NCSBA Legislative Update – March 24, 2023

NCSBA Legislative Update – March 24, 2023

 

Efforts to combat HB 219: Charter School Omnibus continued this week. We have drafted a resolution in opposition to HB 219 for your board to utilize and tailor to your specific district. As a reminder, we sent a fact sheet last week that includes talking points and background information to guide your communication with House members.

House budget writers spent many hours finalizing their proposed State budget this week, which is expected to be shared with the public next week. Education bills continued to be filed, including two bills that significantly impact the State’s voucher program – HB 420: Expand & Consolidate K-12 Scholarships and SB 368: Enabling Opportunity Scholarship Reporting. Read more about these voucher bills, other education bills with action this week, and the State budget below.

House Budget Expected Next Week

According to media reports, House Speaker Tim Moore said the House’s first draft of the State budget will be released next Wednesday, March 29. During this Wednesday’s House session, Representative Donny Lambeth, R-Forsyth, told fellow lawmakers the budget should be voted out of the House before Easter, prior to both chambers taking a weeklong break starting on April 10. Following the House’s passage of the budget, the Senate will create its own budget, and then legislative leaders will collaborate with the goal of coming to a budget compromise by mid-June.

While House and Senate leaders previously agreed on spending amounts, $29.7 billion for 2023-24 (6.5% increase) and $30.8 billion for 2024-25 (additional 3.75% increase), Speaker Moore said they have not reached an agreement on salary increases. Moore did not say what raises will be included in the House budget but did say the House is taking “a responsible approach to giving pay raises that we know are very much needed and that we can afford to do.”

Two Voucher Bills to Watch

HB 420: Expand & Consolidate K-12 Scholarships (primary sponsors: Representatives Donnie Loftis, R-Gaston; David Willis, R-Union; John Bradford, R-Mecklenburg) was filed on Tuesday. The following are highlights of this 13-page bills:

  • Consolidates the Personal Education Student Accounts (PESA) and the Opportunity Scholarship Program in the 2026-27 school year
    • Students in the program will receive 100% of the state per-pupil allocation based on average daily membership (ADM) for the previous year
  • Currently, PESA is funded at $48 million for the 2023-24 fiscal year
    • Annual funding continues to increase before and after consolidation of the two programs, reaching $1.5 billion by the 2032-33 fiscal year
  • Expands eligibility for PESA by opening the program beyond disabled students to any North Carolina student
  • PESA funding is based on varying percentages of ADM from the previous fiscal year
    • Home school students are eligible for up to 28%
    • All other nonpublic school students are eligible for up to 33% funding, which will increase to up to 66% in the 2025-26 school year
  • Eliminates the Opportunity Scholarship grant fund reserve by the 2026-27 fiscal year and reverts those monies to the General Fund

SB 368: Enabling Opportunity Scholarship Reporting (primary sponsors: Senators Graig Meyer, D-Orange, Jay Chaudhuri, D-Wake; Dan Blue, D-Wake) was filed on Thursday. This bill requires the administration of a common exam to a sample of certain nonpublic and public students for the purposes of enabling opportunity scholarship grant program reporting and provides funds for this evaluation. This bill supports an item on NCSBA’s 2023-24 Legislative Agenda, and you can read more about the issue in our Opportunity Scholarship Issue Brief.

Education Bills that Passed the House

Statewide Bills

On Wednesday, the following two bills passed the House and were sent to the Senate.

  • HB 187: Equality in Education (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; David Willis, R-Union; Diane Wheatley, R-Cumberland)
    • Passed 68-49, with no Democratic support, meaning it is one vote short of a guaranteed veto override
    • Almost identical to a 2021 billvetoed by Governor Cooper
    • 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 of 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
    • Requires public school units (PSUs) 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
    • Lists examples of what the 13 concepts and the PSU requirements do NOT apply to, including:
      • Speech protected by the First Amendment
      • Materials or supplemental instruction that include impartial discussion of controversial aspects of history and impartial instruction on historical oppression of particular groups of people
      • Materials accessed on an individual basis for research or independent study that advocate one or more of the 13 concepts
    • Click herefor an official bill summary
  • HB 282: Trade Schools Study(primary sponsors: Representatives Matthew Winslow, R-Franklin; Dean Arp, R-Union; Jon Hardister, R-Guilford; Jeff Zenger, R-Forsyth)
    • Passed 115-0
    • Compiles information regarding the trades workforce and future training, including the current options for high school students to become workers practicing trades
    • Click here for an official bill summary

Local Bill

On Wednesday, HB 308: Alexander Co. Bd. of Ed. Referendum (primary sponsor: Representative Jeffrey Elmore, R-Wilkes) passed the House on a voice vote. This bill requires Alexander County to conduct a referendum on whether to change the election method for the Alexander Board of Education from nonpartisan to partisan. Click here for an official bill summary.

