PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
1510/4200/7270
1710/4021/7230
Policy Title
School Safety
Prohibition
Against
Discrimination,
Harassment, and
Bullying
Description of Update
Legal Authority
Involved
Notes
 Adds requirement for
superintendent to provide
emergency response information
to the state emergency
management division and to
provide digital
schematic diagrams of school
facilities to the state emergency
management division and to
local law enforcement.
(Required)
 Adds requirement to provide law
enforcement with emergency
access to key storage devices
and to update the access when
changes to the devices are made.
(Required)
 Updates the legal references.
(Required)
 Adds a new hyperlink under the
“other resources” section.
(Optional)
 Updates the footnotes.
(Informational only)
G.S. 115C-105.53
and -105.54
S.L. 2014-100, Section 8.20(c),
requires that the schematic diagrams
be provided to local law enforcement
agencies and the Division of
Emergency Management at the
Department of Public Safety by June
1, 2015.
 Adds sexual assault to the list of
examples of sexually harassing
conduct. (Recommended)
 Adds requirement that bullying
policies be distributed to
students, employees, and parents
at the beginning of each school
year and clarifies that both
components of the board’s
bullying policies
(1710/4021/7230 and
1720/4015/7225) must be
publicized on the school system
website and in handbooks and
other publications. (Required)
 Adds information in Section G to
comply with requirement of the
Office for Civil Rights (OCR)
that LEAs publish contact
information for (1) OCR and (2)
the school system employee
responsible for coordinating the
LEA’s efforts to comply with
G.S. 115C407.16(d)
N.C. Sess. Law
(S.L.) 2014-100, s.
8.20
[The provisions updated in this
policy have also been added to
policy 9220, Security of Facilities,
included later in this update.]
S.L. 2014-100, s.
8.32(a)
Dear Colleague
Letter, U.S.
Department of
Education, Office
for Civil Rights,
(April 4, 2011)
Alternately, the board may move the
information in Section G to policy
1720/4015/7225, Discrimination,
Harassment, and Bullying Complaint
Procedure, OR publish it elsewhere
with the board’s notice of
nondiscrimination, such as on school
websites and in publications that set
forth expected standards of conduct.
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
1 of 16
PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
Policy Title
Description of Update
Legal Authority
Involved
Notes
Enforcement
guidance from the
Office for Civil
Rights
These requirements are imposed by
the Office for Civil Rights. See, e.g.,
Dear Colleague Letter, U.S.
Department of Education, Office for
Civil Rights, (April 4, 2011). Some
LEAs in our state have recently been
advised by OCR to revise their nondiscrimination policies to include
these elements.
federal non-discrimination laws.
(Recommended – see note)
 Updates the legal references.
(Required)
 Updates the footnotes
(Informational only)
1720/4015/7225
Discrimination,
Harassment, and
Bullying
Complaint
Procedure
 Clarifies throughout the policy
that it also applies to complaints
arising under policy
1730/4022/7231,
Nondiscrimination on the Basis
of Disabilities. (Strongly
recommended)
 In Section B.4, clarifies that
reports will be investigated and
acted upon as appropriate
regardless of alleged victim’s
willingness to cooperate.
(Strongly recommended)
 In Section C.1, adds information
regarding contact information for
LEA’s Title IX and Section
504/ADA coordinators and
provides contact information for
complaints to be filed with the
Office for Civil Rights.
(Strongly recommended)
 Revises Section C.3 pertaining to
informal resolution to specify
that (1) mediation cannot be used
to resolve complaints alleging
sexual assault or sexual violence
or complaints of sexual
harassment perpetrated by an
employee against a student,
(Required—see note) (2) using
informal resolution procedures
must be voluntary, (Required –
see note) and (3) informal
resolution must conclude within
a reasonable period of time.
(Required – see note) (The 30
day limit specified in the policy
is not legally required, but is
recommended.)
 Revises Section D.2 to ensure
that the all witnesses and
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
2 of 16
PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
Policy Title
Description of Update




3210
3225/4312/7320
Legal Authority
Involved
Notes
evidence identified by the parties
are considered in the
investigation. (Required – see
note)
Establishes a “preponderance of
the evidence” standard for
violations of the policy.
