Christina Davoile

NCSBA Legislative Update – August 18, 2023

NCSBA Legislative Update – August 18, 2023

After a month-long interval without holding voting sessions, the NC General Assembly reconvened in Raleigh with the primary objective of overriding six of Governor Cooper’s recent vetoes this week. These override votes equaled the previous record for the highest number of overrides in a single day, a feat accomplished earlier in June. Significantly, four out of the six vetoes that were successfully overridden pertained to bills concerning K-12 education. Below, you’ll find more comprehensive details about these bills.

However, what remained unaddressed this week was the state budget, which has yet to see further progress. The leadership of both chambers has indicated that they hope to achieve final passage of the budget in mid-September.

Veto Overrides That Are Now Law

HB 219: Charter School Omnibus Act (SL 2023-107) (primary sponsors Representatives John Torbett, R-Gaston; John Bradford, R-Mecklenburg; David Willis, R-Union; and Jason Saine, R-Lincoln)

  • House voted 74 to 45 to override, Senate voted 27-18 to override
  • Prohibits any consideration of the impact to an LEA when deciding whether to grant, renew, amend, or terminate a charter
  • Removes restrictions of student enrollment growth for charters that are not low performing
  • Allows the Charter School Review Board (see, HB 618) to consider whether a low-performing charter school can increase their enrollment greater than 20%
  • Allows charter schools to admit out-of-state students and foreign exchange students if it is unable to meet its enrollment capacity with qualified in-state students
  • Allows pre-lottery admissions to charters for (i) certain preschools with agreements with the charter and (ii) children of active-duty military
  • Prohibits local boards of education from considering a student’s current or prior enrollment in a charter school in determining admissions or eligibility to any school or special program .
  • Allows counties to appropriate funds for property taxes to fund charter school capital needs.
  • Establishes a pilot program to allow Central Park Schools for Children in Durham to expand the weighted lottery to include factors to assist educationally or economically disadvantaged students, including walk zones
  • Removes a high school athletics provision that would have prohibited charter and private schools from competing in the 1A playoffs against traditional public schools
  • Click here for the latest bill summary

HB 574: Fairness in Women’s Sports Act (SL 2023-109) (primary sponsors: Representatives Jennifer Balkcom, R-Henderson; Karl Gillespie, R-Macon; Erin Pare, R-Wake; Kristen Baker, R-Cabarrus)

  • House voted to override 74-45, Senate voted to override 27-18
  • Prohibits biological male students from playing on middle school, high school, or collegiate athletics teams designated for biological female students
  • Recognizes a student’s sex solely based on the student’s reproductive biology and genetics at birth
  • Creates a civil cause of action for students who are harmed as a result of a violation of the bill or who are retaliated against for reporting violations
  • Creates a civil cause of action for public school units that suffer harm as a result of following the requirements of the bill
  • Removes restrictions on females from participating in male sports
  • Click here for an official bill summary

HB 618: Charter School Review Board (SL 2023-110) (primary sponsors: Representatives Tricia Cotham, R-Mecklenburg; Tim Moore, R-Cleveland; Destin Hall, R-Caldwell; David Willis, R-Union)

  • House voted to override by 74-45, Senate voted to override 27-18
  • Similar to section 7.39 in the House Budget
  • Converts the Charter Schools Advisory Board into the Charter Schools Review Board
  • Shifts authority to approve or deny charter school applications, renewals, and revocations from the State Board of Education to a legislatively controlled (8 of 11 appointments) Review Board with a right of appeal by an applicant, charter school, or the State Superintendent to the State Board of Education
  • Changes the Superintendent of Public Instruction from a voting member to a nonvoting member
  • Click here for an official bill summary

SB 49: Parents’ Bill of Rights (SL 2023-106) (primary sponsors: Senators Amy Galey, R-Alamance; Michael Lee, R-New Hanover; Lisa Barnes, R-Nash)

  • House voted to override by 72-47, Senate voted to override by 27-18
  • Requires public school units (PSUs) to establish policies and provide information intended to promote parent involvement, strengthen parent participation, and improve student achievement
  • Many new policies apply beginning with the 2023-24 school year. However, there are serious timing issues that NCSBA is working to address
    • By the time SB 49 became law this week, thousands of students across the state  had already started the 2023-24 school year, with hundreds of thousands starting school next week, leaving no time for implementation.
    • The State Board of Education must first address certain requirements – which has not yet happened – before PSUs can develop and adopt certain policies
  • Enlists specific parental rights pertaining to their child’s education, health, privacy, and safety
  • Establishes a process and timelines regarding parental access to information about books and other instructional materials
  • Requires parental notification prior to changes in the name or pronoun used for a student in school records or by school personnel
  • Prohibits instruction on gender identity, sexual activity, and sexuality in the curriculum provided in kindergarten through fourth grade
  • Requires health practitioners, including teachers, to obtain written consent from the parent of a minor child before providing first aid treatment or emergency medical care such as an EpiPen or an AED (creates an exception for physicians) while providing a fine of up to $5,000 for violation of the provision
    • NCSBA has reached out to key legislators about this concern, but to this point no changes have come about
  • Addresses several concerns raised by NCSBA, including important technical changes and the exemption of security recordings on school transportation that would otherwise have been prohibited without parent consent
  • Click here for an official bill summary

Additional Bills That Became Law

SB 9: Local Omnibus Changes (SL 2023-112) (primary sponsors Senators Gale Adcock D-Wake, Sydney Batch D-Wake)

  • Conference Committee Report adopted by a vote of 28-17 in the Senate and 70-43 in the House
  • Clarifies process for filling vacancies on Guilford County Board of Education

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

August 14, 2023 Headlines From the Weekly Report Include:

Education Department Announces Grant Program to Help Align Postsecondary Education Outcomes: US Secretary of Education Miguel Cardona announced the launch of a new $25 million Career Connected High School Grant program. This program will provide grants to consortia of local educational agencies, institutions of higher education, and employers to pilot evidence-based strategies to increase the integration and alignment of the last two years of high school and the first two years of postsecondary education to improve postsecondary education and career outcomes for all students.

According to a US Education Department blog posting on the grant program, “Grantees can use funds for a variety of different activities based on the need of the region, including additional dual enrollment classes, covering the costs of tuition, books, supplies, and other related expenses for low-income students, tutoring, other academic supports, transportation for students to work-based learning sites, the development of new career & technical education (CTE) programs in high-growth fields like clean energy or to support teacher training and new equipment that may be needed to launch these programs.

The United States Congress is currently in the middle of their August recess and will not be back in session until after Labor Day.

 

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

State News
Carolina Journal: Appeals Court Rules Against Wilson County School Board In Pension Spiking Dispute
North State Journal: General Assembly Overrides Latest Round of Cooper’s Vetoes
North State Journal: Foxx Reacts To Report of Chinese Money In K-12 Schools
WFAE: Back To School Safety Demands A Mix of Technology, Training, and Staff
WFAE: NC General Assembly Overrides Veto On Parents Bill of Rights
WRAL: No New State Budget Puts Schools In A Tough Spot, NC Democrats Say
News & Observer: NC Budget Delays Are Worsening Teacher Hiring Crisis, Education Leaders Warn
Charlotte Observer: Who Decides When Kids Start School? Some NC Districts Are In Open Revolt
Charlotte Observer: NC Public School Follow School Start Law, Why Not Private, Charter Ones?
News & Observer: Are Legislators OK With Public Schools Setting Their Own Start Dates? We Asked Them
Herald Sun: NC Districts Taking School Calendars Into Their Own Hands. Virginia Already Changed Its Law

National News
K-12 Dive: Schools Using Nonpunitive Approaches To Tackle Chronic Absenteeism
EdSurge: As Schools Turn To Tech for Mental Health Support, the Best Solution Might Be More Analog
Washington Post: Schools May Have a Long Way to Go to Protect Against Cyberattacks

There are no committee meetings until the legislature reconvenes in mid-September.
Bruce Mildwurf
Director of Governmental Relations
NC School Boards Association
bmildwurf@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

Christina DavoileNCSBA Legislative Update – August 18, 2023
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NCSBA Legislative Update – August 11, 2023

NCSBA Legislative Update – August 11, 2023

The summer pause for the NC General Assembly rolls on and while there wasn’t any legislative action, news was still being made. On Monday, Speaker Tim Moore (R-Cleveland)  told reporters that final passage of the state budget will not occur until after Labor Day. According to Moore, there are still a few dozen issues left to negotiate between the two chambers.

The veto override votes that were  on the House calendar for Tuesday, August 15th have once again been rescheduled. HB219: Charter School OmnibusHB 618: Charter School Review Board, and HB 574: Fairness in Women’s Sports Act, have been pushed back one additional day to Wednesday, August 16th.

The Senate is slated to hold votes next Wednesday as well. SB 49: Parents’ Bill of Rights is still in the Committee on Rules and Operations of the Senate. It is unclear when the override vote will occur.

The National Public Radio (NPR) affiliate in Charlotte WFAE-FM has been reporting on the increased numbers of students attending private schools and the decrease in the number of students served by public schools.

WFAE: NC Private School Enrollment Has Grown 24% in Four Years, New Data Show
WFAE: Analysis: North Carolina’s Public School Districts Serve A Shrinking Share of School Age Kids

This reporting must be considered against the backdrop of legislative actions this session. Both the House and Senate budgets contained a massive expansion of private school vouchers through the Opportunity Scholarship Program. Beyond the line items in the budget, the House has passed HB823: Choose Your School, Choose Your Future. That bill is now waiting to be taken up by the Senate.

More reporting by WFAE has uncovered an example of the type of fraud that is possible when voucher programs lack accountability.

