AN ACT to incorporate measures of proportionality and equality into state accountability models.

Whereas, the Supreme Court has ruled that segregation of children in public schools solely on the basis of race deprives the children of the minority group of equal educational opportunities; and

Whereas, decades of research have found that racial and socioeconomic integration of schools benefits all students; and

Whereas, the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301, et seq., as amended, requires state accountability systems to include an indicator of school quality or student success that meaningfully differentiate among schools and be valid, reliable, and comparable statewide; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 115C‑83.15 reads as rewritten:

§ 115C‑83.15.  School achievement, growth, performance scores, and grades.

(a)        School Scores and Grades – The State Board of Education shall award (i) school achievement, growth, and performance scores and an associated performance grade and (ii) racial and ethnic proportionality scores and a proportionality designation as required by G.S. 115C‑12(9)c1., and calculated as provided in this section.

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(d4)     Racial and Ethnic Proportionality Score and Designation. – For each school, the State Board of Education shall calculate a proportionality score and assign a proportionality designation that compares the demographic profile of the school to the demographic profile of the county in which the school is located. In determining the proportionality score and designation, the following applies:

(1)        Calculation of school proportionality score. – The State Board shall calculate the proportionality score for each school as follows:

a.         Multiply the percentage of each racial or ethnic subgroup identified pursuant to subsection (d1) of this section by the total population of the school.

b.         Subtract the population of each subgroup from the value determined under sub‑subdivision a. of this subdivision for each racial or ethnic group identified pursuant to subsection (d1) of this section.

c.         Convert each number calculated under sub‑subdivisions a. and b. of this subsection to an absolute value.

d.         Sum the values calculated for every identified subgroup to determine the sum total value.

e.         Divide the sum total value by an amount equal to the total number of students in the school multiplied by two.

(2)        School proportionality designation. – The State Board shall assign each school a proportionality designation as follows:

a.         Highly Proportional, if their proportionality score is less than ten percent (10%).

b.         Proportional, if their proportionality score is between ten percent (10%) and less than twenty-five percent (25%).

c.         Somewhat Disproportional, if their proportionality score is between twenty-five percent (25%) and less than fifty percent (50%).

d.         Highly Disproportional, if their proportionality score is fifty percent (50%) or above.

(d5)     Measures of Equality of Access. – For each school that serves the minimum number of students in subgroups identified under subsection (d1) of this section, the State Board of Education shall calculate measures of equality of access that demonstrate the extent to which each school's population of each subgroup has access to school resources associated with high educational achievement. In calculating measures of equality of access, the following applies:

(1)        For racial and ethnic subgroups and economically disadvantaged subgroups within a school, as identified in subsection (d1) of this section, the State Board shall calculate each subgroup's participation in or exposure to each of the following:

a.         Gifted and talented programs or advanced courses.

b.         Teachers with at least three years of experience.

c.         Teachers with certification from the National Board for Professional Teaching Standards.

(2)        For racial and ethnic subgroups and economically disadvantaged subgroups within a local school administrative unit, as identified in subsection (d1) of this section, the State Board shall calculate the school and subgroup's average of each of the following:

a.         Number of field trips.

b.         Hours of instruction in arts or music.

c.         School‑level ratio of students to psychologists.

d.         School‑level ratio of students to guidance counselors.

e.         School‑level ratio of students to nurses.

f.          School‑level ratio of students to media specialists.

(d6)     Reporting. – The data calculated in subsections (d4) and (d5) of this section shall be reported separately on the annual school report card in a way that allows for easy comparison of school‑level and local school administrative unit‑level data. The school report card shall also indicate any measures taken by the school or local school administrative unit to make progress towards reducing school segregation and providing students with equality of access to school resources associated with high educational achievement.

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SECTION 2.  There is appropriated from the General Fund to the Department of Public Instruction the sum of two hundred fifty thousand dollars ($250,000) in nonrecurring funds for fiscal year 2021‑2022 to adhere to the requirements of this act.

