NCSBA Legislative Update – March 10, 2023

NCSBA Legislative Update – March 10, 2023

by North Carolina School Boards Association last updated on March 14, 2023

 

NCSBA Fights Back Against Charter School Bill that Will Take Millions from LEAs
Following the filing of HB 219: Charter School Omnibus last week, efforts to protect local school district funding were in full swing at the General Assembly this week. NCSBA’s Governmental Relations team had several meetings with legislators of both parties to raise awareness of the numerous issues with the bill. In collaboration with the NC Association of School Administrators, NCSBA produced a fact sheet listing the categories of school district funding that the bill requires to be shared with charter schools.

HB 219 was referred to the House Rules Committee after it was filed, but a committee hearing has not yet been scheduled. Efforts to raise awareness about the harms of the bill are ongoing. Stay tuned for what your school district can do to help!

Budget Talk

This week, House Speaker Tim Moore, R-Cleveland, and Senate Leader Phil Berger, R-Rockingham, announced they have reached a spending agreement for the 2023-25 State budget. For the 2023-24 fiscal year, spending will increase by 6.5%, and for the 2024-25 fiscal year, spending will increase by another 3.75%. According to a news source, Senator Berger’s office confirmed this means approximately a $29.7 billion budget for 2023-24 and a $30.8 billion budget for 2024-25.

These spending agreements are less than the revenue projections released last month in the 2023 State Revenue Forecast, which are $33.7 billion for 2023-24 and $33.6 billion for 2024-25. Before we see the first version of the State budget, which Speaker Moore says he expects to be released in April, the Governor will release his budget recommendations. The Governor highlighted some of his education budget priorities during his State of the State address, which you can read more about below.

State of the State

On Monday, Governor Roy Cooper gave his biannual State of the State address. When addressing education, Cooper stated, “We know that a sound, basic education, as required by our state constitution, calls for qualified teachers in every classroom, skilled principals in every school, excellent counselors, and the funding to support every student from every walk of life.”

He went on to highlight the Leandro case. “The education investments ordered by the Court are the right thing to do not only for our children, but our parents, our workforce, and our businesses…The budget I will present to you invests in the entire education plan ordered by the court. It gives teachers and principals double digit raises, it keeps the buses running, it helps kids with special needs, it keeps schools safe, it does not raise taxes, and it balances the budget.” It is important to note that on Friday, March 3, the State Supreme Court blocked the transfer of funds to comply with years two and three of the Leandro Comprehensive Remedial Plan. See more about this under the “Leandro Update” section.

Cooper also indirectly commented on the Parents’ Bill of Rights, stating we should “use public schools to build a brighter future, not to bully and marginalize LGBTQ students.” Click here to read the Governor’s full speech.

Lieutenant Governor Mark Robinson delivered the Republican response to Cooper’s State of the State. On education, Robinson said, “Teachers have one of the most important jobs in our society. We must hold them to professional standards, and we must pay them as the professionals they are. We need to quit asking them to be police officers, social workers, and parents. Their job is to teach, plain and simple. And what should they be teaching our students? They should be teaching our students how to think – not what to think – ensuring that personal or political ideologies stay out of the classroom and that we get back to the basics of reading, writing and arithmetic.”

Click here for an article on both speeches, which includes a recording of each.

School Calendar Bills with Action This Week

The following statewide school calendar bill and local school calendar bill both passed the House and were sent to the Senate:

  • HB 86: School Calendar Flex/Statewide (primary sponsors: Representatives Neal Jackson, R-Moore: Brian Biggs, R-Randolph; Sarah Stevens, R-Surry; Donnie Loftis, R-Gaston)
    • Allows local school boards to open schools as early as the Monday closest to 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
  • HB 239: School Calendar Flexibility/Johnston Co. (primary sponsors: Representatives Larry Strickland, R-Johnston; Donna White, R-Johnston; Howard Penny, R-Harnett)
    • Allows the Johnston 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

