This bill requires that when a change of placement occurs and a student is to be placed on homebound instruction under IDEA discipline regulations, the student’s IEP team must meet and determine that homebound instruction is the least restrictive alternative environment for that student to meet their IEP goals before homebound instruction can be assigned. Additionally, the IEP teams must reevaluate monthly when a child is on homebound instruction.

Effective Date: 8/23/07

Statute: 115C-107.7

HB 17 – STUDY SERV. FOR STD. W/ DISABILT. IN HIGH SCHOOL (SL 2007-295)

This bill requires the Department of Public Instruction to conduct a study of the delivery of education and other services to students with disabilities at the high school level.

Effective Date: 7/28/07

HB 18 – DEFINE RESIDENCE FOR STUDENT W/SPECIAL NEEDS (SL 2007-292)

This bill defines the term residence for special education students for tuition free enrollment purposes to be the same criteria as for regular education students under GS 115C-366. The bill makes conforming changes to three other statutes. This does not apply to children who were enrolled on the last day of school for the 2006-2007 school year or were enrolled and attended school on August 1, 2007 for the 2007-2008 school year as long as they live within and are continuously enrolled in the LEA.

Effective Date: 7/28/07

Statute: 115C-106.3, 106.2(a), 107.3(a), 107.6(b)

HB 20 HOMEBOUND INSTRUCTION STANDARDS (SL 2007-429)

This bill would add definitions for the terms “educational services” and “homebound instruction” to 115C Art. 9, Education of Children with Disabilities. Educational services would be defined to include: (1) Necessary instructional hours per week determined by IEP team (2) Instruction delivered by a teacher appropriately qualified; (3) Related services included in the student IEP; (4) Behavior Intervention services. Homebound instruction would be defined as educational services provided to a student outside the school setting.

Effective Date: 8/23/07

Statute: 115C-106.3

HB 24 – SMOKING IN STATE GOVT. BUILDINGS/PROHIBITION (SL 2007-193)

Section 2 of the bill allows local government to adopt an ordinance, law, or rule restricting smoking in a number of locations and events including public schools, school facilities, on school campuses, at school-related or school-sponsored events, in or on other school property, public school buses, or at day care centers. Such restrictions may be imposed by local boards having ownership or jurisdiction over the building, campus, event, property, or vehicle. This subsection is repealed on August 1, 2008, when SB 1086 becomes law.

Effective Date: 6/29/07

Statutes: G.S. 130A-491, 492, 493, 493.1, 494, 498, 143-601

Sunset: 8/1/08 for school portion

HB 26 -- STUDY TEACHER PREPARATION PROGRAMS (SL 2007-284)

This bill directs the Board of Governors, in consultation with the State Board of Education, to study the effectiveness of the current teacher education programs in preparing teachers to educate students with disabilities.

Effective Date: 7/27/07

HB 63 – PROPERTY TAX – SCHOOL CAPITAL LEASES (SL 2007-477)

This bill excludes from property tax, real or tangible personal property that is subject to a capital lease and is used as a public facility.

Effective Date: Taxes imposed for taxable years beginning 7/1/07

Statutes: G.S. 105-275

HB 150 – EVERY CHILD READY TO LEARN (SL 2007-173)

This bill amends the law regarding the kindergarten start date to require that a child reach the age of five on or before August 31st of that school year in order to be eligible to enroll in public school. The previous cut off was October 16th. The bill maintains the exceptions to the age requirement for (i) a child who has attended school in another state in accordance with the laws and rules of that state prior to becoming a resident of North Carolina, and (ii) a child who reaches the age of four on or before April 16 and is deemed “gifted” and sufficiently mature to enter kindergarten.

Effective Date: 2009-2010 school year.

Statute: 115C‑364

HB 183 – BAN CELL PHONE USE BY SCHOOL BUS DRIVERS (SL 2007-261)

This bill would make it a Class 2 misdemeanor for drivers to use mobile telephones while operating school buses or providing contracted transportation services for schools. The use of the mobile phone for the sole purpose of communicating in an emergency situation would not be prohibited by statute. Emergency situation would be defined as a situation where medical concerns, unsafe road conditions, public safety concerns, or mechanical failure would create a risk of harm for the operator or passengers of the vehicle.

Effective Date: 12/1/07

Statute: 20-137.4

HB 232 STRATEGIES FOR RECOVERING TEXTBOOK COSTS (SL 2007-275)

The bill directs the Joint Legislative Education Oversight Committee to study strategies for recovering costs due to damaged and lost textbooks.

Effective Date: 7/27/07

HB 265 – ESTABLISH HIGH RISK POOL (SL 2007-532)

This bill established the North Carolina Health Insurance Risk Pool, whose purpose is to enable individuals with high-risk health conditions to obtain health insurance coverage at premium rates that are more affordable than currently available rates. Subscribers will pay 65 percent of the costs through their premiums. Premiums will be set at 150 to 200 percent of what a healthy person would pay for private insurance. In addition, the Teachers’ and State Employee’ Health Plan will pay an annual surcharge of $1.50 per active employee member and their dependents covered under the Plan per year. That surcharge would generate approximately $700,000 per year into the fund. The Health and Wellness Trust Fund will provide $5,000,000 in the first year. Enrollment will start no later than January 1, 2009.