(Required – see note)
Clarifies that notice of the results
of a complaint investigation
must be provided in writing.
(Recommended - see note)
Updates the legal references.
(Required)
Updates the footnotes.
(Informational only)
Parental
Inspection of and
Objection to
Instructional
Materials
 Clarifies that the term
“instructional materials” does
not include academic tests or
assessments, in accordance with
the definition in federal law.
(Strongly recommended)
 Clarifies that some instructional
materials available through the
Internet may not be available for
review in advance. (Strongly
recommended).
 Replaces reference to the
Common Core and North
Carolina Essential Standards
with “current statewide
instructional standards.”
(Required – see note)
20 U.S.C. 1232h
Technology
Responsible Use
 Adds language to notify users of
school system’s monitoring
activities. (Recommended)
 Rewrites Section E to broaden
the resources and uses of school
system technology in which the
user should have no expectation
of privacy and whose content
may be subject to monitoring
and/or disclosure.
(Recommended)
 Updates reference to NCWISE
in subsection B.14. (Required)
U.S. Const. amend.
XIV
S.L. 2014-78
Alternately, the reference to
Common Core and North Carolina
Essential Standards could be
replaced with “the North Carolina
Standard Course of Study.”
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
3 of 16
PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
Policy Title
Description of Update
Legal Authority
Involved
Notes
G.S. 115C-174.13
S.L. 2014, s. 49.2 added a new
provision to previously existing law,
G.S. 115-174.13, which provides an
exception to the public records law
for written material containing the
identifiable scores of individual
students on any test taken pursuant to
the state testing program. The new
 Updates and adds footnotes
(Informational only)
3320
School Trips
 Adds new section B addressing
parental notice and consent.
(Recommended)
 Adds new section G addressing
non-school sponsored trips.
(Recommended)
 Clarifies that the policy applies
to trips taken by extracurricular
groups but includes exception
for athletic teams traveling to
participate in regular season or
playoff events. (Optional)
 Prohibits trips outside the
continental U.S. (Optional)
 Clarifies fees provision.
(Recommended)
 Specifies that the Code of
Student Conduct and other
school rules apply while
participating in a school trip.
(Recommended)
 Specifies that contracts for
transportation and lodging are
subject to approval in
accordance with policy 6420,
Contracts with the Board.
(Recommended)
 Requires the superintendent to
develop any additional
regulations necessary to
implement policy provisions.
(Optional)
 Updates the cross references.
(Recommended)
 Updates and adds new footnotes.
(Optional)
3410
Testing and
Assessment
Program
 In Section A, adds requirement
to comply with “relevant law” in
provision discussing
maintenance of test security.
(Strongly recommended – see
note)
 In Section C.4, deletes and
S.L. 2014-115, s.
49.2
G.S. 115C-402.5
S.L. 2014-50
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
4 of 16
PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
Policy Title
Description of Update





replaces reference to repealed
statute. (Required)
Updates the legal references
(Required)
Updates the cross references
(Recommended)
Updates the “other references”
section to remove publication
dates, as these change
frequently. (Recommended)
Updates hyperlinks in footnotes
10 and 11 to link to a more
permanent location (Optional –
the “old” link still works).
Adds new footnotes 6 and 14.
(Informational only)
Legal Authority
Involved
The Family
Educational Rights
and Privacy Act,
20 U.S.C. 1232g,
34 C.F.R. part 99
Notes
provision clarifies that the state tests
themselves also are not public
records until they are released by the
State Board of Education. We added
both of these exceptions to policy
5070/7350, Public Records –
Retention, Release, and Disposition,
in this update.
In addition, both the federal student
data privacy law (FERPA) and a new
state statute, G.S. 115C-402.5,
protect the unauthorized disclosure
of personally identifiable information
in student records generally.
The change to policy 3410 is
intended to acknowledge these
requirements which are relevant to
the security of the testing program.
3420
Student
Promotion and
Accountability
 Adds new section E, pertaining
to reading camps. (Required –
see note)
G.S. 115C-83.3 et
seq.
