns
and practices. The superintendent shall ensure that school personnel analyze
and report test data ethically and within the limitations described in this
Paragraph.
(1) Educators shall release test scores to
students, parents, legal guardians, teachers, and the media with interpretive
materials as needed.
(2) Staff development relating to testing must
enable personnel to respond knowledgeably to questions related to testing,
including the tests, scores, scoring procedures, and other interpretive
materials.
(3) Items and associated materials on a secure
test shall not be in the public domain. Only items that are within the public
domain may be used for item analysis.
(4) Educators shall maintain the
confidentiality of individual students. Publicizing test scores that contain
the names of individual students is unethical.
(5) Data analysis of test scores for
decision-making purposes shall be based upon:
(A) disaggregation of data based upon student
demographics and other collected variables;
(B) examination of grading practices in relation to test
scores; and
(C) examination of growth trends and goal summary
reports for state-mandated tests.
(g) Unethical testing practices include, but are not
limited to, the following practices:
(1) encouraging students to be absent the day
of testing;
(2) encouraging students not to do their best
because of the purpose of the test;
(3) using secure test items or modified secure
test items for instruction;
(4) changing student responses at any time;
(5) interpreting, explaining, or paraphrasing
the test directions or the test items;
(6) reclassifying students solely for the
purpose of avoiding state testing;
(7) not testing all eligible students;
(8) failing to provide needed modifications
during testing, if available;
(9) modifying scoring programs including answer
keys, equating files, and lookup tables;
(10) modifying student records solely for the
purpose of raising test scores;
(11) using a single test score to make individual
decisions; and
(12) misleading the public concerning the results
and interpretations of test data.
(h) In the event of a violation of this Rule, the SBE may,
in accordance with the contested case provisions of G.S. 150B, impose any one
or more of the following sanctions:
(1) withhold ABCs incentive awards from
individuals or from all eligible staff in a school;
(2) file a civil action against the person or
persons responsible for the violation for copyright infringement or for any
other available cause of action;
(3) seek criminal prosecution of the person or
persons responsible for the violation; and
(4) in accordance with the provisions of 16
NCAC 6C .0312, suspend or revoke the professional license of the person or
persons responsible for the violation.
History Note: Authority G.S. 115C-12(9)c.; 115C-81(b)(4);
Eff. November 1, 1997;
Amended Eff. July 1, 2000.
SECTION .0400 - BEP SUPPORT SERVICES
16 NCAC 06D .0401 REQUIRED SUPPORT PROGRAMS
Each LEA shall
provide its students support services in the following areas:
(1) Pre-school
physical and developmental screening;
(2) School
counseling services;
(3) School social
work services;
(4) School
psychological services; and
(5) Health
services.
History Note: Authority G.S. 115C-12(9)c.; 115C-81;
Eff. July 1, 1995.
16 NCAC 06D .0402 SPECIAL HEALTH CARE SERVICES
(a) Each LEA
shall make available a registered nurse for assessment, care planning, and
on-going evaluation of students with special health care service needs in the
school setting. Special health care services include procedures that are
invasive, carry reasonable risk of harm if not performed correctly, may not
have a predictable outcome, or may require additional action based on results
of testing or monitoring.
(b) Care
planning includes but is not limited to:
(1) identification
of appropriate person(s) to perform the procedure;
(2) teaching
those persons to perform the procedure; and
(3) identification
of a mechanism for registered nurses or other persons qualified by state law to
plan and implement such health to provide ongoing supervision to ensure the
procedure is performed appropriately and monitoring the student's response to
care provided in the school setting.
(c) To assure
that these services are provided, LEAs shall have the flexibility to hire
registered nurses, to contract with individual registered nurses, to contract
for nursing services through local health departments, home care organizations,
hospitals and other providers, or to negotiate coverage for planning and
implementing these services with the licensed physician, nurse practitioner, or
physician assistant prescribing the health care procedure.
