NCSBA Legislative Update – April 28, 2023

NCSBA Legislative Update – April 28, 2023

 

We alerted you on Tuesday morning that HB 219: Charter School Omnibus was pulled from that afternoon’s House Education K-12 Committee meeting agenda. Although it is unclear exactly why the bill was removed, it is clear that efforts to negotiate the bill and reach a compromise are still underway, and we appreciate the role you all are playing in helping us combat this piece of legislation. We accurately predicted this bill would reappear –  HB 219 is scheduled to be heard next Tuesday, May 2, at 1:00 p.m. in House Education K-12 (click here for the meeting livestream).

We anticipate the bill remaining on the Committee’s agenda this time because next Thursday, May 4, is the crossover deadline. Meaning, HB 219 needs to pass out of the House next week to remain eligible for the rest of this legislative biennium.

We strongly urge you to reach out to your House member(s) and members of the House Education K-12 Committee to share your concerns about HB 219. Click here and here for fact sheets that include talking points and background information.

 

This week, legislators zealously passed bills out of each chamber in preparation for next Thursday’s crossover deadline. Crossover is the date by which a bill (except those involving money or legislative studies) must pass through either the House or Senate in order to be eligible for the remainder of the legislative biennium. Senators took action on two education-related bills, of particular importance, which are highlighted below.

Senators unanimously approved Senate Bill 729: CBBC Working Group Changes, which is a compromise bill between NCSBA and the State Retirement System to improve the anti-pension spiking contribution-based benefit cap law.

Additionally, despite strong pushback from Democrats, the Senate Education/Higher Education Committee approved Senate Bill 406: Choose Your School, Choose Your Future. SB 406 makes all NC K-12 students eligible for Opportunity Scholarships and does not allow local boards of education to require more credits to graduate than what is required by the State Board of Education (currently, 22 credits). The biggest pushback from Democrats focused on the fact that this program was intended to provide low- and middle-income families an opportunity to attend a private school, and under SB 406, families with a household income in the millions can receive a voucher. The House version of this bill HB 823: Choose Your School, Choose Your Future. will be heard in the House Education K-12 Committee meeting next Tuesday at 1:00 pm (click here for the meeting livestream).

Read more on these two bills and other education bills with action this week below.

Education Bills that Passed the Senate

Statewide Bills

The following bills passed the Senate and were sent to the House.

  • SB 582: North Carolina Farm Act of 2023 (primary sponsors: Senators Brent Jackson, R-Sampson; Norman Sanderson, R-Pamlico; Buck Newton, R-Wilson)
    • Passed 34-9
    • Says local boards of education must strive to ensure that 100% muscadine grape juice is made available to all students as a part of the nutrition program or through vending facilities
    • Click here for an official bill summary
    • This provision in SB 582 is similar to HB 67: Encourage Healthy NC Food in Schools, except HB 67
      • Requires the juice to be available to all students
      • Requires the supplier to buyback unopened and unexpired products
  • SB 729: CBBC Working Group Changes(primary sponsors: Senators Jim Burgin, R-Harnett; Joyce Krawiec, R-Forsyth; Carl Ford, R-Rowan)
        • Passed 42-0
        • NCSBA had been in negotiations with the State Retirement System for roughly 18 months to improve the anti-pension spiking contribution-based benefit cap (CBBC) law
        • This bill is the compromise both sides agreed to, which we believe is a significant improvement to the existing law
        • Click here to access NCSBA’s summary of SB 729

Local Bill

The following bill passed the Senate and was sent to the House.

  • SB 17: Stanly Bd. of Comm/Bd. of Educ. (primary sponsor: Senator Carl Ford, R-Rowan)
    • Passed on a voice vote
    • Modifies the staggering of terms for members of the Stanly County Board of Education and the Stanly County Board of County Commissioners
    • Click here for an official bill summary

Education Bills that Passed the House

Statewide Bills

The following bills passed the House and were sent to the Senate.

