GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H D

HOUSE DRH70267-MK-33 (01/31)

Short Title: Division of Deaf Education.		(Public)
Sponsors:	Representatives Martin, Farmer-Butterfield, Blackwell, and Horn (Primary Sponsors).
Referred to:

A BILL TO BE ENTITLED

AN ACT to statutorily establish the division of deaf education within the department of public instruction; to provide for the governance of certain residential schools formerly governed by the department of health and human services; to repeal unnecessary statutes, and make conforming changes to the general statutes.

The General Assembly of North Carolina enacts:

SECTION 1. Article 5 of Chapter 143A of the General Statutes is amended by adding a new section to read:

"§ 143A‑48.2. Division of Deaf Education.

(a) There is established within the Department of Public Instruction the Division of Deaf Education, which shall be organized and staffed in accordance with applicable laws and regulations and within the limits of authorized appropriations. The Director of the Division shall establish the administration for the Division at the residential schools for the deaf and hearing-impaired, and the Director shall also act as the program administrator for one of the schools.

(b) The Division of Deaf Education shall have the powers and duties conferred on it by Part 1D of Article 9 of Chapter 115C of the General Statutes and any other powers vested by law."

SECTION 2. Part 30 of Article 3 of Chapter 143B of the General Statutes is repealed.

SECTION 3. Article 9 of Chapter 115C of the General Statutes is amended by adding new Parts to read:

"Part 1H. Residential Schools for Deaf and Hearing-Impaired Students.

"§ 115C‑112.2. Establishment; operations.

(a) There are established and there shall be maintained the following schools for students who are deaf and hearing-impaired: the Eastern North Carolina School for the Deaf at Wilson (K‑12) and the North Carolina School for the Deaf at Morganton (K‑12). The Division of Deaf Education, established under G.S. 143A‑48.2, shall be responsible for the governance of the schools.

(b) The Division of Deaf Education shall provide oversight for the Early Intervention Program for Children Who Are Deaf or Hard of Hearing within the Department of Public Instruction.

"§ 115C‑112.3. Students admitted; education.

(a) The Division of Deaf Education may consider for admission all children who are deaf, hearing-impaired, or deaf/multidisabled into the schools for the deaf and hearing‑impaired who meet the following criteria and in accordance with federal and State law and rules adopted by the State Board of Education:

(1) The student has been referred by the student's local education agency and an admission is deemed appropriate by the student's Individualized Education Program (IEP) team.

(2) The student is a resident of this State, except as provided in subsection (b) of this section.

(3) The student is at least three years of age but not older than 21 years of age.

(b) Nonresident children who are deaf, hearing-impaired, or deaf/multidisabled may be admitted to the schools for the deaf and hearing-impaired in accordance with rules adopted by the State Board of Education if the admission does not prevent the attendance of any student who is deaf, hearing�impaired, or deaf/multidisabled who is a resident of the State. Only children who are residents of North Carolina are entitled to free tuition and room and board.

(c) The Division of Deaf Education shall provide unique instructional programs to meet the needs of all students admitted to the schools for the deaf and hearing-impaired. The Division shall encourage the State to provide classrooms with modern auditory training equipment, audiovisual media equipment, and any other special equipment to provide the best educational conditions for children who are deaf, hearing-impaired, and deaf/multidisabled.

(d) The Division of Deaf Education shall do at least all of the following:

(1) Maintain a collaborative relationship with institutions of higher education to provide teacher training opportunities.

(2) Provide for a comprehensive vocational and technical training program as directed in the transition component of a student's IEP.

(3) Adopt policies and offer training opportunities to ensure that personnel who provide direct services to children who are deaf or hearing-impaired become proficient in sign language within two years of their initial date of employment or within two years of the effective date of this act, whichever occurs later.

(4) Collaborate on a mutually agreed basis with local education agencies, including charter schools, whether as a consultant or otherwise, in the provision of highly qualified services by (i) assessing the needs of students who are deaf and hearing impaired and (ii) meeting the student's identified needs, to include, without limitation, providing highly qualified personnel from the Division to provide services or professional development to staff or students who are deaf and hearing-impaired, either at the residential schools, at the local education agency site, a charter school, or other agreed to location."Part 1I. Residential School for the Visually Impaired.