Boards must establish application
procedures and enrollment priorities
for reading camps for students
demonstrating reading proficiency.
This policy assumes that boards have
discretion to limit the enrollment of
such students. Because the statute is
unclear on this point, the board
should consult the board attorney for
further guidance. See footnote 7 in
the policy.
3515
Religion in the
Schools
 Substantially rewrites the policy
to emphasize that, due to the
complicated nature of this area
of the law, school officials
should seek guidance from their
supervisors, the superintendent,
and/or legal counsel, as
applicable, when planning
school events that involve
religious content. (Optional –
see note)
G.S. 115C-407.30
through -407.33
NCSBA has revised this policy in
conjunction with developing a
regulation that addresses recent
legislation on this topic. The
regulation will be included in the
new NCSBA Administrative
Regulations Manual, available by
subscription. A complimentary copy
of the regulation, 3515-R, is being
sent with this update to our PLS
Update subscribers. Because the
regulation is intended to be issued by
the superintendent, rather than
adopted by the board, it is not listed
in this memo.
S.L 2014-13
U.S. Const. amend.
I; N.C. Const. art.
I, § 14
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
5 of 16
PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
Policy Title
Description of Update
Legal Authority
Involved
Notes
4050
Children of
Military Families
 Adds section on identification of
military-connected students and
a definition of such students, in
accordance with new state law.
(Required – see note)
 Rearranges existing text to
clarify schools’ differing
obligations under the new state
law and under the existing
Interstate Compact on
Educational Opportunity for
Military Children.(Strongly
recommended)
 Updates the legal references.
(Required)
 Modifies the footnotes.
(informational only)
4202/5029/7272
Service Animals
in Schools
 Updates the policy to comply
with OCR requirements.
 Clarifies that a service animal is
not required to wear special
identification. (Strongly
recommended- see note)
 Moves information about
miniature horses from the
footnotes into the text of the
policy. (Recommended)
 Adds requirement that planning
for integration of a service
animal should include
arrangements for meeting the
animals’ needs during the school
day. (Recommended)
 Adds requirement that principal
notify security personnel of the
presence of a service animal.
(Recommended)
 Modifies the footnotes.
(Informational only)
OCR Resolution
Agreement with
Catawba County
(NC) Schools
(2013)
Alternatively, the provision
regarding service animal
identification can be removed from
the policy entirely.
5024/6127/7266
(new)
Emergency
Epinephrine
Auto-Injector
Devices
 New policy that establishes the
board’s efforts to comply with
state law requirement that
epinephrine auto-injector devices
(e.g., EpiPens) be available in
every school for trained
individuals to use in
G.S. 115C-375.2A
Boards must comply with the new
law beginning November 1, 2014.
The board could delay implementing
changes to this policy until the 201516 school year when the requirement
for annual identification and service
to military-connected students takes
effect. However, until then, schools
have an obligation under current law
to identify and serve students who
have immediate family members in
the military.
S.L. 2014-100, s.
8.23(a)
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
6 of 16
PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
Policy Title
Description of Update
Legal Authority
Involved
Notes
emergencies. (Recommended)
5028/6130/7267
Automated
External
Defibrillator
 Clarifies that AEDs are made
available for use by trained
persons. (Recommended)
5070/7350
Public Records –
Retention,
Release, and
Disposition
 Adds information about
exceptions to public records laws
for schematic diagrams,
emergency response information,
and certain materials pertaining
to state testing program.
(Strongly recommended)
 Updates legal references.
(Required)
S.L. 2014-100, s.
8.2
S.L. 2014-115, s.
49.2
 Adds requirement for
superintendent to provide digital
schematic diagrams to local law
enforcement. (Required)
 Deletes requirement that
superintendent provide
emergency management
agencies schematic diagrams
because the requirement is
outside the scope of this policy
which is focused on law
enforcement. The responsibility
to emergency management
agencies is described in policy
1510/4200/7270, School Safety.
(Optional)
 Adds requirement to provide law
enforcement with emergency
access to key storage devices
and to update the access when
changes to the devices are made.
