Keith Clark Lee County North Carolina

From the Office of Representative Jimmy L. Love, Sr. April 29, 2010

Oversight and regulation of our education system is a critical part of state government. The Joint Legislative Education Oversight Committee has worked diligently during the interim to study ways to improve education in North Carolina and made several recommendations in a report to the legislature this week.

The following information outlines these findings and recommendations.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.


School calendar

_Findings: The current school calendar law requires that school systems adopt a calendar that includes a plan for making up time missed when schools are closed due to inclement weather. The law also provides waivers for "good cause." The committee finds that for the 2009-2010 school year the calendar law did not provide the flexibility necessary for school systems to make up the unusually large number of days missed due to inclement weather.

_Recommendations: The committee recommends amending the existing calendar law to provide school systems the flexibility needed to make up the missed days. The amended law would apply only to the 2009-2010 school year.


School Transition

_Findings: The committee finds that the transition from middle school to high school is a significant event in children’s lives and requires support from teachers, parents, counselors, and school administrators. Students' experiences in ninth grade often determine their success throughout high school, but the ninth-grade year is often characterized by a decline in grades and attendance. Students who are promoted to 10th grade, but who are off track may have already missed the opportunity to get on a graduation track. Too often a poor start in high school leads a student to drop out. In North Carolina, students dropped out most frequently during ninth grade.

_Recommendations: The committee recommends that the State Board of Education consider these suggestions to better prepare students for the transition from middle school to high school:
· Develop and adopt a vision for the middle grades to prepare more students for challenging high school studies.
· Consider having a team of professionals within the Department of Public Instruction whose job is to bring focus to the middle grades.
· Make adolescent reading an immediate and sustained priority.
· Better prepare students for Algebra I by eighth or ninth grade.
· Support professional development of teachers and school principals.
· Build student aspirations for college, advanced training and careers by engaging them in exploration and planning for future career and educational opportunities.


College and Career-Ready Students

_Findings: The committee finds that one of the goals of high school reform is to ensure that all students graduate "college and career-ready." Being ready for college and career means that a high school graduate has the English and mathematics knowledge and skills necessary to be placed and succeed in entry-level, credit-bearing college courses or the job training and/or education necessary for a chosen career without the need for remedial coursework. Although North Carolina is making progress in preparing all students to be college and career-ready, the job is not yet done.

_Recommendations: The committee strongly supports the ongoing efforts of the University of North Carolina, the North Carolina Community College System, the North Carolina Independent Colleges and Universities, and the Department of Public Instruction to ensure that all students are college and career-ready without needing remediation and recommends that they continue their work in this area.


School Leadership

_Findings: Effective principals are critical to the success of students, teachers, and entire schools. However, research suggests that many current and potential principals lack the skills necessary to lead today's schools. The committee finds that comprehensive, quality professional development is necessary to improve their skills.

The National Board for Professional Teaching Standards (NBPTS), the organization that sets and maintains the standards for teacher excellence, recently announced National Board Certification for Educational Leaders, which includes the development of National Board Certification for Principals. National Board Certification for Principals will be the first national certification program focused on principals and builds on the National Board's 20-year certification program for teachers and school counselors.

Recommendations: The committee strongly recommends that the state closely examine the National Board for Professional Teaching Standards program for principals and consider supporting, when funds become available, principals who are interested in participating in this program.


Positive Behavior Support Initiative

_Findings: The committee finds that the Positive Behavior Support Initiative is a comprehensive and systematic initiative that improves learning for all students by establishing and reinforcing clear behavioral expectations.

_Recommendations: The committee recommends that the General Assembly consider expanding the initiative statewide when funds are available.


Education Value-Added Assessment System

_Findings: The committee finds that the Education Value-Added Assessment System is effectively provides important diagnostic information to local school systems and school building staff in an efficient manner. The system provides reliable and precise information regarding student progress at the individual, subgroup and school levels. Such data improves student achievement because it allows quicker modifications to meet the needs of students.

_Recommendations: The committee strongly recommends that local school systems, schools, and teachers use this system to help raise student achievement.


Broadband Access

_Findings: The committee finds that ensuring broadband access in every school in North Carolina is an important part of the state's efforts to raise student achievement and prepare a globally competitive workforce. Broadband connectivity helps eliminate barriers to resources, services, and learning options, particularly for rural schools. Such access will help keep students engaged in school as well as provide teachers with opportunities for collaboration.

