NCSBA Legislative Update – February 24, 2023

NCSBA Legislative Update – February 24, 2023

 

It was a productive week at the General Assembly, with many education-related bills filed, debated, and voted on by members. Most notably, four local school calendar bills impacting 23 school districts were passed by the House and sent to the Senate for consideration. Despite the overwhelming support for these school calendar bills, Senate Leader Phil Berger, R-Rockingham, was quoted this week saying, “I don’t see where there’s a need to change the calendar law, except maybe to beef up the enforcement mechanisms for local systems that ignore the law.” House Speaker Tim Moore, R-Cleveland, had a slightly different take, saying, “The communities at the beach, where maybe it doesn’t work for them, fine. Let them start (later), give them the flexibility they want. But, for those of us in the other parts of the State where we see a need, let the folks start then.”

School Calendar Bills with Action This Week

The following local school calendar bills passed the House on Wednesday on an 111-2 vote:

  • HB 45: Address Pandemic Learning Loss/Alamance County(primary sponsors: Representatives Dennis Riddell, R-Alamance; Stephen Ross, R-Alamance)
    • Temporarily allows the Alamance-Burlington Board of Education to adjust the school calendar to address pandemic learning loss
  • HB 106: School Calendar Flexibility/Various LEAs(primary sponsors: Representatives Donny Lambeth, R-Forsyth; Kyle Hall, R-Stokes; Jeff Zenger, R-Forsyth)
    • Allows the Winston-Salem/Forsyth County and Stokes County boards of education to open schools no earlier than August 11 and, if the first semester ends prior to December 31, allows the boards to administer assessments prior to the end of that semester
    • Charlotte-Mecklenburg, Davidson County, Guilford County, Jackson County, Lexington City, Swain County, Thomasville City, and Transylvania County boards of education were added to the bill prior to approval by the House Education K-12 Committee on Tuesday
  • HB 115: School Calendar Flexibility(primary sponsor: Representative Mitchell Setzer, R-Catawba)
    • Allows the Catawba County, Newton-Conover City, and Hickory City boards of education to have local control over the school calendar
    • Burke County, Cleveland County, Cumberland County, Davie County, Rutherford County, Wake County, and Yadkin County boards of education were added to the bill prior to approval by the House Education K-12 Committee on Tuesday
    • Anson County Board of Education was added to the bill prior to passage on the House floor
  • HB 129: School Calendar Flexibility/Pitt County(primary sponsors: Representatives Timothy Reeder, R-Pitt; Gloristine Brown, D-Pitt)           
    • Allows the Pitt County Board of Education to open schools no earlier than August 15, unless August 15 falls on a weekend, then the opening date will be either the Friday immediately preceding or the Monday immediately following August 15

The following local school calendar bills were approved by the House Education K-12 Committee on Tuesday and were referred to the House Rules Committee, which is the last stop before going to the House floor for a vote:

  • HB 70: School Calendar Flexibility/Halifax(primary sponsor: Representative Michael Wray, D-Northampton)
    • Allows the Halifax County Board of Education to open schools as early as the Monday closest to August 10
  • HB 111: School Calendar Flexibility/Durham and Person(primary sponsor: Representative Ray Jeffers, D-Person)
    • Allows the Person County and Durham County boards of education to open schools no earlier than August 10 and, if the first semester ends prior to December 31, allows the boards to administer assessments prior to the end of that semester

The following local school calendar bills were filed this week and referred to the House Education K-12 Committee:

  • HB 160: School Cal. Flexibility/Buncombe & Asheville (primary sponsors: Representatives Lindsey Prather, D-Buncombe; Eric Ager, D-Buncombe; Caleb Rudow, D-Buncombe)
    • Allows the Buncombe County and Asheville City boards of education to have local control over the school calendar
  • HB 163: School Calendar Flexibility/Craven Co. (primary sponsor: Representative Steve Tyson, R-Craven)
    • Allows the Craven County Board of Education to open schools no earlier than August 10 and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester
  • HB 176: School Calendar Flexibility/Lee (primary sponsor: Representative John Sauls R-Lee)
    • Allows the Lee County Board of Education to open schools no earlier than August 10 and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester
  • HB 195: School Calendar Flexibility/Roanoke Rapids (primary sponsor: Representative Michael Wray, D-Northampton)
    • Allows the Roanoke Rapids Graded School District Board of Education to have local control over the school calendar and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester

So far during this legislative session, two statewide and fourteen local school calendar bills have been filed. These bills give more control to the local boards of education to create a school calendar that better fits the needs of their students and community. All local school calendar bills filed so far this session affect 38 school districts. Click here for a list of the affected school districts. Click here for a list of these local bills.

House and Senate Joint Education Appropriations Committee Meeting

The House and Senate Education Appropriations Committees held joint meetings on Wednesday and Thursday this week. On Wednesday, the Fiscal Research Division provided an overview of state funding for student financial aid programs and the NC State Education Assistance Authority presented information about K-12 programs. On Thursday, State Superintendent Catherine Truitt presented DPI and the State Board of Education’s (SBE) budget requests for the 2023-25 biennium. A few notable priorities for DPI and SBE include:

  • School performance grade redesign
  • Pay increases for teachers and principals
  • Modifying the school psychologist allotment law

Click here for an article on the DPI/SBE presentation.