WFAE: Charlotte’s Elusive Voucher School: Some Answers and Some Lingering Questions
WFAE: Charlotte Voucher School Evicted After Questions About Its Location and Founder

LEAD Training
Join NCSBA and your RESA for our new  LEAD training program! The governmental relations team will be sharing a legislative update at each session. Also planned is governance training on a topic selected by the board chairs and superintendents in the region. NCSBA President Darrell Pennell will be on hand to present the Bell Award for whole-board achievement. For agenda and registration information, click here. Feel free to attend the session convenient for you.
Monday, August 14, 2-5 p.m. | Northeast Regional Education Service Alliance
Tuesday, August 15, 8-11 a.m. | Southeast Education Alliance
Thursday, August 17, 9-12 p.m. | Sandhills Region Education Consortium
Friday, August 18, 11-2 p.m. | Southwest Education Alliance
Thursday, August 31, 8-11 a.m. | Central Carolina Regional Education Service Alliance
Thursday, August 31, 4:30-7 p.m. | Piedmont-Triad Education Consortium
Wednesday, September 6, 8-11 a.m. | Northwest Regional Education Service Alliance
Thursday, September 7, 11-2 p.m. | Western Regional Education Service Alliance

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

August 11, 2023 Headlines From the Weekly Report Include:

Education Department Announces K-12 Cybersecurity Measures: The US Department of Education is taking steps to help schools shore up cybersecurity. The Department has released three K-12 Digital Infrastructure briefs, including “K-12 Digital Infrastructure Brief: Defensible and Resilient“, which was co-authored by the Cybersecurity and Infrastructure Security Agency (CISA). In addition, on Monday August 7th, the White House hosted a meeting of education, industry and advocacy groups titled: Back to School Safely: Cybersecurity Summit for K-12 Schools.

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

State News
North State Journal: State Superintendent Reports Incredible Gains In K-3 Literacy
EdNC: State Board of Education: New Reading Data, Parental Leave, and A Call To Support Public Schools
WRAL: Paid Parental Leave Rules Now In Place For 200,000 NC School Employees. Here’s What They Are
WUNC: As GOP Negotiations Drag, North Carolina Budget Not Expected Until September
WGHP: North Carolina House Again Delays Votes to Override Vetoes – and Apparently The Passage of a New State Budget
Spectrum News: North Carolina State Budget Won’t Become Law Until September, House Leader Says
News & Observer: Hundreds of Thousands of NC Students Are Chronically Absent. Why Aren’t They In School?

National News
K-12 Dive: 3 Key Best Practices From White House K-12 Cybersecurity Summit
Education Week: What’s The Purpose of Standards In Education? An Explainer

No committee meetings have been scheduled at this time.
Bruce Mildwurf
Director of Governmental Relations
NC School Boards Association
bmildwurf@ncsba.orgMadison 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

Christina DavoileNCSBA Legislative Update – August 11, 2023
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NCSBA Legislative Update – August 4, 2023

NCSBA Legislative Update – August 4, 2023

Progress is being made in the budget negotiations between the House and Senate. Last Friday, Senate President Pro Tem Phil Berger (R-Rockingham) tweeted that significant progress on the budget has been made and that both sides have agreed upon the tax package portion. The two chambers have also agreed on raises for teachers and state employees but have not released those numbers yet. According to reporting by WNCN CBS-17, Speaker Tim Moore (R-Cleveland) is saying that the budget could be done by the week of August 13th, but Senator Berger is less optimistic due to the number of issues still to be negotiated.

The House was scheduled to meet on Monday August 7th with several veto overrides on the calendar. However, the override votes on HB219: Charter School OmnibusHB 618: Charter School Review Board, and HB 574: Fairness in Women’s Sports Act, have now been pushed back one week to Tuesday, August 15th. Neither the House nor the Senate will be holding session next week.

Meanwhile, SB 49: Parents’ Bill of Rights is still in the Committee on Rules and Operations of the Senate. It is unclear when the override vote will occur. It is highly likely that all four of those vetoes will be overridden when a vote is taken.

State Board of Education Monthly Meeting

The State Board of Education met remotely Wednesday and Thursday this week. The Board approved the following:

  • New Members of the Board of Governors for the NC Governor’s School
  • Eligibility Criteria, Standards, and Procedures for Admissions to the Schools for the Deaf and Blind for the 2023-2024 school year
  • Licensure Renewal Requirements Policy Amendment
  • NC Public Schools Allotment Policy Manual: ESSER II Various PRCs and Potential State PRCs Policy Amendment

Recommendations for New Members to Board of Governors for the NC Governor’s School: The State Board approved the recommended member appointments to the Board of Governors for the North Carolina Governor’s School. Further information about the newly approved members can be found here.
Eligibility Criteria, Standards, and Procedures for Admissions to the schools for the Deaf and Blind for the 2023-2024 school year: For the 2023-2024 school year, DPI approved eligibility criteria, standards, and procedures for admissions to NC School for the Deaf (NCSD), Governor Morehead School (GMS), and Eastern North Carolina School for the Deaf (ENCSD). In the years following the 2023-2024 school year, the respective boards of trustees shall set the eligibility criteria, standards, and procedures for admissions for the schools. More information regarding NCSD can be found here, for GMS here, and for ENCSD can be found here.
Licensure Renewal Requirements Policy Amendment:  The Board approved revisions to the licensure renewal requirements for an expired Continuing Professional License (CPL). The revisions allow educators with an expired NC CPL to be eligible for a three-year validated professional license when the educator completes eight renewal credits during the three-year period. Following the completion of the required renewal credits, a license will be issued with a new five-year renewal cycle. Additionally, the Retirement License has been replaced by the Lifetime License. Click here for further details regarding the policy amendments.
NC Public Schools Allotment Policy Manual: ESSER II Various PRCs and Potential State PRCs Policy Amendment: The Board approved proposed changes made to the NC Public Schools Allotment Policy Manual by the Division of School Business. These changes include the expanded use of the funds for afterschool tutoring and enrichment in all tested core subjects, Math, ELA, and Science. These funds were previously constrained to Math only. Further, a new program report code (PRC) has been established for Career Technology services for credentialing activities.  Finally, additional funding provides for the incurred cost of substitute teachers employed as a result of paid parental leave. The 2022-2023 Allotment Policy Manual and details about the policy amendments can be found here.
The Board also approved several items reviewed at the meeting last month as follows:

Standard Course of Study Revision Update:  DPI staff provided the monthly update on the progress of revising standards for K-12 Healthful Living, K-12 Arts, K-12 Guidance, and K-12 World Language standards. DPI reports it has released several stakeholder surveys on healthful living standards and continues to gather data regarding the American School Counselor Association Student Mindsets and Behaviors. For the presentation see here. For the 2023 Internal Procedures Manual on the North Carolina Standard Course of Study see here.
Paid Parental Leave: In July, the Board reviewed draft temporary administrative rules to respond to legislation from the General Assembly providing paid parental leave for certain groups of public employees, including local school administrative unit employees. Since the July meeting the draft rules have been revised to clarify that the charter schools may, but are not required, to provide paid parental leave and are eligible to receive funds allocated for schools that provide said leave. The Board approved these temporary administrative rules. The temporary administrative rules may be found here. Further information on paid parental leave may be found here.
This month, the Board also received reports on the following:

  • State Superintendent’s Report
  • State Summary of Academic Gains in Restart Schools and Research Study: Learning Loss and Recovery in Restart Schools (December 2022 Annual Report)
  • Draft SBE Policies for Appointed Interim Superintendent Process and Assistance Teams
  • Approval of Six Contracts over $500,000
  • Employees Benefit and Employment Policies

State Superintendent’s Report: An assessment conducted by Amplify shows that a post-pandemic rebound of student achievement began in the 2021-2022 school year. North Carolina continues to close gaps through improvement in all grade levels and improvement across all subgroups. In kindergarten through third grade during the 2022-2023 school year, North Carolina has demonstrated a growth of the percentage of students on track (ready for core instruction) from the beginning of the school year as compared to the end of the school year that outpaced national averages.
State Summary of Academic Gains in Restart Schools and Research Study: Learning Loss and Recovery in Restart Schools (December 2022 Annual Report): The state summary provides the progress of Restart schools which are required to submit annual reports. Currently 159 schools have been approved by the Board as Restart Schools; however, at the time of the December 2022 Annual Report, 148 schools were approved Restart Schools. Of those 148 schools, 21 exceeded expectations in academic gain, 95 met expectations in overall academic gain, and 32 did not meet overall academic gain expectations. For the full report, see here. For more information on the Restart model, click here.
Draft SBE Policies for Appointed Interim Superintendent Process and Assistance Teams: DPI staff reviewed the new draft SBE policies that in conjunction with State would allow the Board to (1) appoint an interim superintendent in a local school administrative unit in limited circumstances and (2) assign an assistance team to any school that either identifies as low-performing or requests an assistance team and that the Board determines would benefit from an assistance team. For the draft  Appointed Interim Superintendent Process policy, click here. For the draft Assistance Teams policy, click here.
Approval of Six Contracts over $500,000: Six contracts for sums over $500,000 were approved by the Board. Five of these six contracts were for replacement school buses for public school units. The sixth contract approved was for speech therapy and physical therapy for students of the Governor Morehead School.
Employees Benefit and Employment Policies: The Board heard a presentation regarding changes to the N.C. Public School Employees Benefit and Employment Policies following passage by the General Assembly of legislation providing paid parental leave for certain groups of public employees, including local school administrative unit employees. One change requires teachers using personal leave days to provide a reason for the leave in order to avoid the substitute deduction, even in the event that the request for leave is made at least five days in advance. The Board indicated that what may constitute a valid reason for personal leave may be at the discretion of local boards of education.  The Board was originally scheduled to vote on these changes at the August 3rd meeting, but in order to allow time to gather information and respond to questions on the personal leave days , the action item has been moved to next month’s meeting. For the revised Benefits and Employment Policy Manual for 2023, click here.

