NC Education Code · Regulation
Title 16 — root / Chapter 06 — SubChapter D
Plain English summary
This subchapter covers curriculum definitions, graduation requirements, use of the school day, limited English proficiency programs, and textbook adoption procedures for NC public schools. It defines key terms such as course unit, diploma, graduation, and standard course of study, and sets out detailed requirements for LEAs regarding the identification, assessment, and education of limited English proficient students. Several rules including the Basic Education Program, Graduation Requirements, and Exit Documents have been repealed.
Key requirements
- 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.
- No local board of education may enter into a contract or agreement with any person, corporation, association or organization which 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.
- 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.
- Any contract or agreement previously made in contravention of this Rule is declared void and unenforceable.
- Each superintendent or his delegate shall identify resources available to serve limited English proficient students.
- Each superintendent or his delegate shall coordinate programs and services to these students and their parents in the local school administrative unit.
- Each superintendent or his delegate shall report to the SBE information concerning the identification, placement, and educational progress of these students.
- Each superintendent or his delegate shall report funding needs for the provision of services to these students to the SBE.
- 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.
- 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.
- 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.
- 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.
- LEAs shall adopt appropriate evaluative standards for measuring the progress of limited English proficient students in school.
- 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.
- LEAs shall monitor the progress of limited English proficient students in English proficiency and in the BEP.
- Limited English proficient students shall participate in the statewide testing programs in accordance with 16 NCAC 6D .0301.
- 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.
- 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.
- 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.
- 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.
- The Textbook Commission, the Department and the SBE shall adhere, to the extent practicable, to the textbook adoption schedule on and after January 1, 1990.
- Local school systems will place orders before March 1 of the next year.
- 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.
- 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.
Affected parties
- Local Education Agencies (LEAs)
- Local boards of education
- Superintendents
- Limited English proficient students
- Students in public schools
- Parents of limited English proficient students
- Teachers
- Administrators
- State Board of Education (SBE)
- Textbook Commission
- Publishers
- Institutions of Higher Education (IHEs)
- Department of Public Instruction
- Special education students