Recommendations: The committee strongly recommends that the General Assembly continues to improve broadband access for all public schools.



Students with Disabilities

_Banning Corporal Punishment for Students with Disabilities

_Findings: The committee finds that neither federal laws and regulations nor state laws prohibit administering corporal punishment to students with disabilities. As a leader in the education of students with disabilities, the committee believes that corporal punishment should be banned statewide for students with disabilities. Although local school systems have the option to enact such a ban, a uniform statewide ban would reinforce the state's commitment to students with disabilities.

_Recommendations: The committee recommends a statewide ban on corporal punishment for students with disabilities.


Notes

_MasterBrand Cabinets Inc., a national manufacturer of kitchen and bath cabinets for the remodeling and new construction markets, will expand in Lenoir County. The company plans to create 334 jobs and invest more than $3.75 million during the next three years in Kinston. The announcement was made possible in part by a $200,000 grant from the One North Carolina Fund.

_Spectrum Mills LLC will locate in McDowell County. The company, which will manufacture specialty textured yarns, plans to create 49 jobs and invest $2.7 million during the next three years. The project was made possible in part by a $135,000 grant from the One North Carolina Fund.

_ Each of the Department of Cultural Resources’ 37 sites will participate in the 2nd Saturdays program over the next three months, bringing together artists, history and authentic North Carolina culture. The sites include museums and state historic sites.
For more information, please visit: http://news.ncdcr.gov/2010/03/26/2nd-saturdays-faqs/.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. April 22, 2010

Governor Perdue released her proposed budget this week, giving the General Assembly about three weeks longer than usual to consider the plan before the end of the fiscal year.

The proposal calls for cutting about $1 billion in spending and more than 600 positions. It would scale back or eliminate more than 70 programs that are unnecessary or inefficient in today’s economic climate and set aside $100 million to replenish the state's rainy day fund.

The plan also recommends strategic investments in job creation, education, government transparency and better communities. These investments are meant to bolster our state's recovery and help ensure North Carolina emerges from this recession as the best place in the world to live and work.

Over the next several weeks, I will be exploring the details of the nearly 300-page plan Gov. Perdue has proposed. The House of Representatives will then write its own proposal, so there is much subject to change before the final budget is adopted. The following information includes just a few of the highlights from the governor’s draft.


Jobs

_$86 million for several key investments in assistance to small businesses and infrastructure that will help create 35,000 jobs over the next three years.

_ $15 million for the “Back to Work” Incentive Fund which will provide a direct rebate to small businesses that hire long-term unemployed workers. A separate graduated tax credit will be provided to businesses that create jobs in the highest unemployment counties.

_This budget proposal renews the $250 per person credit for small businesses that provide health insurance to their employees. Additional recommendations to spur small business growth include a provision that allows businesses to expense up to $250,000 in investments.

_The governor’s budget also extends and raises the cap of the Qualified Business Venture Credit, which provides a capped incentive for angel investing in cutting edge industry sectors.

_ The plan recommends spending $15 million for the One NC Fund. To date, the fund has helped create 46,920 jobs and $7.8 billion in investment throughout the state.

_The budget provides $5 million to strengthen North Carolina’s efforts in the biotech, ag-biotech, and biofuels industries, $1.5 million for new and emerging companies through investments in the Small Business Innovation Research matching grant program, and $500,000 for green business jobs.

_The budget proposal provides an additional $1.5 million to promote North Carolina as a business and tourism destination, as well as $1 million to improve the economic viability of small family farms.

_ $1 million is allocated to guarantee a portion of small business loans supported through the Self-Help Credit Unions across our state.

_$150,000 is earmarked to develop the “In-Source” Supplier Network to encourage North Carolina businesses to buy and sell to one another.


Education

_Fully fund enrollment growth in universities and community colleges.

_The governor’s proposed budget provides an additional $85 million to meet enrollment demands in the community college system. Community college enrollment has grown about 16 percent since last year to more than 34,000 full-time equivalent students. It also includes $5.6 million for enrollment increases in the UNC System and $14 million to support campus buildings coming on line 2010-11.

_The proposal includes an additional $35 million for need-based financial aid in the University of North Carolina system and provides $6.5 million to expand need-based financial aid support for community college students. This additional aid, combined with increased Pell Grant awards, will minimize cost increases for needy students.