Effective Date: Majority of bill 8/31/07

Statute: G.S. 105-228.5B

HB 349 LOCAL SCHOOL BOARD REMOVAL (SL 2007-498)

This bill repeals the statutory provision that allows the State Board of Education to initiate the process of removing a local school board member.

Effective Date: 8/30/07

Statute: G.S 115C-39(a)

HB 454 – IDENTITY THEFT (SL 2007-534)

Section 2 of this bill amends the statute regarding publication of personal information. It shall be a violation for any person to knowingly broadcast or publish on radio, television, cable television, in any writing of any kind, or on the Internet, the personal information of another with actual knowledge of the person previously objecting to the disclosure. Government, and government subdivisions and agencies are excluded from this requirement.

Effective Date: 12/1/07 for acts committed on or after that date

Statute: G.S. 75-66

HB 485 – INFO. ON LAWFUL ABANDONMENT (SL 2007-126)

This bill requires local school boards to adopt policies to ensure that students in grades 9 – 12 receive information annually on the manner in which a parent may lawfully abandon a newborn baby with a responsible person.

Effective Date: Policies must be adopted by 8/1/08 for the 2008-09 school year.

Statute: G.S. 115C-47

HB 488 ALTERNATE HEARING BEFORE SCHOOL REASSIGNMENT (SL 2007-501)

This bill adds that local boards of education may designate a hearing officer to hear reassignment appeals. However, if a hearing officer is offered, a panel of at least two school board members must also be given as an option. The parent would then choose which, hearing officer or school board member panel, would conduct the hearing. The recommendations are then sent to the board for final determination. The bill also changes how the local board provides notice of the decision to mail, telephone, telefax, email, or any other method reasonably designed to achieve notice.

Effective Date: 8/30/07

Statute: 115C-369

HB 536 – ENHANCED TRAINING FOR SCHOOL ADMINISTRATORS (SL 2007-517)

This bill directs the State Board of Education to adopt new standards for school administrator preparation programs by July 1, 2008. The institutions of higher education are directed to redesign their school administrator preparation programs according to the new standards and report to the State Board of Education on the redesign of their programs by July 1, 2009.

Effective Date: 7/1/08 and7/1/09 respectively

Statute: 115C-284

HB 550 – MODIFY SCHOOL EMPLOYEE CONFIDENTIALITY LAW (SL 2007-192)

This bill amends the confidentiality of school personnel files law by providing that information relevant to criminal misconduct may be made available to law enforcement officials and the district attorney in connection with the investigation of: (1) Any report made pursuant to G.S. 115C‑288(g); or (2) A report from anyone regarding arson, theft, embezzlement, or misuse of any personal or real property owned by the local board of education. Statements or admissions made by the employee relating to those reports will not be admissible in any subsequent criminal proceedings against the employee. The bill requires that the employee be given five days prior written notice of the disclosure and the opportunity to apply to district court for an in camera review of the records to determine if the information is relevant to possible criminal misconduct.

Effective Date: 6/29/07

Statute: 115C-321

HB 583 – MODIFY COM. COLL. LATERAL ENTRY PROCESS (SL 2007-166)

This bill eliminates the following requirements for teachers: (1) Have completed a bachelor degree at least 5 years before undertaking study; (2) Hold a lateral entry teaching certificate and be employed as a teacher in a local school administrative unit.

Effective Date: 7/1/07

Statute: 115C-296(c1)

HB 654 – CLARIFY DEFINITION OF RETIREMENT (SL 2007-143)

This bill clarifies that service as a member of a school board shall not be considered as employment under the definition of “retirement” under the Teachers’ and State Employee’ Retirement System (TSERS).

Effective Date: 6/29/07

Statute: 135-1(20)

HB 705 -- SCHOOL FOOD SERVICE EQUIPMENT/LEASE PURCHASE (SL 2007-519)

This bill permits local boards of education to enter into lease purchase or installment purchase contracts for food service equipment.

Effective Date: 8/31/07

Statute: 115C‑528(a)

HB 714 – 2007 BUDGET TECHNICAL CORRECTIONS (SL 2007-345)

Section 5.2 clarifies S.L. 2007-323 (Page F-9 Item 36 on the Money Report) that funds appropriated for Communities in Schools shall be used by that nonprofit corporation to assist with the establishment and development of local student support programs designed to prevent academic failure and dropouts. These funds may be provided to local programs as “seed money” for both new and established programs and funds from its cash reserves may be used for additional grants to local programs.

