North Carolina register, July 1998 - present

              NORTH CAROLINA
REGISTER
Volume 20, Issue 02
Pages 39 - 108
July 15, 2005
This issue contains documents officially filed
through June 23, 2005.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
6714 Mail Service Center
Raleigh, NC 27699-6714
(919) 733-2678
FAX (919) 733-3462
Julian Mann III, Director
Camille Winston, Deputy Director
Molly Masich, Director of APA Services
Dana Sholes, Publications Coordinator
Linda Dupree, Editorial Assistant
Julie Brincefield, Editorial Assistant
IN THIS ISSUE
I. EXECUTIVE ORDERS
Executive Order No. 75 ...........................................39 - 40
Executive Order No. 76 ...........................................41
II. IN ADDITION
Voting Rights Letter ................................................42
III. PROPOSED RULES
Education
State Board of Education......................................51 - 67
Health & Human Services
Child Care Commission .......................................43 - 49
Justice
Criminal Justice Education & Training
Standards Commission .....................................50 - 51
Private Protective Services Board ........................49 - 50
IV. TEMPORARY RULES
Licensing Boards
Funeral Service, Board of.....................................68 - 70
V. APPROVED RULES.............................................71 - 90
Agriculture
Board of Agriculture
Commerce
Cemetery Commission
Governor & Lt. Governor
Office of State Budget & Management
Health and Human Services
Child Care Commission
Insurance
Manufactured Housing Board
Justice
Alarm Systems Licensing Board
Licensing Boards
Appraisal Board
Locksmith Licensing Board
Pharmacy, Board of
Respiratory Care Board
State Personnel
State Personnel Commission
VI. RULES REVIEW COMMISSION.......................91 - 97
VII. CONTESTED CASE DECISIONS
Index to ALJ Decisions............................................98 - 99
Text of Selected Decisions
04 BOE 2051........................................................100 - 108
For the CUMULATIVE INDEX to the NC Register go to:
http://ncoah.com/register/CI.pdf
North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC
27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to
the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699-6714.
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
The North Carolina Administrative Code (NCAC) has four major classifications of rules. Three of these, titles, chapters, and sections are
mandatory. The major classification of the NCAC is the title. Each major department in the North Carolina executive branch of
government has been assigned a title number. Titles are further broken down into chapters which shall be numerical in order.
Subchapters are optional classifications to be used by agencies when appropriate.
NCAC TITLES TITLE 21
LICENSING BOARDS
TITLE 24
INDEPENDENT AGENCIES
1 ADMINISTRATION
2 AGRICULTURE & CONSUMER SERVICES
3 AUDITOR
4 COMMERCE
5 CORRECTION
6 COUNCIL OF STATE
7 CULTURAL RESOURCES
8 ELECTIONS
9 GOVERNOR
10A HEALTH AND HUMAN SERVICES
11 INSURANCE
12 JUSTICE
13 LABOR
14A CRIME CONTROL & PUBLIC SAFETY
15A ENVIRONMENT &NATURAL RESOURCES
16 PUBLIC EDUCATION
17 REVENUE
18 SECRETARY OF STATE
19A TRANSPORTATION
20 TREASURER
21* OCCUPATIONAL LICENSING BOARDS
22 ADMINISTRATIVE PROCEDURES
(REPEALED)
23 COMMUNITY COLLEGES
24* INDEPENDENT AGENCIES
25 STATE PERSONNEL
26 ADMINISTRATIVE HEARINGS
27 NC STATE BAR
28 JUVENILE JUSTICE AND DELINQUENCY
PREVENTION
1 Acupuncture
2 Architecture
3 Athletic Trainer Examiners
4 Auctioneers
6 Barber Examiners
8 Certified Public Accountant Examiners
10 Chiropractic Examiners
11 Employee Assistance Professionals
12 General Contractors
14 Cosmetic Art Examiners
16 Dental Examiners
17 Dietetics/Nutrition
18 Electrical Contractors
19 Electrolysis
20 Foresters
21 Geologists
22 Hearing Aid Dealers and Fitters
25 Interpreter/Transliterator
26 Landscape Architects
28 Landscape Contractors
29 Locksmith Licensing
30 Massage & Bodywork Therapy
31 Marital and Family Therapy
32 Medical Examiners
33 Midwifery Joint Committee
34 Funeral Service
36 Nursing
37 Nursing Home Administrators
38 Occupational Therapists
40 Opticians
42 Optometry
44 Osteopathic Examination (Repealed)
45 Pastoral Counselors, Fee-Based Practicing
46 Pharmacy
48 Physical Therapy Examiners
50 Plumbing, Heating & Fire Sprinkler
Contractors
52 Podiatry Examiners
53 Professional Counselors
54 Psychology
56 Professional Engineers & Land Surveyors
57 Real Estate Appraisal
58 Real Estate Commission
60 Refrigeration Examiners
61 Respiratory Care
62 Sanitarian Examiners
63 Social Work Certification
64 Speech & Language Pathologists &
Audiologists
65 Therapeutic Recreation Certification
66 Veterinary Medical
68 Substance Abuse Professionals
69 Soil Scientists
1 Housing Finance
2 Agricultural Finance Authority
3 Safety & Health Review
Board
4 Reserved
5 State Health Plan Purchasing
Alliance Board
Note: Title 21 contains the chapters of the various occupational licensing boards and Title 24 contains the chapters of independent agencies.
NORTH CAROLINA REGISTER
Publication Schedule for January 2005 – December 2005
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
(first legislative
day of the next
regular session)
270th day from publication
in the Register
19:13 01/03/05 12/08/04 01/18/05 03/04/05 03/21/05 05/01/05 05/06 09/30/05
19:14 01/18/05 12/22/04 02/02/05 03/21/05 04/20/05 06/01/05 05/06 10/15/05
19:15 02/01/05 01/10/05 02/16/05 04/04/05 04/20/05 06/01/05 05/06 10/29/05
19:16 02/15/05 01/25/05 03/02/05 04/18/05 04/20/05 06/01/05 05/06 11/12/05
19:17 03/01/05 02/08/05 03/16/05 05/02/05 05/20/05 07/01/05 05/06 11/26/05
19:18 03/15/05 02/22/05 03/30/05 05/16/05 05/20/05 07/01/05 05/06 12/10/05
19:19 04/01/05 03/10/05 04/16/05 05/31/05 06/20/05 08/01/05 05/06 12/27/05
19:20 04/15/05 03/24/05 04/30/05 06/14/05 06/20/05 08/01/05 05/06 01/10/06
19:21 05/02/05 04/11/05 05/17/05 07/01/05 07/20/05 09/01/05 05/06 01/27/06
19:22 05/16/05 04/25/05 05/31/05 07/15/05 07/20/05 09/01/05 05/06 02/10/06
19:23 06/01/05 05/10/05 06/16/05 08/01/05 08/22/05 10/01/05 05/06 02/26/06
19:24 06/15/05 05/24/05 06/30/05 08/15/05 08/22/05 10/01/05 05/06 03/12/06
20:01 07/01/05 06/10/05 07/16/05 08/30/05 09/20/05 11/01/05 05/06 03/28/06
20:02 07/15/05 06/23/05 07/30/05 09/13/05 09/20/05 11/01/05 05/06 04/11/06
20:03 08/01/05 07/11/05 08/16/05 09/30/05 10/20/05 12/01/05 05/06 04/28/06
20:04 08/15/05 07/25/05 08/30/05 10/14/05 10/20/05 12/01/05 05/06 05/12/06
20:05 09/01/05 08/11/05 09/16/05 10/31/05 11/21/05 01/01/06 05/06 05/29/06
20:06 09/15/05 08/25/05 09/30/05 11/14/05 11/21/05 01/01/06 05/06 06/12/06
20:07 10/03/05 09/12/05 10/18/05 12/02/05 12/20/05 02/01/06 05/06 06/30/06
20:08 10/17/05 09/26/05 11/01/05 12/16/05 12/20/05 02/01/06 05/06 07/14/06
20:09 11/01/05 10/11/05 11/16/05 01/03/06 01/20/06 03/01/06 05/06 07/29/06
20:10 11/15/05 10/24/05 11/30/05 01/17/06 01/20/06 03/01/06 05/06 08/12/06
20:11 12/01/05 11/07/05 12/16/05 01/30/06 02/20/06 04/01/06 05/06 08/28/06
20:12 12/15/05 11/22/05 12/30/05 02/13/06 02/20/06 04/01/06 05/06 09/11/06
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a
proposed rule for at least 60 days after the text is
published or until the date of any public hearings held
on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B-
21.3, Effective date of rules.
EXECUTIVE ORDERS
20:02 NORTH CAROLINA REGISTER July 15, 2005
39
EXECUTIVE ORDER NO. 75
REESTABLISHING AND MODIFYING PROGRAMS ESTABLISHED UNDER THE HURRICANE FLOYD RECOVERY
ACT OF 1999 (S.L. 1999-463 EXTRA SESSION) AND AMENDING EXECUTIVE ORDER #8
WHEREAS, Article III, Section 5(10) of the Constitution of North Carolina authorizes and empowers the Governor to make
such changes in the allocation of offices and agencies and in the allocation of those functions, powers, and duties as he considers
necessary for efficient administration; and
WHEREAS, the North Carolina General Assembly enacted the Hurricane Recovery Act of 2005, S.L. No. 2005-1, to
provide necessary and appropriate relief and assistance from the effects of the hurricanes and tropical storms that hit the State of North
Carolina in 2004; and
WHEREAS, Section 5.1.(a) of the Hurricane Recovery Act of 2005, S.L. No. 2005-1, states, "The Governor shall reestablish
and may modify, as necessary, all of the programs implemented as part of the Hurricane Floyd Recovery Act of 1999 under S.L. 1999-
463 Extra Session and the Report of the House Appropriations Committee on Hurricane Floyd Recovery dated December 15, 1999, as
amended by S.L. 1999-463 Extra Session. The Governor shall also establish new programs and expand or modify, as necessary,
existing programs to provide necessary and appropriate relief and assistance from the effects of the hurricanes that hit the State in
2004;" and
WHEREAS, Section 4 of the Hurricane Floyd Recovery Act of 1999 (S.L. 1999-463 Extra Session) states "... every agency,
as defined in G.S. 150B-2, may adopt temporary rules necessary to implement the provisions of this act;" and
WHEREAS, temporary rules for the Hurricane Floyd Recovery Act of 1999 (S.L. 1999-463 Extra Session) were adopted at
4 NCAC 19L.1901, which states "The North Carolina Department of Commerce will follow the administrative rules for the North
Carolina Community Development Block Grant Program, 4 NCAC 19L. in administering the Hurricane Floyd Recovery Assistance
appropriated by the General Assembly in Session Law 1999-463 Extra Session House Bill 2;" and
WHEREAS, 4 NCAC 19L.1901, states that the administrative rules for the 1999 Hurricane Floyd CHAF programs will be in
effect until January 1, 2010;" and
WHEREAS, Executive Order No. 8 transferred the North Carolina Redevelopment Center to the North Carolina Department
of Crime Control and Public Safety and transferred the Crisis Housing Assistance functions previously carried out by the Housing and
Business Redevelopment Office and the Division of Community Assistance of the Department of Commerce to the North Carolina
Redevelopment Center, except for the Affordable Rental Housing, Predevelopment, and Land Acquisition programs. These programs
remain in the Department of Commerce; and
WHEREAS, Section 4 of Executive Order No. 8 states, "All rules, regulations, and policies promulgated by the Office of the
Governor, Housing and Business Redevelopment Office, Division of Community Assistance, the Hurricane Floyd Redevelopment
Center, and the Department of Commerce regarding Crisis Housing Assistance, shall continue to apply to the agencies transferred to
the Department of Crime Control and Public Safety and shall remain in effect until such rules, regulations, and policies are amended
or rescinded by the Secretary of the Department of Crime Control and Public Safety;" and
WHEREAS, the North Carolina Redevelopment Center of the North Carolina Department of Crime Control and Public
Safety previously administered the following 1999 Hurricane Floyd CHAF programs: (1) State Acquisition and Relocation Funds
(SARF) for Homeowners Assistance; (2) SARF for Renters Assistance; (3) Low-Income Home Repair & Rehabilitation; (4) Low-
Income Home Replacement; (5) Infrastructure to Local Governments; and (6) Aid to Local Government; and
WHEREAS, the 2005 CHAF programs to be administered by the North Carolina Redevelopment Center will not differ
substantially from their 1999 counterparts, except for changes in policy that will be addressed in the program guidelines and other
program documentation.