  • HB 98: Medical Freedom Act(primary sponsors: Representatives Brian Biggs, R-Randolph; Jon Hardister, R-Guilford; Neal Jackson, R-Moore; Donny Lambeth, R-Forsyth)
    • Passed 73-41
    • 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
    • Click here for an official bill summary
  • HB 432: Principal Licensure Changes (primary sponsors: Representatives David Willis, R-Union; Hugh Blackwell, R-Burke; Tricia Cotham, D-Mecklenburg; John Torbett, R-Gaston)
    • Passed 113-0
    • As recommended by DPI, updates principal licensure requirements and develops a portfolio assessment
    • Prior to House approval,
      • A section was removed that required the study of methods to improve the principal preparation and licensure process
      • A section was added that concerns the role of administrator preparation programs, the State Board of Education’s (SBE) authority, rules for granting State approval, and minimum approval standards
    • Click here for an official bill summary
    • Passed 111-2
    • Ensures increased awareness of school-based health services that are reimbursable under Medicaid
    • Prior to House approval, the following was added to the bill:
      • Implements Medicaid coverage of school-based transportation services
      • Requires annual parental consent for student access to school health clinic services
    • Click here for an official bill summary
  • HB 605: School Threat Assessment Teams (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Tricia Cotham, R-Mecklenburg)
    • Passed 106-7
    • Requires PSUs to adopt policies for establishing threat assessment teams in consultation with the policies developed by DPI’s Center for Safer Schools
    • Establishes peer-to-peer counseling in PSUs
    • Click here for an official bill summary
  • HB 756: Standards Advisory Commission (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Jeff Zenger, R-Forsyth)
    • Passed 71-43
    • Creates the Standard Course of Study Advisory Commission to recommend academic standards to the SBE for approval
    • Currently, the SBE adopts the Standard Course of Study, but this bill (as amended on the House floor) requires the General Assembly to appoint 12 voting members and requires the Governor to appoint 6 voting members to this new Commission, with the State Superintendent being the final voting member
    • Click here for an article on the bill

Education Bills Approved by Senate Committees

Statewide Bills

On Wednesday, SB 406: Choose Your School, Choose Your Future (primary sponsors: Senators Michael Lee, R-New Hanover; Lisa Barnes, R-Nash; Amy Galey, R-Alamance) had its first committee hearing when the Senate Education/Higher Education Committee approved the bill and referred it to the Senate Appropriations/Base Budget Committee. According to Senate Leader Phil Berger, SB 406 – if enacted – would be the “largest expansion of school choice” since the Opportunity Scholarship Program was founded 10 years ago.

SB  406 provides vouchers for every family in the State. It replaces opportunity income requirements with a sliding scale based on household income as follows.

  • A family of four with a household income of up to $55,500 (qualifying amount for free/reduced lunch) is eligible for a maximum voucher award of $7,213 in FY 2023-24 (100% of the average state per pupil allocation)
  • A family of four with a household income of up to $111,000 is eligible for a maximum voucher award of $6,492 in FY 2023-24
  • A family of four with a household income of up to $249,750 is eligible for a maximum voucher award of $4,328 in FY 2023-24
  • A family of four with a household income of more than $249,750 is eligible for a maximum voucher award of $3,246 in FY 2023-24

SB 406 does not include stabilization funds for local school districts that will lose significant funding due to a reduction in average daily membership. Prior to approval by the Senate Education/Higher Education Committee, SB 406 was modified to increase the funds appropriated to the Program. For the 2032-33 fiscal  year and each fiscal year thereafter, $520.54 million will be appropriated to the Program. Click here for an official bill summary. Click here for an article on SB 406.

On Wednesday, SB 364: Nondiscrimination & Dignity in State Work (primary sponsors: Senators Warren Daniel, R-Burke; Todd Johnson, R-Union; Brad Overcash, R-Gaston) had its first committee hearing when the Senate Judiciary Committee approved the bill and referred it to the Senate Rules Committee. SB 364 amends the State Human Resources Act to prohibit compelled speech when an individual seeks state government employment, demonstrates the General Assembly’s intent that state employees recognize the equality and rights of all persons, and prohibits state government workplaces from promoting certain concepts that are contrary to that intent. Click here for an official bill summary.