Section 5.3 changes the charge of the Legislative Study Committee on Public School Funding Formulas outlined in Section 7.31 of S.L 2007-323 by adding the following new topics of study: (1) School Capital Fund; (2) Lottery School Construction Formula; and (3) Number of school systems funded per county. The Committee is also directed to study the State Board of Education’s model for projecting average daily membership and focus on how well the model projects average daily membership in rapidly growing LEAs with a highly mobile population. The Committee is directed to report its findings to the 2008 Regular Session.

Section 9.2 directs the Department of Administration to study availability and utilization of minority and women owned businesses in contracts for all aspects of construction projects including any projects in which state funds are used including public school construction projects that utilize state funding.

Sections 11 and 12 of this bill make corrective changes in references to the State Health Plan in order to allow the Revisor of Statutes to follow directives in connection with the July 1, 2008 changes to the State Health Plan.

Effective Date: Section 9 is effective 7/1/07, Section 11 is effective 10/1/07, and all other sections are effective 8/9/07.

Statutes: G.S. 120-19, 135-39.6

HB 735 -- CONSTRUCTION PLAN REVIEW (SL 2007-303)

This bill increases the building size threshold from 10,000 to 20,000 square feet for local government buildings including schools whose plans require approval by the Commissioner of Insurance before construction may begin.

Effective Date: 10/1/07

Statute: G.S. 58-31-40

HB 779 – INCREASE CONTRIBUTORY DEATH BENEFIT (SL 2007-496)

This bill increases to $10,000 the contributory death benefit payable on behalf of retired members of the Teachers’ and State Employees’ Retirement System.

Effective Date: Deaths occurring on or after 7/1/07

Statutes: G.S. 135-5(l), 128-27(l4)

HB 851 – TEACHER ASSISTANT SCHOLARSHIP FUND (SL 2007-457)

This bill changes one the requirements for the teacher assistant scholarship fund by requiring the applicant to be enrolled in an accredited institution of higher education in North Carolina and pursuing teaching licensure.

Effective Date: 8/28/07

Statute: 116-209.35

HB 915 – OFFER SIGN LANGUAGE IN SCHOOLS AND COLLEGES (SL 2007-154)

This bill directs the State Board of Education to encourage public high schools to offer American Sign Language as a modern foreign language. The bill also directs the State Board of Education to adopt and implement standards for teacher certification as an American Sign Language teacher. The State Board of Community Colleges and Board of Governors of The University of North Carolina are also directed to encourage their colleges to offer courses in American Sign Language. The three entities will report on the implementation of this legislation to Joint Legislative Oversight Committee by 10/1/07.

Effective Date: 6/29/07

Statutes: 115C-81.3, 116-11

HB 956 – RETIRED TEACHERS RETURN TO WORK (SL 2007-326)

This bill extends the law on re-employing retired teachers. In order to qualify, teachers retiring after October 1, 2007, must meet one of the following criteria: (1) 30 years of service with no age restrictions; (2) Age 60 with 25 years of service; (3) Age 65 with 5 years of service. There still exists the required six month break in service before re-employment. All retirees employed under the previous criteria are grandfathered under the old law. The bill expires on October 1, 2009.

Effective Date: Applies to those that retire after 10/1/07

Statutes: G.S. 135-3(8), 115C-325(5a)

HB 966 – ALTERNATIVE TEACHER SALARY PLANS/PILOT PROGRAM (SL 2007-453)

This bill directs the State Board of Education to establish a pilot program authorizing the implementation of alternative teacher salary plans in up to five local school administrative units. The plan must also be approved by the secret vote of the majority of teachers who will directly participate in the plan.

Effective Date: 8/27/07

HB 1060 – LOCAL GOVERNMENT SURPLUS PROPERTY DONATIONS (SL 2007-430)

This bill allows a city to donate to another governmental unit, including LEA, any personal property (supplies, materials, and equipment) that the governing board deems to be surplus, obsolete, or unused. The governing board of the city or county shall post a public notice at least five days prior to the adoption of a resolution approving the donation. The resolution shall be adopted prior to making any donation of surplus, obsolete, or unused personal property.

Effective Date: 8/23/07

Statute: 160A-280

HB 1111 – CLARIFY STATE GOVERNMENT ETHICS ACT (SL 2007-348)

Section 16 of the bill provides exemptions from the Chapter 120C Lobbying Laws. Duly elected or appointed officials or employees of a school district acting within their duties of office are exempt from the lobbying chapter (2006 bill). This section provides an exemption from the laws for city and county attorneys but not school board attorneys.

Effective Date: 8/09/08

HB 1308 – LIFETIME CERT. AFTER TEACHING 50 YEARS (SL 2007-478)

This bill directs the State Board of Education to provide for a lifetime certification for a teacher after fifty years of teaching.