NOW, THEREFORE it is hereby ordered that,
Section 1. Pursuant to Section 5.1.(a) of the Hurricane Recovery Act of 2005, the 1999 Hurricane Floyd Crisis Housing
Assistance Funds (CHAF) program is hereby reestablished and modified to provide necessary and appropriate relief and assistance
EXECUTIVE ORDERS
20:02 NORTH CAROLINA REGISTER July 15, 2005
40
from the effects of the hurricanes and tropical storms that hit the State of North Carolina in 2004, by applying the rules of the 1999
Hurricane Floyd CHAF program at 4 NCAC 19L., to the 2005 CHAF program authorized by the Hurricane Recovery Act of 2005,
S.L. No. 2005-1. The rules of the 1999 Hurricane Floyd CHAF program at 4 NCAC 19L. shall apply to the 2005 CHAF program
authorized by the Hurricane Recovery Act of 2005, S.L. No. 2005-1.
Section 2. The North Carolina Redevelopment Center of the North Carolina Department of Crime Control and Public Safety
will administer the following 2005 Hurricane Recovery Act CHAF programs: (1) State Acquisition and Relocation Funds (SARF) for
Homeowners Assistance; (2) SARF for Renters Assistance; (3) Low-Income Home Repair & Rehabilitation; (4) Low-Income Home
Replacement; (5) Aid to Local Government; and (6) Grants to Successful SBA Home Loan Applicants.
Section 3. Subject to the amendments herein, all provisions of Executive Order No. 8 shall remain in full force and effect.
Section 4. This order shall become effective immediately.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capitol in the City of Raleigh this 10th day of June 2005.
______________________________________
Michael F. Easley
ATTEST:
______________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
20:02 NORTH CAROLINA REGISTER July 15, 2005
41
EXECUTIVE ORDER NO. 76
EXTENDING EXECUTIVE ORDER NO. 1
By the power vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED:
Executive Order No. 1 regarding the North Carolina Board of Ethics, previously extended by Executive Order No. 51, is
hereby extended.
This order is effective immediately.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capitol in the City of Raleigh this 16th day of June 2005.
______________________________________
Michael F. Easley
ATTEST:
______________________________________
Elaine F. Marshall
Secretary of State
IN ADDITION
20:02 NORTH CAROLINA REGISTER July 15, 2005
42
Note from the Codifier: This Section contains public notices that are required to be published in the Register or have been
approved by the Codifier of Rules for publication.
U.S. Department of Justice
Civil Rights Division
RJW:JBG:ALP:par Voting Section – NWB.
DJ 166-012-3 950 Pennsylvania Ave., NW
2005-1255 Washington, D.C. 20530
2005-1304
May 31, 2005
Karen M. McDonald, Esq.
City Attorney
433 Hay Street
Fayetteville, NC 28302
Dear Mr. Jerry Wilson
Reapportionment Group 2000
3009 Rainbow Drive, Suite 143
Decatur, Georgia 30034
Dear Ms. McDonald and Mr. Wilson:
This refers to eighteen annexations and their designation to districts, and the 2005 redistricting plan for the City of
Fayetteville in Cumberland County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act,
42 U.S.C. 1973c. We received your submissions on April 4 and 8, 2005; supplemental information was received on May 18, 2005.
The Attorney General does not interpose any objection to seventeen annexations (Ordinance Nos. 2003-08-462, 2003-11-
463, 2004-04-464, 2004-06-465, 2004-06-466, 2004-09-467, 2004-09-468, 2004-10-470, 2004-10-471, 2004-10-472, 2004-11-473,
2004-12-474, 2004-12-475, 2005-01-476, 2005-01-477, 2005-01-478, 2005-02-479) and the redistricting plan. However, we note that
Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the
enforcement of the changes. Procedures for the Administration of Section 5 of the Voting Rights Act (28 C.F.R. 51.41).
We have been informed that Ordinance No. 2004-09-469 is the subject of pending litigation. A proposed change which is
not finally enacted or capable of administration is not ripe for review by the Attorney General (with certain limited exceptions not
applicable here). Accordingly, it would be inappropriate for the Attorney General to make a determination concerning your
submission now. See Procedures for the Administration of Section 5 of the Voting Rights Act (28 C.F.R. 51.22(a) and 51.35). When
this change is formally adopted, preclearance under Section 5 should be sought. Refer to File No. 2005-1255 in any response to this
letter so that your correspondence will be channeled properly.
Sincerely,
Rebecca J. Wertz
Acting Chief, Voting Section
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
43
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 10A – DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Child Care Commission intends to amend the rules cited as
10A NCAC 09 .0301, .0707, .0712-.0713, .1606, .1701, .1718,
.2201, .2803.
Proposed Effective Date: January 1, 2006
Public Hearing:
Date: September 8, 2005
Time: 11:00 a.m. – 1:00 p.m.
Location: NC Division of Child Development, 319 Chapanoke
Road, Suite 120, Raleigh, NC
Reason for Proposed Action: The NC Child Care Commission
proposes to adopt rules that set the requirements for safety of
Children in Child Care Facilities. In 2003, DHHS Secretary
Carmen Hooker Odom brought together a group of stakeholders
to consider ways to strengthen child care services provided to
North Carolina's children. Much of the work of the
Investigating Child Abuse and Neglect in Child Care Facilities
Task Force focused on how to improve the system of
investigating child abuse and neglect in child care facilities.
The Task Force presented its final recommendations in January
2004. Task Force members included partners from the medical
community, the North Carolina Child Care Commission, local
departments of social services, law enforcement, child
advocates, state agencies, child care providers, state legislators
and parents.
Procedure by which a person can object to the agency on a
proposed rule: Anyone wishing to comment on these proposed
rules or to request copies of the rules should contact Dedra
Alston, Rule-making, Coordinator, NC Division of Child
Development, 2201 Mail Service Center, Raleigh, NC 27699-
2201, at 919-662-4543 or Dedra.Alston@ncmail.net. Written
comments will be accepted through September 30, 2005. Oral
comments may be made during the public hearing. The
Commission Chairperson may impose time limits for oral
remarks.
Written comments may be submitted to: Dedra Alston, 2201
Mail Service Center, Raleigh, NC 27699-2201, at 919-662-4543,
Fax 919-662-4568 or Dedra.Alston@ncmail.net.
Comment period ends: September 30, 2005
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact
State – 10A NCAC 09 .0301, .0707, .2201
Local – 10A NCAC 09 .0301, .0707, .2201
Substantive (>$3,000,000)
None – 10A NCAC 09 .0712-.0713, .1606, .1718, .2803
CHAPTER 09 - CHILD CARE RULES
SECTION .0300 - PROCEDURES FOR OBTAINING
A LICENSE
10A NCAC 09 .0301 PRE-LICENSING
REQUIREMENTS
(a) Anyone who wishes to obtain a license to operate a child
care center shall first request pre-licensing consultation from the
Division.
(b) Upon receiving a request a representative of the Division
shall schedule a visit with the person requesting consultation,
unless the person requesting consultation meets the criteria
described in Rule .0302(g) of this Section. The Division shall
furnish the forms required to be completed and submitted in
order to apply for a license.
(c) The Division shall provide regularly scheduled licensing
workshops for new and existing child care centers. A schedule
of these workshops may be obtained from the Division at the
address given in Rule .0102 of this Chapter. Subchapter. The
operator of a child care center shall complete the licensing
workshop provided by the Division prior to the Division issuing
a license or Notice of Compliance to the child care center.
Authority G.S. 110-88(1); 110-88(5); 143B-168.3.
SECTION .0700 - HEALTH AND OTHER STANDARDS
FOR CENTER STAFF
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
44
10A NCAC 09 .0707 IN-SERVICE TRAINING
REQUIREMENTS
(a) Each center shall assure that each new employee who is
expected to have contact with children receives a minimum of
10 16 clock hours of on-site training and orientation within the
first six weeks of employment. This training and orientation
shall include:
(1)(4) training in the recognition of the signs and
symptoms of child abuse and or neglect and in
the employee's duty to report suspected abuse
and neglect;
(2)(7) review of the center's operational policies,
including the center's safe sleep policy for
infants;
(3) adequate supervision of children, taking into
account their age, emotional, physical, and
cognitive development;
(4)(1) first-hand observation of the center's daily
operations;
(5)(2) instruction in the employee's assigned duties;
(6)(3) instruction in the maintenance of a safe and
healthy environment;
(7)(5) review of the center's purposes and goals;
(8)(6) review of the center's personnel policies;
(9)(8) review of the child care licensing law and
regulations;
(10)(9) an explanation of the role of State and local
government agencies in the regulation of child
care, their impact on the operation of the
center, and their availability as a resource; and
(11)(10) an explanation of the employee's obligation to
cooperate with representatives of State and
local government agencies during visits and
investigations. investigations.
(b) Each new employee shall complete, within the first two
weeks of employment, six clock hours of the training referenced
in Subparagraphs (a)(1), (a)(2), and (a)(3) of this Rule.
(b)(c) The child care administrator and any staff who have
responsibility for planning and supervising a child care program,
as well as staff who work directly with children, shall participate
in in-service training activities annually, according to the
individual's assessed needs. Staff may choose one of the
following options for meeting the in service in-service
requirement:
(1) Each staff person shall complete in service in-service
training required in G.S. 110-91(11) as
specified in the following Parts:
(A) persons with a four year degree or
higher advanced degree in a child
care related field of study from a
regionally accredited college or
university shall complete five clock
hours of training annually.
(B) persons with a two year degree in a
child care related field of study from
a regionally accredited college or
university, or persons with a North
Carolina Early Childhood
Administration Credential or its
equivalent shall complete eight clock
hours of training annually.
(C) persons with a certificate or diploma
in a child care related field of study
from a regionally accredited college
or university, or persons with a North
Carolina Early Childhood Credential
or its equivalent shall complete 10
clock hours of training annually.
(D) persons with at least 10 years
documented, professional experience
as a teacher, director, or caregiver in a
licensed child care arrangement shall
complete 15 clock hours of training
annually.
(E) all other persons shall complete 20
clock hours of training annually.
(2) For staff listed in Parts (b)(1), (A), (c)(1)(A),
(B), (C) and (D) of this Rule, basic
cardiopulmonary resuscitation (CPR) training
required in Rule .0705 of this Section shall not
be counted toward meeting annual in-service
training. First aid training may be counted
once every three years.
(3) If a child care administrator or lead teacher is
currently enrolled in coursework to meet the
staff qualification requirements in G.S. 110-
91(8), the coursework may be counted toward
meeting the annual in-service training
requirement.