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

July 31, 2023 Headlines From the Weekly Report Include:

Senate Education Budget Released: The US Senate Committee on Appropriations has approved all 12 of its required appropriations bills. The passage marks the first time in five years that the committee has passed all of its appropriations before the end of July. All 12 appropriations bills received bipartisan support. The Senate is proposing a $79.6 billion budget for the Department of Education.  Click here for a press release on the budget from the committee.

Contrast that with the education spending bill passed by the House Labor, Health & Human Services and Education Appropriations Subcommittee, which totaled $67.4 billion, a 15 percent reduction from this year.

One key difference in the House and Senate education spending plans is that the House essentially guts the Title I program with a $14.7 billion reduction in spending, leaving only $3.7 billion for Title 1 grants. The Senate bill provides a $175 million increase for Title I-A grants to Local Education Agencies, for a total $18.5 billion. The bill would level-fund investments in Title II efforts—those that support teachers, principals, and other educators—at $2.2 billion, while the House bill would zero out the program.

Both the Democratic-controlled Senate and the Republican-controlled House must agree to a final budget bill by the end of the federal fiscal year on September 30th to avoid a government shutdown.

Education Department Updates State IDEA Monitoring Guidelines: The Department of Education’s Office of Special Education Programs (OSEP) released updated policy guidance to ensure and strengthen the rights and protections guaranteed to children with disabilities and their families under the Individuals with Disabilities Education Act (IDEA). The guidance addresses the IDEA’s “general supervision” requirement, which requires that states monitor local educational agencies (LEAs) as required by IDEA Part B, and early intervention service (EIS) programs and providers as required by IDEA Part C to ensure children with disabilities and their families access their rights under IDEA.

The updated guidance will:

1) Provide states with accessible and actionable information necessary to identify and correct noncompliance;

2) Help ensure the rights guaranteed under the IDEA to children with disabilities and their families are protected; and

3) Reaffirm expectations across states to help ensure consistent implementation of IDEA.

 

Click here for more information.

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

State News
Carolina Journal: Private Schools Seek Three Judge Panel To Review Sanctions In Opportunity Scholarship Suit
Carolina Journal: Republicans Overtake Democrats On Trust In Public Education
EdNC: As the School Year Kicks Off, 30 Districts Experience Superintendent Turnover
WRAL: Facilities, Staffing and Safety: Local Leaders Say Some School Priorities Aren’t Reflected in NC Budget Proposals
WFAE: Charlotte Voucher School Evicted After Questions About Its Location and Founder
WFAE: North Carolina Private School Enrollment Has Grown 24% in Four Years, New Data Show
WFAE: Analysis: North Carolina’s Public School Districts Serve a Shrinking Share of School Age Kids
WFAE: School Safety Summit Touches On Threat Teams, Body Armor and Hoaxes
WFDD: A North Carolina Budget Is A Month Late, But Republicans Say They Are Closing In On a Deal

National News
K-12 Dive: Enrollment, Funding, Supply Chain Issues Throw Wrench Into School Construction Projects
Education Week: The Number of Students In Special Education Has Doubled In the Past 45 Years
Pro Publica: Chaos at the School Board – Unraveling America’s School Board Unrest

No committee meetings have been scheduled at this time.
Bruce Mildwurf
Director of Governmental Relations
NC School Boards Association
bmildwurf@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

Christina DavoileNCSBA Legislative Update – August 4, 2023
read more
NCSBA Legislative Update – July 28, 2023

NCSBA Legislative Update – July 28, 2023

Week two of the three-week pause at the NC General Assembly rolled on without incident. After Governor Cooper’s veto of HB219: Charter School Omnibus which we told you about last week, that bill was added to the calendar for Monday, August 7, the first day the legislature is potentially back for votes. There are other veto overrides on the calendar that day, including HB 618: Charter School Review Board, and HB 574: Fairness in Women’s Sports Act. Meanwhile, in the other chamber SB 49: Parents’ Bill of Rights is still in the Committee on Rules and Operations of the Senate. It is unclear when the override vote will occur. It is highly likely that all four of those vetoes will be overridden when a vote is taken.

While the legislature may have taken a brief summer break, electoral politics have not. With the 2024 primary election taking place March 5th, several members of the NC General Assembly have already announced bids for statewide office. These include:

Rachel Hunt (D-Mecklenburg)                       Lieutenant Governor
Jeffrey Elmore (R-Wilkes)                             Lieutenant Governor
Jon Hardister (R-Guilford)                             Commissioner of Labor
Wesley Harris (D-Mecklenburg)                    State Treasurer
John Bradford (R-Mecklenburg)                    State Treasurer

One of North Carolina’s top political scientists Dr. Michael Bitzer of Catawba College keeps a running list of all these candidates and potential candidacies. To view the full list, click here.

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

DPI Superintendent Truitt Testifies Before Congress On Pandemic Learning Loss: On Wednesday, the House Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing titled, “Generational Learning Loss – How Pandemic School Closures Hurt Students.” DPI Superintendent Catherine Truitt appeared before the subcommittee and spoke to DPI’s efforts to stay ahead of the curve in mitigating learning loss.

In prepared testimony Superintendent Truitt said, “When the massive influx of federal funding did come pouring into North Carolina, we were ready. My agency was able to provide local education leaders with an office dedicated to recovery and rooted in research and data. This was vital because many of our 115 school districts and more than 200 charter schools did not have the central office bandwidth or support to take on the massive exercise in planning and compliance that would be required with ESSER III.”

 

To view the entirety of Superintendent Truitt’s testimony, click here.

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

State News
EdNC: Districts and States Are ‘Own Their Own’ Ahead of Federal Funding Cliff
EdNC: Scale of Tax Cuts + Underinvestment in Public Education + Expansion of School Choice = A State of Emergency
North State Journal: Ballard Puts Senate Record On Education At Front of Lt. Governor Campaign
WFAE: NC Home-Schooling Numbers Dropped Last Year But Remain Above Pre-Pandemic Levels
WFAE: In CMS Book Battles, A Superintendent’s Plan Collides With Legislators’ Mandate
WRAL: School Bus Driver Shortage: Wake Parents Encouraged To Find Their Own Rides
NC State Board of Education: State Board Approves Revised K-12 Science Content Standards
NC Newsline: State Superintendent Catherine Truitt Discusses Learning Loss Before Congressional Committee
News & Observer: Raises for Teachers Could Come With New School Year, Even If No New Budget Is Reached
WUNC: House Speaker Tim Moore Confirms He Won’t Seek Another Term Leading the Chamber

National News
Education Week: Auditors Are On the Hunt for ESSER Fraud. 5 Things To Know
K-12 Dive: Nearly a Third of Transgender Youth Affected By School Athletic Bans
New York Times: $7200 For Every Student: Arizona’s Ultimate Experience In School Choice

No committee meetings have been scheduled at this time.
Bruce Mildwurf
Director of Governmental Relations
NC School Boards Association
bmildwurf@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

Christina DavoileNCSBA Legislative Update – July 28, 2023
read more
NCSBA Legislative Update – July 21, 2023

NCSBA Legislative Update – July 21, 2023

At 1:22pm this afternoon, Governor Cooper used the veto stamp for the 14th time this legislative session on HB219: Charter School Omnibus.  In his veto message for HB219, Governor Cooper said, “This bill allowing more students to attend failing charter schools risks their education and their future. The State Board of Education should continue to oversee the enrollment growth of charter schools to assure success.”

Key provisions of the final bill passed by the General Assembly include:

  • Prohibits any consideration of the impact to an LEA when deciding whether to grant, renew, amend, or terminate a charter
  • Removes restrictions of student enrollment growth for charters that are not low-performing
  • Allows SBE to consider whether a low-performing charter school can increase their enrollment greater than 20%
  • Allows charter schools to admit out-of-state students and foreign exchange students if it is unable to meet its enrollment capacity with qualified in-state students
  • Allows pre-lottery admissions to charters for (i) certain preschools with agreements with the charter and (ii) children of active-duty military
  • Prohibits local boards of education from considering a student’s current or prior enrollment in a charter school in determining admissions or eligibility to any school or special program
  • Allows counties to appropriate funds for property taxes to fund charter school capital needs
  • Establishes a pilot program to allow Central Park Schools for Children in Durham to expand the weighted lottery to include factors to assist educationally or economically disadvantaged students, including walk zones
  • Provides for conforming changes if House Bill 618 – Charter School Review Board becomes law (Veto override vote now scheduled for Monday, August 7)
  • Removes a high school athletics provision that would have prohibited charter and private schools from competing in the 1A playoffs against traditional public schools
  • Click here for the latest bill summary

Meanwhile, two blocks away, cool air coming through the air conditioning vents was the only thing circulating at the NC General Assembly this week. Both the House and the Senate held skeletal sessions with no recorded votes and there were no committee meetings. Budget negotiations between the two chambers are ongoing. Estimates as to when the budget may be completed vary from the middle of August to well after Labor Day. One of the primary points of disagreement remains the size of the tax cut.

Speaker Tim Moore (R-Cleveland) announced during Thursday’s skeletal session of the House that there will be no votes for the next two weeks. As such, two of the education-related veto override votes – HB 618: Charter School Review Board and HB 574: Fairness in Women’s Sports Act – have now been pushed back to Monday, August 7. Another vetoed bill SB49: Parents Bill of Rights has been referred to the Committee on Rules & Operations of the Senate but has not been calendared yet.