Effective Date: 8/29/07

Statute: G.S. 115C-296(b)

HB 1347 – FALSE REPORT/MASS VIOLENCE (SL 2007-196)

This bill amends the law to make it a Class H felony to communicate (by mail, phone, text message, fax, electronic mail, or other electronic means) a false report that an act of mass violence is going to occur on educational property or at an activity sponsored by a school. Mass violence is defined as physical injury that could lead to permanent injury or death of two or more people.

Effective Date: Applies to offenses committed on or after 12/1/07

Statute: G.S. 14-277.5

HB 1357 – MILITARY CHILDREN MAY ATTEND PUBLIC SCHOOLS (SL 2007-283)

This bill allows a child to attend schools free of tuition in a LEA in which the child is not domiciled if the child resides in the LEA because the child’s parent or guardian has been called to active military or National Guard duty.

Effective Date: 7/27/07

Statute: 115C-366(a)(3)

HB 1415 SHORT TERM DISABILITY/MILITARY SERVICE (SL 2007-325)

Section 2 of the bill changes the State’s long-term disability plan by requiring a participant to qualify for social security disability within 36 months. If the person has not qualified within the 36 months they are no longer able to receive disability under the State plan. If a person later qualifies (i.e. case was still pending) for social security disability then the person would be reinstated in the State plan. Section 3 makes the same requirements apply to the Optional Retirement Program.

Effective Date: Sections 2 and 3 become effective 8/1/07 (only apply to persons with less than 5 years of membership service as of 7/31/07)

Statutes: G.S. 135-105(a), 135-106, 135-107

HB 1449 – 4-YEAR TERMS/TEACHING STANDARDS COMM (SL 2007-174)

This bill changes from two years to four years the term of service for members of the North Carolina Professional Teaching Standards Commission. The terms would be staggered and would begin September 1.

Effective Date: 7/5/07

Statute: 115C-295

HB 1464 – SCHOOL ABSENCES EXCUSED/LEG. AND GOV. PAGES (SL 2007-186)

This bill directs the State Board of Education to adopt rules to provide for excused absences for a student’s participation in a valid educational opportunity such as a service as a legislative page.

Effective Date: Beginning with 2007-2008 school year

Statute: 115C-379

HB 1471 – CHARTER SCHOOL EMPLOYMENT BENEFITS ELECTION (SL 2007-464)

This bill allows the Board of Directors of the Orange Charter School and Bethany Community Middle School to elect to participate in the Teachers’ and State Employees’ Retirement System and Major Medical Plan. The bill also requires all teachers to mutually agree. The election to participate must take place within 30 days of the effective date of the act.

Effective Date: 8/28/07.

HB 1473 – 2007 APPROPRIATIONS ACT (see above)

HB 1519 – MODIFY SCHOOL FUNDING MEDIATION LAW (SL 2007-92)

The bill modifies 115C-431(d) by (1) removing language requiring that if an appeal is made and results in a delay, a sum must be deposited by the county commissioners with the LEA; (2) adding that the notice of appeal must be given within 10 days after entry of judgment; (3) adding final judgment is binding on the parties at the conclusion of the appeals process (this gets rid of the mootness argument which was decided in Cumberland v Cumberland 113 NC App 164 (1993)); and (4) payment of final judgment must not be considered or used to reduce subsequent fiscal year appropriations to the LEA.

Effective Date: 6/20/07

Statute: G.S. 115C-431

HB 1546 SCHOOL BUS ENDORSEMENT LICENSE EXPIRATION (SL 2007-350)

This bill requires a commercial drivers license with a carrying passengers (P) and school bus (S) endorsement to expire three years after it is issued if the licensee is certified to drive a school bus in North Carolina.

Effective Date: 9/13/07, and applies to new and renewal licenses issued on or after that date.

Statute: G.S. 20-7(f)(2)

HB 1593 – STATE HEALTH PLAN/PLAN YR. CHANGE (SL 2007-521)

This bill directs the Executive Administrator of the Teachers' and State Employees' Comprehensive Major Medical Plan to evaluate the actuarial, administrative, financial, operational, and plan member impact of converting the Plan's benefit plan year to a calendar year basis from a fiscal year basis. Not later than April 1, 2008, the Executive Administrator shall report his findings and recommendations to the Committee on Employee Hospital and Medical Benefits and the Fiscal Research Division.

Effective Date: 8/31/07

HB 1739– NOTICE AND RIGHTS REGARDING SCHOOL SUSPENSION AND EXPULSION (SL 2007-466)

This bill requires the principal or his/her designee: to notify parents or guardians when their children are suspended or expelled from school, including suspensions less than 10 days. Such notice must be given by certified mail (long terms and expel only), telephone, fax, e-mail or any other method reasonable designed to achieve actual notice. The bill also allows students placed on short-term suspensions the opportunity to take their textbooks home for the duration of the suspension, to have access to homework assignments and to take any quarterly, semester or grading period exams missed during the suspension period.

Effective Date: 8/29/07 and applies beginning with the 2007-08 school year.