Education Bills Approved by House Committees

Statewide Bills

On Tuesday, the following bills had their first committee hearing when the House Education K-12 Committee approved them.

  • HB 531: Charter Schools & Out-of-State/Foreign Exchange Stud. (primary sponsors: Representatives Sarah Stevens, R-Surry; Hugh Blackwell, R-Burke; Mark Brody R-Union; Reece Pyrtle, R-Rockingham)
    • Allows charter schools to admit nonresident students if the school is not operating at capacity
    • Allows the charter school to charge the nonresident student tuition
    • Prior to approval by the House Education K-12 Committee, the bill was modified to allow charter schools to admit foreign exchange students
    • Referred to the House Rules Committee
    • Click here for an official bill summary
  • HB 780: State ID Cards of High School Students (primary sponsors: Representatives Laura Budd, D-Mecklenburg; John Torbett, R-Gaston; Ray Pickett, R-Watauga)
    • Establishes a pilot program to issue special identification cards to students in public high schools in Anson, Gaston, Mecklenburg, and Union counties
    • Prior to approval by the House Education K-12 Committee, the bill was modified to clarify that NC residents who are at least 16 (was 17) years old are allowed to get a NC special identification card for free
    • Referred to the House State Government Committee
    • Click here for an official bill summary

On Wednesday, HB 445: Closed Session Reminder (primary sponsors: Representatives Matthew Winslow, R-Franklin; Sam Watford, R-Davidson; Ben Moss, R-Richmond; Celeste Cairns, R-Carteret) had its second committee hearing when the House Judiciary 1 Committee approved the bill and referred it to the House Rules Committee. HB 445 requires the presiding chair of all open meetings to remind the public body of the limited nature of discussion during a closed session. Prior to Committee approval, language authorizing remote meetings under certain circumstances was added to the bill. Click here for an official bill summary.

On Thursday, HB 487: POW/MIA Flags/State Bldgs & Schools (primary sponsors: Representatives Edward Goodwin, R-Chowan; Michael Wray, D-Northampton; Jarrod Lowery, R-Robeson; Garland Pierce, D-Scotland) had its first committee hearing when the House State Government Committee approved the bill and referred it to the House Rules Committee. HB 487 requires public schools and state-owned buildings to fly the POW/MIA flag, provided there is space for the flag on an existing flagpole. Click here for an official bill summary.

On Tuesday, 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) had its second committee hearing when the House Finance Committee approved the bill and referred it to the House Rules Committee. HB 162 provides paid leave for State employees, public school employees, and community college employees for organ donation. Click here for an official bill summary.

 

The House appropriations and finance bill filing deadline was this past Tuesday, April 25. The House public/statewide bill filing deadline was last week, the Senate public/statewide bill filing deadline was earlier this month, and the local bill filing deadlines for both the House and the Senate were in March. The following are additional education-related bills that were filed this week.