(d) LEAs shall
implement this Rule in compliance with the provisions of G.S. 115C-307(c).
History Note: Authority G.S. 115C-12(9)c.; 115C-81;
115C-307(c);
Eff. July 1, 1995.
section .0500 - DEFINITIONS
16 NCAC 06D .0501 DEFINITIONS
As used in this Subchapter:
(1) "adequate progress" shall mean student
performance at or near grade level as indicated by student work, assessment
data, and other evaluation information.
(2) "focused intervention" shall mean help
for students in attaining competency goals and objectives. The help or
assistance shall be based on a diagnosis of what the student knows and is able
to do. The strategies for helping the student shall be based on the diagnosis
of the student's work.
(3) "grade level proficiency" shall mean
Level III or above on end-of-grade assessments in reading and mathematics in
grades 3-8. In grades K-2, teachers shall identify those students who are not
performing at grade-level expectations. The levels of student performance shall
be defined as follows:
(a) "Level I" shall mean that the
student fails to achieve at a basic level. Students performing at this level do
not have sufficient mastery of knowledge and skills in this subject area to be
successful at the next grade level.
(b) "Level II" shall mean that the
student achieves at a basic level. Students performing at this level
demonstrate inconsistent mastery of knowledge and skills in this subject area
and are minimally prepared to be successful at the next grade level.
(c) "Level III" shall mean that the
student achieves at a proficient level. Students performing at this level
consistently demonstrate mastery of grade level subject matter and skills and
are well prepared for the next grade level.
(d) "Level IV" shall mean that the
student achieves at an advanced level. Students performing at this level
consistently perform in a superior manner clearly beyond that required to be
proficient at grade level work.
(4) "instructionally sound" shall mean a
practice or strategy that reflects research findings and the achievement needs
of students. The practice shall take into account student learning styles,
effective delivery of content and skills, diagnosis, monitoring, and evaluation.
History Note: Authority G.S. 115C-12(9b);
115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;
Eff. December 1, 1999;
Amended Eff. January 2, 2006; April 1, 2005.
16 ncac 06d .0502 Student Accountability Standards
(a) Gateway 1—Grade 3. In addition to meeting local
promotion requirements, students in grade 3 shall demonstrate proficiency by
having assessment scores at Level III or above on end-of-grade assessments in
both reading and mathematics. Students who score at Level III or above and who
meet all local promotion requirements shall be promoted to grade 4 unless the
school principal shall determine otherwise in consultation with teacher(s).
These requirements shall become effective with the 2001-02 school year.
(b) Gateway 2—Grade 5. In addition to meeting local
promotion requirements, students in grade 5 shall demonstrate proficiency by
having assessment scores at Level III or above on end-of-grade assessments in
both reading and mathematics. Additionally, LEAs shall use the grade 4 writing
assessment as a screen to determine whether students are making adequate
progress in developing writing skills. If a student has not scored at or above
grade level proficiency as defined in Rule .0501(3) of this Section on the
grade 4 writing assessment, the school shall provide intervention and
assistance to develop writing skills. The principal and teacher(s) shall use
locally developed and scored writing samples during grade 5 to determine if
students have made adequate progress in order to be promoted to grade 6.
Students who score at Level III or above on reading and mathematics, who meet
all local promotion standards, and who make adequate progress in writing shall
be promoted to grade 6, unless the school principal shall determine otherwise
in consultation with teacher(s).
(c) Gateway 3—Grade 8. In addition to meeting local
promotion requirements, students in grade 8 shall demonstrate proficiency by
having assessment scores at Level III or above on an end-of-grade assessment in
both reading and mathematics. Additionally, the LEA shall use the grade 7
writing assessment as a screen to determine whether students are making
adequate progress in developing writing skills. If a student has not scored at
or above grade level proficiency as defined in Rule .0501(3) of this Section on
the grade 7 writing assessment, the school shall provide intervention and
assistance to develop writing skills. The principal and teacher(s) shall use
locally developed and scored writing samples during grade 8 to determine if
students have made adequate progress to be promoted to grade 9. Students who
score at Level III or above on reading and mathematics, who meet all local
promotion standards, and who make adequate progress in writing shall be
promoted to grade 9 unless the school principal shall determine otherwise in
consultation with teacher(s).
