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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
Object Description
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Title | North Carolina register |
Date | 2005-07-15 |
Description | Volume 20, Issue 2, (July 15, 2005) |
Digital Characteristics-A | 677 KB; 74 p. |
Digital Format |
application/pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_borndigital\images_master\ |
Full Text | 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 |
OCLC number | 13686205 |