Statute: G.S 115C-391

HB 1743 – ELECTION AMENDMENTS (SL 2007-391)

Section 27 of this bill requires that in order for a person to be eligible for appointment to fill a vacancy in any elected office (state or local), he or she must have been qualified to vote as an elector for that office if an election were held on the date of appointment.

Effective Date: Applies to appointments made on or after 8/19/07

Statute: GS 128-7.2

HB 1912 – SCHOOL BUS RETROFIT IN NONATTAINMENT AREAS (SL 2007-465)

This bill provides funds to retrofit school buses in order to reduce diesel emissions in counties located in nonattainment or maintenance areas for ozone or particulate matter.

Effective Date: 7/1/08 for federal funds and 8/28/07 for remainder of act.

HB 2044 – 2007 CONTINUING BUDGET AUTHORITY (SL 2007-145)

This bill authorized the Director of the Budget to continue expenditures for the operation of government at the level in effect on June 30, 2007 (Section 1). Vacant positions subject to proposed budget reductions are not to be filled (Section 1). Specifically states that teachers and other school employees paid on a salary schedule are not authorized to move up a step (Section 3). The State's employer contribution rates budgeted for retirement and related benefits for the 2007‑2008 fiscal year remain the same as they are on June 30, 2007 (Section 4). If either budget bill states that funds do not revert then they do not revert (Section 5). The bill extended the sunset on Retired Teachers Return to Work until August 1, 2007 (Section 7). The bill also appropriated money from the General Fund ($162,400,000) for the 2007-08 school year to fully fund increases in average daily membership in public schools (Section 8). Section 8 is repealed in Sec 7.40 of HB 1473 (SL 2007-323).

Effective Date: 6/29/07

Expiration Date: 11:59 p.m. 7/31/07

SENATE

SB 8 – EXPAND SAFE ZONES/SCHOOLS, PARKS, CHILD CTRS (SL 2007-375)

This bill increases the boundary limit, from 300 feet to 1,000 feet around specified locations, including schools, where the penalty for drug sales would be classified as a Class E felony. It would also include in these “safe zones” all property that is a public park.

Effective Date: 12/1/07

Statute: G.S. 90-95

SB 211 – ELECTRONIC SIGNATURES/PUBLIC AGENCIES (SL 2007-119)

This bill clarifies that public agencies may use, as well as accept, electronic signatures.

Effective Date: 6/27/07Statute: G.S. 66-58.4

SB 260 – SCHOOLS PROVIDE INFO ON CERVICAL CANCER (SL 2007-59)

This bill requires local boards of education to ensure schools provide parents and guardians with information regarding cervical cancer, cervical dysplaysia, human papillomavirus and the vaccines available to prevent these diseases. The information must be provided to parents of children entering grades 5-12 at the beginning of each school year. The Department of Health and Human Services shall provide sample materials to LEAs.

Effective Date: 7/1/07; Year round schools must distribute the information no later than 9/1/07

Statutes: 115C-47, 238.29F, 548, 556, and 565

SB 320 – STATEWIDE CERTIFICATION OF HUBS (SL 2007-392)

This bill requires the Secretary of Administration to develop and administer a statewide uniform certification program for Historically Underutilized Businesses (HUBS) doing business with the State and political subdivisions including local school boards. The redesigned certification and database by the Secretary of Administration shall be complete by 3/31/08. The State and political subdivision shall only use businesses in the database for minority business purposes by 7/1/09.

Effective Date: Program must be enacted no later than 3/31/08; governmental entities must use to database by 7/1/09.

Statutes: 143-48.4, 143-28.4

SB 492 – POLITICAL SUBDIVISIONS/CONTRACTS EXEMPTION (SL 2007-94)

This bill exempts political subdivisions of the State, which include public schools from purchases of apparatus, supplies, materials, or equipment from contracts established by the United States of America or any federal agency, if the contractor is willing to extend to a political subdivision of the State the same or more favorable prices, terms, or conditions as established in the federal contract. The statute previously dealt with State contracts only.

Effective Date: 6/20/07

Statutes: G.S. 143-129(e)

SB 613 – 2007 TECHNICAL CORRECTIONS ACT (SL 2007-484)

Section 27 is a technical correction to validate certain notorial acts performed between 10/31/06 and 6/30/07 for local government agencies.

Section 31.7 clarifies that the definition of local government in Section 2 HB 24 (SL 2007-193) Smoking in State Govt. Buildings/Prohibited to include authorities or bodies created by joint resolution.

Section 7 amends G.S. 20-309 and 311 to make it clear that the clear proceeds of fines and forfeitures collected by the Department of Transportation go to the Civil Penalty and Forfeiture Fund.

Section 14 changes an erroneous statutory reference for the reimbursement rate for the North Carolina Professional Teaching Standards Commission.

