H.B. 1096
GENERAL ASSEMBLY OF NORTH CAROLINA
May 14, 2020
SESSION 2019 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40587-MKa-228
Short Title: UNC Omnibus Changes/UNC Funds. (Public)
Sponsors: Representative Fraley.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE VARIOUS CHANGES AND PROVIDE FOR FUNDS RELATED TO
3 THE UNIVERSITY OF NORTH CAROLINA SYSTEM.
4 The General Assembly of North Carolina enacts:
5
6 PART I. NC PROMISE TUITION PLAN/FUTURE FUNDS
7 SECTION 1. It is the intent of the General Assembly to appropriate from the General
8 Fund to the Board of Governors of The University of North Carolina the following additional
9 funds for the purpose of the "buy down" of any financial obligations incurred by Elizabeth City
10 State University, the University of North Carolina at Pembroke, and Western Carolina University
11 for the NC Promise Tuition Plan established pursuant to G.S. 116-143.11:
12 (1) For the 2021-2022 fiscal year, the sum of five million dollars ($5,000,000) in
13 recurring funds.
14 (2) For the 2022-2023 fiscal year, the sum of four million dollars ($4,000,000) in
15 recurring funds.
16 (3) For the 2023-2024 fiscal year, the sum of three million four hundred thousand
17 dollars ($3,400,000) in recurring funds.
18 (4) For the 2024-2025 fiscal year, the sum of three million dollars ($3,000,000)
19 in recurring funds.
20 For the 2024-2025 fiscal year and subsequent fiscal years, it is the intent of the
21 General Assembly that the net appropriation for the "buy down" of any financial obligations
22 incurred by Elizabeth City State University, the University of North Carolina at Pembroke, and
23 Western Carolina University for the NC Promise Tuition Plan established pursuant to
24 G.S. 116-143.11 shall not exceed the sum of eighty-one million four hundred thousand dollars
25 ($81,400,000) in recurring funds.
26
27 PART II. REPEAL BOG MANDATORY REVIEW OF CERTAIN UNC HUMAN
28 RESOURCES ACTIONS
29 SECTION 2. G.S. 116-17.3 is repealed.
30
31 PART III. UNC LABORATORY SCHOOL MODIFICATIONS/FUNDS
32 SECTION 3.(a) G.S. 116-239.5(a) reads as rewritten:
33 "(a) The Board of Governors, upon recommendation by the President, shall designate at
34 least nine constituent institutions to submit proposals to establish at least nine laboratory schools
35 in total to serve public school students in accordance with the provisions of this Article. The
36 Board of Governors shall select constituent institutions with high-quality educator preparation
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 General Assembly Of North Carolina Session 2019
1 programs as demonstrated by the annual performance measures reported by the constituent
2 institutions in accordance with G.S. 115C-296.35. The Board of Governors' Subcommittee on
3 Laboratory Schools established under G.S. 116-239.7 shall review the proposals and approve at
4 least nine of the proposals to establish laboratory schools. The Subcommittee may select a
5 constituent institution to operate more than one laboratory school. The Subcommittee shall
6 oversee the operations of those laboratory schools to meet the purposes set forth in this Article."
7 SECTION 3.(b) G.S. 116-239.5 is amended by adding a new subsection to read:
8 "(e) In addition to all other immunities provided to them by applicable State law, the
9 Subcommittee, chancellor, the constituent institution, an advisory board, and a laboratory school,
10 and their members, employees, and agents shall be entitled to the specific immunities provided
11 for in Chapter 115C of the General Statutes applying to the State Board of Education,
12 Superintendent of Public Instruction, a local board of education, a local school administrative
13 unit, and their members and employees. Any such immunity to liability established by this
14 subsection shall not extend to gross negligence, wanton conduct, or intentional wrongdoing that
15 would otherwise be actionable. Immunity established by this subsection shall be deemed to be
16 waived to the extent of indemnification under Article 31A and Article 31B of Chapter 143 of the
17 General Statutes and to the extent sovereign immunity is waived under the Tort Claims Act, as
18 set forth in Article 31 of Chapter 143 of the General Statutes."
19 SECTION 3.(c) G.S. 116-239.7 reads as rewritten:
20 "§ 116-239.7. The Board of Governors' Subcommittee on Laboratory Schools; selection of
21 laboratory schools; creation of a laboratory school; dissolution.
