§ 115C-301. Allocation of teachers; class size.
§ 115C‑301. Allocation of teachers; class size.
(a) Request for Funds. The State Board of Education, basedupon the reports of local boards of education and such other information as theState Board may require from local boards, shall determine for each localschool administrative unit the number of teachers and other instructionalpersonnel to be included in the State budget request.
(b) Allocation of Positions. The State Board of Education isauthorized to adopt rules to allot instructional personnel and teachers, withinfunds appropriated.
(c) Maximum Class Size. The average class size for each gradespan in a local school administrative unit shall at no time exceed the fundedallotment ratio of teachers to students. At the end of the second school monthand for the remainder of the school year, the size of an individual class shallnot exceed the allotment ratio by more than three students. At no time may theGeneral Assembly appropriate funds for higher unit‑wide class averagesthan those for which State funds were provided during the 1984‑85 schoolyear.
(d) Maximum Teaching Load. Students shall be assigned toclasses so that from the 15th day of the school year through the end of theschool year the number of students for whom teachers in grades 7 through 12 areassigned teaching responsibilities during the course of the day is no more than150 students, except as provided in subsection (g) of this section.
(e) Alternative Maximum Class Sizes. The State Board ofEducation, in its discretion, may set higher maximum class sizes and dailyteaching loads for classes in music, physical education, and other similarsubjects, so long as the effectiveness of the instructional programs in thoseareas is not thereby impaired.
(f) Second Month Reports. At the end of the second month ofeach school year, each local board of education, through the superintendent,shall file a report for each school within the school unit with the State Boardof Education. The report shall be filed in a format prescribed by the StateBoard of Education and shall include the organization for each school, theduties of each teacher, the size of each class, the teaching load of eachteacher, and such other information as the State Board may require. As ofFebruary 1 each year, local boards of education, through the superintendent,shall report all exceptions to individual class size and daily teaching loadmaximums that occur at that time.
(g) Waivers and Allotment Adjustments. Local boards ofeducation shall report exceptions to the State Board of Education as providedin G.S. 115C‑47(10), and shall request allotment adjustments or waiversfrom the standards set out above. Within 45 days of receipt of reports, theState Board of Education, within funds available, may allot additionalpositions or grant waivers for the excess class size or daily load.
(1) If the exception resulted from (i) exceptionalcircumstances, emergencies, or acts of God, (ii) large changes in studentpopulation, (iii) organizational problems caused by remote geographic location,or (iv) classes organized for a solitary curricular area, and
(2) If the local board cannot organizationally correct theexception.
All allotment adjustments and waivers submitted under this provisionshall be reported to the Director of the Budget and to the General Assembly byMay 15 of each year.
(h) State Board Rules. The State Board of Education shalladopt rules necessary for the implementation of class size and teaching loadprovisions.
(i) Penalty for Noncompliance. If the State Board ofEducation determines that a local superintendent has willfully failed to complywith the requirements of this section, no State funds shall be allocated to paythe superintendent's salary for the period of time the superintendent is innoncompliance. (1955, c. 1372,art. 6, s. 6; 1963, c. 688, s. 3; 1965, c. 584, s. 6; 1969, c. 539; 1973, c.770, ss. 1, 2; 1975, c. 965, s. 3; 1977, c. 1088, s. 4; 1981, c. 423, s. 1;1983 (Reg. Sess., 1984), c. 1034, ss. 12, 13; 1985, c. 479, s. 55(b)(3)b; 1987,c. 738, s. 181; 1987 (Reg. Sess., 1988), c. 1025, s. 15, c. 1086, s. 89(a).)