(Required)
 Clarifies the limited role of law
enforcement officials in school
administrative investigations.
(Recommended – see note)
G.S. 115C-105.53
 This policy has been updated
extensively to reflect new State
Board of Education requirements
and proposed federal standards.
(Required – but see note)
State Board of
Education policy
HRS-E-000
5120
6140
Relationship with
Law Enforcement
Student Wellness
G.S. 115C-105.53,
-105.54, and
174.13
S.L. 2014-100, s.
8.20
National School
If the school system has a
memorandum of understanding
(MOU) or other written agreement
with local law enforcement, the
paragraph describing the role of law
enforcement officials in school
administrative investigations should
be modified as necessary to be
consistent with the terms of the
agreement.
The Healthy, Hunger Free Kids Act
of 2010 (HHFKA) changed the
requirements for school wellness
policies. While awaiting regulatory
guidance from the federal
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
7 of 16
PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
Policy Title
Description of Update
 The board must develop the
wellness policy in conjunction
with the school health advisory
council, which serves as the
school wellness committee. The
policy must include goals in
certain specific areas, and
periodically the board must
report to the public on progress
toward achieving those goals.
To assist the board and school
health advisory council in
developing appropriate goals,
this policy includes an appendix
with sample goal statements.
The appendix must be deleted
before the board adopts the
policy.
Key changes to this policy
include:
 Adds new requirement to
designate a single individual to
oversee the wellness policy, the
State Board’s Healthy Active
Children Policy, and the eight
components of the coordinated
health program. (Required)
 Adds to previous requirements
related to goals for nutrition
education and promotion,
physical activity, and other
school-based activities to
promote student wellness.
(Required)
 Requires the board to work in
conjunction with the school
health advisory council to
develop and determine the goals
for this policy. (Required)
 Adds nutrition standards for all
food and beverages sold in
schools during the school day
which are consistent with federal
regulations for school meal
nutrition standards and the
federal Smart Snacks nutrition
standards. (Required)
 Adds standards for all other
Legal Authority
Involved
Lunch Act
42 U.S.C. 1751 et
seq., as amended
by the Healthy,
Hunger-Free Kids
Act of 2010, P.L.
111-296
Local School
Wellness Policy
Implementation
Under the Healthy,
Hunger-Free Kids
Act of 2010
(Proposed Rule),
Federal Register
Vol.79, No. 38
(February 26,
2014)
Notes
government to implement the
requirements of the HHFKA,
NCSBA issued an interim update to
policy 6140 in March 2013, based on
the statutory language of the
HHFKA. In February 2014, the
USDA issued its proposed
implementing regulations for school
wellness policies. Final regulations
are expected early in 2015; all school
wellness policies will need to be
compliant with the federal
regulations as of the effective date of
the final regulations. In addition to
federal regulatory requirements, the
State Board of Education recently
issued policy HRS-E-000, Healthy
Active Children, which imposes state
requirements for wellness policies
similar to the proposed federal rules.
NCSBA policy 6140, Student
Wellness, is being updated now to
comply with the new State Board
policy requirements. However, since
further changes to this policy may be
necessary when the final federal
regulations are issued in 2015, the
board may want to delay adopting a
revised wellness policy until after the
final regulations are issued. This
update may be used by the school
health advisory council to begin
revising the wellness policy now,
pending final guidance from the
USDA and the School Nutrition
Section at DPI.
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
8 of 16
PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
Policy Title
Description of Update








Legal Authority
Involved
Notes
foods available during the school
day and after the school day,
such as foods brought from
home for classroom events.
(Policy must establish
standards for these foods; the
standards are within the
board’s discretion)
Adds provision regarding food
and beverage marketing.
(Required)
Updates provisions regarding
physical education and physical
activity to be consistent with
SBE requirements. (Required)
Adds reporting requirements.
(Required)
Updates public notification
requirements. (Required)
Adds new recordkeeping
requirements. (Recommended)
Modifies the footnotes.
(Informational only)
Updates the legal references.
(Required)
Updates the cross references.