(c)(d) For staff working less than 40 hours per week on a
regular basis and choosing the option for 20 hours of in service
in-service training, the training requirement may be prorated as
follows:
WORKING HOURS
PER WEEK
CLOCK HOURS
REQUIRED
0-10 5
11-20 10
21-30 15
31-40 20
Authority G.S. 110-91(11); 143B-168.3.
10A NCAC 09 .0712 STAFF/CHILD RATIOS FOR
CENTERS WITH A LICENSED CAPACITY OF LESS
THAN 30 CHILDREN
(a) The staff/child ratios and group sizes for a child care center with a licensed capacity of less than 30 children are as follows:
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
45
Age of Children
No. Children
No. Staff
Maximum
Group Size
No. Staff
0 to 12 Months
5
1
10
2
12 to 24 Months 6 1 12 2
2 to 3 Years 10 1 20 2
3 to 5 Years 15 1 25 2
5 Years and Older 25 1 25 1
(1) When only one caregiver is required to meet the staff/child ratio, and children under two years of age are in care,
that person shall not concurrently perform food preparation or other duties which are not direct child care
responsibilities.
(2) When only one caregiver is required to meet the staff/child ratio, the operator shall select one of the following
options for emergency relief:
(A) The center shall post the name, address, and telephone number of an adult who has agreed in writing to be
available to provide emergency relief and who can respond within a reasonable period of time; or
(B) There shall be a second adult on the premises who is available to provide emergency relief.
(b) The staff/child ratios for a center located in a residence with a licensed capacity of three to 12 children when any preschool aged
child is enrolled, or with a licensed capacity of three to 15 children when only school-aged children are enrolled are as follows:
Age of Children
No. Children
No. Staff
Additional number of
school-aged children
allowed
0 to 12 Months
5
1
3
12 to 24 Months 6 1 2
2 to 13 Years 10 1 0
3 to 13 Years 12 1 0
All school-aged 15 1 0
(c) The staff/child ratio applicable to a classroom shall be posted in that classroom in an area that parents are able to view at all times.
Authority G.S. 110-91(7); 143B-168.3.
10A NCAC 09 .0713 STAFF/CHILD RATIOS FOR CENTERS WITH A LICENSED CAPACITY
OF 30 OR MORE CHILDREN
(a) The staff/child ratios and group sizes for single-age groups of children in centers with a licensed capacity of 30 or more children
shall be as follows:
Age of Children
No. Children
No. Staff
Maximum
Group Size
No. Staff
0 to 12 Months
5
1
10
2
12 to 24 Months 6 1 12 2
2 to 3 Years 10 1 20 2
3 to 4 Years 15 1 25 2
4 to 5 Years 20 1 25 2
(b) In any multi-age group situation, the staff/child ratio for the
youngest child in the group shall be maintained for the entire
group.
(c) Children younger than two years old may be cared for in
groups with older children at the beginning and end of the
operating day provided the staff/child ratio for the youngest
child in the group is maintained.
(d) A child two years of age and older may be placed with
children under one year of age when a physician certifies that the
developmental age of the child makes this placement
appropriate.
(e) When determined to be developmentally appropriate by the
operator and parent, a child age two or older may be placed one
age level above his or her chronological age without affecting
the staff/child ratio for that group. This provision shall be
limited to one child per group.
(f) Except as provided in Paragraphs (c) and (d), (d) of this
Rule, children under one year of age shall be kept separate from
children two years of age and over.
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
46
(g) Children between the ages of 12 months and 24 months shall
not be routinely grouped with older children unless all children
in the group are less than three years old.
(h) When only one caregiver is required to meet the staff/child
ratio, and no children under two years of age are in care, that
person may concurrently perform food preparation or other
duties which are not direct child care responsibilities as long as
supervision of the children as specified in Rule .0714(f) of this
Section is maintained.
(i) When only one caregiver is required to meet the staff/child
ratio, the operator shall select one of the following options for
emergency relief:
(1) The center shall post the name, address, and
telephone number of an adult who has agreed
in writing to be available to provide
emergency relief and who can respond within
a reasonable period of time; or
(2) There shall be a second adult on the premises
who is available to provide emergency relief.
(j) Except as provided in Paragraph (h) of this Rule, staff
members and administrators who are counted in meeting the
staff/child ratios as stated in this Rule shall not concurrently
perform food preparation or other duties which are not direct
child care responsibilities.
(k) The staff/child ratio applicable to a classroom shall be
posted in that classroom in an area that parents are able to view
at all times.
Authority G.S. 110-91(7); 143B-168.3.
SECTION .1600 - REQUIREMENTS FOR VOLUNTARY ENHANCED PROGRAM STANDARDS
10A NCAC 09 .1606 STAFF/CHILD RATIOS
(a) The center shall comply with the staff-child ratios and maximum group sizes set in this Rule.
MAXIMUM
AGE STAFF NO. OF CHILDREN GROUP SIZE STAFF
Birth to 12 Months 1 5 10 2
1 to 2 Years 1 6 12 2
2 to 3 Years 1 9 18 2
3 to 4 Years 1 10 20 2
4 to 5 Years 1 13 25 2
5 to 6 Years 1 15 25 2
6 Years and Older 1 20 25 2
(b) All provisions, excluding staff/child ratios and group sizes of Rules .0712 and .0713 of this Subchapter Chapter shall apply.
(c) To achieve two points for program standards, centers shall meet all requirements for voluntary enhanced program standards in
Section .1600 of this Subchapter, Chapter, except that centers may meet either the staff/child ratios required in Paragraph(a) of this
Rule or the space requirements in Rule .1604 (a) of this Section.
(d) The staff/child ratio applicable to a classroom shall be posted in that classroom in an area that parents are able to view at all times.
Authority G.S. 110-88(7); 143B-168.3.
SECTION .1700 –FAMILY CHILD CARE
HOME REQUIREMENTS
10A NCAC 09 .1701 GENERAL PROVISIONS
RELATED TO LICENSURE OF HOMES
(a) All family child care homes shall comply with the standards
for licensure set forth in this Section. A one- star rated license
shall be issued to a family child care home operator who
complies with the minimum standards for a license contained in
this Section and G.S. 110-91.
(b) If an additional individual provides care on a regular basis of
at least once per week, while the operator is not on the premises,
the additional individual shall meet all requirements for
qualifications, training, and records as found in G.S. 110-91(8),
10A NCAC 09 .2702 and this Section. Copies of required
information shall be on file in the home available for review and
shall be transferable to other family child care homes where the
individual is providing substitute care.
(c) An individual who is a regular substitute and provides care
during planned absences of the operator such as vacations and
scheduled appointments, shall be at least 21 years old, have a
high school diploma or GED, have completed a first aid course
as described in Rule .1705, Paragraphs (a)(3) and (b)(2) of this
Section, have completed a health questionnaire, have proof of
negative results of a tuberculosis test completed within 12
months prior to the first day of providing substitute care, and
submit criminal records check forms as required in 10A NCAC
09 .2702, Paragraph (j). Copies of required information shall be
on file in the home available for review and shall be transferable
to other family child care homes where the individual is
providing substitute care.
(d) It shall be the operator's responsibility to review the
appropriate requirements found in this Subchapter Chapter and
in G.S. 110 with any individuals who are providing care prior to
the individual's assuming responsibility for the children. The
operator and individual providing care shall sign and date a
statement which attests that this review was completed. This
statement shall be kept on file in the home available for review.
(e) An individual who provides care during unplanned absences
of the operator, such as medical emergencies, shall be at least 18
years old and submit criminal records check forms as required in
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
47
10A NCAC 09 .2702, Paragraph (j). The children of an
emergency caregiver shall not be counted in the licensed
capacity for the first day of the emergency caregiver's service.
(f) The provisions of G.S. 110-91(8) which exclude persons
with certain criminal records or personal habits or behavior
which may be harmful to children from operating or being
employed in a family child care home are hereby incorporated
by reference and shall also apply to any person on the premises
with the operator's permission when the children are present.
This exclusion shall not apply to parents or other persons who
enter the home only for the purpose of performing parental
responsibilities; nor does it include persons who enter the home
for brief periods for the purpose of conducting business with the
operator and who are not left alone with the children.
(g) The parent of a child enrolled in any family child care home
subject to regulation under G.S. 110, Article 7 of these Rules
shall be allowed unlimited access to the home during its
operating hours for the purposes of contacting the child or
evaluating the home and the care provided by the operator. The
parent shall notify the operator of his or her presence
immediately upon entering the premises.
(h) Any individual that has primary responsibility for the care of
children enrolled in the family child care home shall not sleep
while the children are in care. An operator licensed to care for
children overnight may sleep during the nighttime hours when
all the children are asleep provided:
(1) the operator and the children in care, excluding
the operator's own children, are on ground
level; and
(2) the operator can hear and respond quickly to
the children if needed; and
(3) a battery operated smoke detector or an
electrically operated (with a battery backup)
smoke detector is located in each room where
children are sleeping.
(i) A family child care home may be licensed to operate for a
maximum of 17 hours during a 24-hour period.
Authority G.S. 110-85; 110-86(3); 110-88(1); 110-91; 110-99;
110-105; 143B-168.3.
10A NCAC 09 .1718 REQUIREMENTS FOR DAILY
OPERATIONS
The operator shall provide the following on a daily basis for all
children in care:
(1) meals and snacks which comply with the Meal
Patterns for Children in Child Care standards
which are based on the recommended nutrient
intake judged by the National Research
Council to be adequate for maintaining good
nutrition. The types of food and number and
size of servings shall be appropriate for the
ages and developmental levels of the children
in care. The Meal Patterns for Children in
Child Care nutrition standards are incorporated
by reference and include subsequent
amendments. A copy of these standards is
available free of charge from the Division at
the address in Rule .0102 of this Subchapter.
Chapter.
(a) No child shall go more than four
hours without a meal or a snack being
provided.
(b) Drinking water shall be freely
available to children and offered at
frequent intervals.
(c) When milk, milk products, or fruit
juices are provided by the operator,
only pasteurized products or products
which have undergone an equivalent
process to pasteurization shall be
used. Any formula which is prepared
by the operator shall be prepared
according to the instructions on the
formula package or label, or
according to written instructions from
the child's health care provider.
(d) Each infant will be held for bottle
feeding until able to hold his or her
own bottle. Bottles will not be
propped. Each child will be held or
placed in feeding chairs or other age-appropriate
seating apparatus to be
fed.
(e) The parent or health care provider of
each child under 15 months of age
shall provide the operator an
individual written feeding schedule
for the child. This schedule shall be
followed at the home. This schedule
shall include the child's name, be
signed by the parent or health care
provider, and be dated when received
by the operator. Each infant's
schedule shall be modified in
consultation with the child's parent or
health care provider to reflect changes
in the child's needs as he or she
develops.
(2) frequent opportunities for outdoor play or
fresh air.
(3) an individual sleeping space such as a bed,
crib, play pen, cot, mat, or sleeping bag with
individual linens for each pre-school aged
child in care for four hours or more, or for all
children if overnight care is provided, to rest
comfortably. Individual sleep requirements
for infants aged 12 months or younger shall be
provided for as specified in 10A NCAC 09
.1724(a)(2). Linens shall be changed weekly
or whenever they become soiled or wet.
(4) a quiet, separate area which can be easily
supervised for children too sick to remain with
other children. Parents shall be notified
immediately if their child becomes too sick to
remain in care.
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
48
(5) visual adequate supervision for all children.
children who are awake. The operator shall be
able to hear and respond quickly to those
children who are sleeping or napping.
Adequate supervision shall mean that staff
interact with the children while moving about
the indoor or outdoor area, and are able to hear
and see the children at all times, except when
emergencies necessitate that direct supervision
is impossible for brief periods of time.