"§ 115C‑112.4. Establishment; operation.

There is established and there shall be maintained the following school for the visually impaired: The Governor Morehead School for the Blind. The Department of Public Instruction, Division of Curriculum and Public Instruction, shall be responsible for the governance of The Governor Morehead School for the Blind.

"§ 115C‑112.5. Students admitted; education.

(a) The Division of Exceptional Children may consider for admission all children who are visually impaired or visually impaired/multidisabled into the school for the visually impaired who meet the following criteria and in accordance with federal and State laws and rules adopted by the State Board of Education:

(1) The student has been referred by the student's local education agency, and an admission is deemed appropriate by the student's Individualized Education Program (IEP) team.

(2) The student is a resident of this State, except as provided in subsection (b) of this section.

(3) The student is at least five years of age but not older than 21 years of age.

(b) Nonresident children who are visually impaired or visually impaired/multidisabled may be admitted to the school for the visually impaired in accordance with rules adopted by the State Board of Education if the admission does not prevent the attendance of any student who is visually impaired or visually impaired/multidisabled who is a resident of the State. Only children who are residents of North Carolina are entitled to free tuition and room and board.

(c) The Division of Exceptional Children shall provide unique instructional programs to meet the needs of all students admitted to the school for the visually impaired. The Division shall encourage the State to provide classrooms with modern visual training equipment, audiovisual media equipment, and any other special equipment to provide the best educational conditions for children who are visually impaired or visually impaired/multidisabled.

(d) The Division of Exceptional Children shall do at least all of the following:

(1) Maintain a collaborative relationship with institutions of higher education to provide teacher training opportunities.

(2) Provide for a comprehensive vocational and technical training program as directed in the transition component of a student's IEP."

SECTION 4. G.S. 143B‑146.1(b) reads as rewritten:

"(b) The following definitions apply in this Part:

(1) ABC's Program or Program. � The School‑Based Management and Accountability Program developed by the State Board.

(2) Department. � The Department of Health and Human Services.

(3) Instructional personnel. � Assistant principals, teachers, instructional personnel, instructional support personnel, and teacher assistants employed in a residential school.

(4) Participating school. � A residential ~~school~~school, except as otherwise provided in Parts 1H and 1I of Article 9 of Chapter 115C, that is required to participate in the ABC's Program.

(5) Residential school personnel. � The individuals included in G.S. 143B‑146.16(a)(2).

(6) Schools. � The residential schools under the control of the Secretary.

(7) Secretary. � The Secretary of Health and Human Services.

(8) State Board. � The State Board of Education.

~~(9)~~ ~~Superintendent. � The Superintendent of the Office of Education Services of the Department of Health and Human Services.~~"

SECTION 5. G.S. 143B‑146.2(a) reads as rewritten:

"(a) ~~The Governor Morehead School and the schools for the deaf shall participate in the ABC's Program.~~ The Secretary, in consultation with the General Assembly and the State Board, may designate ~~other~~ residential schools that must participate in the ABC's Program. The primary goal of the ABC's Program is to improve student performance. The Program is based upon an accountability, recognition, assistance, and intervention process in order to hold each participating school, its principal, and the instructional personnel accountable for improved student performance in that school."

SECTION 6. G.S. 143B‑146.8(f) reads as rewritten:

"(f) Evaluation of Principals. � Each year the Secretary ~~or the Superintendent~~ shall evaluate the principals."

SECTION 7. G.S. 143B‑146.15 reads as rewritten:

"§ 143B‑146.15. Duty to report certain acts to law enforcement.

When the principal has personal knowledge or actual notice from residential school personnel or other reliable source that an act has occurred on school property involving assault resulting in serious personal injury, sexual assault, sexual offense, rape, kidnapping, indecent liberties with a minor, assault involving the use of a weapon, possession of a firearm in violation of the law, possession of a weapon in violation of the law, or possession of a controlled substance in violation of the law, the principal shall immediately report the act to the appropriate local law enforcement agency. Failure to report under this section is a Class 3 misdemeanor. For purposes of this section, "school property" shall include any building, bus, campus, grounds, recreational area, or athletic field, in the charge of the principal or while the student is under the supervision of school personnel. It is the intent of the General Assembly that the principal notify the Secretary ~~or the Superintendent~~ of any report made to law enforcement under this section."