Effective Date: 8/30/07, unless otherwise noted

Statutes: G.S. 130A-498, G.S 20-309, 311, G.S. 115C-295.1(f)

SB 659 – OFFICIALS FORFEIT PENSIONS FOR FELONIES (SL 2007-179)

This bill requires that elected officials who are members of any state retirement system forfeit their pensions upon conviction of a state or federal offense involving public corruption or a felony violation of election laws. If a member has not vested in the System on July 1, 2007, and is convicted of a listed offense for acts committed after July 1, 2007, that member shall forfeit all benefits under the System. If a member has vested on July 1, 2007, and is convicted of listed offense committed after July 1, 2007, that member is not entitled to any creditable service that accrued after July 1, 2007. No member shall forfeit any benefit or creditable service earned from a position not as an elected government official.

Effective Date: 7/1/07, and applies to offenses committed on or after that date.

Statutes: 120-4.33, 120-4.12, 128-38.4, 128-26, 135-18.10, 135-4, 135-75.1, 135-56

SB 720 – OPEN ENROLLMENT/CONTRIBUTORY DEATH BENEFIT (SL 2007-388)

This bill allows a contributory death benefit open enrollment period from February 1, 2008 through May 31, 2008, for retirees of the Teachers’ and State Employees’ Retirement System.

Effective Date: 8/19/07

SB 772 – SCHOOL FINANCE FIDELITY BONDS (SL 2007-85)

This bill sets the minimum surety bond amount for a school finance officer at $50,000. This is the same requirement imposed upon finance officers for other units of local government.

Effective Date: 7/1/08

Statutes: 115C-442(c)

SB 812 – STUDY SAFETY RESTRAINTS ON SCHOOL BUSES (SL 2007-191)

This bill requires the North Carolina Child Fatality Task Force to study and analyze the feasibility of the use of seat belts by passengers on school buses and school activity buses. In conducting the study, the Task Force is directed to consider whether or not seat belts are necessary to enhance safety, examine costs associated with requiring seat belts on buses, and determine the manner in which the local boards of education may enforce their use. The Task Force shall report its findings and recommendations to the General Assembly on or before May 1, 2008.

SB 854 – AMEND PRIVATE PROTECTIVE SERVICES ACT (SL 2007-511)

Sections 4 and 5 of this bill requires security guard and patrol, armored car, special limited guard and patrol or any licensee who carries a firearm to obtain and maintain liability insurance. Section 7 makes it unlawful for any person to carry a firearm unless the person has registered with the Protective Services Board. Section 12 amends the criminal statute prohibiting weapons on educational property for armed armored car service guards and armed courier service guards. The section creates an exemption for situations where the guards are discharging their official duties and have the permission of the college or university.

Effective Date: Section 12 8/30/07, Sections 4 and 5 10/01/07

Statutes: G.S. 74C-10, 11, 12, G.S. 14-269.2

SB 880 – BAIL BONDS/AMEND FORFEITURE REQUIREMENT (SL 2007-105)

This bill broadens the reasons a forfeiture of a bail bond shall be set aside if the defendant is (1) Incarcerated anywhere in the United States (jail or federal detention center in or out of state) on the day the defendant was required to appear in court and failed to do so; (2) The district attorney was notified of the defendant’s incarceration; (3) The defendant remains incarcerated for at least 10 days after the DA’s receipt of the notice (as evidence by written notice served by hand delivery/certified mail). The bill also allows for a court to impose monetary sanctions against a surety who attached fraudulent documentation to the motion to set aside the forfeiture, unless the court finds the failure to attach required documentation was unintentional.

Effective Date: 10/01/07, and applies to forfeitures on or after that date

Statute: 15A-544.5 and 544.3(b)(9)

SB 914 – TEACHERS CONVERT PERSONAL LEAVE TO SICK LEAVE (SL 2007-378)

This bill allows teachers to convert excess personal leave days into sick leave days. Currently, teachers may accumulate up to five personal leave days. Under this bill, any excess personal leave days (above five) earned by June 30 would be converted to sick leave on July 1. Additionally, the bill would require all teacher requests for personal days to be granted automatically, so long as the request is made five days in advance and a substitute is available. The bill also provides that at the time of retirement, a teacher may convert accumulated personal leave to sick leave for creditable service towards retirement. Lastly, the bill specifies that personal leave for teachers may not be used on days scheduled for State testing, unless approved by the principal.

Effective Date: 8/19/07

Statutes: G.S. 115C-302.1(d)

SB 924 – SCHOOL BUS SAFETY ACT CORRECTION (SL 2007-382)

This bill deletes the requirement that a “serious bodily injury” must occur for it to be a Class I felony to strike a person while passing a stopped school bus with a mechanical stop sign out or flashing red lights. The bill also deletes the requirement that the words “School Bus” be at least 8 inches high. Section 3 of the bill adds a new requirement that a school bus be painted primarily yellow below the roofline.

Effective Date: Section 3 is effective 8/1/07 and applies to buses acquired on or after that date. All other sections become effective 10/1/07 and apply to offenses committed on or after that date.