(6) a safe sleep environment by ensuring that
when a child is sleeping, bedding or other
objects shall not be placed in a manner that
covers the child's face.
(7) the opportunity each day for each child under
the age of 12 months to play while awake
while positioned on his or her stomach.
(8) developmentally appropriate activities as
planned on a written schedule. Materials or
equipment shall be available to support the
activities listed on the written schedule. The
written schedule shall:
(a) show blocks of time usually assigned
to types of activities and shall include
periods of time for both active play
and quiet play or rest; and
(b) be displayed in a place where parents
are able to view; and
(c) reflect daily opportunities for both
free-choice and guided activities.
Authority G.S. 110-88; 110-91(2),(12).
SECTION .2200 - ADMINISTRATIVE ACTIONS
AND CIVIL PENALTIES
10A NCAC 09 .2201 ADMINISTRATIVE PENALTIES:
GENERAL PROVISIONS
(a) Pursuant to G.S. 110-102.2, the secretary or designee may
order one or more administrative penalties against any operator
who violates any provision of Article 7 of Chapter 110 of the
General Statutes or of this Subchapter. Chapter.
(b) Nothing in this Section shall restrict the Secretary from
using any other statutory or civil penalty available. A civil
penalty in accordance with G.S. 110-103.1 and Section .2200 of
this Subchapter Chapter may be imposed in conjunction with
any other administrative activity.
(c) The issuance of an administrative penalty may be appealed
pursuant to G.S. 150B-23.
(d) Following the substantiation of any abuse or neglect
complaint or the issuance of any administrative action against a
child care facility, the operator shall notify the parents of the
children currently enrolled that a complaint was substantiated or
that an administrative action was taken against the facility.
(1) The notification shall be in writing and shall
include information on the nature of the
substantiated complaint or the type of
administrative action taken.
(2) The operator shall maintain copies of
documentation of the substantiated complaint
investigation or the administrative action
issued against the facility for the past three
years in a binder, which shall be accessible to
parents.
(3) The written notice shall state where the binder
containing copies of the substantiated
complaint investigation or administrative
action may be found on site for review by the
parents.
(4) The operator shall document the date that the
written notice was given to all parents.
Authority G.S. 110-102.2; 110-103.1; 143B-168.3; 150B-23.
SECTION .2800 - VOLUNTARY RATED LICENSES
10A NCAC 09 .2803 PROGRAM STANDARDS FOR A
RATED LICENSE FOR CHILD CARE CENTERS
(a) To achieve two points for program standards for a star
rating, the center shall meet all requirements for voluntary
enhanced program standards in Section .1600 of this Chapter,
except that either the space requirements in Rule .1604 of this
Subchapter Chapter or the staff/child ratio requirements in Rule
.1606 of this Chapter shall be met.
(b) To achieve three points for program standards for a star
rating, the center shall:
(1) Meet all requirements for voluntary enhanced
program standards in Section .1600 of this
Chapter; and
(2) Have an average score of 4.0 on the
appropriate environment rating scale
referenced in Rule .2802(e) of this Section in
each classroom evaluated.
(c) To achieve four points for program standards for a star
rating, the center shall:
(1) Meet all the requirements for voluntary
enhanced program standards in Section .1600
of this Chapter; and
(2) Have an average score of 4.5 on the
appropriate environment rating scale
referenced in Rule .2802(e) of this Section in
each classroom evaluated.
(d) To achieve five points for program standards for a star
rating, the center shall:
(1) Meet all the requirements for voluntary
enhanced program standards in Section .1600
of this Chapter, except for staff/child ratio
requirements in Rule .1606 in of this Chapter;
and
(2) Meet the staff/child ratios and group sizes set
below;
Maximum
Age of Children No. Children No. Staff Group Size No. Staff
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
49
0 to 12 months 4 1 8 2
1 to 2 years 5 1 10 2
2 to 3 years 8 1 16 2
3 to 4 years 9 1 18 2
4 to 5 years 12 1 24 2
5 to 6 years 14 1 25 2
6 and older 19 1 25 2; 2; and
(3) The staff/child ratio applicable to a classroom
shall be posted in that classroom in an area
that parents are able to view at all times; and
(3)(4) Have an average score of 5.0 on the
appropriate environment rating scale
referenced in Rule .2802(e) of this Section in
each classroom evaluated.
(e) For centers with a licensed capacity of three to twelve
children located in a residence, a Family Day Care Rating Scale
shall be the rating scale used in Subparagraphs (b)(2), (c)(2), and
(d)(3) of this Rule.
Authority G.S. 110-88(7); 110-90(4); 143B-168.3.
TITLE 12 – DEPARTMENT OF JUSTICE
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Private Protective Services Board intends to adopt the rule
cited as 12 NCAC 07D .0405.
Proposed Effective Date: December 1, 2005
Public Hearing:
Date: July 30, 2005
Time: 1:00 p.m.
Location: PPSB Conference Room, 1631 Midtown Place, Suite
104, Raleigh, NC 27609
Reason for Proposed Action: The Board has acknowledged
that there are situations where a licensee should be able to
include individuals in private protective services who are not
currently licensed with the Board. The rule addresses those
situations.
Procedure by which a person can object to the agency on a
proposed rule: Written comments may be submitted to Wayne
Woodard, Director, Private Protective Services Board, 1631
Midtown Place, Suite 104, Raleigh, NC 27609. Said comments
should be submitted no later that September 13, 2005.
Written comments may be submitted to: Wayne Woodard,
Director, Private Protective Services Board, 1631 Midtown
Place, Suite 104, Raleigh, NC 27609.
Comment period ends: September 13, 2005
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
CHAPTER 07 - PRIVATE PROTECTIVE SERVICES
SUBCHAPTER 07D - PRIVATE PROTECTIVE
SERVICES BOARD
SECTION .0400 - PRIVATE INVESTIGATOR:
COUNTERINTELLIGENCE
12 NCAC 07D .0405 STATUS OF UNLICENSED
INDIVIDUALS PARTICIPATING IN RIDE-ALONG
(a) "Ride-along" is defined as an unlicensed and unregistered
individual accompanying a licensed private investigator during a
surveillance in order to familiarize themselves with the activities
that occur within the industry.
(b) An unlicensed individual shall be permitted to observe a
surveillance in the following situations:
(1) An unlicensed individual may accompany a
licensed private investigator; however, the
private investigator shall notify the Board prior
to taking the unlicensed individual on a
surveillance. A private investigator shall not
allow the prospective employee accompany
the investigator more than five times or for
more than 40 hours.
(2) If a private investigator has a preplanned
surveillance, the unlicensed individual may
observe during the surveillance only with the
prior written consent from the client.
(3) For spontaneous occurrences where a private
investigator must conduct an unplanned
surveillance, an unlicensed individual is
allowed to accompany the licensed private
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
50
investigator on that surveillance; however, the
private investigator shall notify the Board the
next business day that an unlicensed individual
observed the surveillance and must notify the
client within 24 hours of the completion of the
surveillance. For spontaneous surveillance, it
shall be prima facie evidence that the
individual is an agent of the company and
should be licensed if more than three
spontaneous surveillances occur in a calendar
year.
(c) The unlicensed individual's participation is limited to
observation of the surveillance. This Rule shall not be construed
as permission for the unlicensed individual to participate in a
surveillance in any other way.
(d) Notification to the Board as is required in this subsection
may be made by letter, facsimile, or by email. However, the
notification shall be verifiable and the private investigator shall
maintain verification of delivery to the Board for a period of
three years.
Authority G.S. 74C-3(a)(8).
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Criminal Justice Education and Training Standards
Commission intends to amend the rules cited as 12 NCAC 09E
.0102, .0105.
Proposed Effective Date: January 1, 2006
Public Hearing:
Date: August 18, 2005
Time: 1:00 p.m.
Location: Department of Correction Office of Staff
Development and Training, 2211 Schieffelin Rd, Apex, NC.
Reason for Proposed Action: The Commission has changed
the required topics for annual In-Service Training for law
enforcement officers. The following topics have been removed:
Hazardous Materials, Bloodborne Pathogens, Juvenile Minority
Sensitivity, Ethical Awareness, and Domestic Violence. The
following topics have been added: Required In-Service Training
and Department Topics of Choice. The total number of annual
in-service training hours remains 24.
Procedure by which a person can object to the agency on a
proposed rule: The objection, reasons for the objection, and
the clearly identified portion of the rule to which the objection
pertains, must be submitted in writing to Teresa Marrella,
Department of Justice, Criminal Justice Standards Division, 114
West Edenton Street, Raleigh, NC 27602.
Written comments may be submitted to: Teresa Marrella,
Department of Justice, 114 West Edenton Street, Raleigh, NC
27602, phone (919)716-6470, fax (919)716-6752, email
tmarrella@ncdoj.com.
Comment period ends: September 13, 2005
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
CHAPTER 09 - CRIMINAL JUSTICE EDUCATION AND
TRAINING STANDARDS
SUBCHAPTER 09E - IN-SERVICE TRAINING
PROGRAMS
SECTION .0100 - LAW ENFORCEMENT OFFICER'S
IN-SERVICE TRAINING PROGRAM
12 NCAC 09E .0102 REQUIRED ANNUAL
IN-SERVICE TRAINING TOPICS
The following topical areas are hereby established as minimum
topics and hours to be included in the law enforcement officers'
annual in-service training program:
(1) Firearms Training and Qualification (8); (4);
(2) Legal Update (4);
(3) Hazardous Materials (2);
(4) Bloodborne Pathogens (2);
(5) Juvenile Minority Sensitivity (2);
(6) Ethical Awareness (2); and
(7) Domestic Violence (4).
(2) Required In-Service Training Topics (12); and
(3) Department Topics of Choice (8).
Authority G.S. 17C-6; 17C-10.
12 NCAC 09E .0105 MINIMUM TRAINING
SPECIFICATIONS: ANNUAL IN-SERVICE TRAINING
The following specifications shall be incorporated in each law
enforcement agency's annual in-service training courses:
(1) Firearms:
(a) Use of Force: review the authority to
use deadly force [G.S. 15A-
401(d)(2)] including the relevant case
law and materials.
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
51
(b) Safety:
(i) range rules and regulations;
(ii) handling of a firearm;
(iii) malfunctions.
(c) Review of Basic Marksmanship
Fundamentals:
(i) grip, stance, breath control
and trigger squeeze;
(ii) sight and alignment/sight
picture;
(iii) nomenclature.
(d) The "Specialized Firearms Instructor
Training Manual" as published by the
North Carolina Justice Academy shall
be applied as a guide for conducting
the annual in-service firearms training
program. Copies of this publication
may be inspected at the office of the
agency:
Criminal Justice Standards Division
North Carolina Department of Justice
114 West Edenton Street
Old Education Building
Post Office Drawer 149
Raleigh, North Carolina 27602
(2) Legal Update; Required In-Service Training
Topics;
(3) Hazardous Materials; Department Topics of
Choice; and
(4) Bloodborne Pathogens;
(5) Juvenile Minority Sensitivity;
(6) Ethical Awareness;
(7) Domestic Violence; and
(8)(4) With the exceptions of Hazardous Materials
and Bloodborne Pathogens, the The Required
In-Service Lesson Plans as published by the
North Carolina Justice Academy shall be
applied as a minimum curriculum for
conducting the annual in-service training
program. Copies of this publication may be
inspected at the office of the agency:
Criminal Justice Standards Division
North Carolina Department of Justice
114 West Edenton Street
Old Education Building
Post Office Drawer 149
Raleigh, North Carolina 27602
and may be obtained at cost from the Academy
at the following address:
North Carolina Justice Academy
Post Office Drawer 99
Salemburg, North Carolina 28385
Authority G.S. 17C-6; 17C-10.