Health

_The governor’s proposed budget includes an initiative to crack down on Medicaid fraud, waste and abuse, which is estimated to save more than $35 million in 2010-11. Overall, state Medicaid expenditures are projected to grow $430 million next fiscal year in response to rising caseloads and costs.

_The plan calls for the restoration of $40 million for community mental health programs, which was cut in the last budget.

_ $12 million is planned to pay for additional local private hospital beds for mental health patients who require short term care.

_$8.5 million is recommended for the State Children’s Health Insurance Program, which will provide health insurance for an additional 8,100 children from working families.

_$9 million is proposed for targeted reimbursement to adult care homes that provide acute personal care services.

_The budget proposal expands the nationally recognized Project CARE Program by $1 million, which will allow 500 additional families to receive respite care services for loved ones with dementia.


Crime

_An additional $10 million is recommended for the Criminal Justice Law Enforcement Automated Data Services project that will merge all criminal data records into one interactive and comprehensive system. The system provides law enforcement and court system personnel more reliable and real-time information. This money would allow for the full implementation of the Wake County pilot project and expand it to North Carolina’s seven major metropolitan areas, covering over half of the state’s population.

_This budget proposal also provides $5 million to expand the VIPER system which ensures that first responders on the ground are adequately equipped to communicate with one another during emergency situations.

_$700,000 would be appropriated to give law enforcement statewide the ability to collect DNA at the time of the arrest, which is a top priority of county sheriffs.


Notes

_ United Furniture Industries NC LLC, a national manufacturer of residential upholstered furniture, will open a new facility in Davidson County. The company plans to create 150 jobs and invest more than $3.3 million during the next three years in Lexington. The announcement was made possible in part by a $125,000 grant from the One North Carolina Fund.

_ Greiner Bio-One North America Inc., a manufacturer and distributor of medical sampling devices and laboratory analysis technology, will create 51 jobs and invest $25 million in Union County over the next three years. The project was made possible in part by a $100,000 grant from the One North Carolina Fund.

_The Legislative Task Force on Childhood Obesity has submitted its report after studying the issue for the past several months and made 14 recommendations to curb childhood obesity in North Carolina. The report now goes to the General Assembly for consideration in the coming session.

_The State of North Carolina is offering a 15 percent instant rebate to all North Carolina residents who replace an appliance with the purchase of a new Energy Star qualified clothes washer, dishwasher, refrigerator or freezer from a participating North Carolina retailer Thursday, April 22 through Sunday, April 25. Funding was provided to the North Carolina State Energy Office from the federal American Recovery and Reinvestment Act, distributed nationwide by the U.S. Department of Energy.

_Gov. Bev Perdue, Chief Justice Sarah Parker and state House and Senate leaders have announced a bipartisan effort across state government to reduce spending on corrections and reinvest the savings in ways that prevent recidivism and hold offenders accountable for their actions. State leaders announced their partnership with the Council of State Governments Justice Center, the Pew Center on the States, and the U.S. Department of Justice’s Bureau of Justice Assistance, to analyze North Carolina’s criminal justice system using a “justice reinvestment” approach. State leaders worked together to secure this public-private assistance and financial support.


Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. April 19, 2010

Oversight and regulation of utilities is a critical part of state government, particularly now as broadband service has become vital to the operation and success of our businesses.

During this past session, we made several important changes to our utility laws to allow better service for the people of our state while also trying to relieve companies of some of their reporting requirements when possible. We believe these changes will help create a more efficient system in our state.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.


Broadband Service

_Public utility franchises that provide telephone service within a defined area may now provide that same service in adjacent areas if it also provides broadband service [S.L. 2009-80 (HB 135)]. This provision applies only when the existing telecommunications provider in the adjacent area is not providing broadband service to the customer.


Telephone Service

_The moratorium on the collection of the 911 fee from prepaid wireless providers has been extended through the 2010 calendar year [S.L. 2009-90 (HB 1027)].


Utilities/Carrier of Last Resort

_Carriers of last resort can now be relieved of their obligations for an area if that area has entered into an agreement with a communications provider that precludes the carrier from offering service in that area [S.L. 2009-202 (SB 889)]. The appropriate state agency and the people in the area have to be notified of the change. A provider also may be granted a waiver of its carrier of last resort responsibilities if it makes a showing to the appropriate state agency of all of the following: (1) providing service in the area would be inequitable or unduly burdensome; (2) one or more alternative service providers exist; and (3) granting the waiver is in the public interest.