Education Bills that Passed the Senate

On Tuesday, the following two bills unanimously passed the Senate and were sent to the House.

  • 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)
    • Prohibits the use of TikTok, Telegram, and WeChat on government-issued devices.
    • Applies to “any employee, elected official, or appointee of a public agency”
    • Click herefor an official bill summary
  • SB 187: Teacher Licensure Changes(primary sponsors: Senators Tom McInnis, R-Moore; Todd Johnson, R-Union; Lisa Barnes, R-Nash)
    • Makes limited teacher licenses renewable if certain criteria are met, including proof of teacher effectiveness by meeting or exceeding expected growth according to the Education Value-Added Assessment System (EVAAS)
    • Encourages a teacher with a limited license to continue to pursue a continuing professional license (CPL)
    • Click herefor an official bill summary

Education Bill Sent to the Governor

On Tuesday, HB 11: Schools for the Deaf and Blind (primary sponsors: Representatives Hugh Blackwell, R-Burke; Ken Fontenot, R-Wilson; Erin Pare, R-Wake; Dianne Wheatley, R-Cumberland) passed the Senate on a 29-17 vote and was sent to the Governor. This bill does the following:

  • Establishes local boards of trustees to govern each of the State’s schools for the deaf or blind, taking away the State Board of Education’s authority as the sole governing agency and DPI’s administrative responsibilities and oversight of these schools
  • Upon request, for any prospective student the local superintendent is required to share current evaluation data and the current or proposed individualized education plan for that student
  • Allows these boards of trustees to collaborate with local boards of education in the development of rules, curriculum, and other matters

Click here for an official bill summary.

Education Bills Approved by Senate Committees

On Tuesday, SB 90: Searches of Student’s Person (primary sponsors: Senators Michael Lazzara, R-Onslow; Amy Galey, R-Alamance; Vicki Sawyer, R-Iredell) had its third committee hearing when it was approved by the Senate Rules Committee. SB 90 does the following.

  • Requires public school units to adopt a policy on school officials searching students consistent with State and federal law
  • Requires ALL searches to be conducted in private by one school official and one adult witness who are the same sex as the student being searched, including searches of backpacks, vehicles, etc.
    • All searches include instances when students are going through metal detectors

NCSBA will continue to work with the bill sponsors to improve SB 90. The next stop for SB 90 is the Senate floor where NCSBA anticipates the bill will be amended. Click here for an official bill summary.

Education Bills Approved by House Committees

On Tuesday, the following three bills were approved by the House Pensions and Retirement Committee.

  • 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) is an agency bill supported by DPI and the State Superintendent that 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
    • Defines conduct directly related to the office or employment as it pertains to the forfeiture of retirement benefits
    • Click herefor an official bill summary
    • Referred to the House Rules Committee, which will be HB 142’s fourth committee hearing
  • HB 201: DST Admin Changes.-AB (primary sponsor: Representative Carson Smith, R-Pender)
    • Makes administrative and conforming changes to the laws governing the Teachers’ and State Employees’ Retirement System (TSERS) and other related statutes, as recommended by the Department of the State Treasurer
    • Click here for an official bill summary
    • Referred to the House State Government Committee
  • HB 203: DST Technical Corrections.-AB (primary sponsors: Representatives Diane Wheatley, R-Cumberland; Carson Smith, R-Pender)
    • Makes technical corrections and other conforming and clarifying changes to the laws governing TSERS and other related statutes, as recommended by the Department of the State Treasurer
    • Click here for an official bill summary
    • Referred to the House State Government Committee

On Wednesday, 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) had its second committee hearing when it was approved by the House Judiciary 1 Committee. HB 188 is similar to a 2021 bill that passed the House but was not taken up by the Senate. HB 188 does the following:

  • 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
  • Deletes language that gives examples of conduct not deemed to be a serious violation

HB 188 was referred to the House Rules Committee. Click here for an official bill summary.