SECTION 8. G.S. 143B‑146.21 reads as rewritten:

"§ 143B‑146.21. Policies, reports, and other miscellaneous provisions.

(a) The Secretary of Health and Human Services shall consult with the State Board of Education in its implementation of this act as it pertains to improving the educational programs at the residential schools. The Secretary also shall fully inform and consult with the chairs of the Appropriations Subcommittees on Education and Health and Human Services of the Senate and the House of Representatives on a regular basis as the Secretary carries out his duties under this act.

~~(b)~~ The Secretary of Health and Human Services shall adopt policies and offer training opportunities to ensure that personnel who provide direct services to children in the State schools for the deaf become proficient in sign language within two years of their initial date of employment or within two years of the effective date of this act, whichever occurs later. This subsection shall not apply to preschool personnel in any oral, auditory, or cued speech preschool.

(c) The Department of Public Instruction, the Board of Governors of The University of North Carolina, and the State Board of Community Colleges shall offer and communicate the availability of professional development ~~opportunities, including those to improve sign language skills,~~ opportunities to the personnel assigned to the ~~State's~~ residential ~~schools, particularly the Governor Morehead School and the schools for the deaf.~~schools.

(d) The Secretary of Health and Human Services shall adopt policies to ensure that students of the residential schools are given priority to residing in the independent living facilities on each school's campus.

(e) The Secretary of Health and Human Services, in consultation with the Office of State Personnel, shall set the salary supplement paid to teachers, instructional support personnel, and school‑based administrators who are employed in the programs operated by the Department of Health and Human Services and are licensed by the State Board of Education. The salary supplement shall be at least five percent (5%), but not more than the percentage supplement they would receive if they were employed in the local school administrative unit where the job site is located. These salary supplements shall not be paid to central office staff. Nothing in this subsection shall be construed to include "merit pay" under the term "salary supplement"."

SECTION 9. Unless inconsistent with the provisions of Parts 1H and 1I of Article 9 of Chapter 115C of the General Statutes, as enacted by Section 1 of this act, the rules adopted pursuant to former Part 30 of Article 3 or any other statutory provisions of Chapter 143B of the General Statutes governing The Governor Morehead School, the North Carolina School for the Deaf, and the Eastern North Carolina School for the Deaf shall remain in effect until superseded by rules adopted under Parts 1H and 1I of Article 9 of Chapter 115C of the General Statutes, as enacted by Section 1 of this act.

SECTION 10.(a) Notwithstanding Section 10.21A of S.L. 2010‑31 and G.S. 115C‑112.4, as enacted by this act, the Department of Health and Human Services shall continue to be responsible for the maintenance and repair of all buildings, grounds, and facilities of The Governor Morehead School and for providing utilities for the Governor Morehead School, provided that the Department of Health and Human Services may enter into a memorandum of understanding with the State Board of Education for the State Board to assume any of those responsibilities.

SECTION 10.(b) Notwithstanding Section 10.21A of S.L. 2010‑31, G.S. 115C‑112.2, and G.S. 115C‑112.4, as enacted by this act, the Department of Health and Human Services shall continue to be responsible for information technology support for Eastern North Carolina School for the Deaf, the North Carolina School for the Deaf, and The Governor Morehead School, provided the Department of Health and Human Services may enter into a memorandum of understanding with the State Board of Education for the State Board to assume any of those responsibilities.

SECTION 11.(a) Subsection (e) of Section 10.21A of S.L. 2010‑31 is repealed.

SECTION 11.(b) The State Board of Education shall reorganize staffing of the residential schools as follows:

(1) The position of the Executive Director of Residential Schools shall be eliminated.

(2) A Director of one of the residential schools for the deaf and hearing‑impaired shall be appointed Director of the Division of Deaf Education, as established by this act.

SECTION 12. This act is effective when it becomes law.