Agenda - 12-14-2004-9b - Laserfiche WebLink

Browse Search

NIr. Sohn t9. Link, Sr. / Page 2 a November 23, 2009 it shall immediately apply to the State Board of Education for adclitional personnel or a waiver of the class size requirements, as provided in G.S. 115C- 301(g). Capon notification from the State Board of Education that the reported exception does not qualify for an allotment adjustment or a waiver under provisions of G,S. 115C-301, the local board, within 30 days, shall take action necessary tc correct the exce?tion.i3 What if the superintendent cloes her duty to: (1) report to the State the correct student/teacher ratios at the end of the second month of the school year; (2) report exceptions as cf February 1 on behalf of the local beard; (3) report to the local board if the superintendent determines that the ratios have not been met; (4) request additional allotments (personnel) on behalf of the board; and (5) sign and submit the (classroom size) waiver application form on behalf of the board?' What if the local school board does what it can to correct the situation but does not have money to hire another teacher or does not have the additional classroom(s) to split up the "crowded" classroom(s)? "If the local board cannot organizationally correct the exception" and if any of a number of specified exigencies exist, the local board of education is required to ask the State for a waiver for class size requirements and request additional allotment to hire more teachers.' Waivers and additional allotments are permitted if State funds are available and if the exception is caused by an emergency, large changes in student population, acts of God, etc „ and "if the local board cannot organizationally correct the exception." The General P.ssembly clearly recognized, therefore, that a board may not be able to organizationally correct the problem of classroom size, How, then, can a good-faith failure of the board to correct the problem be a wi11iu1 violation that the superintendent is responsible for? It is not, And, there is r.o state fund withholding or otherwise penalty directed to the local school board members or to the local school system, In my opinion, the organizational correction that the school board is required to make is only secondarily a matter of ' North Carolina Gen. Stet. § 1150-97(10), ''See N,C. Gen, Stat. § 115C-301(f) and §115C-97(10) and the attached guide Page 9:9 and the waiver form after Page 9:5. 'N.C. Gen. Stet. § 115C-301(g)(2).