Consumer Choice and Investment Act of 2009

_A new state law allows incumbent local telephone providers open to competition from other telephone service providers to elect to participate in an alternative form of regulation [S.L. 2009-238 (HB 1180)]. The alternative form of regulation exempts the companies from filing certain reports with the State Utilities Commission. In exchange, the companies commit to providing stand-alone basic service to rural customers at rates comparable to rates charged to urban customers and agree to limits on rate increases.


Utilities/Regulation of Pole Attachments

_Municipalities and certain membership corporations are required to permit communications providers, including providers of telephone service, broadband service, or cable service, to use their poles, ducts, and conduits at reasonable rates and conditions under negotiated agreements under a new state law [S.L. 2009-278 (SB 357)]. A request to a municipality or membership corporation to use its poles, ducts, or conduits may be denied only if there is insufficient capacity, or if the attachment would damage the safety or reliability of the item. If the parties are unable to reach an agreement to allow attachment, either party may bring an action in business court.


Electricity Generation

_Electric utilities can now recover operating costs and investment in renewable energy plants. These include facilities that generate electricity using solar electric, solar thermal, wind, hydropower, geothermal, or ocean current or wave energy, and that displace enough traditional electric generation that greenhouse gases will be reduced. Also, the State Dam Safety Act [S.L. 2009-390 (SB 1004)] will now cover some dams connected to electricity generation.


Joint Legislative Utility Review Committee Studies

_The Joint Legislative Utility Review Committee has been appointed and is in the process of studying: (1) the feasibility and suitability of feed-in rates to be paid to renewable energy electricity producers by electric power suppliers; (2) electric public utilities' purchase and use of coal that is extracted using mountaintop removal coal mining; (3) ways to establish a system of permits to be issued by the Department of Environment and Natural Resources for wind energy facilities; (4) the creation of NC Saves Energy as an independent energy efficiency administrator for the state to administer energy efficiency and energy conservation programs and programs to promote the sustainable use of energy; (5) the possibility of extending the standards governing energy efficiency and water use for major facility construction and renovation projects involving state, university, and community college buildings to major facility construction and renovation projects for entities that receive state funding; and (6) the necessity of requiring utilities to notify property owners of rights-of-way or adjacent land prior to applying pesticides to the rights-of-way [S.L. 2009-574, Sec. 8 (HB 945, Sec. 8)].


Notes

_ Plastek Industries, a leading maker of plastic consumer, cosmetic and pharmaceutical packaging, plans to create 250 jobs and invest $19 million in Richmond County over the next three years. The project was made possible in part by state grants from the One North Carolina Fund and the Job Development Investment Grant program.

_ Michelin North America Inc. will expand its operations in Stanly County. The company plans to create 74 jobs and invest more than $11.3 million during the next three years in Norwood. The project was made possible in part by a $620,000 grant from the One North Carolina Fund.

_ Albaad USA Inc., an international supplier of wet wipes for varied uses, will expand its plant in Rockingham County. The company will invest more than $9 million and create 95 jobs in Reidsville. The announcement was made possible in part by a $350,000 grant from the One North Carolina Fund.

_Mountaire Farms Inc., an international supplier of processed chicken and chicken products, will expand in Robeson County. The company will invest $17.9 million and create 51 jobs in the next three years. The announcement was made possible in part by a $150,000 grant from the One North Carolina Fund.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. April 8, 2010

For a variety of reasons, our nation has become more sedentary over the past few decades. We also tend to eat differently than we did a generation ago. As a result, we are now seeing increasing rates of obesity among our children. A survey from the Centers for Disease Control found that in 2007, 13 percent of North Carolina high school students – about one in every seven students – were obese and that 56 percent of them did not meet recommended levels of activity. Eighty-five percent did not eat enough fruits and vegetables in the week prior to the survey.

In the face of these statistics, we have tried over the past several years in North Carolina to encourage more activity and a better diet among our young people. We have set several new standards recently that I have detailed below. Also, the Legislative Task Force on Childhood Obesity has been meeting for several months and is preparing to release new recommendations for legislative action soon.