(Required if board makes the
changes to policy titles
indicated)
6200
Goals of School
Nutrition Services
 Updates policy title and related
terminology in the policy text.
(Optional)
 Expands goal #2 to be consistent
with State Board requirements.
(Recommended)
 Eliminates redundant goal #4.
(Recommended)
State Board of
Education policy
HRS-E-000
6210
Organization of
School Nutrition
Services
 Updates policy title and related
terminology in the policy text.
(Optional)
 Adds provision for certification
and training of personnel.
(Strongly recommended)
Healthy, HungerFree Kids Act of
2010, P.L. 111-296
6220
Operation of
 Updates policy title and related
National School
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
9 of 16
PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
Policy Title
School Nutrition
Services
Description of Update




terminology in the policy text.
(Optional)
Adds requirement for written
food safety program. (Strongly
recommended)
Replaces state standard for
certain food sales with the more
restrictive federal standard.
Updates the footnotes.
(Informational only)
Updates the cross references.
(Required if board makes the
changes indicated)
Legal Authority
Involved
Notes
Lunch Act, 42
U.S.C. sec.
1758(g)
Healthy, HungerFree Kids Act of
2010, P.L. 111-296
6225
Free and Reduced
Price Meal
Services
 Updates policy title and related
terminology in the policy text.
(Optional)
 Adds federal requirements
related to free and reduced price
meal applications that are
completed by the principal.
(Strongly recommended)
 Authorizes the superintendent to
apply for community eligibility
for qualifying schools and adds
provisions for serving free meals
and other federal requirements
that apply if the application is
approved. (Optional)
Healthy, HungerFree Kids Act of
2010, P.L. 111-296
6230
School Meal and
Competitive
Foods Standards
 Substantially revises the policy
to comply with state and federal
requirements. (Strongly
recommended)
 Updates the footnotes.
(Informational only)
 Updates the legal references.
(Required)
 Updates the cross references.
(Required if board makes the
changes indicated)
Healthy, HungerFree Kids Act of
2010, P.L. 111-296
State Board of
Education Policy
HRS-E-000
 This policy has been deleted
from the PLS manual.
 Some provisions in Section A of
the policy have been superseded
by federal regulation; others
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
10 of 16
PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
Policy Title
Description of Update
Legal Authority
Involved
Notes
have been moved to policy 6230,
School Meal and Competitive
Foods Standards. The
information in Section B has not
been incorporated elsewhere, but
bidding requirements are
addressed generally in policy
6220, Operation of School
Nutrition Services. Additional
information from former Section
B could be added to that policy,
if desired.
7265
7420
Occupational
Exposure to
Hazardous
Chemicals in
Science
Laboratories
 Terminology in subsection B.3 is
changed to be aligned with the
current OSHA Hazard
Communication Standard which
incorporates the Globally
Harmonized System of
Classification and Labeling of
Chemicals. (Required)
 Makes minor edit to subsection
B.2. (Optional)
29 C.F.R.
1910.1200
Superintendent
Contract
 New provision clarifies that
board members will have an
opportunity to review the final
document before voting on the
superintendent’s initial contract
and any subsequent revisions or
extensions of the contract and
specifies that the vote must take
place in open session. (Strongly
recommended)
 Requires the open session
minutes to reflect the board’s
vote and requires a copy of the
executed contract/amended
contract to be included with the
minutes. (Strongly
recommended)
 Establishes who is responsible
for signing the contract on behalf
of the board. (Strongly
recommended)
 Establishes requirement for
finance officer to pre-audit the
contract and any contract
G.S. 115C-47(13),
-47(15), and 47(16), -271 to 275
29 C.F.R.
1910.1450
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
11 of 16
PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
Policy Title
Description of Update
Legal Authority
Involved
Notes
amendments. (Strongly
recommended)
 Deletes two footnotes.
(Informational only)
7422 (new)
Deputy/Associate/
Assistant
Superintendent
Contracts
 This is a new optional policy.
 It establishes the board’s intent
to retain sole authority to
approve the initial contract of
any deputy/associate/assistant
superintendents, and any
subsequent revisions or
extensions of those contracts.