On Tuesday, HB 98: Medical Freedom Act (primary sponsors: Representatives Brian Biggs, R-Randolph; Jon Hardister, R-Guilford; Neal Jackson, R-Moore; Donny Lambeth, R-Forsyth) had its first committee hearing when it was modified and approved by the House Health Committee. HB 98 does the following:

  • Prohibits public school units (PSUs), community colleges, and UNC system institutions from requiring a student to provide proof of COVID-19 vaccination or to submit to a COVID-19 vaccination unless it is required for participating in a program of study or fulfilling education requirements in a facility certified by the Centers for Medicare and Medicaid Services (CMS)
  • Prohibits State agencies, local governments, and political subdivisions of the State from discriminating against persons based on their refusal to provide proof of a COVID-19 vaccination or to submit to a COVID-19 vaccination unless it is required as a condition necessary to receive federal funding, is a federal requirement of CMS, or is required by the Department of Health and Human Services Division of State Operated Healthcare Facilities

The following was removed from HB 98 prior to being approved by the Committee:

  • Prohibits PSUs from (i) adopting policies gregarding the use of face coverings and (ii) quarantining healthy students
    • States that if a PSU violates this section, the student who is subject to the violation or the student’s parent may bring a civil action against the governing body of the PSU

HB 98 is scheduled to be heard in the House Judiciary 1 Committee meeting next Wednesday, March 29, at 12:00 pm (livestream). Click here for an official bill summary.

On Tuesday, HB 205: Transparent Governance & Integrity Act.-AB (primary sponsors: Representatives Howard Penny, R-Harnett; Matthew Winslow, R-Franklin; Jennifer Balkcom, R-Henderson) had its first committee hearing when it was modified and approved by the House Local Government Committee. This bill mandates financial management education for certain local government officials and makes changes to various local government finance laws. HB 205 was referred to the House Finance Committee. Click here for an official bill summary.

On Thursday, HB 134: SHP Claims Administrator Changes.-AB (primary sponsor: Representative Edward Goodwin, R-Chowan) was approved by the House State Personnel Committee and referred to the House Health Committee. This bill allows the State Health Plan for Teachers and State Employees to access and utilize its own claims payment data while continuing to protect the confidentiality of the information, as recommended by the Department of the State Treasurer. Click here for an official bill summary.

School Calendar Bills

Two statewide and 23 local school calendar bills have been filed during this legislative session. There will be no more local calendar bills filed this session because the local bill filing deadline for the Senate was March 9, and the local bill filing deadline for the House was yesterday, March 23. HB 306: School Calendar Flexibility/Granville & Vance is scheduled to be heard in the House Education K-12 Committee next Tuesday, March 28, at 1:00 pm (livestream). All local school calendar bills that were filed affect 54 school districts – nearly half the school districts in the State. Click here for a list of the affected school districts. Click here for a list of these school calendar bills.

 

The local bill filing deadline for the Senate was March 9, and the local bill filing deadline for the House was yesterday, March 23. The public/statewide bill filing deadline for the Senate is April 4, and the public/statewide bill filing deadline for the House is April 18 (House appropriations and finance bills must be filed by April 25).

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

Statewide Bills

  • HB 430: Governor’s Budget (primary sponsors: Representatives Donny Lambeth, R-Forsyth; Jason Saine, R-Lincoln; Dean Arp, R-Union)
  • HB 432: Principal Licensure Changes (primary sponsors: Representatives David Willis, R-Union; Hugh Blackwell, R-Burke; Tricia Cotham, D-Mecklenburg; John Torbett, R-Gaston)
    • As recommended by DPI, updates principal licensure requirements, develops a portfolio assessment, and studies methods to improve principal preparation and licensure processes
  • HB 439: RBG Act (primary sponsors: Representatives Julie von Haefen, D-Wake; Deb Butler, D-New Hanover; Lindsey Prather, D-Buncombe; Maria Cervania, D-Wake)
    • Identical to SB 353 (primary sponsors: Senators Natasha Marcus, D-Mecklenburg; Natalie Murdock, D-Durham; Jay Chaudhuri, D-Wake)
    • Removes statutory language (pertaining to the State Health Plan for Teachers and State employees) that bars coverage for abortions for which state funds cannot be used
  • SB 347: Revise, Study, and Fund LEP Allotment (primary sponsors: Senators Graig Meyer, D-Orange; Natalie Murdock, D-Durham; Natasha Marcus, D-Mecklenburg)
    • Revises the students with limited English proficiency (LEP) allotment
    • Requires the State Board of Education to study the students with LEP allotment
    • Appropriates funds to the students with LEP allotment
  • SB 348: Extended-Year Teacher Contracts (primary sponsors: Senators Graig Meyer, D-Orange; Gladys Robinson, D-Guilford; Natalie Murdock, D-Durham)
    • Provides for extended-year contracts for initially licensed teachers, mentor teachers, teachers in low-performing schools, and certain veteran teachers
  • SB 349: Whiz Kids/Slow Pokes Voter Registration (primary sponsors: Senators Graig Meyer, D-Orange; Kandie Smith, D-Pitt)
    • Engages overachieving teenagers in voting by recodifying the program to preregister individuals 16 and 17 years old
    • Encourages DPI to improve outreach to high school students on voter registration and preregistration programs
  • SB 351: Statewide Year-Round School Study (primary sponsor: Senator Jim Burgin, R-Harnett)
    • Directs DPI to study the feasibility and potential outcomes of a statewide year-round school calendar
  • SB 366: Ban Delta 8 & Delta 9 On School Grounds (primary sponsors: Senators Michael Lazzara, R-Onslow; Jim Perry, R-Lenoir; Tom McInnis, R-Moore)
    • Mandates public school units to adopt policies banning the use of hemp products at all times on any public school property