TITLE 16 – DEPARTMENT OF PUBLIC EDUCATION
Notice is hereby given in accordance with G.S. 150B-21.2 that
the State Board of Education intends to amend the rules cited as
16 NCAC 06C .0305, .0307; 06D .0301, .0305, .0501-.0503;
06G .0305, .0312.
Proposed Effective Date: December 1, 2005
Public Hearing:
Date: August 2, 2005
Time: 10:00 a.m.
Location: Room 224 North, Education Building, 301 N.
Wilmington St., Raleigh, NC
Reason for Proposed Action: All amendments are to comply
with requirements of No Child Left Behind Act in accordance
with guidance provided by the U.S. Dept. of Education.
Procedure by which a person can object to the agency on a
proposed rule: Persons may submit objections regarding the
proposed rules to Harry Wilson, Staff Attorney, State Board of
Education, 6302 Mail Service Center, Raleigh, NC 27699-6302.
Written comments may be submitted to: Harry E. Wilson,
6302 Mail Service Center, Raleigh, NC 27699-6302, phone
(919)807-3406, fax (919)807-3198, email
hwilson@dpi.state.nc.us.
Comment period ends: September 13, 2005
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
CHAPTER 06 - ELEMENTARY AND
SECONDARY EDUCATION
SUBCHAPTER 06C – PERSONNEL
SECTION .0300 – CERTIFICATION
16 NCAC 06C .0305 LICENSES FOR NON-TEACHER
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
52
EDUCATION GRADUATES
(a) A person who has not graduated from a teacher education
program that has been approved under Rule .0202 of this
Subchapter who later desires to teach shall have his/her
credentials evaluated by an approved IHE or teacher education
consortium. regional alternative licensing center ("RALC")
established by the Department. The person shall satisfy the
assessment of his/her needs and be recommended by the IHE or
consortium RALC for a license.
(b) Persons who have been selected for employment by a LEA
under the lateral entry provisions of G.S. 115C-296(c) may
obtain a license as follows:
(1) To be eligible for a lateral entry license, a
person shall:
(A) have attained a bachelor's degree in
the license area from a regionally-accredited
IHE;
(B) be recommended for a lateral entry
license by the employing LEA; and
(C) have had a minimum cumulative
grade point average of at least a 2.5
2.5, have five years of experience
considered relevant by the employing
LEA, or have passed the NTE
PRAXIS 1 exams (Preprofessional
Skills Tests in Reading, Writing, and
Mathematics) and have attained one
of the following:
(i) a grade point average of at
least 3.0 on all work
completed in the senior year;
(ii) a grade point average of at
least 3.0 in the major; or
(iii) a grade point average of at
least 3.0 on a minimum of
15 semester hours of
coursework completed
within the last five years.
(2) A person who holds a lateral entry license
shall complete a program that includes the
following components:
(A) The employing LEA shall assess the
person's transcripts and experience in
collaboration with an approved
teacher education program of an IHE
or an alternative licensure program
approved by the SBE. If the
collaboration cannot occur, the LEA
must document its efforts toward
collaboration or the reasons why
collaboration did not occur. The LEA
must send that documentation with its
recommendation that the person be
issued a lateral entry license. As a
result of the assessment, the LEA
may identify competencies for which
the person must receive training;
Completion of an approved teacher
education program in the area of
licensure at a college or university or
completion of a program of study
outlined by the RALC;
(B) attaining a passing score on the
PRAXIS subject exam(s) during the
first two school years of holding the
lateral entry license if the exam was
not the basis of qualifying for the
license;
(C) completion of a staff development
program that includes a two-week
training course prior to beginning the
work assignment;
(D) completion of six semester hours of
course work in the approved program
each school year;
(E) successful completion of at least a
three-year initial licensure program in
the lateral entry license area; and
(F) completion of all the requirements of
this Subparagraph (2) of this Rule
within three years of becoming
eligible for a lateral entry license and
the recommendation of the IHE or
RALC for a clear license.
(3) Individuals who possess five or more years of
experience considered relevant by the
employing LEA and who satisfy testing
requirements for the licensure area within the
first year of teaching shall be issued an initial
license upon:
(A) completion of the NC TEACH
modules or the equivalent through an
approved teacher education program:
(i) The Teacher, The Learner,
and The School;
(ii) Diversity;
(iii) Content Area Pedagogy;
NOTE: The NC TEACH modules are
offered and administered through
North Carolina colleges and
universities that have approved
teacher education preparation
programs.
(B) completion of the NC TEACH
module on Instructional Technology
or its equivalent through an approved
teacher education program,
community college, or through
professional development offered by
the employing LEA; and
(C) completion of one year of successful
teaching as verified by the employing
LEA.
(B)(4) The employing LEA shall commit in writing
to:
(i)(A) provide a two-week pre-work
orientation that includes lesson
planning, classroom organization,
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
53
classroom management, and an
overview of the ABCs Program
including the standard course of study
and end-of-grade and end-of-course
testing;
(ii)(B) assign the person a mentor on or
before the first day on the job;
(iii)(C) provide working conditions that are
similar to those for novice teachers;
(iv)(D) give regular focused feedback to the
person for improving instruction; and
(v)(E) assist the person in accessing
prescribed course work and
professional development
opportunities;
(C) The person shall attain passing scores
on appropriate NTE specialty area or
PRAXIS 2 exams during the first two
years of assignment;
(D) The person shall complete a staff
development program that includes a
two-week training course prior to
beginning the work assignment,
together with 9 renewal hours or 6
semester hours each year;
(E) The person shall successfully
complete the three-year initial
licensure program in the lateral entry
license area the person is seeking;
(F) The person shall present evidence
from evaluations that demonstrates
three years successful experience in
the license area the person is seeking;
(G) The person shall attain a passing
score on the PRAXIS principles of
learning and teaching examination
upon completion of the training
identified as a result of the
assessment described in Part
(b)(2)(A) of this Rule;
(H) The person shall complete all
requirements of this Rule within 5
years of becoming eligible for a
lateral entry license; and
(I) The IHE or alternative licensure
program approved by the SBE shall
recommend to the Department that
the person be licensed.
(c)(5) A person who is qualified to hold at least a
class "A" teaching license may be issued
additional areas of licensure on a provisional
basis as needed by LEAs. The person must
satisfy deficiencies for full licensure at the rate
of six semester hours per year. The person
must complete this yearly credit before the
beginning of the following school year and the
credit must be directly applicable to the
provisional area(s). The person must complete
all credit requirements by the end of the fifth
year of provisional licensure.
(d)(6) The Department shall issue an emergency
license to persons who hold at least a
baccalaureate degree but who do not qualify
for a lateral entry license. The emergency
license shall be valid for one year and may not
be renewed. When it requests an emergency
license for a person, the LEA must document
that no appropriately licensed professionals or
persons who are eligible for a lateral entry
license are available to accept the position.
(1)(A) To be eligible for an emergency
license, the person must have attained
a bachelor's degree from a regionally-accredited
IHE and be recommended
by the employing LEA.
(2)(B) A person who holds an emergency
license shall complete a program that
includes the following components:
(A)(i) The employing LEA shall
commit in writing to:
(i)(I) provide a two-week
pre-work
orientation that
includes lesson
planning, classroom
organization,
classroom
management, and
an overview of the
ABCs Program
including the
standard course of
study and end-of-grade
and end-of-course
testing;
(ii)(II) assign the person a
mentor on or before
the first day on the
job;
(iii)(III) provide working
conditions that are
similar to those for
novice teachers;
(iv)(IV) give regular
focused feedback to
the person for
improving
instruction; and
(v)(V) assist the person in
obtaining a
teaching license.
(B)(ii) The person shall complete a
staff development program
that includes a two-week
training course prior to
beginning the work
assignment.
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
54
(C)(iii) The LEA shall provide the
person with on-going
support designed to enhance
the person's classroom
teaching performance.
Authority G.S. 115C-12(9)a; N.C. Constitution, Article IX, s. 5.
16 NCAC 06C .0307 LICENSE RENEWAL
(a) Licenses shall be valid for a period of five years from the
effective date of issuance. Holders must renew their licenses
within each five-year period. The Department shall apply license
renewal credit to the person's license field(s) and professional
duties.
(b) The Department shall base renewal or reinstatement of a
license on 15 units of renewal credit. A unit of credit shall be
equal to one quarter hour or two-thirds of a semester hour of
IHE college or university credit, 10 hours of professional
development, or one school year of teaching experience.
(c) Effective July 1, 2007, school administrators shall earn at
least five renewal credits during each renewal cycle that focus on
the principal's role in teacher effectiveness, teacher evaluations,
teacher support programs, teacher leadership, teacher
empowerment, and teacher retention.
(c)(d) Currently employed personnel shall maintain an
individual growth plan. These persons may obtain renewal credit
for the following activities:
(1) college or university credit;
(2) teaching experience (one unit for each year);
(3) earning National Board for Professional
Teaching Standards certification or completion
of the National Board for Professional
Teaching Standards certification process (15
units of renewal credit); process, which shall
result in fifteen units of renewal credit;
(4) completing National Board for Professional
Teaching Standards certification renewal,
which shall result in five units of renewal
credit;
(4)(5) completion of activities that meet the
following criteria (one unit of renewal credit
per 10 clock hours): criteria based upon one
unit of renewal credit per 10 clock hours:
(A) the activity shall be delivered in a
minimum of 10 clock hours over time
with on-the-job application, feedback,
and follow-up;
(B) the activity shall have identified goals
and objectives that are designed to
increase knowledge or skills in the
person's license area or job
assignment;
(C) the activity shall include focused
content and instruction that are
sequenced to develop specified
competencies of a specific
population;
(D) the activity shall be conducted by
instructional personnel approved by
the sponsoring school unit or
employer; and
(E) the activity shall include a focused
evaluation designed to gauge the
change in learner knowledge or skill
and to guide the development of
future programs;
(5)(6) independent study of no more than five units
of renewal credit per five-year renewal period
which meets the following criteria:
(A) teachers and other licensed personnel
help to develop local independent
study procedures which the
superintendent shall keep on file and
periodically send to each licensed
employee; and
(B) the employee and the superintendent
or his or her designee shall plan the
experience in advance, including
identification of competencies to be
acquired and an evaluation to
determine satisfactory achievement of
those competencies.
(d)(e) LEAs and governing boards of schools shall assure that
all local courses, workshops and independent study activities
which do not carry IHE credit meet the standards contained in
this Rule.
(e)(f) LEAs may develop an alternative license renewal plan
that is competency-based and results-oriented. The plan must
describe the connection among professional development, the
school improvement plan, and the individual's license area or job
responsibilities through processes such as peer review and
annual evaluation. The plan may waive specific hour
requirements that a licensed employee must meet and focus
instead on knowledge and skill acquired by participants. The
plan must include outcome measures and must be submitted to
the Department for review in advance of its implementation.
(f)(g) LEAs must adopt a procedure to determine the
appropriateness of credit in advance of renewal activities. In
determining appropriateness the LEA must consider direct
relationship to critical job responsibilities, school improvement
plans, and SBE strategic priorities to properly establish credit for
the activity. Each LEA must report on participation in and
effectiveness of professional development to the North Carolina
Professional Teaching Standards Commission on an annual
basis.
(g)(h) Persons who hold a North Carolina license but who are
not currently employed in the public schools or by governing
boards of nonpublic schools may earn renewal credit in college
or university credit activities, or local courses and workshops on
the same basis as currently employed persons. The Department
shall evaluate the appropriateness of the credits based on their
direct relationship to the license field, the suitability of the
content level, and the requirements set out in Paragraph (c) of
this Rule.