 Requires the open session
minutes to reflect the board’s
vote and requires a copy of the
executed contract/amended
contract to be included with the
minutes.
 Specifies generally the terms to
be included in the contract.
 Establishes who is responsible
for signing the contract on behalf
of the board.
G.S. 115C-47(17)
and -278
7425
School
Administrator
Contracts
 Updates policy to comply with
NC Court of Appeals opinion
establishing procedural rights for
school administrators who are
recommended for contract
renewal. (Strongly
recommended)
Tobe-Williams v.
New Hanover Co.
Bd. of Educ., __
N.C. App. __, 759
S.E.2d 680 (2014)
7635 (new)
Return to Work
 This is a new policy
recommended to assist with
controlling workers’
compensation claim expenses.
It establishes objectives for a
return-to-work program that is to
be developed by the
superintendent. (Strongly
recommended – see note)
G.S. 115C-12
S.L. 2014-100, s.
8.26
S.L. 2014-100, s. 8.26 directs the
State Board of Education to develop
policies and procedures to ensure
that local boards implement and
comply with loss prevention and
return-to-work programs based on
models adopted by the State Board.
The SBE models must be designed to
reduce the number of compensable
injuries and to ensure claimants
return to work in accordance with
current SBE policy. The State Board
has not yet developed its
policies/procedures/models; this new
policy incorporates applicable
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
12 of 16
PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
Policy Title
Description of Update
Legal Authority
Involved
Notes
current SBE policy for returning
employees to work. The policy, and
the return-to-work program required
by this policy, should be modified as
necessary to comply with any
SBE/DPI requirements published in
the future.
7950
Non-Career
Status Teachers:
Nonrenewal
 Deletes obsolete language in the
first sentence. (Required)
 Adds procedural rights for
teachers who are recommended
for contract renewal, consistent
with recent decision of the North
Carolina Court of Appeals.
(Recommended – see note)
Tobe-Williams v.
New Hanover Co.
Bd. of Educ., __
N.C. App. __, 759
S.E.2d 680 (2014)
9020
Facility Design
 Clarifies preconditions to the
expenditure of funds for capital
projects, in accordance with law
and State Board of Education
Policy. (Recommended)
 Clarifies circumstances under
which plans for science facilities
must be approved by the State
Board. (Strongly
recommended)
 Updates the legal references.
(Recommended)
G.S. 115C-521(c)
Prequalification
of Bidders for
Construction
Projects
 This optional policy is provided
for boards that use or want to use
the construction management at
risk contracting method;
construction managers are
required to prequalify
contractors using a
prequalification process adopted
by the board.
 The policy is also required if the
board intends to prequalify
bidders for construction
contracts. (Optional – see note)
G.S. 143-128.1 and
-135.8
Bidding for
Construction
Work
 Adds provision advising
contractors that prequalification
may be required prior to bidding.
(Recommended if the board
G.S. 143-128.1 and
-135.8
9115 (new)
9120
The standard established by the court
for school administrators has not
been explicitly applied to teacher
renewals, but adding the standard to
this policy is recommended as the
most cautious approach. The board
should consult counsel for further
guidance.
State Board of
Education policy
TCS-P-006
S.L. 2014-41
S.L. 2014-41 establishes new
requirements for prequalification of
bidders. There are both advantages
and disadvantages to prequalifying
bidders, so we recommend that the
board discuss this process with the
board attorney before
prequalifying bidders for a
particular project.
S.L. 2014-41
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
13 of 16
PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
Policy Title
Description of Update
Legal Authority
Involved
Notes
G.S. 115C-105.53
and -105.54
S.L. 2014-100, Section 8.20.(c),
requires that the schematic diagrams
be provided to local law enforcement
agencies and the Division of
Emergency Management at the
Department of Public Safety by June
1, 2015.
adopts new policy 9115,
Prequalification of Bidders for
Construction Projects.)
 Authorizes the use of newspaper
and electronic bidding for formal
bids and empowers the
superintendent to determine
which method will be used for
specific purchases or categories
of purchases. (This makes
policy 9120 consistent with
policy 6430, Section A, which
contains identical language.)