The following local school calendar bill was approved by the House Education K-12 Committee and referred to the House Rules Committee:

  • 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

The following local school calendar bills were filed this week:

  • HB 306: School Calendar Flexibility/Granville & Vance (primary sponsor: Representative Frank Sossamon, R-Granville)
    • Allows the Granville County and Vance County boards of education to open schools no earlier than August 1 and, if the first semester ends prior to December 31, allows the boards to administer assessments prior to the end of that semester
  • SB 229: School Calendar Flexibility/Charlotte-Meck (primary sponsors: Senators Natasha Marcus, D-Mecklenburg; Rachel Hunt, D-Mecklenburg; Deandra Salvador, D-Mecklenburg)
    • Allows the Charlotte-Mecklenburg Board of Education to have local control over the school calendar and allows first semester exams to be given before winter break
  • SB 266: School Calendar Flexibility/Chatham (primary sponsor: Senator Natalie Murdock, D-Durham)
    • Allows the Chatham 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
  • SB 278: School Calendar Flexibility/Durham (primary sponsors: Senators Natalie Murdock, D-Durham; Mike Woodward, D-Durham)
    • Allows the Durham 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

Overall, two statewide and 23 local school calendar bills have been filed during this legislative session. These bills give more control to local boards of education to create a school calendar that better fits the needs of their students and community. All local school calendar bills that have been filed affect 51 school districts. Click here for a list of the affected school districts. Click here for a list of these school calendar bills.

Statewide Education Bills that Passed the House

On Wednesday, 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) passed the House on a 115-2 vote. This bill requires completion of a computer science course for graduation from high school. To maintain the current amount of required graduation credits, HB 8 decreases the number of elective credits by one. Click here for an official bill summary.

On Wednesday, HB 149: Remote Charter Academies (primary sponsors: Representatives Jeffrey Elmore, R-Wilkes; Jon Hardister, R-Guilford; Erin Pare, R-Wake) passed the House on a 70-43 vote. HB 149 does the following:

  • 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 local school district remote academies established in SL 2022-59. Much of the pushback from Democrats on HB 149 came from extending the virtual charter school pilot program and increasing those schools’ enrollment because of their continuously low-performing status. Republicans argued that there are many low-performing schools across the State, but these two virtual charter schools provide parents with a choice regarding their child’s education. Click here for an official bill summary. Click here for an article on the bill.

On Tuesday, HB 136: Arts High School Diploma Endorsement (primary sponsors: Representatives Jeffrey Elmore, R-Wilkes; Kyle Hall, R-Stokes; Becky Carney, D-Mecklenburg) unanimously passed the House and was sent to the Senate. This bill requires the SBE to create an arts proficiency high school diploma endorsement. Click here for an official bill summary.

Statewide Education Bill that Passed the Senate

On Tuesday, SB 52: Open Meetings/Administering Organizations (primary sponsors: Senators Vickie Sawyer, R-Iredell; Todd Johnson, R-Union; Tom McInnis, R-Moore) passed the Senate on a 47-1 vote. Prior to Senate approval, an amendment was adopted that grants the State Superintendent the final authority for high school interscholastic athletic eligibility appeals. Additionally, this bill requires an administering organization of high school interscholastic athletics to comply with the provisions of the open meetings law. Click here for an article on the issue related to the approved amendment. On Wednesday, SB 52 was approved by the House Rules Committee and has been referred to the House Education K-12 Committee. Click here for an official bill summary.

Statewide Education Bills Approved by Committee

On Wednesday, 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 second committee hearing when the House Judiciary 1 Committee approved the bill and referred to the House Pensions and Retirement Committee. HB 142 is an agency bill supported by DPI and the State Superintendent. The bill does the following:

  • Increases penalties for failure of school administrators to report certain misconduct to the State Board of Education
  • Increases penalties and modifies definitions for certain sex offenses against students
  • 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.