Statutes: G.S. 20‑217(g), G.S. 20‑4.01(27)d4

SB 1030 – ROPE SCHOLARS PILOT PROGRAM (SL 2007-277)

This bill requires the State Board of Education, the UNC Board of Governors and the State Board of Community Colleges to cooperatively develop a framework for a Reaching Ones Potential for Excellence (ROPE) Scholars Pilot Program. The intent of the program is to: (1) Reduce class size to 1:17; (2) Provide incentives of up to $5000 to teachers certified in any high need subject matter; (3) Provide a coordinator position at each participating school to assist in community and parental support; (4) Encourage participating students to have excellent attendance, maintain a B average, achieve an adequate score on the PSAT, SAT or ACT, meet UNC admission standards, engage in community service, and demonstrate good character; (5) Provide college scholarships to those who successfully participate in the program. Three LEAs would be selected for the 2009-2010 school year, at least one urban and one rural.

Effective Date: 7/27/07

SB 1086 – TOBACCO FREE SCHOOLS (SL 2007-236)

This bill requires local boards of education to adopt “tobacco free schools” policies. Previously the adoption of the policy in this statute was optional.

Effective Date: Policy must be in place by 8/1/08

Statute: G.S. 115C-407

SB 1115 – PILOT PROGRAM FOR LATERAL ENTRY TEACHERS (SL 2007-376)

This bill directs the State Board of Education to establish a pilot program for lateral entry teachers in up to eight local school administrative units, one of which will be Guilford County Schools. Under the pilot program, participating LEAs review the college transcripts of lateral entry teachers and determine a program of study that the teachers must complete. The pilot unit then arranges to provide course offerings that meet the unit's and the teacher's needs.

Effective Date: Policies and procedures must be adopted by 12/15/07.

Expiration Date: 6/30/2011

SB 1169 – CONFIRM STATE BOARD OF EDUCATION MEMBERS (Res. 2007-47)

This joint resolution provides for the confirmation of the appointments by the Governor of Kevin D. Howell and Eulada P. Watt to the State Board of Education for terms to expire March 31, 2015.

Effective Date: 6/20/07

SB 1218 – CANDIDATE FELONY DISCLOSURE (SL 2007-369)

This bill requires candidates at the time of filing for office to disclose on a form any felony for which he has been convicted. If convicted of a felony, the following information must be included: name of offense, date of conviction, date of restoration of citizenship rights, and county and state of conviction. Candidates for school board are included in those required to file. It is a Class I felony to knowingly file a false statement.

Effective Date: 1/1/08

Statutes: G.S. 163-106

SB 1240 – SALES TAX EXEMPTION FOR BAKED GOODS (SL 2007-368)

Section 2 of this bill authorizes a State sales tax exemption for all bread sold at a bakery thrift store.

Effective Date: 10/1/07 and applies to all sales made on or after that date.

Statute: G.S. 105-467(a)

SB 1245 – RETAINAGE PAYMENTS/CONSTRUCTION CONTRACTS (SL 2007-365)

This bill prohibits public owners from requiring retainage on public construction contracts of less than $100,000, limits the amount of retainage allowed to be held by the public owners to no more than 5%, provides for the release of retainage when 50% of the total cost has been reached and when the contractor has satisfactorily performed, and requires payment in full within 60 days following completion.

Effective Date: 1/1/08 and applies to contracts entered on or after that date

Statute: 143-134.1

SB 1292 – MODIFY REQUIREMENTS/TEACHER LICENSE RENEWAL (SL 2007-409)

This bill directs the State Board of Education to adopting a policy requiring teachers to take a specified number of renewal credits in their academic content areas as part of teaching license renewal. The policy may provide for exceptions for teachers seeking certification or re-certification by the National Board for Professional Teaching Standards (NBPTS). Teachers of grades kindergarten through twelve to take three renewal credits in their academic subject areas, including strategies to teach those subjects, during each five-year license renewal cycle.

Effective Date: 8/21/07

SB 1327 – BAIL BOND/EXCEPTION/RETURN OF BOND PREMIUM (SL 2007-399)

This bill adds two additional exceptions for when a surety would not be required to return the premium upon surrender of a defendant. If the defendant: (1) Fails to disclose information regarding any past or current criminal activity, charges, or convictions; (2) Provides the surety with incorrect personal identification.

Effective Date: 8/21/07

Statute: G.S. 58-71-20

SB 1452 DIESEL BUSES TO USE MINIMUM B-20 FUEL (SL 2007-423)

This bill requires any school bus purchased by a local board of education that is capable of operating on diesel fuel to be capable of operating on diesel fuel with a minimum biodiesel concentration of B-20(blend of 20% biodiesel fuel and 80% petroleum-based fuel). The bill also requires that of the total volume of the fuel purchased annually by local school districts statewide for use in school bus diesel engine motor vehicles, at least 2% of the total volume must be biodiesel fuel of a minimum blend of B-20, to the extent that biodiesel blend is available and compatible with the technology of the vehicles or equipment used.