WRAL reported Thursday that SB 90, the controversial 26 page education bill we told you about last week will likely not come up again this session, per Speaker Moore. House education leaders planned to change the bill title from Searches of Student’s Person to Childrens Laws Omnibus. The bill was pulled shortly before last week’s committee meeting. One of the Education committee chairs indicated last week that he hoped to have the amended bill heard this week.
As we outlined in last Friday’s legislative update it included the following provisions:

  • Open enrollment – Districts would be forced to accept students from other districts. Charging tuition would be prohibited. In some cases, out of district students will be given priority in a school over students who live in the district.
  • Requires termination or significant pay reduction of local superintendents if five parents obtain affidavits showing their fundamental right to parent was violated.

However, as New York Yankees legend Yogi Berra was fond of saying, “It ain’t over ‘til it’s over.” The NCSBA Governmental Relations Team will let you know if anything changes with SB90.  Click here for a copy of the amended bill and here for an official summary of it.

While the legislature is on a temporary hiatus, the wheels are still turning in other parts of state government. The Professional Educator Preparation and Standards Commission (PEPSC) met last week and voted down a proposed increase in teacher licensure fees. DPI sought the increases to help pay for increased staff capacity in responding to approximately 50,000 licensure and information requests per year. The proposed increase from DPI would have raised the fee for an in-state license from $70-$85 and an out-of-state license from $100 to $115. Commission members denied recommending the increase to the State Board of Education by a 9-3 vote. Had PEPSC approved the increase, it would have gone to the State Board of Education for approval.  Click here for an article regarding the PEPSC vote.

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

July 17, 2023 Headlines From the Weekly Report Include:

Education Cuts Proceed In Proposed Spending Bill: The House Labor, Health & Human Services and Education Appropriations Subcommittee has approved its part of the annual spending bill. The measure passed on a party-line voice vote. It provides the Department of Education with $67.4 billion in new discretionary funding — a 15 percent reduction compared to this year. K-12 spending would see drastic losses. Title I cuts would amount to a $14.7 billion reduction in spending, leaving about $3.7 billion for Title I grants. The bill would also rescind more than $10 billion in K-12 education funding that was already approved by Congress and that states and schools are expecting this fall. The proposed education budget drafted by the Democratic-controlled Senate is expected to be vastly different.

FCC Announces $200M Pilot for School Cybersecurity: Federal Communications Commission Chair Jessica Rosenworcel has announced a pilot program of $200 million to help public schools strengthen their cybersecurity efforts. The three year program will harden cyber defenses while determining the best methods to further protect libraries and schools. “With the growing number of sophisticated cyberattacks on schools and especially the rise in malicious ransomware attacks that harm our students, now is the time to take action,” said Rosenworcel.

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

State News
EdNC: PEPSC Votes Against Increasing the Cost of Teacher Licensure Fees
EdNC: Perspective – State Board Chair and Vice-Chair Share Concerns About Parents Bill of Rights Statute
Carolina Journal: Lawmakers Move Forward On Bill Requiring Students to Have a Career Development Plan
WRAL: NC’s Controversial New Education Bill Likely Won’t Be Heard This Session, Speaker Says
WFAE: Confused By School Poverty Numbers? That’s Not Surprising
WUNC: Lawmakers Stay Out of Raleigh For Another Week As Budget, Overrides Remain
News & Observer: Agreement Reached On Pay NC Speaker Says. Here’s Why Raises Still Won’t Come Soon

National News
K-12 Dive: What Does the Looming ESSER Spending Deadline Mean for Teacher Shortages?
K-12 Dive: Labor Department Approves Registered Principal Apprenticeships
Foodservice Director: What’s On Tap For School Nutrition Legislation
Washington Post: Millions of Homes. Schools May Have To Eliminate Lead Dust Under EPA Plan
Washington Post: Red-State Education Restrictions Leave Textbook Publishers In a Bind

No committee meetings have been scheduled at this time.
Bruce Mildwurf
Director of Governmental Relations
NC School Boards Association
bmildwurf@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

Christina DavoileNCSBA Legislative Update – July 21, 2023
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NCSBA Legislative Update – July 14, 2023

NCSBA Legislative Update – July 14, 2023

It was a relatively light week at the NC General Assembly. In the Senate, skeletal sessions were held with no recorded votes as most Senators weren’t even in Raleigh. Negotiations on a state budget are continuing. However, NCSBA has been told by budget writers that the budget is unlikely to be finalized this month.

The light legislative week didn’t provide a respite from House members trying to move forward with an extremely controversial education bill. SB 90: Searches of Student’s Person was scheduled to be heard in the House K-12 Education Committee meeting on Wednesday, July 12.

Late Tuesday evening, House Education K-12 Committee members received an amended version of the bill. It went from a one part, two paragraph bill to 16 parts and 26 pages. Provisions include:

  • Open enrollment – Districts would be forced to accept students from other districts. Charging tuition would be prohibited. In some cases, out of district students will be given priority in a school over students who live in the district.
  • Requires termination or significant pay reduction of local superintendents if five parents obtain affidavits showing their fundamental right to parent was violated.

The bill was posted to the committee website, but it was never formally introduced. The bill was pulled from the committee’s agenda shortly before the meeting started. NCSBA has learned there are efforts to bring the bill back before the committee. The timing is unclear, but it could be as soon as next week. The GR team will stay on top of this issue and will keep you updated. Click here for an official summary of the amended bill.

Just like the waves on Wrightsville Beach, the gubernatorial vetoes keep rolling in this summer. The latest bill to get the Governor’s stamp of disapproval is HB 618: Charter School Review Board. The legislation moves the charter school approval process away from the State Board of Education to a Charter School Review Board, the majority of whose appointments are controlled by the legislature.

In his veto message, Governor Cooper said, “The North Carolina Constitution clearly gives the State Board of Education oversight authority for public schools, including charter schools. This bill is a legislative power grab that turns responsibility over to a commission of political friends and extremists appointed by Republican legislators, making it more likely that faulty or failing charter schools will be allowed to operate and shortchange their students.”

The House had initially planned to conduct veto override votes on Wednesday, July 12, pertaining to multiple bills, namely  HB 618: Charter School Review Board and HB 574: Fairness in Women’s Sports Act. However, these votes were subsequently removed from the House calendar and have been rescheduled for Wednesday, July 19. Additionally, the Governor’s veto of SB 49: Parents’ Bill of Rights still remains in the Committee on Rules and Operations of the Senate.

Throughout this legislative session, the Governor has vetoed a total of 13 bills. Out of these 13 bills, nine have undergone a veto override vote, with all of them being successfully overridden.

Statewide Education Bills Signed by Governor Since Last Week’s Update
HB 605: School Threat Assessment Teams (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Tricia Cotham, R-Mecklenburg)

  • Established threat assessment teams in public school units (PSUs)
  • Establishes peer-to-peer counseling in PSUs
  • Clarifies that the Department of Public Instruction shall participate in the adoption of policies regarding placement and contents of school crisis kits in PSUs
  • Expands law enforcement access from only traditional public schools to all PSUs
  • Expands data collection requirements regarding school safety exercises from only traditional public schools to all PSUs
  • Click here for an official bill summary

Statewide Education Bills Vetoed by Governor Since Last Week’s Update

HB 618: Charter School Review Board (primary sponsors: Representatives Tricia Cotham, R-Mecklenburg; Tim Moore, R-Cleveland; Destin Hall, R-Caldwell; David Willis, R-Union)

  • Similar to section 7.39 in the House Budget
  • Converts the Charter Schools Advisory Board into the Charter Schools Review Board
  • Shifts authority to approve or deny charters from the State Board of Education to a legislatively controlled (8 of 11 appointments) Review Board with a right of appeal by an applicant, charter school, or the State Superintendent to the State Board of Education
  • Changes the Superintendent of Public Instruction from a voting member to a nonvoting member
  • Click here for an official bill summary

Statewide Education Bills Sent to Governor

HB 219: Charter School Omnibus Act (primary sponsors Representatives John Torbett, R-Gaston; John Bradford, R-Mecklenburg; David Willis, R-Union; and Jason Saine, R-Lincoln)

  • House voted to concur 61-41 with Senate changes
  • Prohibits any consideration of the impact to an LEA when deciding whether to grant, renew, amend, or terminate a charter
  • Removes restrictions of student enrollment growth for charters that are not low-performing
  • Allows SBE to consider whether a low-performing charter school can increase their enrollment greater than 20%
  • Allows charter schools to admit out-of-state students and foreign exchange students if it is unable to meet its enrollment capacity with qualified in-state students
  • Allows pre-lottery admissions to charters for (i) certain preschools with agreements with the charter and (ii) children of active-duty military
  • Prohibits local boards of education from considering a student’s current or prior enrollment in a charter school in determining admissions or eligibility to any school or special program .
  • Allows counties to appropriate funds for property taxes to fund charter school capital needs.
  • Amended in the Senate to include:
  • Establishes a pilot program to allow Central Park Schools for Children in Durham to expand the weighted lottery to include factors to assist educationally or economically disadvantaged students, including walk zones
  • Provides for conforming changes if House Bill 618 – Charter School Review Board becomes law
  • Removes a high school athletics provision that would have prohibited charter and private schools from competing in the 1A playoffs against traditional public schools
  • Click here for the latest bill summary

Bills Passed By House Committees

SB 193: Career Development Plans (primary sponsors: Senators Amy Galey, R-Alamance; Michael Lee, R-New Hanover)

  • Passed by Education K-12 Committee
  • Requires middle and high school students to complete career development plans by the end of 7th grade and revise those plans by the end of 10th grade
  • Requires DPI to study the creation of individual graduation plans for students
  • Requires the State Board of Education to establish a pilot with at least 20 LEAs during the 2023-24 school year with a statewide rollout in 2024-25
  • Click here for an official bill summary

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

July 10, 2023 Weekly Report

USDA Provides $1.3 Billion For School Meals: The US Department of Agriculture is providing $1.3 billion to states  for the purchase of domestic foods to be distributed to schools. The additional funding is needed to address elevated food and labor costs that will continue to affect school meal programs into the 2023-24 school year, when schools will lose the added, temporary financial support Congress had authorized for the 2022-23 school year in the bipartisan Keep Kids Fed Act of 2022. North Carolina’s portion of that funding is $35.2 million.