DPI Bill to Increase Penalties for Sex Offenses Against Students

HB 142: Protect Our Students Act.-AB (primary sponsors: Representatives John Torbett, R-Gaston; Kristin Baker, R-Cabarrus; Jake Johnson, R-Polk; Keith Kidwell, R-Beaufort) had its first committee hearing this week when the House Education K-12 Committee approved the bill and referred it to the House Judiciary 2 Committee. HB 142 does the following:

  • Increases penalties and modifies definitions for certain sex offenses against students
  • Increases penalties for failure of school administrators to report certain misconduct to the State Board of Education
  • Requires public school units to show 6th – 12th grade students a video produced by DPI’s Center for Safer Schools containing age-appropriate information about sexual abuse, as recommended by DPI
  • Clarifies the forfeiture of retirement benefits for certain felonies

Click here for an official bill summary. Click here for an article on HB 142.

Statewide Education Bills with Action This Week

HB 8: Computer Science Grad Requirement (primary sponsors: Representatives Erin Paré, R-Wake; John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Jon Hardister, R-Guilford) had its second committee hearing this week when the House State Government Committee approved the bill. Originally, the bill dropped one science credit to make room for the new computer science credit. However, the bill was amended this week to drop one elective credit, rather than the science credit. The bill will next be heard by the House Rules Committee and, if passed there, will go to the House floor for a vote. Click here for an official bill summary.

HB 67: Encourage Healthy NC Food in Schools (primary sponsors: Representatives Julia Howard, R-Davie; Mitchell Setzer, R-Catawba; Jimmy Dixon, R-Duplin) had its first committee hearing this week when the House Agriculture Committee approved the bill and referred it to the House Education K-12 Committee. This bill requires 100% muscadine grape juice to be available to K-12 students in public school units as a part of a school’s nutrition program or through the operation of the school’s vending facilities. Click here for an official bill summary.

SB 83: No High Risk Apps/Gov’t Networks & Devices (primary sponsors: Senators Timothy Moffit, R-Henderson; Jim Perry, R-Lenoir; Bobby Hanig, R-Currituck) had its first committee hearing this week when the Senate State and Local Government Committee approved the bill and referred it to the Senate Judiciary Committee. SB 83 prohibits the use of TikTok, Telegram, and WeChat on government-issued devices and during participation in any program or activity funded in whole or in part by State, federal, or local funds. This bill applies to any “employee of the State or of a local political subdivision of the State, or any person contracting with the State or with a local political subdivision of the State.” Click here for an official bill summary.

SB 52: Open Meetings/Administering Organizations (primary sponsors: Senators Vickie Sawyer, R-Iredell; Todd Johnson, R-Union; Tom McInnis, R-Moore) had its first committee hearing this week when the Senate Judiciary Committee approved the bill and referred it to the Senate Rules Committee. SB 52 says that an administering organization of high school interscholastic athletics is subject to the provisions of the open meetings law. Click here for an official bill summary.

Local Education Bill with Action This Week

HB 81: Increase Halifax Co. Bd. of Ed. Compensation (primary sponsor: Representative Michael Wray, D-Northampton) had its first committee hearing this week when the House Local Government Committee approved the bill and referred it to the House Finance Committee. This bill increases the compensation of the chair and members of the Halifax County Board of Education. Click here for an official bill summary.

Bill to Prohibit Certain School Lessons Around Race and Sex

HB 187: Equality In Education (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; David Willis, R-Union; Diane Wheatley, R-Cumberland) was filed on Thursday and mirrors a bill vetoed by Governor Roy Cooper during the 2021 legislative session. HB 187 lists 13 concepts that are prohibited from being promoted in public schools, including:

  • One race or sex is inherently superior to another race or sex
  • An individual, solely by virtue of his or her race or sex, is inherently racist, sexist, or oppressive
  • An individual, solely by virtue or his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex
  • The United States was created by members of a particular race or sex for the purpose of oppressing members of another race of sex

HB 187 also requires public school units to notify DPI and post to their website information about:

  • Instruction regarding the 13 concepts
  • Contracting with, hiring, or otherwise engaging speakers, consultants, diversity trainers, and other persons for the purpose of discussing the 13 concepts

 

The following are additional education-related bills that were filed this week.

