Local Plans For Alternative Schools/Alternative Learning Programs and Maintaining Safe and Orderly Schools.
§ 115C 105.45. Legislative findings.
The General Assembly finds that all schools should be safe, secure, and orderly. If students are to aim for academic excellence, it is imperative that there is a climate of respect in every school and that every school is free of disruption, drugs, violence, and weapons. All schools must have plans, policies, and procedures for dealing with disorderly and disruptive behavior.
All schools and school units must have effective measures for assisting students who are at risk of academic failure or of engaging in disruptive and disorderly behavior. (1997 443, s. 8.29(r)(1).)
§ 115C 105.46. State Board of Education responsibilities.
In order to implement this Article, the State Board of Education:
(1) Shall adopt guidelines for developing local plans under G.S. 115C 105.47.
(2) Shall provide, in cooperation with the Board of Governors of The University of North Carolina, ongoing technical assistance to the local school administrative units in the development, implementation, and evaluation of their local plans under G.S. 115C 105.47.
(3) May require a local board of education to withhold the salary of any administrator or other employee of a local school administrative unit who delays or refuses to prepare and implement local safe school plans in accordance with G.S. 115C 105.47.
(4) May revoke the certificate of the superintendent, pursuant to G.S. 115C 274(c), for failure to fulfill the superintendent's duties under a local safe school plan.
(5) Shall adopt policies that define who is an at risk student. (1997 443, s. 8.29(r)(1); 1999 397, s. 2; 2000 140, s. 22.)
§ 115C 105.47. Local safe school plans.
(a) Each local board of education shall develop a local school administrative unit safe school plan designed to provide that every school in the local school administrative unit is safe, secure, and orderly, that there is a climate of respect in every school, and that appropriate personal conduct is a priority for all students and all public school personnel. The board shall include parents, the school community, representatives of the community, and others in the development or review of this plan. The plan may be developed by or in conjunction with other committees.
(b) Each plan shall include each of the following components:
(1) Clear statements of the standard of behavior expected of students at different grade levels and of school personnel and clear statements of the consequences that will result from one or more violations of those standards. There shall be a statement of consequences for students under the age of 13 who physically assault and seriously injure a teacher or other individual on school property or at a school sponsored or school related activity. The consequences may include placement in an alternative setting.
(2) A clear statement of the responsibility of the superintendent for coordinating the adoption and the implementation of the plan, evaluating principals' performance regarding school safety, monitoring and evaluating the implementation of safety plans at the school level, and coordinating with local law enforcement and court officials appropriate aspects of implementation of the plan. The statement of responsibility shall provide appropriate disciplinary consequences that may occur if the superintendent fails to carry out these responsibilities. These consequences may include a reprimand in the superintendent's personnel file or withholding of the superintendent's salary, or both.
(3) A clear statement of the responsibility of the school principal for restoring, if necessary, and maintaining a safe, secure, and orderly school environment and of the consequences that may occur if the principal fails to meet that responsibility. The principal's duties shall include exhibiting appropriate leadership for school personnel and students, providing for alternative placements for students who are seriously disruptive, reporting all criminal acts under G.S. 115C 288(g), and providing appropriate disciplinary consequences for disruptive students. The consequences to the principal that may occur shall include a reprimand in the principal's personnel file and disciplinary proceedings under G.S. 115C 325.
(4) Clear statements of the roles of other administrators, teachers, and other school personnel in restoring, if necessary, and maintaining a safe, secure, and orderly school environment.
(5) Procedures for identifying and serving the needs of students who are at risk of academic failure or of engaging in disruptive or disorderly behavior.
(6) Mechanisms for assessing the needs of disruptive and disorderly students and students who are at risk of academic failure, and providing them with services to assist them in achieving academically and in modifying their behavior, and removing them from the classroom when necessary.
(7) Measurable objectives for improving school safety and order.
(8) Measures of the effectiveness of efforts to assist students at risk of academic failure or of engaging in disorderly or disruptive behavior. The measures shall include an analysis of the effectiveness of procedures adopted under G.S. 115C 105.48 for students referred to alternative schools and alternative learning programs.
(9) Professional development clearly matched to the goals and objectives of the plan. This professional development shall include a component to train appropriate school personnel in the management of disruptive or dangerous student behavior. Appropriate school personnel may include, but is not limited to, teachers, teacher assistants, school administrators, bus drivers, school resource officers, school psychologists, and school counselors. The training shall include instruction in positive management of student behavior, effective communication for defusing and deescalating disruptive or dangerous behavior, and safe and appropriate use of seclusion and restraint. The appropriate personnel with priority for the training shall include those staff members who are most likely to be called upon to prevent or address disruptive or dangerous student behavior. Each local board of education shall include in this component of its safe school plan procedures to evaluate the effectiveness of this training in preventing or addressing disruptive or dangerous student behavior. Local boards of education are encouraged to use available sources of discretionary revenue to implement the plan to train personnel in the management of disruptive or dangerous student behavior. Local boards may only be required to implement the behavior management training component of the plan to the extent that funds have been appropriated for this purpose by the General Assembly or by local units of government. By January 1, 2006, local boards of education shall amend their safe school plans to include this training component.
