Section .0100 ‑ Curriculum

Link to law: http://reports.oah.state.nc.us/ncac/title 16 - public instruction/chapter 06 - elementary and secondary education/subchapter d/subchapter d rules.html
Published: 2015

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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.