Statewide Bills

  • HB 147: Impaired Driving Law Revisions (primary sponsor: Representative Mike Clampitt, R-Swain)
    • Expands conditions that trigger an increased driver’s license restoration fee from when a license is mandatorily revoked under the statutory offense concerning a conviction of driving a school bus, school activity bus, or childcare vehicle after consuming alcohol
  • HB 149: Remote Charter Academies (primary sponsors: Representatives Jeffrey Elmore, R-Wilkes; Jon Hardister, R-Guilford; Erin Pare, R-Wake)
    • Extends the pilot program for the State’s two virtual charter schools from 10 to 11 years, ending the pilot with the 2025-26 school year
      • Authorizes increased student enrollment in each remaining year of the pilot program
      • At the end of the pilot program, allows the two virtual charter schools to apply to the State Board of Education (SBE) for a charter renewal
      • Beginning with the 2023-24 school year, allows new remote charter academy applications and charter modifications to include a remote charter academy to be submitted to SBE for approval
      • The remote charter academy enrollment guidelines, approval process, operational and renewal requirements, and evaluation mirror requirements for LEA remote academies established in SL 2022-59
    • HB 150: School Contracted Health Services (primary sponsors: Representatives John Bradford, R-Mecklenburg; Kristin Baker, R-Cabarrus; Kevin Crutchfield, R-Cabarrus; Carla Cunningham, D-Mecklenburg)
      • Allows children with disabilities who received services prior to enrolling in a LEA the opportunity to continue receiving those services from the same provider while at school, provided the LEA utilizes private providers for that service and if certain criteria are met
    • HB 162: Living Donor Protection Act (primary sponsors: Representatives Phil Shepard, R-Onslow; Marcia Morey, D-Durham; Ken Fontenot, R-Wilson; Diane Wheatley, R-Cumberland)
      • Provides paid leave for State employees, public school employees, and community college employees for organ donation
    • HB 166: American Indians Graduating with Honors Act (primary sponsors: Representatives Jarrod Lowery, R-Robeson; Karl Gillespie, R-Macon; Brenden Jones, R-Columbus; Mike Clampitt, R-Swain)
      • Identical to SB 139: American Indians Graduating with Honors Act (primary sponsors: Senators Danny Britt, R-Robeson; Tom McInnis, R-Moore; Jim Perry, R-Lenoir)
      • Allows American Indian students to wear cultural objects at public school graduation ceremonies
    • HB 172: Sam’s Law (primary sponsor: Representative Keith Kidwell, R-Beaufort)
      • Provides training to students and school personnel on recognizing and responding when a person is having a seizure
    • HB 185: Clarifying Sex Education Time Frame (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Jeff Zenger, R-Forsyth; Diane Wheatley, R-Cumberland)
      • Prohibits sex education before seventh grade
      • Requires LEAs to get parental consent before a student receives sex education
    • HB 188: Standards of Student Conduct (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; David Willis, R-Union; Diane Wheatley, R-Cumberland)
      • Requires LEAs to use best practices in developing discipline policies that do not discriminate against students on the basis of race, ethnicity, national origin, gender, or disability
      • Requires LEAs to include in their discipline policies measures that will be taken to support a student during suspension, including mitigating learning loss
    • HB 202: Workforce Development Act of 2023 (primary sponsor Representative Ben Moss R-Richmond)
      • Provides funding for DPI to establish the High School To Work pilot grant program, which creates opportunities for high school students to connect with local businesses to develop skills and contacts for future jobs
    • HB 206: Increase Dropout Age/Completion Indicator (primary sponsors: Representatives Jeffrey Elmore, R-Wilkes; Ashton Clemmons, D-Guilford; Donny Lambeth, R-Forsyth; Mitchell Setzer, R-Catawba)
      • Incrementally increases the dropout age from 16 to 18 years over a five-year period
      • Clarifies that parents and guardians must send children to school while school is in session, unless the child graduates high school first

Local Bills

 

The following is the Consortium of State School Boards Association’s (COSSBA) most recent federal education report.

February 20, 2023, Weekly Report

Headlines for this edition include:

 

The following are recent news articles, reports, and press releases on state and national education-related issues.

State News

National News

 

Tuesday, February 28

8:00 am – Joint meeting of the House and Senate education appropriations committees – Legislative Offices Building, rm 423 (livestream)

10:00 am – House Local Government Committee – Legislative Building, rm 1228/1327  (livestream)

1:00 pm – House Education K-12 Committee – Legislative Offices Building, rm 643 (livestream)

Wednesday March 1 

8:00 am – Joint meeting of the House and Senate education appropriations committees – Legislative Offices Building, rm 423 (livestream)

 

 

 

If your school board is planning to have a function with your legislative delegation, we would be happy for a member of the NCSBA Governmental Relations team to attend. Just let us know! Also, if your school board adopts its own legislative agenda, please forward it to rhoward@ncsba.org.

 

 

 

Bruce Mildwurf
Director of Governmental Relations
NC School Boards Association
bmildwurf@ncsba.org

Rebekah Howard
Advocacy Coordinator
NC School Boards Association
rhoward@ncsba.org

Madison Skeens
Assistant Director of Governmental Relations
N.C. School Boards Association
mskeens@ncsba.org

Rob Black
Assistant Director of Governmental Relations
N.C. School Boards Association
rblack@ncsba.org

 

North Carolina School Boards AssociationNCSBA Legislative Update – February 24, 2023