On Tuesday, 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 second committee hearing when the Senate Judiciary Committee approved the bill and referred it to the Senate Rules Committee. SB 83 prohibits the use of TikTok, Telegram, and WeChat on government-issued devices. This bill applies to “any employee, elected official, or appointee of a public agency.” Click here for an official bill summary.

Local Education Bills that Became Session Law

The following bills passed the Senate on voice votes and became session law:

Local Education Bills that Passed the House

The following bills passed the House and have been sent to the Senate:

  • HB 66: Catawba/Newton-Conover/Hickory Bd of Ed Elect(primary sponsors: Representatives Jay Adams, R-Catawba; Mitchell Setzer, R-Catawba)
    • Passed on a voice vote
    • Changes the method of election for the Catawba County, Hickory City, and Newton-Conover City boards of education from nonpartisan to partisan
    • Click here for an official bill summary
  • HB 81: Increase Halifax Co. Bd. of Ed. Compensation(primary sponsor: Representative Michael Wray, D-Northampton)
    • Passed on a 110-6 vote
    • Increases the compensation of the chair and members of the Halifax County Board of Education
    • Click herefor an official bill summary
  • HB 174: W-S/Forsyth Bd. or Ed./Rural Hall Even-Year (primary sponsor: Representative Donny Lambeth, R-Forsyth)
    • Passed on a voice vote
    • Staggers the terms of office for members elected to the Winston-Salem/Forsyth Board of Education
    • Click here for an official bill summary
  • HB 179: Pamlico Board of Education Partisan (primary sponsor: Representative Keith Kidwell, R-Beaufort)
    • Passed on a voice vote
    • Changes the election of the Pamlico County Board of Education from nonpartisan to partisan
    • Click here for an official bill summary

Local Education Bill that Passed the Senate

On Wednesday, HB 88: Omnibus Local Elections (primary sponsors: Representatives Jon Hardister, R-Guilford; John Faircloth, R-Guilford) passed the Senate on a 27-18 party-line vote and was sent back to the House for a concurrence vote. This bill clarifies the filling of vacancies on the Guilford County Board of Education and makes elections partisan for the Ashe County, Cabarrus County, Henderson County, McDowell County, and Mitchell County boards of education. The changes to partisan elections were added during a Senate committee hearing, which is why HB 88 must receive a concurrence vote in the House prior to becoming session law. The party-line vote is believed to be because of the changes to partisan elections. Click here for an official bill summary.

Bill to Require Administrator Ethics Training

HB 314: Public School Ethics Training (primary sponsors: Representative Howard Penny, R-Harnett; Diane Wheatley, R-Cumberland; Donna White, R-Johnston; Joseph Pike, R-Harnett) was filed on Wednesday. This bill requires all employees of a local school district who are involved in the making or administering of contracts to receive a minimum of two hours of ethics training within 90 days of employment and continuous training in every odd-numbered year thereafter. This issue is included in NCSBA’s 2023-24 Legislative Agenda, and you can read more about in NCSBA’s Administrator Ethics Training Issue Brief.

Bills to Require and Fund a Nurse in Every School

Two bills were filed this week – one in the House and one in the Senate – that require at least one school nurse in every school in a public-school unit beginning in the 2023-24 school year and appropriates additional funds to meet that requirement.

It is important to note that these are bi-partisan sponsored bills that include a chair of the House Appropriations Committee, a chair of the Senate Appropriations Committee, and chairs of the Senate Education/Higher Education Appropriations Committee. Additionally, this is an issue included in NCSBA’s 2023-24 Legislative Agenda.