(d) Gateway 4—Grade 12. Students shall meet state
graduation requirements as defined by Rule .0503 of this Section and local
school board requirements to receive a North Carolina high school diploma.
History Note: Authority G.S. 115C-12(9b);
115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;
Eff. December 1, 1999;
Amended Eff. January 2, 2006; August 1, 2001.
16 ncac 06d .0503 state GRADUATION REQUIREMENTS
(a) In order to graduate and receive a high school diploma,
public school students shall meet the requirements of Paragraph (e) of this
Rule and shall attain passing scores on competency tests adopted by the SBE and
administered by the LEA. The passing score for the competency test, which is
the same as grade-level proficiency as set forth in Rule .0502 of this
Subchapter, shall be level III or higher.
(b) Students who satisfy all state and local graduation
requirements but who fail the competency tests shall receive a certificate of
achievement and transcript and shall be allowed by the LEA to participate in
graduation exercises.
(c) Special education students, other than students who are
following the occupational course of study in Paragraph (e)(1)(D) of this Rule,
may apply in writing to be exempted from taking the competency tests. Before it
approves the request, the LEA must assure that the parents, or the child if
aged 18 or older, understand that each student must pass the competency tests
to receive a high school diploma.
(d) Any student who has failed to pass the competency tests
by the end of the last school month of the year in which the student's class
graduates may receive additional remedial instruction and continue to take the
competency tests during regularly scheduled testing until the student reaches
maximum school age. Special education students who are following the
occupational course of study in Paragraph (e)(1)(D) of this Rule shall not be
required to pass the competency test or the exit exam referred to in 16 NCAC
06D .0502(d)(2) in order to graduate and receive a diploma.
(e) In addition to the requirements of Paragraph (a) of
this Rule, students must successfully complete 20 course units in grades 9-12
as specified below.
(1) Effective with the class entering ninth
grade for the first time in the 2000-2001 school year, students shall select
one of the following four courses of study:
NOTE: All students are encouraged,
but not required, to include at least one elective course in arts education.
Unless included as career/technical education credits in the career preparation
course of study, courses in R.O.T.C. qualify for credit as electives in any of
the courses of study.
(A) career preparation, which shall include:
(i) four credits in English language arts, which
shall be English I, II, III, and IV;
(ii) three credits in mathematics, one of which
shall be algebra I (except as limited by G.S. 115C-81(b));
(iii) three credits in science, which shall include
biology, a physical science, and earth/environmental science;
(iv) three credits in social studies, which shall be
Civics and Economics, U.S. history, and World history:
(v) one credit in health and physical education;
(vi) four credits in career/technical education,
which shall be in a career concentration or pathway that leads to a specific
career field and which shall include a second-level (advanced) course; or four
credits in one of the four disciplines in arts education: theatre, music,
visual arts, or dance; or four credits in R.O.T.C.;
(vii) two elective credits; and
(viii) other credits designated by the LEA.
(B) college technical preparation, which shall include:
(i) four credits in English language arts, which
shall be English I, II, III, and IV;
(ii) three credits in mathematics, which shall be
either algebra I, geometry, and algebra II; or algebra I, technical mathematics
I, and technical mathematics II; or integrated mathematics I, II, and III;
(iii) three credits in science, which shall include
biology, a physical science, and earth/environmental science;
(iv) three credits in social studies, which shall be
Civics and Economics, U.S. history, and World history:
(v) one credit in health and physical education;
(vi) four credits in career/technical education,
which shall be in a career concentration or pathway that leads to a specific
career field and which shall include a second-level (advanced) course;
(vii) two elective credits; and
(viii) other credits designated by the LEA.