(10) A plan to work effectively with local law enforcement officials and court officials to ensure that schools are safe and laws are enforced.
(11) A plan to provide access to information to the school community, parents, and representatives of the local community on the ongoing implementation of the local plan, monitoring of the local plan, and the integration of educational and other services for students into the total school program.
(12) The name and role description of the person responsible for implementation of the plan.
(13) Direction to school improvement teams within the local school administrative unit to consider the special conditions at their schools and to incorporate into their school improvement plans the appropriate components of the local plan for:
a. maintaining safe and orderly schools; and
b. addressing the needs of students who are at risk of academic failure or who are disruptive or both.
(13a) A clear statement of the services that will be provided to students who are assigned to an alternative school or an alternative learning program.
(14) A clear and detailed statement of the planned use of federal, State, and local funds allocated for at risk students and alternative schools and alternative learning programs.
(15) Any other information the local board considers necessary or appropriate to implement this Article.
A local board may develop its plan under this section by conducting a comprehensive review of its existing policies, plans, statements, and procedures to determine whether they: (i) are effective; (ii) have been updated to address recent changes in the law; (iii) meet the current needs of each school in the local school administrative unit; and (iv) address the components required to be included in the local plan. The board then may consolidate and supplement any previously developed policies, plans, statements, and procedures that the board determines are effective and updated, meet the current needs of each school, and meet the requirements of this subsection.
Once developed, the board shall submit the local plan to the State Board of Education and shall ensure the plan is available and accessible to parents and the school community. The board shall provide annually to the State Board information that demonstrates how the At Risk Student Services/Alternative Schools Funding allotment has been used to (i) prevent academic failure and (ii) promote school safety.
(c) A local board may amend the plan as often as it considers necessary or appropriate. (1997 443, s. 8.29(r)(1); 1999 397, s. 2; 2005 205, s. 4.)
§ 115C 105.47A. Proposals to establish alternative learning programs or alternative schools.
(a) Before establishing any alternative learning program or alternative school, the local board of education shall develop a proposal to implement the program or school that includes all of the following:
(1) The educational and behavioral goals for students assigned to the program or school.
(2) The policies and procedures for the operation of the program or school based on the State Board's standards adopted under G.S. 115C 12(24). The policies and procedures shall address the assignment of students to the program or school.
(3) Identified strategies that will be used to improve student achievement and behavior.
(4) Documentation that similar programs and schools in or out of the State, or both, have demonstrated success in improving the academic achievement and behavior of students assigned to them.
(5) The estimated actual cost of operating the program or school. To the extent practicable, this shall include the cost of:
a. Staffing the program or school with teachers who have at least four years' teaching experience and who have received an overall rating of at least above standard on a formal evaluation and are certified in the areas and grade levels being taught;
b. Providing optimum learning environments, resources and materials, and high quality, ongoing professional development that will ensure students who are placed in the program or school are provided enhanced educational opportunities in order to achieve their full potential;
c. Providing support personnel, including school counselors, psychiatrists, clinical psychologists, social workers, nurses, and other professionals to help students and their families work out complex issues and problems;
d. Maintaining safe and orderly learning environments; and
e. Providing transitional supports for students exiting the program or school and reentering the referring school.
(6) Documented support of school personnel and the community for the implementation of the program or school.
(b) After the local board completes the proposal under subsection (a) of this section, the board shall submit the proposal to the State Board of Education for its review. The State Board shall review the proposal expeditiously and, if appropriate, may offer recommendations to modify the proposal. The local board shall consider any recommendations made by the State Board before implementing the alternative learning program or alternative school. (2005 446, s. 2.)
§ 115C 105.48. Placement of students in alternative schools/alternative learning programs.
(a) Prior to referring a student to an alternative school or an alternative learning program, the referring school shall:
(1) Document the procedures that were used to identify the student as being at risk of academic failure or as being disruptive or disorderly.
(2) Provide the reasons for referring the student to an alternative school or an alternative learning program.
(3) Provide to the alternative school or alternative learning program all relevant student records, including anecdotal information.
(b) When a student is placed in an alternative school or an alternative learning program, the appropriate staff of the alternative school or alternative learning program shall meet to review the records forwarded by the referring school and to determine what support services and intervention strategies are recommended for the student. The parents shall be encouraged to provide input regarding the students' needs. (1999 397, s. 2.)
No response has been received yet. But we can be hopeful that the NC State Board of Education may require interpretation of whether the manner by which the proposed program was presented to UCPS and CHS families is in compliance with the statute.
In an effort to demonstrate, per § 115C 105.47A (a) (6) that there is not “documented support of … the community for the implementation of the program or school.”, I have an online petition available. http://www.gopetition.com/petition/38273.html.
This petition in no way assures that we will be acknowledged, nor that it will precipitate any action by UCPS, UC Board of Education, or Mr. Jackson. But is a unifying tool that will demonstrate objection to the proposed Academy at Cuthbertson.