Authority G.S. 115C-12(9)(a); N.C. Constitution, Article IX, s. 5.
SUBCHAPTER 06D – INSTRUCTION
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
55
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 unless excluded from
testing as provided by 16 NCAC 6G .0305(g). program.
(b) All public school students enrolled in the 9th, 10th, 11th and
12th grade shall have at least one opportunity each school year
to take the competency tests. tests and computer skills tests.
LEAs shall administer the tests so that any student who does not
pass the tests shall have an opportunity to receive remediation.
Students who fail to attain the required minimum standard for
graduation in the ninth grade shall be given remedial instruction
and additional opportunities to take the test up to and including
the last month of the 12th grade. A student who attains a passing
score, as defined in 16 NCAC 06D .0103(a)(1), .0503, on a
portion of the competency test reading or mathematics tests or a
portion of the multiple choice or performance computer skills
tests does not need to retake that portion of the test. The LEA
shall develop plans to provide remedial services to students who
fail any of the competency tests, tests or 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.
Authority G.S. 115C-12(9)c.
16 NCAC 06D .0305 END-OF-COURSE
ASSESSMENTS
(a) The LEA shall include each student's end-of-course test
assessment results in the student's permanent records and high
school transcript.
(b) The LEA shall give each end-of-course test assessment
within the final 10 days of the course.
(c) Starting with the 2001-2002 school year LEAs shall use
results from all multiple-choice EOC tests (English 1, Algebra I,
Biology, US History, Economic Legal and Political Systems,
Algebra II, Chemistry, Geometry, Physics, and Physical
Science) 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 EOC test end-of-course
assessment results in assigning final grades.
(d) Students who are enrolled for credit in courses in which end-of-
course tests assessments are required shall take the
appropriate end-of-course test. assessment.
(e) Students who are exempt from final exams by local board of
education policy shall not be exempt from end-of-course tests.
assessments.
(f) Each student shall take the appropriate end-of-course test
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 test
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 test assessment is required shall take the
appropriate end-of-course test. assessment.
(i) Effective with the 1999-2000 school year students Students
may drop a course with an end-of-course test assessment within
the first 10 days of a block schedule or within the first 20 days of
a traditional schedule.
Authority G.S. 115C-12(9)c.; 115C-81(b)(4).
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 tests in reading and
mathematics in grades three-eight. In grades
K-two, 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 that are fundamental in this
subject area and that are minimally
sufficient 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
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
56
the achievement needs of students. The
practice shall take into account student
learning styles, effective delivery of content
and skills, diagnosis, monitoring, and
evaluation.
Authority G.S. 115C-12(9b); 115C-81(b)(4);
N.C. Constitution, Article IX, Sec. 5.
16 NCAC 06D .0502 STUDENT ACCOUNTABILITY
STANDARDS
(a) Gateway 1 - Grade 3. In addition to meeting local promotion
requirements, students in grade three shall demonstrate
proficiency by having test scores at Level III or above on end-of-grade
tests 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 four 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 five shall demonstrate
proficiency by having test scores at Level III or above on end-of-grade
tests in both reading and mathematics. Additionally, LEAs
shall use the grade four 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
proficiency level 2.5 grade level proficiency as defined in Rule
.0501(3) of this Section on the grade four 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 five to
determine if students have made adequate progress in order to be
promoted to grade six. 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 six, unless the school principal shall
determine otherwise in consultation with teacher(s). These
requirements shall become effective with the 2000-01 school
year.
(c) Gateway 3 - Grade 8. In addition to meeting local promotion
requirements, students in grade eight shall demonstrate
proficiency by having test scores at Level III or above on an
end-of-grade test in both reading and mathematics. Additionally,
the LEA shall use the grade seven 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
proficiency level 2.5 grade level proficiency as defined in Rule
.0501(3) of this Section on the grade seven 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 eight to
determine if students have made adequate progress to be
promoted to grade nine. 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 nine unless the school principal shall
determine otherwise in consultation with teacher(s). These
requirements shall become effective with the 2001-02 school
year.
(d) Gateway 4—Grade 12. Students shall meet the following
requirements state graduation requirements as defined by Rule
.0503 of this Section and local school board requirements to
receive a North Carolina high school diploma: diploma.
(1) meet existing local and state graduation
requirements;
(2) score at proficiency level III or above on the
exit exam of essential skills. Students shall
take this exam in the spring of the students'
11th grade year. This requirement shall apply
to students who enter the ninth grade for the
first time in the 2001-2002 school year.
(3) achieve a passing score on the computer skills
test as set forth in Rule .0503(c) of this
Subchapter.
Authority G.S. 115C-12(9b); 115C-81(b)(4);
N.C. Constitution, Article IX, Sec. 5.
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:
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
57
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
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
58
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.
(2)(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.
(3)(4) LEAs may count successful completion of
course work in grades 9-12 at a summer school
session toward the requirements of this Rule.
(4)(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
2C .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 (four English, three math,
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
59
three science, three social studies, one 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.
Authority G.S. 115C-12(9b); 115C-81(b)(4);
N.C. Constitution, Article IX, Sec. 5.
SUBCHAPTER 06G - EDUCATION AGENCY
RELATIONS
SECTION .0300 -SCHOOL-BASED MANAGEMENT
AND ACCOUNTABILITY PROGRAM
16 NCAC 06G .0305 DEFINITIONS
For purposes of this Section, the following definitions shall
apply:
(1) "Accountability measures" are SBE-adopted
tests designed to gauge student performance
and achievement.
(2) "Adequate yearly progress" or "AYP" shall
have the same definition as set out in P.L. 107-
110, section 1111(b)(2)(C).
(3) "b0" means the state average growth used in
the regression formula for the respective
grades and content areas (reading and
mathematics) in grades 3 through 8; or the
state average performance used in the
prediction formula for respective high school
end-of-course tests. The constant values for b0
shall be as follows:
(a) for reading:
(i) 8.0 for grade 3;
(ii) 5.2 for grade 4;
(iii) 4.6 for grade 5;
(iv) 3.0 for grade 6;
(v) 3.3 for grade 7;
(vi) 2.7 for grade 8.
(b) for mathematics:
(i) 14.3 for grade 3;
(ii) 7.3 for grade 4;
(iii) 7.4 for grade 5;
(iv) 7.1 for grade 6;
(v) 6.5 for grade 7; and
(vi) 4.9 for grade 8.
(c) for EOC courses:
(i) 60.4 for Algebra I;
(ii) 55.2 for Biology;
(iii) 53.3 for English I;
(iv) 59.3 for Algebra II;
(v) 56.9 for Chemistry;
(vi) 58.5 for Geometry;
(vii) 53.8 for Physical Science;
and
(viii) 56.1 for Physics.
(4) "b1" means the value used to estimate true
proficiency in the regression formulas for
grades 3 through 8. The values for b1 shall be
as follows:
(a) for reading:
(i) 0.47 for grade 3; and
(ii) 0.22 for grades 4 8.
(b) for mathematics:
(i) 0.20 for grade 3; and
(ii) 0.26 for grades 4 through 8.
(5) "b2" means the value used to estimate
regression to the mean in the regression
formula for grades 3 through 8. The values for
b2 shall as follows:
(a) for reading:
(i) -0.98 for grade 3; and
(ii) -0.60 for grades 4 through 8.
(b) for mathematics:
(i) -0.58 for grade 3; and
(ii) -0.58 for grades 4 through 8.
(6) "bIRP" means the value used to estimate the
effect of the school's average reading
proficiency on the predicted average EOC test
score. The values for bIRP shall be as follows:
(a) 0.71 for Biology;
(b) 1.01 for English I;
(c) 0.43 for Algebra II;
(d) 0.42 for Geometry; and
(e) 0.58 for Physical Science.
(7) "bIMP" means the value used to estimate the
effect, as determined by analysis of empirical
data, of the school's average math proficiency
on the predicted average EOC test score. The
values for bIMP shall be as follows:
(a) 0.88 for Algebra I;
(b) 0.32 for Biology;
(c) 0.39 for Geometry;
(d) 0.34 for Physical Science; and
(e) 0.58 for Physics.
(8) "bimp2" means the value used to estimate the
effect, as determined by analysis of empirical
data, of the school's squared average math
proficiency on the predicted average EOC test
score. The value for bimp2 shall be -0.01 for
Biology.
(9) "bimp3" means the value used to estimate the
effect, as determined by analysis of empirical
data, of the school's cubed average math
proficiency on the predicted average EOC test
score. The value for bimp3 shall be -0.001 for
Biology.
(10) "bIAP" means the value used to estimate the
effect of the school's average Algebra I
proficiency on the predicted average EOC test
score. The values for bIAP shall be as follows:
(a) 0.89 for Algebra II;
(b) 0.18 for Chemistry; and
(c) 0.43 for Geometry.
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
60
(11) "bIBP" means the value used to estimate the
effect of the school's average Biology
proficiency on the predicted average EOC test
score. The values for bIBP shall be 0.51 for
Chemistry and 0.66 for Physics.
(12) "bIEP" means the value used to estimate the
effect of the school's average English I
proficiency on the predicted average EOC test
score. The values for bIEP shall be 0.27 for
Chemistry and 0.32 for Physics.
(13)(3) "Compliance commission" means that group
of persons selected by the SBE and authorized
by SBE policy EEO-B-000 to advise the SBE
on testing and other issues related to school
accountability and improvement. The
commission shall be composed of teachers,
principals, central office staff representatives,
local school board representatives, a charter
schools representative, and at-large members
who represent parents, business, and the
community.
(14) "Composite score" means a summary of
student performance in a school. A composite
score shall include reading and mathematics in
grades 3 through 8 and Algebra I & II,
Biology, English I, Geometry, Chemistry,
Physics, and Physical Science, in a school
where one or more of these EOC tests are
administered, as well as student performance
on the NC Computer Skills Test, competency
passing rate, change in dropout rates, and
percent diploma recipients who satisfy the
requirements for College University
Prep/College Tech Prep courses of study in
grades 9 through 12 to the extent that any
apply in a given school.
(4) "C-scale" means change scale, which is a
standardized scale to measure student
performance across the years and content
areas. To convert the developmental scale
scores to c-scale scores, subtract the state
mean for the standard setting year from the
developmental scale score, and then divide by
the standard deviation for the standard setting
year.
(5) "C-ratio" means the ratio of student scores that
achieve an academic change of "0.00" or
greater to those with an academic change of
less than "0.00", including in the numerator for
high schools when used for calculating high
growth, the factor for change in college tech
prep and college university prep graduation
rate and the change in competency test pass
rate and including in the denominator, the
factor for change in drop out rate.
(15)(6) "Eligible students" means the total number of
students in membership in the respective
grades or enrolled in the respective EOC
courses at the time the tests are administered in
a statewide assessment.
(16)(7) "Expected growth" means the amount of
growth in student performance that is
projected through use of the regression
formula in grades 3 through 8 in reading and
mathematics. having met the standard defined
by students on average performing as well in
their current grade or content as is typical for
the same student in previous grades and
contents when using the change scale to
compare and allowing for a factor of
regression to the mean as defined in this
policy.
(17)(8) "High growth" means the amount of growth in
student performance in grades 3 through 8 in
reading and mathematics that is projected
through use of the regression formula that
includes the state average growth adjusted by
an additional ten percent (10%). school has
met the standard of having a c-ratio of 1.50 or
greater.
(18)(9) "Growth standards" means and includes
collectively all the factors defined in this Rule
that are used in the calculations described in
Paragraph (h) of Rule .0312 of this Section to
determine a school's growth/gain composite.