Statewide Bills

  • HB 844: School Meals for All Act (primary sponsors: Representatives Julie von Haefen, D-Wake; Ashton Clemmons, D-Guilford; Cynthia Ball, D-Wake; Marcia Morey, D-Durham)
    • Provides breakfast and lunch in public schools at no cost to students
  • HB 846: Funds for NC Pre-K and Smart Start (primary sponsors: Representatives Julie von Haefen, D-Wake; Ashton Clemmons, D-Guilford; Cynthia Ball, D-Wake; Frances Jackson, D-Cumberland)
    • Appropriates funds for the NC Pre-K Program and the Smart Start Program
    • Sets the administrative cap for NC Pre-K and Smart Start at 10%
  • HB 849: Expand & Enhance the Teaching Fellows Program (primary sponsors: Representatives Cynthia Ball, D-Wake; Jeffrey Elmore, R-Wilkes; Julie von Haefen, D-Wake: Tim Longest, D-Wake)
    • Similar to a section in the House Budget
    • Expands and enhances the NC Teaching Fellows Program, including
      • Allows a teacher in any subject to participate in the Program (currently, it is limited to STEM and special education teachers)
      • Opens the Program up to any UNC system university and private colleges
      • Changes loan repayment terms
    • HB 852: The Rep. Becky Carney Cardiac Arrest Act (primary sponsors: Representatives Cynthia Ball, D-Wake; Timothy Reeder, R-Pitt; Donny Lambeth, R-Forsyth; Jeff Zenger, R-Forsyth)
      • Requires the placement of automatic external defibrillators (AEDs) in all schools in public school units
      • Provides training for school personnel on the use of AEDs
      • Including $9.2 million in nonrecurring funds to be allocated by DPI on a first-come, first-served basis for the 2023-24 fiscal year
    • HB 855: Strengthening Care for Families and Children (primary sponsors: Representatives Donny Lambeth, R-Forsyth; Wayne Sasser, R-Stanly; Kristin Baker, R-Cabarrus; Carla Cunningham, D-Mecklenburg)
      • Appropriates funds for statewide expansion of school behavioral health services
    • HB 885: Sound Basic Education for Every Child (primary sponsors: Representatives Julie von Haefen, D-Wake; Rosa Gill, D-Wake; Cynthia Ball, D-Wake; Lindsey Prather, D-Buncombe)
      • Provides for a sound basic education for every child in NC, including, but not limited to,
        • Expanding the NC Teaching Fellows Program
        • Modifying the teacher salary schedule
        • Increasing funding for classroom supplies and textbooks
        • Expanding the NC Pre-K Program

Local Bill

 

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

April 24, 2023, Weekly Report

Headlines for this edition include:

  • House Education Panel Holds School Choice Hearing
    • Congress is wading into the school choice debate. Last week, the House Education and Workforce Subcommittee on Early Childhood, Elementary and Secondary Education held a hearing titled, “School Choice: Expanding Freedom for All.”
    • Subcommittee Chair Aaron Bean (R-FL) was optimistic about school choice policy getting through a divided Congress, saying in his opening remarks that he’s “naive enough to think that maybe this is a topic that can bring our body together.”
    • Democratic lawmakers pushed back on school choice options, like private school vouchers and charter schools, arguing that more accountability is needed.
    • There is no one from the North Carolina Congressional delegation on the subcommittee.
    • To view the hearing, click here.
  • Education Secretary Testifies On Budget Request
    • US Secretary of Education Miguel Cardona appeared before the House Appropriations Subcommittee on Labor, Health and Human Services to answer questions regarding the department’s $90 billion budget request for FY 2023-24.
    • The Subcommittee displayed general bipartisan agreement on continued investment in skills-based learning, career pathways, workforce development, and Pell Grants.
    • There is no one from the North Carolina Congressional delegation on the subcommittee.
    • To view the hearing, click here.

 

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

State News

National News

 

Monday, May 15, is Bring Your Legislator to School Day, an event sponsored by the NC Public School Forum. The idea is simple – local schools should invite their legislators to come in for a day and witness first-hand the successes and challenges faced by the public school system.

We highly encourage every district to reach out to their legislators and invite them to this event. Click here to find your legislators.

 

Next Thursday, May 4, is the crossover deadline. Meaning, bills must pass one chamber by next Thursday to remain eligible for the rest of this legislative biennium.

Monday, May 1

4:00 pm – Senate Education/Higher Education – Legislative Offices Building, rm 544 (livestream)

Tuesday, May 2

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

11:00 am – House Judiciary 2 – Legislative Offices Building, rm 544 (livestream)

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

Wednesday, May 3

11:00 am – House State Government – Legislative Offices Building, rm 421 (livestream)

 

Point of Personal Privilege

We would like to thank Rebekah Howard for her contributions to the NCSBA Governmental Relations team over the past four years. This week’s update is her last one as she is moving on to other opportunities. During her time at NCSBA, Rebekah has tirelessly performed many different duties while keeping our membership updated on all the latest information. We wish her well!

 

 

 

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 – April 28, 2023