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

State News
EdNC: NC School Superintendents Association Announces Leadership Awards
North State Journal: Saine Talks Long Session, Biggest Bills and Keeping It Running
WRAL: New NC School Bill Would Give Parents More Power To Challenge School Leaders’ Choices
WRAL: Bill To OK Tax Money For Charter School Construction Clears NC Legislature
NC Newsline: July Surprise. GOP Lawmakers Unveil Sweeping Bill To Remake Public Education in NC

National News
K-12 Dive: FCC Chair Proposes $200M Investment To Boost K-12 Cybersecurity
K-12 Dive: Students Need Over 4 Months Of Extra Learning To Return To Pre-Pandemic Math, Reading Achievement
Medicaid.Gov: CMS Launches School Based Services Technical Assistance Center
New York Times: US Students Progress Stagnated Last School Year Study Finds
Washington Post: How To Fix Damage Done To Schools By Federal School Reform Laws

No education-related committee meetings have been scheduled at this time.
Bruce Mildwurf
Director of Governmental Relations
NC School Boards Association
bmildwurf@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

Christina DavoileNCSBA Legislative Update – July 14, 2023
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NCSBA Legislative Update – July 7, 2023

NCSBA Legislative Update – July 7, 2023

The North Carolina General Assembly took a break this week for the 4th of July holiday, but the week was far from quiet as the Governor vetoed three bills – two of which directly affect school districts.

In Governor Cooper’s veto message on SB 49: Parents Bill of Rights he said, “The rights of parents are well established within state law, so instead of burdening schools with their political culture wars, legislators should help them with better teacher pay and more investments in students.”

Regarding HB 574: Fairness In Women’s Sports Act, Governor Cooper’s veto message said, “We don’t need politicians inflaming their political culture wars by making broad, uninformed decisions about an extremely small number of vulnerable children that are already handled by a robust system that relies on parents, schools, and sports organizations.”

The Governor also vetoed HB 808: Gender Transition/Minors, which prohibits medical gender transition procedures from being performed on minors. Due to the Republican supermajorities in both chambers, all three vetoes are highly likely to be overridden. Two of the bills, HB 574 and HB 808 are already on the House calendar for Wednesday, July 12. SB 49 has been referred to the Committee on Rules and Operations of the Senate.

Statewide Education Bills Vetoed by Governor

SB 49: Parents’ Bill of Rights (primary sponsors: Senators Amy Galey, R-Alamance; Michael Lee, R-New Hanover; Lisa Barnes, R-Nash)

  • Requires public school units (PSUs) to establish policies and provide information intended to promote parent involvement, strengthen parent participation, and improve student achievement
  • Many new policies apply beginning with the 2023-24 school year. However, there are serious timing issues that NCSBA is working to address
    • By the time SB 49 becomes law, thousands of students across the state will have already started the 2023-24 school year
    • The State Board of Education must first address certain requirements – which has not yet happened – before PSUs can develop and adopt certain policies
  • Enlists specific parental rights pertaining to their child’s education, health, privacy, and safety
  • Establishes a process and timelines regarding parental access to information about books and other instructional materials
  • Requires parental notification prior to changes in the name or pronoun used for a student in school records or by school personnel
  • Instruction on gender identity, sexual activity, and sexuality is not permitted in the curriculum provided in kindergarten through fourth grade
  • The final version passed in both chambers and addressed several concerns raised by NCSBA, including important technical changes and the exemption of security recordings on school transportation that would otherwise have been prohibited without parent consent
  • Subject to veto override
  • Click here for an official bill summary

HB 574: Fairness in Women’s Sports Act (primary sponsors: Representatives Jennifer Balkcom, R-Henderson; Karl Gillespie, R-Macon; Erin Pare, R-Wake; Kristen Baker, R-Cabarrus)

  • Prohibits biological male students from playing on middle school, high school, or collegiate athletics teams designated for biological female students
  • Recognizes a student’s sex solely based on the student’s reproductive biology and genetics at birth
  • Creates a civil cause of action for students who are harmed as a result of a violation of the bill or who are retaliated against for reporting violations
  • Creates a civil cause of action for public school units that suffer harm as a result of following the requirements of the bill
  • Removes restrictions on females from participating in male sports
  • Removes collegiate intramurals from sports teams subject to the bill
  • Subject to veto override
  • Click here for an official bill summary

State Board of Education Monthly Meeting

The State Board of Education met remotely Thursday.  The Board approved the following:

  • Read to Achieve Policy Amendment
  • Annual Update of Read to Achieve Implementation Guide (2023-2024)
  • Seven New Charter Schools
  • Repeal of SBE Policies related to the NC Innovative School District
  • Financial and Business Services’ Manuals
  • Award of Innovative Partnership Grants
  • USDA Fresh Fruit and Vegetable Program Grant Funding Recommendations

Read to Achieve Policy Amendment:The State Board amended this policy to add students retained in first grade so that funds can be used for students who are retained in 1st, 2nd, or 3rd grade and then retained again in 3rd grade. For more information see presentation here.

Annual Update of Read to Achieve Implementation Guide (2023-2024):  The State Board approved the 2023-2024 Read to Achieve Implementation Guide. Specific sections of the Implementation Guide are updated annually. For changes see here and here. For updated 2023-24 Plan Guide approved see here.

Seven New Charter Schools:  The State Board of Education followed the Charter School Advisory Board’s recommendation to approve seven new charter schools to open this fall. For more information see here. These new charter schools are located in Wayne, Asheville, Mecklenburg, Chatham, and Rockingham Counties.

Repeal of SBE Policies related to the NC Innovative School District: The sunset date of June 30, 2023, for the statute that created this program prompted the repeal of policies related to the legislation. The Southside Ashpole School has transitioned back into the Robeson County School System.

Financial and Business Services’ Manuals:  The Board pre-approved these
manuals to allow DPI to incorporate legislative changes, distribute resources, and disseminate the manuals to schools in a timely manner.

Award of Innovative Partnership Grants: After a detailed competitive application process, 15 schools will receive discretionary federal funds available under federal law for schools identified as eligible for comprehensive support and improvement.  Schools can use some of the funds to partner with external groups for additional support. See here for the full report.

USDA Fresh Fruit and Vegetable Program Grant Funding Recommendations: The Board approved the distribution of the annual grant funding to all of the 262 elementary schools selected for participation in the FFVP for the 2023-24 school year. For a full list of elementary schools receiving the grant see here.

The Board also approved several items reviewed at the meeting last month as follows:

  • Middle/High School Athletic Manual was revised to add mercy rules so schools can waive student eligibility requirements when needed.
  • Update to Licensure Testing Requirements was approved to reflect vendor updates to ETS Praxis, clarify the pedagogy assessment for secondary licensure areas, and retire the Foundations of Reading Test 090 by July 31, 2023.
  • Licensure Requirements for Service Members/Spouses were added to allow service members and their spouses to use an educator’s license from another state to teach while they are under military orders to be in North Carolina.
  • Teacher Bonus Program 2021-2022 Fiscal Year Report to General Assembly was approved to provide information requested by the General Assembly on the effect of  the teacher bonus program on teacher performance and retention.
  • Science Standards were approved to communicate what students are expected to know and be able to do by the end of each grade level or course.

This month, the Board also received reports on the following:

  • Standard Course of Study Revision Update
  • Outcomes for Central Carolina Teaching Initiative (CCTI)
  • Paid Parental Leave

Standard Course of Study Revision Update:  DPI staff provided the monthly update on the progress of revising standards for K-12 Healthful Living, K-12 Arts, K-12 Guidance, and K-12 World Language standards. DPI reports it has released several stakeholder surveys on healthful living standards and continues to gather data regarding the American School Counselor Association Student Mindsets and Behaviors. For the presentation see here. For the 2023 Internal Procedures Manual on the North Carolina Standard Course of Study see here.

Outcomes for Central Carolina Teaching Initiative (CCTI):  In 2016, after issuing a request for proposals for school districts to initiate their own teacher preparation programs, one of two groups the SBE awarded the opportunity to was the Central Carolina Regional Education Service Alliance. This group of 16 member districts created Central Carolina Teaching Initiative (CCTI) to prepare teachers to meet the demand in subject-areas needed in the participating districts. The Education Policy Initiative at Carolina has issued this external evaluation of the program.  This grant has been retired and this is the final report. To read it, click here.

Paid Parental Leave: The Board reviewed draft temporary administrative rules and an amendment to the N.C. Public School Employees Benefit and Employment Policies to respond to legislation from the general assembly providing paid parental leave for state employees, including public school employees. For more information see here.  DPI staff indicated there will be a statewide webinar for all HR directors on July 10 which will include this information.

Because Congress is also on a July 4th break, there is no Consortium of State School Boards Association (COSSBA) federal education report this week.