Effective Date: 6/1/08, and applies to vehicles transferred or purchased on or after that date.

Statutes: G.S. 115C-238.29, 115C-240,115C-249,115C- 253

SB 1479 – HIGH NEEDS SCHOOLS/ADDITIONAL SUPPORT (SL 2007-445)

This bill requires the State Board of Education to designate schools as high need if they meet 2 out of 3 criteria: (1) More than 45% of students performing at Level 1 or 2 on end-of-grade or end-of-course tests; (2) Teacher Turnover Rates greater than 25%; (3) More than 80% of students qualifying for free or reduced lunch. In 2008-09, high needs schools would be permitted to allow: (1) Nationally Board Certified Teachers (NBCTs) serving as mentors, literacy coaches, or in other non-administrative instructional leaderships positions to retain their twelve percent (12%) salary increment; (2) NBCTs, teachers of the year, and other categories of accomplished teachers designated by the State Board to be given academic freedom to use research-based practices in the classroom beyond the standard course of study.

Effective Date: Goal that program would begin in the 2008-09 school year.

Statute: G.S. 115C-296.2

SB 1546 – CLARIFY PUBLIC ACCESS TO PERSONNEL RECORDS (SL 2007-508)

Section 1 of this bill clarifies that the terms of any contract of employment and all salary terms are public record and may be released from the personnel record of a State or local government employee. Salary includes pay, benefits, incentives, bonuses, and deferred and all other forms of compensation paid by the employing entity.

Effective Date: 8/30/07

Statutes: 115C‑320, 115D‑28, G.S. 122C‑158(b), 126‑23, 126‑22, G.S. 153A‑98(b), G.S. 160A‑168(b), G.S. 162A‑6.1(b)

SJR 1573 – ADJOURNMENT RESOLUTION (SL 2007-68)

This bill establishes that the Senate and House of Representatives stand adjourned to reconvene on Tuesday, May 13, 2008, at 12:00 noon.

Effective Date: 8/2/07

2007 Appropriations Act

	FY 07-08		FY 08-09	Recurring R Nonrecurring NR
Public Education

Adjusted Continuation Budget	$7,466,321,736		$7,579,725,190
A. Reductions to Continuation Budget
1. Partnership for Excellence	($37,500)	R	($37,500)	R
2. Replacement School Buses	($4,500,000)	NR
3. High Priority Elementary Schools	($520,067)	R	($520,067)	R
4. Teachers Assistants	($5,459,534)	R	($5,459,534)	R
B. Expansion – Technical Assistance
5. Teaching Fellows	$650,000	R	$1,300,000	R
6. Principals for STEM Schools	$812,500	R	$812,500	R
7. Restructured High Schools	$1,367,254	R	$1,367,254	R
8. Education Value Added Assessment System (EVAAS)	$345,000	R	$345,000	R
C. Expansion – State Public School Fund
9. ABC Bonuses	$70,000,000	NR
10. Class Size Reduction	$37,500,000	NR
11. Disadvantaged Student Supplemental Funding (DSSF)	$17,563,000	R	$17,563,000	R
12. Learn & Earn	$2,445,011 $700,000	R NR	$3,260,015 $30,000	R NR
13. Learn & Earn Online	$6,500,000 $5,000,000	R NR	$10,100,000	R
14. School Connectivity	$12,000,000	R	$12,000,000	R
15. Instructional Supplies/Materials	$2,833,994	R	$2,833,994	R
16. Academically & Intellectually Gifted	$1,750,000	R	$1,750,000	R
17. Children with Disabilities	$5,000,000	R	$5,000,000	R
18. Small County Supplemental Funding	$2,100,000	R	$2,100,000	R
19. Literacy Coaches	$5,704,400	R	$5,704,400	R
20. Regional Military Family Counselors	$240,000	R	$240,000	R
21. Critical Foreign Language Pilots	$500,000	R	$500,000	R
22. Dropout Prevention Grants	$7,000,000	NR
23. Focused Education Reform Pilot Program	$4,423,094	R	$7,176,433	R
24. School Technology Pilot	$3,000,000	NR
25. Low Wealth Counties Supplemental Funding	$5,445,081	NR
26. More at Four	$56,000,000	R	$56,000,000	R
27. DPI Consolidated Assistance Program	$150,000	R	$150,000	R
28. DPI Legacy Computer System Upgrades	$2,000,000	NR	$2,000,000	NR
29. DPI Testing Position	$234,600 3.00	R	$234,600 3.00	R
30. DPI Positive Behavior Support Coordinator	$90,000 1.00	R	$90,000 1.00	R
31. Financial Literacy Curriculum	$500,000	R

Current Information

Legislative Summary

Table of Contents

2007 Summary of Statewide Public Bills

2007 Appropriations Act

2007 Summary of Statewide Bills

HB 1473 – 2007 APPROPRIATIONS ACT (see above)