NOTE: A student who
is pursuing this course of study may also meet the requirements of a
college/university course of study by completing one additional mathematics
course for which Algebra II is a prerequisite and, effective with the class
entering the ninth grade for the first time in the 2002-03 school year, two
credits in the same second language.
(C) college/university preparation, which shall include:
(i) four credits in English language arts, which
shall be English I, II, III, and IV;
(ii) three credits in mathematics, which shall be
algebra I, algebra II, and geometry or a higher level course for which algebra
II is a prerequisite; or integrated mathematics I, II, and III; however,
effective with the class entering the ninth grade for the first time in the
2002-03 school year, this requirement shall become four credits in mathematics,
which shall be algebra I, algebra II, geometry, and a higher level course for
which algebra II is a prerequisite; or integrated mathematics I, II, III, and one
course beyond integrated mathematics III;
(iii) three credits in science, which shall include
biology, a physical science, and earth/environmental science;
(iv) three credits in social studies, which shall be
Civics and Economics, U.S. history, and World history:
(v) one credit in health and physical education;
(vi) two credits in the same second language or
demonstration of proficiency in a language other than English as determined by
the LEA;
(vii) four elective credits, except that effective
with the class entering the ninth grade for the first time in the 2002-03
school year, this shall be reduced to three elective credits; and
(viii) other credits designated by the LEA.
(D) occupational, which shall include:
(i) four credits in English language arts, which
shall be Occupational English I, II, III, and IV;
(ii) three credits in mathematics, which shall be
Occupational Mathematics I, II, and III;
(iii) two credits in science, which shall be Life
Skills Science I and II;
(iv) two credits in social studies, which shall be
Government/U.S. History and Self-Advocacy/Problem Solving;
(v) one credit in health and physical education;
(vi) six credits in occupational preparation
education, which shall be Occupational Preparation I, II, III, IV, 300 hours of
school-based training, 240 hours of community-based training, and 360 hours of
paid employment;
(vii) four vocational education elective credits;
(viii) computer proficiency as specified in the student's
IEP;
(ix) a career portfolio; and
(x) completion of the student's IEP objectives.
(2) Effective with the class entering ninth
grade for the first time in the 2006-2007 school year, students who are
following the career preparation, college technical preparation, or
college/university preparation courses of study shall meet the following exit
standards:
(A) successfully complete a senior project that is
developed, monitored, and scored within the LEA using state-adopted rubrics;
and
(B) score at proficiency level III or above on the
end-of-course assessment for English I, U.S. History, Biology, Civics and
Economics, and Algebra I. A student who does not score at proficiency level III
or above on the end-of-course assessment for any of these courses but who
passes the course shall be offered the opportunity to retake the assessment no
later than three weeks from the receipt of assessment results. If the student
does not score at or above proficiency level III on the retest, school
officials shall apply the review process described in Rule .0504 of this
Section to provide focused intervention, a second retest opportunity, and a
review of the student's documentation to determine whether the student has met
the exit standard for the course. The principal shall make the final decision
as to whether the student has met the exit standard.
(3) LEAs may count successful completion of
course work in the ninth grade at a school system which does not award course
units in the ninth grade toward the requirements of this Rule.
(4) LEAs may count successful completion of
course work in grades 9-12 at a summer school session toward the requirements
of this Rule.
(5) LEAs may count successful completion of
course work in grades 9-12 at an off-campus institution toward the
locally-designated electives requirements of this Rule. 23 NCAC 02C .0305
shall govern enrollment in community college institutions.
(f) Effective with the class of 2001, all students must
demonstrate computer proficiency as a prerequisite for high school graduation.
The passing scores for this proficiency shall be 47 on the multiple choice test
and 49 on the performance test. This assessment shall begin at the eighth
grade. A student with disabilities shall demonstrate proficiency by the use of
a portfolio if this method is required by the student's IEP.