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

State News
Carolina Journal: NC Appeals Court Rules Orange County Might Have To Refund Some School Impact Fees
North State Journal: Lawmakers Continue Override Streak of Cooper Vetoes
WFAE: NC Governor Vetoes Three LGBTQ Bills But Overrides Are Likely
WFAE: State Names More Private Schools Cut Off From Public Voucher Program
News & Observer: New Paid Parental Leave Rules Are Coming For NC Teachers. Here’s What To Know

National News
K-12 Dive: Ed Dept Says Some ARP-Funded Activities May Extend Beyond Liquidation Deadline
Education Week: Conservatives Renew Call To End US Education Department at Moms For Liberty Summit
New York Times: Moms for Liberty School Board Antagonism Draws GOP Heavyweights

The House Education-K-12 Committee is scheduled to meet next Tuesday, July 11 at 1:00 pm in Room 643 of the Legislative Office Building. The following bill is scheduled to be heard:

SB 90: Searches of Student’s Person (primary sponsors: Senators Michael Lazzara, R-Onslow; Amy Galey, R-Alamance; Vicki Sawyer, R-Iredell)

  • Requires public school units to adopt a policy on school officials searching students consistent with State and federal law
  • Requires searches of a student to be conducted in private by one school official and one adult witness who are the same sex as the student being searched
  • Click here for an official bill summary

To livestream the hearing, click here.

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

Christina DavoileNCSBA Legislative Update – July 7, 2023
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NCSBA Legislative Update – June 23, 2023

NCSBA Legislative Update – June 23, 2023

As we referenced last week, SB 49: Parents’ Bill of Rights is on the move.  Passed by the Senate in the depths of winter, the House has decided to bring it forward for a spring thaw. The House’s version of SB 49, edition 2 is very similar to that of the Senate’s version. They both enumerate certain rights of parents related to education, health, privacy, and safety of their child – many of which are in existing law. While bill sponsors say that SB 49 prioritizes parental involvement and increases transparency, critics claim the bill will cause harm to some students.
Budget negotiations continue between the House and Senate. According to a statement made by House Speaker Tim Moore during session on Thursday, the state budget will not be finalized by July 1.

Education Bills Approved by House Committees

Education K-12

SB 49: Parents’ Bill of Rights (primary sponsors: Senators Amy Galey, R-Alamance; Michael Lee, R-New Hanover; Lisa Barnes, R-Nash)
SB 49 creates additional rights for parents regarding their child’s education and lists numerous existing rights. Below are a few of the provisions included in the 11-page bill.

  • Establishes a process and timelines to address parental requests for information
  • Establishes a process and timelines for a parent to share concerns about a procedure or practice, as well as a process for resolving those concerns
  • Requires public school units (PSUs) to provide parents with a written annual parent’s guide for student achievement
  • Requires PSUs to develop policies to increase parental involvement in schools
  • Prohibits instruction on gender identity, sexual activity, or sexuality from being included in K-4 curriculum
  • Requires school staff to notify parents prior to any changes in a student’s name or pronouns or if a student seeks mental health services, with some exceptions, such as the belief that disclosure could result in child abuse or neglect
  • Along with technical changes, the House version exempts security recordings on school transportation from the prohibition on government recordings of minors without parental consent.

Next stop is the Committee on Rules, Calendar & Operations of the House. Click here for an official bill summary.

HB 686: Civil Rights Education (primary sponsors: Representatives Jon Hardister, R-Guilford; Hugh Blackwell, R-Burke; Amos Quick, D-Guilford)

  • Provides comprehensive civil rights education to every student in middle and high school by requiring it to be included in the standard course of study
  • Appropriates $250,000 to Department of Public Instruction for implementation [The House budget (HB 259, Third Ed.) includes a $350,000 one-time grant to the Clarence Henderson Education Foundation to develop and implement a program to teach public school students about NC’s Civil Rights history.]
  • Next stop is House Appropriations Committee
  • Click here for an official bill summary

Health

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 State Board of Education to adopt rules for the installation, use, and maintenance of automatic external defibrillators (AEDs) in public school units, including:
  • At least 2 AEDs in each school
  • Implementation of an appropriate training course
  • Appropriates $9.2 million in nonrecurring federal ARPA funds to be allocated by DPI on a first-come, first-served basis for the 2023-24 fiscal year
  • Next stop is House Appropriations Committee

Judiciary 2

HB 563: Regulate Hemp-Derived Consumables & Kratom (primary sponsors Jeffrey McNeeley R-Iredell; Wayne Sasser R-Stanly; Tricia Cotham R-Mecklenburg; Ken Fontenot R-Wilson)

  • Requires governing bodies of public school units to adopt a written policy prohibiting the use of hemp-derived consumable products at all times on school property, including school sponsored events at another location when in the presence of students or school personnel.
  • Effective when it becomes law and applies beginning with the 2023-2024 school year
  • Click here for an official bill summary
  • Next stop is House Appropriations Committee

Education Bills Approved by Senate Committees

Pensions and Retirement and Aging

HB 142: Protect Our Students Act (primary sponsors: Representatives John Torbett, R-Gaston; Kristin Baker, R-Cabarrus; Jake Johnson, R-Polk; Keith Kidwell, R-Beaufort)

  • An agency bill supported by DPI and the State Superintendent
  • Increases penalties for all sex offenses by school personnel against a student
  • Modifies the definition of a student in cases of sexual crimes against a student by school personnel
  • Increases penalties for failing to report misconduct toward children
  • Requires public school units to show 6th-12 graders age-appropriate videos produced by the Center for Safer Schools which include information on sex abuse.
  • Requires school employees convicted of certain felonies involving a student to forfeit the portion of their state-funded retirement benefits
  • Next stop is Committee on Rules and Operations of the Senate
  • Click here for an official bill summary

Finance/Rules and Operations of the Senate

SB 99: Bond Referendum Transparency (primary sponsors: Senators Todd Johnson, R-Union; Carl Ford, R-Rowan; Eddie Settle, R-Wilkes)

  • Passed 33-12 on Second Reading; Third Reading roll call vote to be held on Monday, June 26
  • Requires additional disclosures on bond applications, the order approving the bond application, and on the ballot
  • Requires the amount of property tax increase on the ballot question if known
  • Requires the Local Government Commission to maintain a database of proposed bond issues approved by the Commission
  • Click here for an official bill summary

Education Bills Passed by the Senate

HB 605: School Threat Assessment Teams (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Tricia Cotham, R-Mecklenburg)

  • Passed unanimously 46-0, sent back to House for concurrence
  • Requires public school units to have threat assessment teams
  • Requires (was encourages) all public-school units to participate in school safety exercises and programs
  • Encourages private schools to participate in school safety exercises and programs.
  • Requires local boards of education to establish peer-to-peer support programs at all schools with grades 6 and higher
  • Requires the governing body (e.g., school board) to develop policies for assessment and intervention, not just the individual threat assessment teams
  • Adds a referral to the appropriate law enforcement agency if the individual is not a student.
  • Requires the Center for Safer Schools to develop guidance for the threat assessment teams by 12/31/23
  • Click here for an official bill summary

HB 618: Charter School Review Board (primary sponsors: Representatives Tricia Cotham, R-Mecklenburg; Tim Moore, R-Cleveland; Destin Hall, R-Caldwell; David Willis, R-Union)

  • Passed by a vote of 30-18, sent back to the House for concurrence
  • Similar to section 7.39 in the House Budget
  • Converts the Charter Schools Advisory Board into the Charter Schools Review Board
  • Shifts authority to approve or deny charters from the State Board of Education to a legislatively controlled (8 of 11 appointments) Review Board with a right of appeal by an applicant, charter school, or the State Superintendent to the State Board of Education
  • Changes the Superintendent of Public Instruction from a voting member to a nonvoting member
  • Click here for an official bill summary

Education Bills Passed by the House

SB 411: Various Education Changes (primary sponsors Senators Paul Newton R-Cabarrus, Warren Daniel R-Burke, Ralph Hise R-Mitchell)

  • Passed by a unanimous vote 113-0, sent back to Senate for concurrence
  • Allows home school students to participate in the PSAT, the PreACT, AP exams, and any other advanced course examination offered by a local school district if certain requirements are met
  • Allows a school district to charge the cost of the test to the student’s parent
  • Changes made by the House include
  • Added language from HB 172: Samantha Rose Davis Act (primary sponsors: Representative Keith Kidwell, R-Beaufort, Jon Hardister R-Guilford, Brian Biggs R-Randolph, Celeste Cairns R-Carteret)
  • Requires State Board of Education to adopt rules for PSUs to follow regarding medical condition plans for students that require them
  • Requires each school to have at least one employee trained in lifesaving and first aid techniques
  • Added language from 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 parents of students who require nursing care under their IEP to choose their nurse, provided:
  • The child’s IEP requires nursing services
  • The child received nursing services from the nurse (i) prior to the nursing services being required by the child’s IEP or (ii) prior to the child enrolling at his or her current school.
  • Issues with HB 150 include: Nursing services for students with disabilities are often paid using federal IDEA funds. Depending on the amount of the expenditure, the federal government may require a competitive bid process to award a contract that will be paid using the IDEA funds. Contracts for services to be provided by nurses chosen by parents will not go through a competitive purchasing process. Therefore, school districts will need to ensure that either (1) the cost of the services falls below the threshold for mandatory competitive bidding; or (2) if competitive bidding would be required, the contract is paid with non-federal (state or local) funds. The bill sponsor stated districts will not receive additional state funding for these nurses.