Task Force on Childhood Obesity

_ The Task Force on Childhood Obesity is responsible for studying issues relating to childhood obesity. In the course of its study, the task force has been considering strategies to address the problem of childhood obesity and encourage healthy eating and increased physical activity among children through: (1) early childhood intervention; (2) childcare facilities; (3) before and after-school programs; (4) physical education and physical activity in schools; (5) higher nutrition standards in schools; (6) comprehensive nutrition education in schools; (7) increased access to recreational activities for children; (8) community initiatives and public awareness; among other means. The task force also encourages input from public nonprofit organizations, promoting healthy lifestyles for children, addressing the problems related to childhood obesity, encouraging healthy eating, and increasing physical activity among children. The group is expected to approve its final recommendations on April 19.


Nutrition Standards

_For nutritional reasons, public schools are no longer allowed to use cooking oils that contain trans-fatty acids in their school food programs nor are they allowed to sell processed foods containing trans-fatty acids that were formed during the commercial processing of the foods [S.L. 2004-124, Sec. 7.29 - (HB 1414, Sec. 7.29)].

_We have modified the law governing beverages sold in vending machines during the school day in public schools and set the following requirements (S.L. 2005-253 - SB 961): (1) soft drinks cannot be sold during the breakfast and lunch periods; (2) soft drinks cannot be sold contrary to the requirements of the National School Lunch Program; (3) soft drinks cannot be sold at elementary schools; (4) sugared carbonated soft drinks may not be sold in a middle school; (5) sugared carbonated soft drinks in high school are limited to a maximum of 50 percent of the offerings; (6) diet carbonated soft drinks are not in the same category as sugared carbonated soft drinks; and (7) bottled water products must be available in all schools that have beverage vending. The act also permitted schools to adopt stricter policies for beverage vending. The act further provided that by the 2006-2007 school year, no snack vending was available to students in elementary schools and 75 percent of the snack vending products available in middle and high schools would have no more than 200 calories per portion or package.

_ The Board of Governors of the University of North Carolina and the State Board of Community Colleges were directed to adopt policies that prohibit the use of cooking oils that contain trans-fatty acids or the sale of processed foods containing trans-fatty acids [S.L. 2005-276, Sec. 9.28 (SB 622, Sec. 9.28)].

_The State Board of Education was directed to establish nutrition standards that will gradually increase the amount of fruits, vegetables, and whole grain products in the items available for school meals and the After School Snack Program, and in a la carte foods and beverages [S.L. 2005-457 (HB 855)].

_All elementary schools must achieve a basic level of the nutrition standards adopted by the State Board of Education to the end of the 2009-10 school year [S.L. 2008-107, Sec. 7.25 (HB 2436, Sec. 7.25)]. However, local school administrative units were encouraged to take steps to implement within existing funds and to the extent possible the nutrition program standards by the end of the 2008-09 school year.

Physical Education

_The State Board of Education was directed to study the current status of K-12 physical education in the state [S.L. 2008-181, Part XXV (HB 2431, Part XXV)]. Each local school administrative unit was instructed to collect baseline data at the individual school level and report the data to the Department of Public Instruction. The baseline data included: (1) minutes in physical education on a weekly basis and number of physical education classes per week throughout the school year for every school; (2) average physical education class size for every school; (3) student Body Mass Index for a statistically valid random sample from all counties of students of varying ages; and (4) nutrition and physical activity knowledge and behaviors of students in the random samples.

_Last session, we passed a new state law that directs the State Board Education to encourage local boards of education to enter into agreements with local governments and other entities regarding the joint use of their facilities for physical activity (S.L. 2009-334 - HB 1471).


Notes

_Clariant, an international specialty chemicals company, will expand in Mecklenburg County. The company will consolidate customer service and business support operations from Rhode Island to its existing Monroe road facility in Charlotte, adding 50 jobs and investing $2.5 million during the next three years. The project was made possible in part by a $55,000 grant from the One North Carolina Fund.


Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.


Prepared with the assistance of the Speaker’s Office of Communications

Sanford Herald - Love scores high in effectiveness

Sanford Herald - Love scores high in effectiveness: "RALEIGH — N.C. Rep. Jimmy Love (D-Lee) ranked in the upper third of N.C. House members for effectiveness in the state legislature in 2009, according to a report released from a nonpartisan research group Friday.

In the report, released by the N.C. Center for Public Policy Research, Love ranked 33rd out of 119 N.C. House members for effectiveness in 2009, up from 57th in 2007.

“I worked hard this session and I am pleased with the results,” Love said. “I ranked better than some of the veterans up there.”"