(g) Special needs students as defined by G.S. 115C-109,
excluding gifted and pregnant, who do not meet the requirements for a high
school diploma shall receive a graduation certificate and shall be allowed to
participate in graduation exercises if they meet the following criteria:
(1) successful completion of 20 course units by
general subject area (4 English, 3 math, 3 science, 3 social studies, 1 health
and physical education, and 6 local electives) under Paragraph (e) of this
Rule. These students are not required to pass the specifically designated
courses such as Algebra I, Biology or United States history; and
(2) completion of all IEP requirements.
History Note: Authority G.S. 115C-12(9b);
115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;
Eff. December 1, 1999;
Amended Eff. January 2, 2006; April 1, 2005; September 1,
2002; December 1, 2001; December 1, 2000.
16 NCAC 06D .0504 REVIEW PROCEDURES
For students who do not score at Level III or above on the
reading and mathematics tests and for students in Grades 5 and 8 who are not
making adequate progress in developing writing skills, the school district
shall follow these procedures to determine if students are performing at grade
level and are able to succeed at the next grade:
(1) Students who score below Level III on an
end-of-grade test shall be given a second test no later than three weeks from
the receipt of test results. Parents may request that their child be excused
from the second administration of the test. In this case, the parents and child
shall be deemed to have accepted participation in focused intervention.
(2) Teachers or parents may request a promotion for
students who score below Level III on an end-of-grade test after the second or
third test administration. Teachers shall provide documentation of the
students= performance during a review process. Documentation may include:
(a) student work samples,
(b) other test data,
(c) information supplied by parents,
(d) for students with disabilities, information
that is included in the individualized education program (IEP).
(e) other information that verifies that a
student is at grade level. Students with disabilities shall be at grade level
or be making adequate progress to meet requirements at grade level.
(3) Students who are not promoted after the second or
third administration of the test shall be given focused intervention of a time
period that is instructionally sound. Strategies may include, but are not
limited to, alternative learning models, special homework, smaller classes,
tutorial sessions, extended school day, Saturday school, modified instructional
programs, parental involvement, summer school instruction, or retention.
(4) The LEA shall appoint a committee to review student
promotion requests. This committee shall be composed of teachers and either
principals from other schools or central office staff and shall make
recommendations to the student=s principal about whether the student should be
promoted to the next grade. This recommendation shall be based on documentation
presented by teachers on behalf of the student. Special education personnel
shall be on the committee if a student with a disability is being considered
for a promotion. Parents of any student being presented for review shall have
the right to be a non-voting participant, and further shall have the right to
speak on behalf of their child.
History Note: Authority G.S. 115C-12(9b);
115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;
Eff. December 1, 1999.
16 NCAC 06D .0505 LOCAL ACCOUNTABILITY PROCEDURES
(a) Promotion decisions shall be made according to local
policy and discretion, but shall include statewide student accountability
standards at grades 3, 5, 8 and high school. At a minimum, each local board of
education shall adopt procedures to ensure that students are treated fairly.
The policy shall recognize the statutory authority of the principal to make
promotion decisions.
(b) Local boards of education policies shall be consistent
with statewide student accountability policies. The policies shall include
notification and involvement of parents and agreement of parental expectations
signed by parents or guardians.
(c) School districts shall provide focused intervention to
all students who do not meet statewide student accountability standards. This
intervention shall involve extended instructional opportunities that are
different and supplemental and that are specifically designed to improve these
students' performance to grade level proficiency. Students who do not meet
promotion standards shall have personalized education plans with the following
components: diagnostic evaluation, intervention strategies, and monitoring
strategies. Strategies may include, but are not limited to, alternative
learning models, special homework, smaller classes, tutorial sessions, extended
school day, Saturday school, modified instructional programs, parental
involvement, summer school instruction, or retention.