Statewide Bills Sent to Governor

HB 574: Fairness in Women’s Sports Act (primary sponsors: Representatives Jennifer Balkcom, R-Henderson; Karl Gillespie, R-Macon; Erin Pare, R-Wake; Kristen Baker, R-Cabarrus)

  • Passed by a vote of 31-17, House concurred by a vote of 63-42
  • Prohibits biological male students from playing on middle school, high school, or collegiate athletics teams designated for biological female students
  • Recognizes a student’s sex solely based on the student’s reproductive biology and genetics at birth
  • Creates a civil cause of action for students who are harmed as a result of a violation of the bill or who are retaliated against for reporting violations
  • Creates a civil cause of action for public school units that suffer harm as a result of following the requirements of the bill
  • Removes restrictions on females from participating in male sports
  • Removes collegiate intramurals from sports teams subject to the bill
  • Click here for an official bill summary

Statewide Bills Signed by the Governor

SB 729: CBBC Working Group Changes (primary sponsors: Senators Jim Burgin, R-Harnett; Joyce Krawiec, R-Forsyth; Carl Ford, R-Rowan)

  • Passed the Senate 42-0 and the House 114-0
  • Amends the anti-pension spiking contribution-based benefit cap (CBBC) law for school systems as brought forward by the working group established by S.L. 2021-72
  • Provides additional tools to resolve disputed applications of the anti-pension spiking laws
  • Note: NCSBA had been in negotiations with the State Retirement System for roughly 18 months to improve the anti-pension spiking 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
The following is the Consortium of State School Boards Association’s (COSSBA) most recent federal education report.

June 19, 2023, Weekly Report
Headlines for this edition include:

Education Budget Battle Continues: While a crisis was averted regarding the federal government shut-down, the victory is only temporary as Congress works on the FY2023-24 budget. House Appropriations Chair Kay Granger (R-TX) has indicated that she’d like non-defense spending to remain at FY2022 levels.  She set the level for the Labor, Health and Human Services and Education Appropriations Subcommittee at $60 billion below its FY 2023 level of $207 billion in discretionary funding, a reduction of almost 30%.

While those proposed cuts are troubling, they are also dead on arrival in the Democratic-controlled Senate. The stark differences in the two chambers could lead to another budget stalemate.

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

State News
Carolina Journal: Senate Passes Bill Barring Biological Males From Females’ Sports
WRAL: Task Force for Safer Schools Explains Latest Data School Shooter Threats, Steps Taken To Prevent Students
WRAL: State Plans 3 Steps – Education, Staff, Understanding to Curb Threats Against Schools
WUNC: North Carolina House Revives LGBTQ+ Education Limits In Final Days of Session

National News
K-12 Dive: House Committee Votes to Yank Federal Funding From Schools Used As Migrant Shelters
New York Times: What the New, Low Test Scores for 13-Year Olds Say About U.S. Education Now
USA Today: Distracted Students and Stressed Teachers: What An American School Day Looks Like Post-Covid

No education-related committees have been scheduled at this time. 
Bruce Mildwurf
Director of Governmental Relations
NC School Boards Association
bmildwurf@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

Christina DavoileNCSBA Legislative Update – June 23, 2023
read more
NCSBA Legislative Update – June 16, 2023

NCSBA Legislative Update – June 16, 2023

This week, the dedicated conferees persisted in their negotiations to shape the state budget. The burning question on everyone’s mind is whether the budget will pass before the start of the new fiscal year. According to our latest information, the earliest likelihood of the final budget reaching a voting stage falls within the last week of June. However, we must also acknowledge the probability that the completion of this vital task may extend into the month of July. Let us remain optimistic as we eagerly await the culmination of these negotiations and the subsequent progress it could bring.

Amidst the ongoing budget negotiations, it’s worth noting the education-related legislation that remains in motion within each chamber. One such bill is SB 49: Parents’ Bill of Rights. Stuck in the House Rules committee for more than 4 months, SB 49 was moved to the House Education committee on Wednesday. This is a signal that the House will soon be prepared to publicly share its version of the bill. At this point, we’re not exactly sure when, but it’s just a matter of time. Below, are other educated-related bills with action this week.

Education Bills Approved by Senate Committees

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)

  • Approved by Senate Education/Higher Education Committee, referred to Senate Pensions and Retirement and Aging Committee
  • An agency bill supported by DPI and the State Superintendent
  • Increases penalties for all sex offenses by school personnel against a student
  • Modifies the definition of a student in cases of sexual crimes against a student by school personnel
  • Increases penalties for failing to report misconduct toward children
  • Requires public school units to show 6th-12 graders age-appropriate videos produced by the Center for Safer Schools which include information on sex abuse.
  • School employees convicted of certain felonies involving a student will forfeit their retirement benefits
  • 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)

  • Approved by Senate Education/Higher Education Committee
  • Requires public school units to have threat assessment teams
  • Requires (was encourages) all public-school units to participate in school safety exercises and programs
  • Encourages private schools to participate in school safety exercises and programs.
  • Requires local boards of education to establish peer-to-peer support programs at all schools with grades 6 and higher
  • Requires the governing body (e.g., school board) to develop policies for assessment and intervention, not just the individual threat assessment teams
  • Adds a referral to the appropriate law enforcement agency if the individual is not a student.
  • Requires the Center for Safer Schools to develop guidance for the threat assessment teams by 12/31/23
  • Click here for an official bill summary

HB 618: Charter School Review Board (primary sponsors: Representatives Tricia Cotham, R-Mecklenburg; Tim Moore, R-Cleveland; Destin Hall, R-Caldwell; David Willis, R-Union)

  • Approved by Senate Education/Higher Education Committee then by Committee on Rules and Operations of the Senate
  • Next stop is Senate floor
  • Similar to section 7.39 in the House Budget
  • Converts the Charter Schools Advisory Board into the Charter Schools Review Board
  • Shifts authority to approve charters from the State Board of Education to a legislatively controlled (8 of 11 appointments) Review Board with a right of appeal by an applicant, charter school or the State Superintendent to the State Board of Education
  • Transitions the Superintendent of Public Instruction from a voting member to a nonvoting member
  • Click here for an official bill summary

HB 574: Fairness in Women’s Sports Act (primary sponsors: Representatives Jennifer Balkcom, R- Henderson; Karl Gillespie, R-Macon; Erin Pare, R-Wake; Kristen Baker, R-Cabarrus)

  • Approved by Senate Education/Higher Education Committee then by Committee on Rules and Operations of the Senate
  • Next stop is Senate floor
  • Prohibits biological male students from playing on middle school, high school, or collegiate athletics teams designated for biological females, women, or girls
  • Creates a civil cause of action for students who are harmed as a result of a violation of the bill or who are retaliated against for reporting violations
  • Creates a civil cause of action for public school units that suffer harm as a result of following the requirements of the bill
  • Removes restrictions on females from participating on male sports teams
  • Removes collegiate intramurals from sports teams subject to the bill
  • Click here for an official bill summary

Statewide Bills Signed by the Governor

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) 

  • SL 2023-43
  • Passed the House 114-0 and the Senate 43-0
  • Allows American Indian students to wear objects of cultural significance at public school graduation ceremonies
  • Click here for an official bill summary

Local Bills Passed Into Law
HB 308: Alexander County Board of Education Referendum (primary sponsor: Representative Jeffrey Elmore, R-Wilkes) 

  • S.L. 2023-41
  • Provides for the partisan election of the Alexander County Board of Education, subject to voter approval in a county-wide referendum held at the time of the general election in 2024
  • Click here for an official bill summary

Local Bills That Failed Concurrence Vote

HB 31: Rowan-Salisbury Board of Education Partisan (primary sponsor: Representative  Warren, R-Rowan)

  • House voted not to concur, bill goes to Conference Committee to negotiate differences between House and Senate versions
  • Language added by the Senate provides for partisan elections for the members of the Rowan-Salisbury Board of Education beginning in 2024
  • Allows school board to revise residency districts if an adjustment is required for a change in attendance zones
  • Click here for an official bill summary
The following is the Consortium of State School Boards Association’s (COSSBA) most recent federal education report.

June 12, 2023, Weekly Report
Headlines for this edition include:

Education Department Opens Applications for Full Service Community Schools Grants:  The department is now accepting grant applications for the Full Service Community Schools (FSCS) program. The program receives $73.8 million in federal funding and is intended to support academic acceleration and provides academic and whole child supports to build and strengthen connections between schools, parents, families, and their surrounding communities.  To read more about the grant applications, click here.

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

State News
EdNC: Why Is There a State of Emergency for Public Education in North Carolina, What You Need to Know and What We Are Hearing
EdNC: State Board Chair Expresses Concerns About Legislation That Would Impact Schools and Communities
WFAE: Report Says NC Universities Do Better Than Most At Preparing Teachers To Help Kids Read
WRAL: It’s Substantial – 20 School Systems Could Lose Millions of Dollars Towards Educator Pay
Governor’s Press Release: Education Leaders in 25+ School Districts Speak Out Against NC General Assembly’s Extreme Plans to Gut Funding For Public Education

National News
K-12 Dive: Students Grade Schools Higher on Safety, Respecting Their Identities
New York Times: New A.I. ChatBot Tutors Could Upend Student Learning
Chalkbeat: A North Carolina School District To Educators to ‘Out’ Trans Students – Will Some Refuse?
EPA Press Release: EPA and Congressional Officials Encourage Grant Applications For Zero Emission School Buses
House Judiciary Committee Press Release: Chairman Jordan Expands Investigation Into Biden Targeting Parents At School Board Meetings

The Senate Committee on Pensions and Retirement and Aging will meet on Wednesday, June 21 at 2pm in Room 1124/1224 of the Legislative Building.  The following bill is scheduled to be heard:

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)

  • An agency bill supported by DPI and the State Superintendent
  • Increases penalties for all sex offenses by school personnel against a student
  • Modifies the definition of a student in cases of sexual crimes against a student by school personnel
  • Increases penalties for failing to report misconduct toward children
  • Requires public school units to show 6th-12 graders age-appropriate videos produced by the Center for Safer Schools which include information on sex abuse.
  • School employees convicted of certain felonies involving a student will forfeit their retirement benefits
  • Click here for an official bill summary

To livestream the meeting, click here.