 

Last Friday, March 3, the State Supreme Court blocked the transfer of funds to comply with years two and three of the Leandro Comprehensive Remedial Plan. On November 4, 2022, the then Democratic majority Supreme Court ruled that certain State officials, including the State Controller, must transfer those funds. Following the 2022 general election, the Supreme Court now has a Republican majority. Included in the Supreme Court’s March 3rd order is the State Controller’s concern that “there are many issues presented in this case that were left unaddressed in the Court’s earlier opinion…” Supreme Court Justice Anita Earls dissented in the ruling, saying, “Today’s order abandons the concepts of respect for precedent, law of the case, stare decisis, and the rule of law all in the name of preventing the State from complying with its constitutional duty to provide a sound basic education to the children of this state.” Click here for an article on the Supreme Court’s order.

 

Bill to Prohibit Certain School Lessons Around Race and Sex

On Tuesday, March 14, at 1:00 pm the House Education K-12 Committee is scheduled to hear HB 187: Equality In Education (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; David Willis, R-Union; Diane Wheatley, R-Cumberland). HB 187 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

Click here for a livestream of Tuesday’s meeting.

 

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

Statewide Bills

  • HB 280: Teacher Licensure/Retired Educator Program (primary sponsors: Representatives Jeffrey Elmore, R-Wilkes; Ashton Clemmons, D-Guilford; Charles Miller, R-Brunswick)
    • Identical to SB 187
    • Makes changes to teacher licensure requirements
    • Revives and expands the program to allow retired educators to return to work in high-need schools
  • HB 282: Trade Schools Study (primary sponsors: Representatives Matthew Winslow, R-Franklin; Dean Arp, R-Union; Jon Hardister, R-Guilford; Jeff Zenger, R-Forsyth)
    • Compiles information regarding the trades workforce and future training, including the current options for high school students to become workers practicing trades
  • HB 291: NC New Teacher Support Program Funds (primary sponsors: Representatives Cynthia Ball, D-Wake; Mark Brody, R-Union; Edward Goodwin, R-Chowan; Garland Pierce, D-Scotland)
    • Appropriates funds to support teachers participating in the North Carolina New Teacher Support Program
  • HB 292: Math That Counts (primary sponsors: Representatives Jeffrey Elmore, R-Wilkes; Jon Hardister, R-Guilford; Tricia Cotham, D-Mecklenburg)
    • Aims to improve grade level proficiency in math by requiring high-quality math instruction, Mathematics Success Plans for certain students, and class size limits for fourth and fifth grades
  • HB 330: School Athletic Eligibility Appeals to SI (primary sponsor: Representative Phil Shepard, R-Onslow)
    • Allows a State Board of Education appeal panel decision on athletic eligibility to be appealed to the State Superintendent
  • HB 333: Restore State Employee/Teacher Retiree Medical Benefit (primary sponsors: Representatives Sarah Crawford, D-Wake; Rosa Gill, D-Wake; Robert Reives, D-Chatham)
    • Prevents the elimination of retiree medical benefits for members first earning service under the Teachers’ and State Employees’ Retirement System
  • SB 202: Restore Master’s Pay for Certain Educators (primary sponsor: Senator Danny Britt, R-Robeson)
    • Reinstates education-based salary supplements for teachers who spend at least 70% of their work time in classroom instruction related to their graduate degree
  • SB 222: Charter Approval Process (primary sponsors: Senators Todd Johnson, R-Union; Jim Perry, R-Lenoir; Michael Lazzara, R-Onslow)
    • Establishes criteria for approval of charter school applications
  • SB 230: Approve American Leadership Academy Charter (primary sponsors: Senators Todd Johnson, R-Union; David Craven, R-Randolph)
    • Directs the State Board of Education (SBE) to approve the charter school application submitted by American Leadership Academy – Monroe
    • The filing of this bill follows two SBE votes to not approve this charter school
  • SB 254: Government Transparency Act of 2023 (primary sponsors: Senators Norman Sanderson, R-Pamlico; Bill Rabon, R-Brunswick; Graig Meyer, D-Orange)
    • Identical to HB 64 from the 2021 session
    • Requires local boards of education (as well as counties, municipalities, community colleges, State agencies, etc.) to not only maintain the date and general description of the reasons for each promotion (which is current law), but also for each demotion, transfer, suspension, separation, or dismissal
    • An employee can appeal to not have the date and description of their promotion, demotion, etc. disclosed if the information is protected by an applicable confidentiality law, like the Health Insurance Portability and Accountability Act (HIPAA) or the American with Disabilities Act