(19) "IRM" is the index of regression to the mean
used in the regression formula. The SBE shall
compute the IRM for reading by subtracting
the North Carolina average (the state average)
reading scale score from the local school
average reading scale score. The SBE shall
compute the IRM for mathematics by
subtracting the state average mathematics
scale score from the local school average
mathematics scale score. For grades 3-8 the
SBE shall base the state average (the baseline)
on data from the 1994-95 school year. For the
third grade pretest in reading the SBE shall
base the state average on data from the 1996-
97 school year. For the third grade pretest in
mathematics the SBE shall base the state
average on data from the 2000-01school year.
(20) "ITP" is the index of true proficiency used in
the regression formula. The SBE shall
compute the ITP by adding the state average
scale scores in reading and mathematics and
subtracting that sum from the addition of the
local school average scale scores in reading
and mathematics. The SBE shall base the state
averages (the baselines) on data from the
school years specified in subdivision (19) of
this Rule.
(21) "IRP" is the index of reading proficiency used
in the prediction formula. The SBE shall
compute the "IRP" by calculating the average
reading scale score for students in the school
and subtracting the average reading scale score
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
61
for North Carolina schools. The SBE shall
base the state average on data from the 1998-
99 school year.
(22) "IMP" is the index of mathematics proficiency
used in the prediction formula. The SBE shall
compute the "IMP" by calculating the average
mathematics scale score for students in the
school and subtracting the state average
mathematics scale score. The SBE shall base
the state average (the baseline) on data from
the 1998-99 school year.
(23) "IAP" is the index of Algebra I proficiency
used in the prediction formula. The SBE shall
compute the "IAP" by calculating the average
Algebra I scale score for students in the school
and subtracting the state average Algebra I
scale score. The SBE shall base the state
average (the baseline) on data from the 1998-
99 school year.
(24) "IBP" is the index of Biology proficiency used
in the prediction formula. The SBE shall
compute the "IBP" by calculating the average
Biology scale score for students in the school
and subtracting the state average Biology scale
score. The SBE shall base the state average
(the baseline) on data from the 1998-99 school
year.
(25) "IEP" is the index of English I proficiency
used in the prediction formula. The SBE shall
compute the "IEP" by calculating the average
English I scale score for students in the school
and subtracting the state average English I
scale score. The SBE shall base the state
average (the baseline) on data from the 1998-
99 school year.
(26)(10) "Performance Composite" is the percent of
scores of students in a school that are at or
above Achievement Level III, are at a passing
level on the North Carolina Computer Skills
Test (students in eighth grade only) as
specified by 16 NCAC 06D .0503(f), and at
proficiency level or above on the North
Carolina Alternate Assessment Portfolio or the
North Carolina Alternate Assessment
Academic Inventory to the extent that any
apply in a given school and consistent with
United States Department of Education
regulations concerning alternate assessments
based on alternate achievement standards.
assessments. The SBE shall:
(a) determine the number of scores that
are at Level III or IV in reading, or
mathematics, or writing (starting in
the 2004-05 school year) across
grades three through eight, or on all
EOC tests administered as a part of
the statewide testing program; add the
number of scores that are at a passing
level on the NC North Carolina
Computer Skills Test (students in
eighth grade only); add the number of
scores that are proficient or above on
the North Carolina Alternative
Assessment Portfolio; add the number
of student scores on the North
Carolina Alternate Assessment
Academic Inventory and use the total
of these numbers as the numerator;
(b) determine the number of student
scores in reading, or mathematics, or
writing (starting in the 2004-05
school year), across grades three
through eight, or on all EOC tests
administered as part of the statewide
testing program; add the number of
student scores on the N.C. Computer
Skills Test (students in eighth grade
only); students in grade eight; add the
number of student scores on the
North Carolina Alternate Assessment
Portfolio; add the number of student
scores on the North Carolina
Alternate Assessment Academic
Inventory and use the total of these
numbers as the denominator; and
(c) total the numerators for each content
area and subject, total the
denominators for each content area
and subject, and divide the
denominator into the numerator and
multiply the quotient by 100 to
compute the performance composite.
(27) "Predicted EOC mean" is the average student
performance in a school on an EOC test that is
projected through the use of the prediction
formula.
(28) "Predicted EOC high mean" is the average
student performance in a school on an EOC
test that is projected through the use of the
prediction formula that includes the state
average adjusted by an additional three percent
(3%).
(29) "Prediction formula" means a regression
formula used in predicting a school's EOC test
mean for one school year.
(30)(11) "Regression formula" coefficient" means a an
adjustment factored into the expected growth
formula that defines one variable in terms of
one or more other variables for the purpose of
making a prediction or constructing a model.
about expected student performance. For the
purposes of figuring student growth (academic
change) the factor shall be 0.08 when using the
average of two previous assessments and 0.18
when using a single assessment.
(31) "Standard deviation" is a statistic that indicates
how much a set of scores vary. Standard
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
62
deviation baseline values used for the growth
standards are as follow:
(a) for reading in grades K-8:
(i) 1.6 for grade 3;
(ii) 1.3 for grade 4;
(iii) 1.2 for grade 5;
(iv) 1.3 for grade 6;
(v) 1.1 for grade 7; and
(vi) 1.2 for grade 8.
(b) for mathematics in grades K-8:
(i) 1.7 for grade 3;
(ii) 2.1 for grade 4;
(iii) 2.0 for grade 5;
(iv) 2.1 for grade 6;
(v) 2.0 for grade 7; and
(vi) 1.7 for grade 8.
(c) for courses with an EOC test:
(i) 3.3 for Algebra I;
(ii) 2.6 for Biology;
(iii) 1.8 for English I;
(iv) 2.9 for Algebra II;
(v) 2.5 for Chemistry;
(vi) 2.5 for Geometry;
(vii) 2.5 for Physical Science;
(viii) 3.3 for Physics;
(ix) 10.0 for College University
Prep/College Tech Prep
(CUP/CTP);
(x) 12.8 for Competency
Passing Rate; and
(xi) 2.1 for the ABCs Dropout
Rate.
(12) "Standard setting year" means the first year of
the test edition implementation.
(13) "Students with the most significant cognitive
disabilities" means students with disabilities
whose IEP has determined shall be assessed
either by using the NCAAI three or more years
below assigned grade level or the NCAAP as
an alternate assessment.
(14) "Students with persistent academic
disabilities" means students with disabilities
whose IEP team has determined shall be
assessed by using the NCAAAI one or two
years below assigned grade level as an
alternate assessment.
(32)(15) "Weight" means the number of students used
in the calculation of the amount of growth/gain
growth for a subject or content area. area, and
the College University Prep/College Tech
Prep, the Competency Passing Rate, and the
ABCs Dropout Rate components.
Authority G.S. 115C-12(9)c4.
16 NCAC 06G .0312 ANNUAL PERFORMANCE
STANDARDS
(a) In carrying out its duty under G.S. 115C-105.35 to establish
annual performance goals for each school, the SBE shall use
both growth standards and performance standards. (NOTE: see
SBE policy HSP-C-020, which lists the components of the
ABCs Accountability Program including Adequate Yearly
Progress (AYP).)
(1) The SBE shall calculate the expected growth
for grades 3 through 8 in an individual school
by using the regression formula "Expected
Growth = b0 + (b1 x ITP) + (b2 x IRM)." In
grades 3-8, when two previous assessments are
available, the expectation for student
performance in the change scale shall be the
average of the two previous assessments minus
the results of multiplying the average by the
factor for regression to the mean. When only
one previous assessment is available, the
expectation for student performance shall be
the previous assessment score on the change
scale minus the result of multiplying the
previous score by the factor for regression to
the mean as defined in 16 NCAC 06G .0305.
(2) The SBE shall calculate the predicted EOC
expected mean for courses in which end-of-course
tests are administered by using the
prediction formulas that follow. The
expectation for EOC scores shall be the
average of the two previous assessments as
specified below (should they be available) or
the one assessment specified below minus the
result of multiplying the regression to the
mean as defined in 16 NCAC 06G .0305 by
either the average of the two previous
assessments or the previous assessment. The
expected performance for each EOC subject
shall be based upon previous performance on
the EOG or EOC scores as follows:
(A) "Predicted Algebra I Mean Score = b0
+ (bIMP x IMP)," where (bIMP x IMP)
is the impact of Mathematics
Proficiency. For Biology, use EOG
Reading Grade 8 and English I, if
available, or EOG Reading Grade 8 if
English I is not available.
(B) "Predicted Biology Mean Score = b0
+ (bIRP x IRP) + (bIMP x IMP) + (bIMP2
x IMP2) + (bIMP3 x IMP3)," where
(bIRP x IRP) is the impact of Reading
Proficiency and (bIMP x IMP) is the
impact of Mathematics Proficiency.
For Physical Science, use EOG
Mathematics Grade 8.
(C) "Predicted English I Mean Score = b0
+ (bIRP x IRP)," where (bIRP x IRP) is
the impact of Reading Proficiency.
For Physics, use Chemistry and
Geometry score.
(D) "Predicted Algebra II Mean Score =
b0 + (bIRP x IRP) + (bIAP x IAP),"
where (bIRP x IRP) is the impact of
Reading Proficiency and (bIAP x IAP)
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
63
is the impact of Algebra Proficiency.
For Chemistry, use Biology score.
(E) "Predicted Chemistry Mean Score =
b0 + (bIAP x IAP) + (bIBP x IBP) +
(bIEP x IEP)," where (bIAP x IAP) is
the impact of Algebra Proficiency,
(bIBP x IBP) is the impact of Biology
Proficiency, and (bIEP x IEP) is the
impact of English I Proficiency. For
Algebra II, use Algebra I score.
(F) "Predicted Geometry Mean Score =
b0 + (bIRP x IRP) + (bIMP x IMP) +
(bIAP x IAP)," where (bIRP x IRP) is
the impact of Reading Proficiency,
(bIMP x IMP) is the impact of
Mathematics Proficiency, and (bIAP x
IAP) is the impact of Algebra I
Proficiency. For Algebra I, use EOG
Mathematics Grade 8.
(G) "Predicted Physical Science Mean
Score = b0 + (bIRP x IRP) + (bIMP x
IMP)," where (bIRP x IRP) is the
impact of Reading Proficiency and
(bIMP x IMP) is the impact of
Mathematics Proficiency. For
Geometry, use Algebra I and EOG
Mathematics Grade 8 if available, or
Algebra I only, if EOG Mathematices
Grade 8 is not available.
(H) "Predicted Physics Mean Score = b0 +
(bIMP x IMP) + (bIBP x IBP) + (bIEP x
IEP)," where (bIMP x IMP) is the
impact of Mathematics Proficiency,
(bIBP x IBP) is the impact of Biology
Proficiency, and (bIEP x IEP) is the
impact of English I Proficiency.
(3) To be included in accountability measures for
the growth standard, a student must:
(A) have a pre-test score and a post-test
score as listed in subdivision (2)
above or the previous two years EOG
assessments if available, or last year's
assessment if two years are not
available.
(B) have been in membership for the full
academic year, which is defined as
140 of 180 days as of the time of
EOG or EOC testing in a school on
traditional schedule, or 70 of 90 days
as of the time of EOC testing in a
school on block schedule.
(4) Students shall be included in the performance
composite without reference to pretest scores
or length of membership.
(b) Schools shall be accountable for student performance and
achievement. This paragraph describes the conditions under
which an eligible student's scores shall be included in the
accountability measures for the school that the student attended
at the time of testing.