22 …
23 (a1) Approval of Laboratory Schools. – The Board of Governors, upon the
24 recommendation of the President, shall designate at least nine constituent institutions to establish
25 and operate a total of at least nine laboratory schools. The chancellor of each constituent
26 institution shall adopt and submit to the Subcommittee a proposal to operate a one or more
27 laboratory school schools in a one or more local school administrative unit units that meets meet
28 the minimum threshold for the number of low-performing schools located in the a unit under
29 G.S. 116-239.6(4). The proposal shall include the governance structure of the laboratory school.
30 The Subcommittee shall evaluate the proposals for approval or disapproval by considering the
31 design components and the strategic focus of the laboratory school and any other standards
32 developed by the Subcommittee to be applicable to all laboratory schools. The Subcommittee
33 shall also consider the location of each laboratory school so that, to the extent possible, there is
34 a geographically diverse distribution of the laboratory schools throughout the State and a
35 maximum of one laboratory school located in a qualifying local school administrative unit. State.
36 From the proposals submitted to the Subcommittee, the Subcommittee shall approve the
37 establishment of at least nine laboratory schools.
38 (a2) Waiver for Certain Local School Administrative Units. – Notwithstanding subsection
39 (a1) of this section, a chancellor may submit a proposal to the Subcommittee to locate a
40 laboratory school in a local school administrative unit that does not meet the minimum threshold
41 for the number of low-performing schools located in the unit under G.S. 116-239.6(4) if the
42 proposal demonstrates that the laboratory school shall primarily serve students who did not meet
43 expected growth in the prior school year in accordance with G.S. 116-239.9(c1). The
44 Subcommittee may waive the requirement for the number of low-performing schools in a local
45 school administrative unit for the location of a laboratory school, for up to a total of three six
46 laboratory schools established under this Article, only if both of the following conditions are met
47 for the laboratory school:
48 (1) The proposal has been submitted jointly by the chancellor and the local school
49 administrative unit in which the laboratory school will be located.
50 (2) The Subcommittee determines that the proposed location would satisfy the
51 purposes set forth in G.S. 116-239.5.
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1 (b) Resolution by the Subcommittee to Approve a Laboratory School. – The
2 Subcommittee shall adopt a resolution upon the approval of each laboratory school, which shall
3 include the following:
4 (1) Name of the laboratory school.
5 (2) The local school administrative unit in which the laboratory school shall be
6 located.
7 (3) A term of operation for the laboratory school of five years from the date of
8 initial operation. At the end of the initial five years of operation, the
9 Subcommittee shall renew the term of operation for additional five-year
10 periods under the resolution if the laboratory school is still located in a local
11 school administrative unit that has twenty-five percent (25%) or more of the
12 schools located in the unit identified as low-performing under
13 G.S. 115C-105.37, or if the Subcommittee renews a waiver of this
14 requirement under subsection (a2) of this section, the resolution may be
15 renewed by the Subcommittee at the end of the term for an additional five
16 years. section. If the laboratory school is no longer (i) located in a qualifying
17 local school administrative unit or (ii) meeting the purposes of this Article
18 under a waiver at the end of five years, the Subcommittee shall may renew the
19 term of operation for additional five-year periods under the resolution if the
20 Subcommittee finds the school is successfully meeting its mission to improve
21 student performance and provide valuable exposure and training for teachers
22 and principals in the constituent institution's educator preparation program.
23 The Subcommittee may terminate operation of any laboratory school during
24 the initial term of operation or during a five-year renewal period if the
25 Subcommittee finds it is failing to meet expected progress toward meeting the
26 mission of the school consistent with the requirements of this Article. The
27 Subcommittee shall notify the Board of Governors of the end of the term of
28 operation of a laboratory school and request designation of additional
29 constituent institutions with educator preparation programs to establish a
30 laboratory school in accordance with the provisions of this Article.
31 …."
32 SECTION 3.(d) G.S. 116-239.8(b)(4) reads as rewritten:
33 "(4) Food and transportation services. – The local school administrative unit in
34 which the laboratory school is located shall provide food services and
35 transportation to students attending who reside in the local school
36 administrative unit and attend the laboratory school. school, including any
37 students who are homeless and require assistance pursuant to 42 U.S.C. §
38 11301, et seq., the McKinney-Vento Homeless Assistance Act. The
39 requirement to provide transportation to students residing in the local school
40 administrative unit shall (i) apply regardless of where a laboratory school
41 student resides in the unit or how the unit's transportation policies and
42 practices are applied to other students and (ii) include providing transportation
43 of students and personnel for laboratory school extracurricular activities and
44 educational trips in the same manner as other schools in the unit for that school
45 year. The local school administrative unit in which the laboratory school is
46 located shall administer administer, at its cost, the National School Lunch
47 Program for the laboratory school in accordance with G.S. 115C-264. The
48 chancellor shall arrange for the provision of these services from the local
49 school administrative unit."