Local Bills

  • HB 452: Franklin Co. Bd. of Ed. Elect. to Nov. (primary sponsor: Representative Matthew Winslow, R-Franklin)
    • Changes the date of the nonpartisan Franklin County Board of Education election to November
  • HB 457: Union/Mecklenburg County Boundary (primary sponsors: Representatives Dean Arp, R-Union; Tricia Cotham, D-Mecklenburg; David Willis, R-Union; Mark Brody, R-Union)
    • Enables the transition of properties along the common boundary between Mecklenburg County and Union County
    • Requires local boards of education to ensure a transition that provides students with a choice to remain in their current school system until graduation from high school if they reside in an affected residence
    • Provides the counties’ elected and appointed officials and employees immunity from liability – under any local or State statute, law, ordinance, rule, or regulation – for any act or failure to act relating to school attendance or any other governmental function as it relates to the currently used boundary line of Union County and Mecklenburg County
  • HB 468: Camera Enforcement of Greensboro School Zones (primary sponsors: Representatives Ashton Clemmons, D-Guilford; Jon Hardister, R-Guilford; John Faircloth, R-Guilford; Amos Quick, D-Guilford)
    • Authorizes the city of Greensboro to establish a pilot program for the use of electronic speed-measuring systems to detect speed limit violations in school zones

 

As we covered in last Friday’s Legislative Update, Superior Court Judge James Ammons held a hearing on March 17, during which parties in the case agreed that $677 million remains to be appropriated for years two and three of the Leandro Comprehensive Remedial Plan. The attorney representing legislative intervenors, House Speaker Tim Moore and Senate Leader Phil Berger, claimed the remaining appropriation is actually $377 million. Click here for an article on the hearing, which includes more about the arguments and links to additional resources.

 

In the January 27 Legislative Update, we included information about arguments heard by the Supreme Court in Perez vs. Sturgis Public Schools. This case dealt with how school districts handle dispute resolution under the Individuals with Disabilities Education Act (IDEA). The legal question centered around whether individuals who enter into an IDEA settlement must exhaust the administrative process before pursing further legal action under the Americans with Disabilities Act.

The Supreme Court resoundingly answered that question with a unanimous vote in favor of the plaintiff, Miguel Luna Perez, a deaf student who alleged that the Sturgis Public Schools had failed to provide him with an adequate education. According to a Washington Post article on the ruling, “The justices ruled that after Perez and his family settled a complaint against the school system — with officials agreeing to pay for additional schooling and sign language instruction — they could pursue money damages under a different federal law.”

 

This morning, the US House of Representatives passed HR5 – Parents Bill of Rights Act on a 213-208 vote with five Republicans joining every Democrat who voted in opposition.

Key parts of the legislation include:

  • Local school districts must publish their curricula publicly
  • Schools must provide parents with a list of books and reading materials available in the school library
  • Teachers must offer parents two in-person meetings per year
  • Schools must provide parents with notice of violent acts occurring on school grounds or at school-sponsored events

The US House Committee on Education and the Workforce chaired by North Carolina’s Virginia Foxx (R-05) has published a fact sheet on the legislation. It is not expected to be taken up for consideration by the Democratic-controlled US Senate. Click here for an article on the bill’s passage.

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

March 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, March 28

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

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

Wednesday, March 29

12:00 pm – House Judiciary 1 – Legislative Offices Building, rm 423 (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
NC School Boards Association
mskeens@ncsba.org

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

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