Local Bills

  • HB 308: Alexander Co. Bd. of Ed. Referendum (primary sponsor: Representative Jeffrey Elmore, R-Wilkes)
    • Identical to SB 233 (primary sponsor: Senator Eddie Settle, R-Wilkes)
    • Requires Alexander County to conduct a referendum on whether to change the election method for the Alexander Board of education from nonpartisan to partisan
  • SB 198: Even Year Election/Mooresville /Graded School District (primary sponsor: Senator Vickie Sawyer, R-Iredell)
    • Changes elections for the Mooresville Graded School District from odd-numbered years to even-numbered years
  • SB 216: Muddy Sneakers (primary sponsors: Senators Kevin Corbin, R-Macon; Ted Alexander, R-Cleveland)
    • Identical to HB 256
    • Appropriates $500,000 in recurring funds to Muddy Sneakers, Inc., an outdoor learning program for fifth-graders
  • SB 219: Camera Enforcement for Speeding in School (primary sponsors: Senators Gladys Robinson, D-Guilford; Michael Garrett, D-Guilford)
    • Authorizes the City of Greensboro to establish a pilot program to use electronic speed-measuring systems in school zones
  • SB 248: Change No. of Members on Nash Co. Bd. of Ed. (primary sponsors: Senators Lisa Barnes, R-Nash; Buck Newton, R-Wilson)
    • Changes the number of members on the Nash County Board of Education from 11 to seven and aligns the districts of the Board with the districts of Nash County Commissioners
  • SB 279: Allow Durham Co/Provide Employee Housing (primary sponsors: Senators Natalie Murdock, D-Durham; Mike Woodward, D-Durham)
    • Authorizes the Durham Public Schools Board of Education and Durham County to provide affordable rental housing for teachers, police officers, first responders, and other employees of Durham Public Schools and Durham County
  • SB 286: Make Pamlico Board of Education Partisan (primary sponsor: Senator Norm Sanderson, R-Pamlico)
    • Changes the election for the Pamlico County Board of Education from nonpartisan to partisan

 

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

March 6, 2023, Weekly Report

Headlines for this edition include:

  • US House to End Community Funding Requests in Education Budget for the 2024 fiscal year
  • Congressional Republicans Introduce Parents’ Bill of Rights. The proposed legislation includes provisions such as
    • School districts must publicly post their curricula
    • Teachers must offer parents two in-person meetings per year
    • Parents must be provided with a list of library books

 

On Thursday, the Biden Administration released the President’s 2023-24 fiscal year budget proposal. The $6.8 trillion budget marks the starting point of negotiations with Congress who is expected to release a much different budget proposal. Education highlights in the Biden budget proposal include:

  • $20.5 billion for Title I schools
  • Title I is a federal education program that supports low income students throughout the nation. Funds are distributed to high poverty schools, as determined by the number of students who qualify for free or reduced lunch. The funds can be used to hire additional teachers or teaching assistants; to provide computers or software; to fund before, after, and summer school programs; and to purchase additional materials or equipment.
  • $16.8 billion for the Individuals with Disabilities Education Act (IDEA)
  • IDEA grants support special education services for more than 7 million students with disabilities in grades Pre-K through 12. This amount reflects an increase of $2.1 billion over the 2023 enacted level.
  • $13.1 billion for Head Start
  • Head Start helps to provide education for young children before they enter kindergarten.

 

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

State News

National News

 

Tuesday, March 14

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

 

 

 

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 – March 10, 2023