(1) To be included in accountability measures for
the growth standard, a student in grade three
through grade eight must:
(A) have a pre-test score and a post-test
score in reading and mathematics. For
students in grade three the pre-test
score refers to the score from the
third-grade end-of-grade test
administered in the Fall of the third
grade and the post-test score refers to
the score from the end-of-grade test
administered in the Spring of the third
grade. For students in grades four
through eight, the pre-test score refers
to the score from the previous year's
end-of-grade test and the post-test
score refers to the score from the
current year's end-of-grade test; and
(B) have been in membership for the full
academic year (defined as 140 of 180
days as of the time of EOG testing.).
(2) To be included in accountability measures for
Algebra I, Algebra II, Biology, Chemistry,
English I, Geometry, Physical Science, or
Physics, a student must have scores for all
tests used in the prediction formula.
(3) Students shall be included in the performance
composite without reference to pretest scores
or length of membership.
(c)(b) Each K-8 school shall test at least 95 percent of its
eligible students. All eligible students shall take the SBE-adopted
tests. If a school fails to test at least 95 percent of its
eligible students for two consecutive school years, the SBE may
designate the school as low-performing and may target the
school for assistance and intervention. Each school shall make
public the percent of eligible students that the school tests.
(d)(c) High schools shall test at least 95 percent of enrolled
students who are subject to EOC tests, regardless of exclusions.
High schools that test fewer than 95 percent of enrolled students
for two consecutive years may be designated as low-performing
by the SBE. Demographic information from the state student
information management system shall be used for each student.
In the case of disagreement between the information coded on an
answer document and the state student information system used
by the LEA, the information in the student information
management system shall be used. In the event that required
demographic information is not a part of the state student
information management system, the LEA shall comply with
data requests, in electronic format or by coding on answer
documents as required by the SBE.
(e) All students shall take the SBE-adopted tests. Every student
in membership in a grade or course in which testing is required
shall complete or have completed by a school employee
designated by the principal an answer document. The
requirement for a completed answer document shall not apply to
writing tests.
(f)(d) Students identified as limited English proficient and
students with disabilities shall be included in the statewide
testing program as follows: standard test administration,
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
64
standard test administration with
accommodations/modifications, accommodations, or the state-designated
alternate assessments (North Carolina Alternate
Assessment Academic Inventory (NCAAAI) or North Carolina
Alternate Assessment Portfolio (NCAAP)). (NCAAAI).
(1) Limited Students identified as limited English
proficient students who have been assessed on
the state identified English language
proficiency test tests as below
intermediate/high in reading and who have
been enrolled in United States schools for less
than two years may participate in the
NCAAAI as an alternate assessment for up to
2 years in US schools. The NCAAAI may be
used as an alternate assessment in the areas of
reading and mathematics at grades 3-8 and 10,
writing at grades 4, 7, and 10, and in high
school courses in which an end-of-course test
is administered. Limited Students identified as
limited English proficient students who have
been assessed on the state identified English
language proficiency test tests (SBE policy
HSP-A-011) as below superior in writing and
who have been enrolled in United States
schools for less than two years may participate
in the NCAAAI in writing for grades 4, 7, and
10 for up to 2 years in US schools. 10.
(2) All students identified To be identified as
limited English proficient students must be
assessed using the state identified English
language proficiency test tests at initial
enrollment enrollment. All students identified
as limited English proficient must be assessed
using the state identified English language
proficiency test and annually thereafter during
the window of February 1 to April 30. A
student who enrolls after January 1 does not
have to be retested during the same school
year. Limited Students identified as limited
English proficient students who are
administered the NCAAAI shall not be
assessed off grade level. level unless they are
identified as having an additional status as a
student with a disability.
(3) Schools shall:
(A) continue to administer state reading
and mathematics reading,
mathematics, EOC assessments, and
writing tests for LEP students
identified as LEP who score at or
above intermediate/high on the
reading section of the state English
language proficiency reading test
during their first year in US schools.
Results from these assessments shall
be included in the ABCs and AYP.
(B) not require LEP students identified as
LEP who score below
intermediate/high on the reading
section of the state English language
proficiency reading test in their first
year in US schools to be assessed on
the reading end-of-grade tests, High
School Comprehensive Test in
Reading, NC writing assessment, or
the NC Alternate Assessment
Academic Inventory (NCAAAI) for
reading. reading, or the NCAAAI for
writing.
(1) Scores from students who
are in their first year in
schools and have scored
below intermediate high on
the reading section of the
state identified English
language proficiency test
shall not be included in
either growth, the
performance composite or
AYP determinations for
reading or mathematics.
(2) For purposes of determining
participation, the state
identified English language
proficiency reading test will
be used as reading
participation for the students
identified in this section and
participation in the state
identified English language
proficiency writing test will
be used as writing
participation for students
identified in this section.
(C) for purposes of determining the 95%
tested rule in reading, use the
language proficiency test from the
spring administration for these
students. include students previously
identified as LEP, who have exited
LEP identification during the last two
years, in the calculations for
determining the status of the LEP
subgroup for AYP only if that
subgroup already met the minimum
number of 40 students required for a
subgroup.
(D) not count mathematics results in
determining AYP or ABCs
performance composite scores for
LEP students who score below
Intermediate High on the reading
section of the language proficiency
test in their first year in US schools.
(E) include students previously identified
as LEP, who have exited LEP
identification during the last two
years, in the calculations for
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
65
determining the status of the LEP
subgroup for AYP only if that
subgroup already met the minimum
number of 40 students required for a
subgroup.
(4) All students with disabilities including those
identified under Section 504 in membership in
grades 3-8 and 10 and in high school courses
in which an end-of-course test is administered
shall be included in the statewide testing
program through the use of state tests with or
without accommodations or an alternate
assessment. The student's IEP team shall
determine whether a testing accommodation is
appropriate for that student's disability or
whether the student should be assessed using
the state-designed NCAAAI as the alternate
assessment.
(g)(e) Students All students with disabilities including those
identified under Section 504 in membership in grades 3-8 and 10
with serious cognitive deficits documented in their
Individualized Education Programs (IEPs) who are three or more
years below grade level shall participate in the North Carolina
Alternate Assessment Portfolio or the North Carolina Alternate
Assessment Academic Inventory (NCAAAI) as an alternate
assessment. and in high school courses in which an end-of-course
test is administered shall be included in the statewide
testing program through the use of state tests with or without
accommodations or an alternate assessment.
(1) The student's IEP team shall determine
whether a student can access the test without
accommodations, with one or more
accommodations, or whether the student
should be assessed using a state-designed
alternate assessment.
(2) Students with disabilities in grades 3-8 and 10
with the most significant cognitive disabilities
may participate either in the North Carolina
Alternate Assessment Portfolio or the North
Carolina Alternate Assessment Academic
Inventory (NCAAAI) three or more years
below assigned grade level as an alternate
assessment.
(A) For the purposes of ABCs
performance composite and AYP
these students shall be evaluated by
alternate achievement standards.
(B) LEAs shall be held to having a
maximum of 1% of their students as
described in Paragraph (2) in tested
grades (3 through 8 and 10) proficient
based on alternative achievement
standards for AYP and ABCs
purposes. This prohibition shall not
apply to student level accountability.
If an LEA finds that greater than 1%
of its students in these grades are
proficient based on alternate
achievement standards, the LEA
superintendent may apply to the state
superintendent for an exception as
prescribed in the Federal Register
Vol. 68 No. 236 page 68703 RIN
1810-AA95.
(C) If an LEA does not receive an
exception to the 1% limit and it has
exceeded this limit, the state shall
randomly reassign enough proficient
student scores for students held to
alternate achievement standards to
non-proficient such that the LEA will
fall within the 1% limitation. This
process shall be done using a
statistically random process across
schools in the LEA and shall apply to
AYP and ABCs statuses but not to
students.
(3) Students with disabilities in grades 3-8 and 10
with persistent academic disabilities as
referenced in the NC Accountability workbook
(as accepted by the US Department of
Education) may participate in the North
Carolina Alternate Assessment Academic
Inventory (NCAAAI) below assigned grade
level as an alternate assessment.
(A) For the purposes of ABCs
performance composite and AYP
these students shall be evaluated by
alternate achievement standards.
(B) LEAs shall be held to having a
maximum of 2% of their students as
described in Paragraph (3) in tested
grades (3 through 8 and 10) proficient
based on alternative achievement
standards for AYP and ABCs
purposes. This prohibition shall not
apply to student level accountability.
If an LEA finds that greater than 2%
of its students in these grades are
proficient based on alternate
achievement standards, the LEA
superintendent may apply to the state
superintendent for an exception as
prescribed in the Federal Register
Vol. 68 No. 236 page 68703 RIN
1810-AA95.
(C) If an LEA does not receive an
exception to the 2% limit and it has
exceeded this limit, the state shall
randomly reassign enough proficient
student scores for students held to
alternate achievement standards to
non-proficient such that the LEA will
fall within the 2% limitation. This
process shall be done using a
statistically random process across
schools in the LEA and shall apply to
PROPOSED RULES
20:02 NORTH CAROLINA REGISTER July 15, 2005
66
AYP and ABCs statuses but not to
students.
(h)(f) The SBE shall calculate a school's expected attainment of
growth composite in student performance using the following
process:
(1) Review expected and high growth standards
for all grades, subjects, and EOC courses.
Convert all student scores to the change scale.
(2) Determine the actual growth in reading and
mathematics at each grade level included in
the state testing program, using data on groups
of students identified by paragraph (b)(1) of
this Rule and determine the actual EOC mean
for EOC tests using data on the groups of
students identified by paragraph (b)(2) of this
Rule from one point in time to another point in
time. Calculate the difference between the
expectation for each student using the previous
assessments as outlined in this policy
(including the factor for regression to the
mean) and the student's actual performance in
the current year's assessments.
(3) Subtract the expected growth from the actual
growth in reading and mathematics at grades 3
through 8; then subtract the predicted EOC
mean from the actual EOC mean for EOC
tests. Average together all differences from all
grades and subjects encompassed in the
school. This is the Academic Change term.
(4) Divide the differences for reading and
mathematics by the standard deviations of the
respective differences in growth/gain at each
grade level and for each EOC to determine the
standard growth score.
(5)(4) The SBE shall calculate a school's growth
component in college university prep/college
tech prep using the following process:
(A) Compute the percent of graduates
who receive diplomas (minus the
diploma recipients who completed the
Occupational Course of Study) who
completed either course of study in
the current accountability year.
Students shall be counted only once if
they complete more than one course
of study.
(B) Find the baseline, which is the
average of the two prior school years'
percent of graduates who received
diplomas and who completed a
course of study (except for the
Occupational Course of Study).
(C) Subtract the baseline from the current
year's percentage.
(D) Subtract 0.1, unless the percentages
are both 100. If both percentages are
100, the gain is zero.
(E) Divide by 10.0, which is the
associated standard deviation. The
result is the standard growth for
college university prep/college tech
prep. This number is then multiplied
by the number of graduates for
inclusion in the growth standards.
(6)(5) The SBE shall calculate a school's expected
growth component in the competency passing
rate by comparing the grade 10 competency
passing rate to the grade 8 passing rate for the
group of students in grade 10 who also took
the 8th-grade 8th grade end-of-grade test.
(A) Subtract the grade 8 rate from the
grade 10 rate.
(B) Subtract 0.1.
(C) Divide by 12.8, which is the standard
deviation. The result is the standard
growth in competency passing rate.
Multiply this number by the number
of 10th graders included in the
calculation for inclusion in the
growth standards.
(7)(6) Multiply the expected standard growth scores
for reading and mathematics at each grade
level from grade 3 to 8, EOC prediction,
competency pass