50 SECTION 3.(e) G.S. 116-239.9 reads as rewritten:
51 "§ 116-239.9. Student admissions and assignment.
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1 (a) A child shall be eligible to attend a laboratory school if the child resides in the local
2 school administrative unit in which a laboratory school is located and meets at least one of the
3 following criteria:
4 (1) Is assigned to a low-performing school, as defined by G.S. 115C-105.37 at the
5 time of the student's application.
6 (2) Did not meet expected growth in the prior school year based on one or more
7 indicators listed in subsection (c1) of this section.
8 (3) Is the sibling of a child who is eligible under subdivision (1) or (2) of this
9 subsection.
10 (4) Is the child of a laboratory school employee.
11 (b) No local board of education shall require any student enrolled in the local school
12 administrative unit to attend a laboratory school.
13 (c) During each period of enrollment, the laboratory school shall enroll an eligible student
14 under subsection (a) of this section who submits a timely application, up to the capacity of a
15 program, class, grade level, or building, in the order in which applications are received. Once
16 enrolled, students are not required to reapply in subsequent enrollment periods. The laboratory
17 school may give enrollment priority to the sibling of an enrolled student who attended the
18 laboratory school in the prior school year.
19 (c1) For the purposes of this Article, any of the following shall serve as indicators that a
20 student did not meet expected student growth in the prior school year: (i) grades, (ii) observations,
21 (iii) diagnostic and formative assessments, (iv) State assessments, or (v) other factors, including
22 reading on grade level.
23 (c2) Notwithstanding the requirements of subsection (a) of this section, if a laboratory
24 school has not reached enrollment capacity in a program, class, grade level, or building by March
25 1, prior to the start of the next school year, the laboratory school may enroll children who reside
26 in the local school administrative unit in which the laboratory school is located but do not meet
27 one of the criteria set forth in subdivisions (1) through (4) of subsection (a) of this section for up
28 to twenty percent (20%) of the total capacity of the program, class, grade level, or building.
29 (d) Notwithstanding any law to the contrary, a laboratory school may refuse admission
30 to any student who has been expelled or suspended from a public school under G.S. 115C-390.5
31 through G.S. 115C-390.11 until the period of suspension or expulsion has expired.
32 (e) Within one year after a laboratory school begins operation, the laboratory school shall
33 make reasonable efforts in the recruitment process for the population of the school to reasonably
34 reflect the racial, ethnic, and socioeconomic composition of the general population of the students
35 residing within the local school administrative unit in which the school is located. A laboratory
36 school shall not unlawfully discriminate when making admissions determinations."
37 SECTION 3.(f) Section 11.6(d) of S.L. 2016-94, as amended by Section 4 of S.L.
38 2017-117, reads as rewritten:
39 "SECTION 11.6.(d) Notwithstanding G.S. 116-239.5, (i) at least nine six laboratory schools
40 shall be established pursuant to Article 29A of Chapter 116 of the General Statutes, as enacted
41 by this section, and in operation by the beginning of the 2019-2020 2020-2021 school year and
42 (ii) at least an additional three laboratory schools shall be established pursuant to Article 29A of
43 Chapter 116 of the General Statutes and in operation by the beginning of the 2022-2023 school
44 year."
45 SECTION 3.(g) There is appropriated from the General Fund to the Board of
46 Governors of The University of North Carolina the sum of five hundred thousand dollars
47 ($500,000) in recurring funds for the 2020-2021 fiscal year for administrative and technical
48 assistance related to the UNC Teacher and Principal Preparation Laboratory School Program for
49 support services. These funds shall not be used to create new positions or to hire additional
50 consultants for The University of North Carolina System Office.
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1 SECTION 3.(h) Subsection (g) of this section becomes effective July 1, 2020. The
2 remainder of this section is effective when the act becomes law. Subsection (b) of this section
3 applies to an action or omission of an action occurring on or after the date this act becomes law.
4 Subsections (d) and (e) of this section apply beginning with the 2020-2021 school year.
5
6 PART IV. EXTEND REPORT DATE FOR UNC BOARD OF GOVERNORS PLANNING
7 TASK FORCE
8 SECTION 4. Section 36.6 of S.L. 2018-5 reads as rewritten:
9 "SECTION 36.6.(a) There is created the UNC Board of Governors Planning Task Force.
10 The Task Force shall consist of four current Board members appointed by the Board of
11 Governors, one of whom shall be designated as chair. These appointments shall be made no later
12 than August 1, 2018.
1