(Optional)
 Adds footnotes (Informational
only)
 Updates the cross references
(Required if the board adopts
new policy 9115.)
9220
Security of
Facilities
 Adds requirement for
superintendent to provide
emergency response information
to the state emergency
management division and to
provide digital
schematic diagrams of school
facilities to the state emergency
management division and to
local law enforcement.
(Required)
 Adds requirement to provide law
enforcement with emergency
access to key storage devices
and to update the access when
changes to the devices are made.
(Required)
 Updates the legal references.
(Required)
 Updates the footnotes.
(Informational only)
S.L. 2014-100, s.
8.20
[The updated provisions in this
policy also have been added to
policy 1510/4200/7270, School
Safety, which is also included this
update.]
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
14 of 16
PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
Policy Title
Description of Update
Legal Authority
Involved
Notes
The policies listed below have only minor changes to wording, legal references, and/or cross references.
1300
Governing
Principle –
Parental
Involvement
 Updates policy titles in internal
references and deletes reference
to policy 4153, which NCSBA
previously deleted from the PLS
manual. (Required if board
has made the corresponding
changes.)
1310/4002
Parental
Involvement
 Updates policy title in internal
and cross references. (Required
if board changes relevant
policy title.)
 Updates the legal references.
(Required)
 Updates footnote 17.
(Informational only)
1320/3560
Title I Parent
Involvement
 Updates the legal references.
(Required)
1500
Governing
Principle – Safe,
Orderly, and
Inviting
Environment
 Updates policy title in internal
reference. (Required if board
changes relevant policy title.)
1700
Governing
Principle –
Removal of
Barriers
 Updates policy titles in internal
references. (Required if board
changes relevant policy titles.)
3220
Technology in the
Educational
Program
 Replaces reference to the
Common Core and North
Carolina Essential Standards
with “current statewide
instructional standards.”
(Required – see note)
6340
Transportation
Service/Vehicle
Contracts
 Updates title and/or hyperlinks
to transportation manuals in the
legal references.
(Recommended)
State Board of
Education policy
TCS-R-000
(rescinded)
S.L. 2014-78
Alternately, the reference to
Common Core and North Carolina
Essential Standards could be
replaced with “the North Carolina
Standard Course of Study.”
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
15 of 16
PLS Update: Fall 2014
Legislative Policy Updates
Updated Policy
Policy Title
Description of Update
Legal Authority
Involved
Notes
 Updates the footnotes.
(Informational only)
7100
Recruitment and
Selection of
Personnel
 Updates the legal references.
(Required)
 Adds a footnote noting the SBE
has adopted a policy on teacher
contracts. (Informational only)
S.L. 2014-100, s.
17.1(m)
G.S. 143B-931
State Board of
Education Policy
TCP-D-009
7405
Extracurricular
and NonInstructional
Duties
 Replaces reference to the
Common Core and North
Carolina Essential Standards
with “current statewide
instructional standards.”
(Required – see note)
 Updates terminology in Section
C. (Recommended)
7510
Leave
 Adds a hyperlink in the text to
the Benefits and Employment
Policy Manual for reader
convenience. (Optional)
 Updates hyperlink to the manual
in the legal references.
(Recommended)
 Updates the footnotes.
(Informational only)
7540
Voluntary Shared
Leave
 Updates hyperlink to the Benefits
and Employment Manual in the
legal references.
(Recommended)
7820
Personnel Files
 Updates the legal references.
(Required)
S.L. 2014-78
Alternately, the reference to
Common Core and North Carolina
Essential Standards could be
replaced with “the North Carolina
Standard Course of Study.”
S.L. 2014-100, s.
17.1(m)
G.S. 143B-931
* Required means either (1) the provisions are required by law to be addressed in policy or (2) the modifications must be made
to ensure the policy reflects current law (ex. adding new statutory language or updates to legal citations).
* Strongly recommended means the provisions are required by law, but they do not have to be addressed in policy, although
NCSBA strongly recommends that the provisions be added to policy.
* Recommended means the provisions are not required by law, but NCSBA considers them good practice.
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