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

Christina DavoileNCSBA Legislative Update – June 16, 2023
read more
NCSBA Legislative Update – June 9, 2023

NCSBA Legislative Update – June 9, 2023

In the recent budget negotiations between the House and Senate at the North Carolina General Assembly, the words of country music singer Charlie Rich, “No one knows what goes on behind closed doors,” ring true.

Although it is difficult to ascertain the exact details, there are signs that the negotiations may be experiencing some delays due to a few critical points of contention. We hear they are far apart on various issues, which is no surprise given that their proposed budgets were very far apart. After the Senate passed their budget less than a month ago, senators told us they were optimistic a budget deal would be announced next week. House members are now telling us that is highly unlikely. We are hearing that they are extremely close to a deal on pay raises. Sounds like neither chamber is getting what they proposed.

With North Carolina’s fiscal year coming to an end on June 30 and the new one commencing on July 1, time is of the essence for the budget negotiations. The outcome of these closed-door discussions will have far-reaching implications for the state’s financial landscape for at least the next two years.

School Calendar

The Department of Public Instruction and State Board of Education have jointly released the annual report outlining the start and end dates of the instructional calendar for students in the fiscal year 2023-24. As to the next step in the process, the Board is required to submit this report to the Joint Legislative Education Oversight Committee by June 15th. Notably, 15 districts spanning across a dozen counties have opted to commence the school year before the date of August 28. These districts are as follows:

Cabarrus County, Cleveland County, Edgecombe County, Elkin City, Gaston County, Henderson County, Iredell-Statesville, Kannapolis City Schools, Lee County, Lincoln County, Mount Airy City, Polk County, Rutherford County, Stanly County, Surry County

During this legislative session, there were school calendar bills introduced impacting 56 school districts, which accounts for nearly half of the districts in the state. For a comprehensive list of these bills/districts, you can click here.

Education Bills Approved by House Committees

HB 640: Career Path Options Transparency Act (primary sponsors: Representatives Jake Johnson, R-Polk; Matthew Winslow, R-Franklin; Steve Tyson, R-Craven; Erin Pare, R-Wake)

  • Approved by the House Education Universities Committee
  • Requires the North Carolina State Education Assistance Authority (NCSEAA) to provide information on employment needs for each prosperity zone
    • The state operates eight administrative regions known as Prosperity Zones.
    • Each Zone features a one-stop, physical location, providing citizens and businesses the ability to interact with representatives from multiple state agencies, as well as to encourage better collaboration between the agencies themselves.
  • Requires NCSEAA to provide outcomes data for vocational and technical schools through the “Know Before You Go” website
  • Requires 10th grade students to be provided certain information about postsecondary education and career options
  • Creates a grant program for local boards of education to use to provide 10th grade students the information
  • Click here for an official bill summary

Statewide & Local Education Bills 

STATEWIDE BILLS

Statewide Bills Passed Into Law: 

  • No statewide education bills passed into law this week.

Statewide Bills Sent to Governor and Awaiting Action: 

SB 729: CBBC Working Group Changes (primary sponsors: Senators Jim Burgin, R-Harnett; Joyce Krawiec, R-Forsyth; Carl Ford, R-Rowan)

  • Passed the Senate 42-0 and the House 114-0
  • Amends the anti-pension spiking contribution-based benefit cap (CBBC) law for school systems as brought forward by the working group established by S.L. 2021-72
  • Provides additional tools to resolve disputed applications of the anti-pension spiking laws
  • Note: NCSBA had been in negotiations with the State Retirement System for roughly 18 months to improve the anti-pension spiking 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
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) 
  • Passed the House 114-0 and the Senate 43-0
  • Allows American Indian students to wear objects of cultural significance at public school graduation ceremonies
  • Click here for an official bill summary
SB 582: North Carolina Farm Act of 2023 (primary sponsors: Senators Brent Jackson, R-Sampson; Norman Sanderson, R-Pamlico; Buck Newton, R-Wilson)
  • Passed the House 77-38 and the Senate voted 37-6 to concur
  • Encourages public schools to strive to make 100 percent muscadine grape juice available to students
  • Click here for an official bill summary

Statewide Bills Sent to House for Consideration: 

SB 675: Land Use Clarification and Changes (primary sponsors: Senators Michael Lee, R-New Hanover; Dave Craven, R-Randolph; Amy Galey, R-Alamance)

  • Passed the Senate 29-14 and sent to the House for consideration
  • Allows the siting of schools via special permit for areas zoned for commercial use
  • Click here for an official bill summary

LOCAL BILLS 

Local Bills Passed Into Law:

HB 66: Boards of Education Elections (primary sponsors: Representatives Jay Adams, R-Catawba; Mitchell Setzer, R-Catawba)

  • S.L. 2023-32
  • Provides for partisan elections for the members of the Catawba Board of Education, Hickory City Board of Education, Newton-Conover City Board of Education
  • Polk County Board of Education was added to the bill, changing the election method to partisan, starting with elections in 2024
  • Requires the Buncombe County Board of Education to establish electoral districts for electing members beginning in 2024. If the Board fails to act, the General Assembly will draw the new districts
  • Provides that members of the Buncombe Board of Education are elected in a nonpartisan primary and election beginning in 2026
  • Click here for an official bill summary

HB 174: Winston-Salem/Forsyth Board or Education/Rural Hall Even-Year  (primary sponsor: Representative Donny Lambeth, R-Forsyth)

  • S.L. 2023-31
  • Staggers the terms of the members of the Winston-Salem/Forsyth County Board of Education beginning in 2024
  • Provides for even-year elections in the Town of Rural Hall
  • Click here for an official bill summary

SB 248: Nash Bd. Of Educ/No. of Members/Districts (primary sponsors: Senators Lisa Barnes, R-Nash; Buck Newton, R-Wilson)

  • Awaiting session law number
  • Decreases the size of the Nash Board of Education to seven members
  • Aligns the districts for the Nash Board of Education with the districts of Nash County Board of Commissioners
  • Provides for the boundaries of the Nash School Administrative Unit to be identical to the boundaries of Nash County, effective July 1, 2024
  • Requires Nash and Edgecombe school boards and county commissioners to submit a written plan to the State Board of Education to transfer that portion of the Nash School Administrative Unit located in Edgecombe County to the Edgecombe County Public School System
  • New section added which provides for partisan elections for the members of the Catawba County Board of Education, Hickory City Board of Education, and Newton-Conover Board of Education
  • Click here for an official bill summary

Local Bills Requiring Concurrence Vote: 

HB 308: Alexander County Board of Education Referendum (primary sponsor: Representative Jeffrey Elmore, R-Wilkes) 

  • Passed the Senate and sent back to the House for concurrence vote
  • Provides for the partisan election of the Alexander County Board of Education, subject to voter approval in a county-wide referendum held at the time of the general election in 2024
  • Click here for an official bill summary

HB 31: Rowan-Salisbury Board of Education Partisan (primary sponsor: Representative Harry Warren, R-Rowan)

  • Passed the Senate and sent back to the House for concurrence vote
  • Provides for partisan elections for the members of the Rowan-Salisbury Board of Education beginning in 2024
  • Allows school board to revise residency districts if an adjustment is required for a change in attendance zones
  • Click here for an official bill summary
The following is the Consortium of State School Boards Association’s (COSSBA) most recent federal education report.
June 5, 2023, Weekly Report
Headlines for this edition include:

Potential Education Impacts to Federal Budget Deal: As the US House and Senate approved language which would raise the nation’s debt ceiling, spending limits adopted for the federal appropriations process could potentially impact education spending.

Education advocates are concerned that the bill’s cap on non-defense discretionary spending will result in cuts to programs, when accounting for inflation, and damage efforts to address the needs of the country’s schools and students. The Committee for Education Funding (CEF) warns that the impact on Department of Education funding when tight non-defense discretionary caps were in place for FYs 2013 through 2021 could return. Education funding was cut and then took six years to return to the 2011 level in nominal dollars. Congress raised the caps every two years, generally providing a boost the first year and then flat funding the second year, and education funding declined the second year each time. CEF warns that the past may be a useful guide for what might lie ahead for appropriations for FY 2024 and FY 2025.

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

State News
Carolina Journal: Greenville, Pitt County School Board Defend Red-Light Cameras At NC Supreme Court
EdNC: State Board Discusses Supply and Demand For Voucher Expansion and the Baseline Costs To Run Public Schools
North State Journal: 336 K-12 Schools Receive Purple Star Designation
WFAE: Defiance of North Carolina’s School Calendar Law Is Growing
WRAL: Cost of College Could Soon Be a 10th Grade Topic In North Carolina

National News 
Education Week: Federal Ruling on Trans Athletes Is Delayed. Here’s What That Means for Schools
Hechinger Report: Inside the Christian Legal Campaign to Return Prayer to Public Schools
Disability Scoop: Medicaid Change Could Mean More Funding for Special Ed Services
New York Times: Schools Received Billions in Stimulus Funds. It May Not Be Doing Enough

As of today, no education-related legislative committee meetings have been scheduled for next week.
Bruce Mildwurf
Director of Governmental Relations
NC School Boards Association
bmildwurf@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

Christina DavoileNCSBA Legislative Update – June 9, 2023
read more