(d) LEAs and schools shall report annually to the
Department their progress in increasing the number of students who meet the
standard for grade-level promotion. LEAs and schools shall use percentages of
students who are above grade-level proficiency and of those who have moved from
Level I to Level II to compare progress from year to year. Annually, local
boards of education shall report the following information by race, ethnicity,
exceptionality, and socio-economic status to the State Board of Education:
(1) number and percent of students promoted by
school who did not score at Level III or above on the designated tests at
gateways 1, 2, and 3;
(2) number and percent of students who have
moved across achievement levels in reading and mathematics at gateways 1, 2,
and 3.
(e) The NC standardized high school transcript shall
certify a level of proficiency in high school courses through both grades and
test scores. Test scores must be recorded on the standardized transcript. In
order to inform parents and students of student progress, LEAs shall issue the
transcript to students at the end of each year.
(f) End-of-course test results shall be used as part of the
student's final grade as provided in Rule .0305(c) of this Subchapter.
History Note: Authority G.S. 115C-12(9b);
115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;
Eff. December 1, 1999;
Amended Eff. April 1, 2005.
16 NCAC 06D .0506 STUDENTS WITH DISABILITIES
(a) Unless exempted pursuant to Paragraph (b) of this Rule,
all students with disabilities shall participate in the statewide student
accountability promotion standards for elementary, middle, and high school levels.
(b) Students with disabilities may be exempted from the
statewide student accountability promotion standards by the IEP team, including
the principal or school district representative. These students shall
demonstrate evidence of progress on alternate assessments. Alternate
assessments shall be performance measures that assess the educational progress
of students with disabilities who are unable to participate in the general
large-scale assessment system even when accommodations are provided to the
student.
(c) All interventions/remediation and other opportunities,
benefits and resources that are made available to students without disabilities
shall be made available to students with disabilities who participate in the
student promotion standards. All services offered shall be in addition to the
special education services provided to the student.
History Note: Authority G.S. 115C-12(9b);
115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;
Eff. December 1, 1999;
Amended Eff. April 1, 2005.
16 NCAC 06D .0507 STUDENTS WITH LIMITED ENGLISH
PROFICIENCY
Students of limited English proficiency shall meet the same
standards as all students. However, in accordance with federal law, English
language proficiency cannot be the factor that determines that a student has
not met performance standards at each gateway. Therefore, LEAs shall use the
following guidelines:
(1) Gateways 1, 2, and 3:
(a) If a student scores below advanced in
reading or writing on the state English language proficiency assessment, the
student may be eligible for a waiver from the test standard for promotion
through no more than two consecutive gateways.
(b) A local teacher or administrator or the
student's parent or legal guardian must request the waiver. The person making
the request for a waiver must submit evidence of student work to a local
committee of teachers and administrators to determine if:
(i) the student's English language proficiency
is the cause of the student's inability to perform at grade level on the required
tests; and
(ii) documentation indicates that the student is
making adequate progress in all academic areas to be promoted to the next
level.
(2) Gateway 4, High School Graduation Requirements.
Limited English proficient students shall meet the same standards as all
students for high school graduation.
(3) School districts shall provide focused intervention
for these students until they have met statewide promotion standards and high
school graduation requirements (up to age 21). This intervention shall involve
extended, supplemental instructional opportunities that include assistance in
the development of English language proficiency. These students shall have
personalized education plans with the following components: diagnostic
evaluation, intervention strategies, and monitoring strategies.
History Note: Authority G.S. 115C-12(9b);
115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;
Eff. December 1, 1999;
Amended Eff. April 1, 2005.
16 NCAC 06D .0508 NC GENERAL ASSEMBLY'S READ TO ACHIEVE
PROGRAM
(a) Local education agencies (LEAs) shall enact third grade
retention and promotion policies consistent with G.S. 115C-83.1, 83.3, and
83.7.
(b) Pursuant to G.S. 115C-83.3(2), LEAs shall use the Read
to Achieve test as the alternative assessment in connection with G.S. 115C-83.7
and 83.8.
History Note: Authority G.S. 115C-83.1; 115C-83.3; 115C-83.7;
115C-83.8;
Eff. July 1, 2014.