SECTION 3.(a)  G.S. 115C‑12(9)c1. reads as rewritten:

c1.      To issue an annual report card for the State and for each local school administrative unit, assessing each unit's efforts to improve student performance based on the growth in performance of the students in each school and taking into account progress over the previous years' level of performance and the State's performance in comparison with other states. This assessment shall take into account factors that have been shown to affect student performance and that the State Board considers relevant to assess the State's efforts to improve student performance. The annual report card for each local school administrative unit shall include the following:

1.         The State Board shall award, in accordance with G.S. 115C‑83.15, an overall numerical school achievement, growth, and performance score on a scale of zero to 100 and a corresponding performance letter grade of A, B, C, D, or F earned by each school within the local school administrative unit. The school performance score and grade shall reflect student performance on annual subject‑specific assessments, college and workplace readiness measures, graduation rates, and student progress in achieving English language proficiency. In addition, the State Board shall award separate performance scores and grades for the following:

I.          School performance of certain subgroups of students as provided in G.S. 115C‑83.15.

II.        For schools serving students in any grade from kindergarten to eighth grade, school performance in reading and mathematics respectively.

1a.       The State Board shall award, in accordance with G.S. 115C‑83.15(d4) and (d5), a racial and ethnic proportionality score and designation and shall indicate measures of equality of access.

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SECTION 3.(b)  G.S. 115C‑12(18)f. reads as rewritten:

f.        The State Board of Education shall develop a process for local school administrative units to annually identify enrolled military‑connected students using the Uniform Education Reporting System. The identification of military‑connected students shall not be used for the purposes of determining school achievement, growth, and performance scores as the annual report card scores required by G.S. 115C‑12(9)c1. The identification of military‑connected students is not a public record within the meaning of G.S. 132‑1 and shall not be made public by any person, except as permitted under the provisions of the Family Educational and Privacy Rights Act of 1974, 20 U.S.C. § 1232g. For purposes of this section, a military‑connected student means a student enrolled in a local school administrative unit who has a parent, step‑parent, sibling, or any other person who resides in the same household serving in the active or reserve components of the Army, Navy, Air Force, Marine Corps, Coast Guard, or National Guard. Beginning in the 2016‑2017 school year, and annually thereafter, the identification of military‑connected students for all local school administrative units shall be completed by January 31 of each school year.

SECTION 3.(c)  G.S. 115C‑83.17 reads as rewritten:

§ 115C‑83.17.  Definitions.

The following definitions apply in this Part:

(1)        Achievement score. – A numerical score on a scale of zero to 100 that is based on the sum of points earned by a school or by a subgroup of students pursuant to G.S. 115C‑83.15.

(2)        Growth score. – A numerical score measuring student growth calculated for a school or for a subgroup of students pursuant to G.S. 115C‑83.15.

(3)        Overall school performance grade. – The letter grade earned by a school for all students served by a school pursuant to G.S. 115C‑83.15(d).

(4)        Overall school performance score. – The numerical score earned by a school that is calculated by adding the school achievement score and the school growth score earned by a school pursuant to G.S. 115C‑83.15(d).

(4a)      Proportionality designation. – The designation given to a school pursuant to G.S. 115C‑83.15(d4).

(4b)      Racial and ethnic proportionality score. – The numerical score determined pursuant to G.S. 115C‑83.15(d4).

(5)        Subgroup performance grade. – The letter grade earned by a school for a subgroup of students served by the school pursuant to G.S. 115C‑83.15(d2).

(6)        Subgroup performance score. – The numerical score earned by a school that is calculated by adding the subgroup achievement score and the subgroup growth score earned by a school pursuant to G.S. 115C‑83.15(d2).

SECTION 4. This act becomes effective July 1, 2021, and applies beginning with reports based on data from the 2022‑2023 school year.