In the midst of an extremely busy week of voting on bills and tying loose ends, both the House and Senate passed the State budget for the 2022-2023 fiscal year. The budget was presented in a conference report, which could not be amended, and passed the House 85-27 and the Senate 38-9.

The total General Fund allocation for the 2022-2023 fiscal year is $27.9 billion, which is said to be a 7.2% increase from the 2021-2022 fiscal year. For K-12 public education, the budget appropriates $11.3 billion, which is a 6.4% increase from the 2021-2022 fiscal year.

The budget provides raises for all school staff, including teachers, noncertified personnel, and principals. While the average raise for teachers is 4.2%, teachers in their first five years of teaching will receive a range of raises from 7.2% to 6.1%, but teachers with 15 or more years of experience will (for the most part) not get more than a 2.7% raise. The budget also includes appropriations for school safety grants, school capital, and broadband expansion. For more information on education provisions included in the budget, click here to access NCSBA’s summaries.

Even though the budget received bipartisan support, both House and Senate Democrats criticized the budget for not utilizing more of the billions of dollars in surplus projected by the State Revenue Consensus Forecast in May. Concerns were also expressed about teacher pay, additional funds going towards the voucher program, and the lack of funding for the Leandro Comprehensive Remedial Plan. To the question of how much funding is in the budget for the Leandro Plan, Senate leader Phil Berger, R-Rockingham, said, “We looked at what the requirements are for funding education in North Carolina, and we appropriated dollars to do that. How that matches up with what a nonprofit from California (WestEd) determined is an appropriate amount, I couldn’t say.”

Governor Roy Cooper has not yet publicly commented on this budget. Now that he has received the budget, the Governor can either sign it, veto it, or take no action and let it become law.

Click here for NCSBA’s summaries of the budget’s education provisions.

Click here for the education appropriations from the budget money report.

Click here for the budget bill (HB 103).

Click here for the full budget money report.

Click here for an article on the education provisions of the budget.

Click here for Senate leader Berger’s press release on the budget’s passage.

Click here for House Speaker Moore’s press release on the budget’s passage.

The Governmental Relations Team is working on a more in-depth summary of the budget’s education provisions, as well as education bills that have become law during this legislative biennium. We will share this summary with you in the coming weeks.

Both the House and Senate passed a joint resolution to adjourn today, July 1, and reconvene July 26, 2022. The resolution lists specific days each month through the rest of year that they will reconvene and adjourn, but it is unclear if there will be legislative action during each of these sessions. The resolution also lists matters that may be considered when the legislature reconvenes, including veto override votes. We will be sure to notify you if the legislature reconvenes and takes action on education issues.

Statewide Education Bills with Action This Week

The conference report for SB 671: Virtual Educ./Remote Acad./Virtual Charters (sponsored by Representative Jeffrey Elmore, R-Wilkes) was adopted by the House (81-27) and Senate (44-0) and presented to the Governor. Although the State budget, which has also been presented to the Governor, includes identical language to SB 671, the conference report for SB 671 was adopted and passed in case the Governor vetoes the budget. SB 671 does the following:

• Allows public school units (PSUs) to continue providing remote instruction for severe weather and other emergencies, using the same number of maximum days allowed during the 2021-2022 school year

• For the 2022-2023 school year,
  • Allows PSUs assigned a separate school code by May 1, 2021, to continue providing virtual instruction
  • Allows PSUs that submitted a virtual instruction plan to DPI for the 2021-2022 school year to continue providing virtual instruction according to that plan
• Beginning with the 2023-2024 school year, if a LEA provides virtual/remote instruction, it is required to be provided through a new type of remote academy
  • Each approved remote academy will receive a separate school code
  • Students can only be enrolled with parental consent
  • Lists requirements for these remote academies and remote academy plans
• Extends the pilot program for the State’s two virtual charter schools from eight to 10 years, ending the pilot with the 2024-2025 school year
  • At the end of the pilot program, allows the two virtual charter schools to apply to the State Board of Education (SBE) for a charter renewal

This new version of SB 671 no longer includes an enrollment cap for the new remote academies. Additionally, the charter school language no longer allows charter school applications to include a request to be a remote academy or existing charter schools to convert to remote academies.

Click here for an official bill summary.

The conference report for HB 159: Education Law Changes was adopted by the House (102-5) and Senate (44-0) and presented to the Governor. The new version of the bill includes the requirement that all PSUs submit a school threat assessment survey to DPI’s Center for Safer Schools by November 15, 2022. This requirement is also included in the State budget but was included in HB 159 in case the Governor vetoes the budget.

HB 159 makes various changes to education laws, including extending the principal licensure waiver from August 31, 2022, to August 31, 2024. This extension was a request of DPI based on a 2021 session law that provided the waiver for certain individuals in the process of becoming a licensed principal and exempted principals granted a license for any school year from 2010-2011 to 2020-2021 from certain statutory licensure requirements. Click here for an official bill summary.

HB 1173: Elect SBE Members/Super as Chair of SBE (primary sponsors: Representatives Hugh Blackwell, R-Burke; John Torbett, R-Gaston; Jon Hardister, R-Guilford; Lee Zachary, R-Yadkin) was approved by the House Education K-12 Committee and House Rules Committee and was also added to the House calendar twice to receive a vote but was withdrawn both times. This bill is a constitutional amendment that would require the election of State Board of Education (SBE) members and make the Superintendent of Public Instruction the chair of the SBE.

The SBE currently has 11 members appointed by the Governor and confirmed by the General Assembly for eight-year terms (eight members are from each of the State’s education regions and three members are at-large). Currently, the State Superintendent is elected to a four-year term and is the Secretary and Chief Administrative Officer of the SBE.

This proposed constitutional amendment would require SBE members to be elected from each of North Carolina’s 14 congressional districts and serve four-year staggered terms. If HB 1173 becomes session law, which would require a 3/5 vote in each chamber, it will be on the ballot in November. Click here for an official bill summary. Click here for an article on HB 1173.

A conference report for SB 496: DOI Omnibus Bill.-AB (primary sponsors: Senators Todd Johnson, R-Union; Chuck Edwards, R-Henderson; Tom McInnis, R-Richmond) was adopted by the House (109-0) and Senate (43-0) and presented to the Governor. Section 6 of the bill requires LEAs to provide the Commissioner of Insurance with a list of all its insurable buildings, equipment and contents of the buildings, and their insurance values by October 1 each year. Section 6 also requires LEAs to provide the Commissioner with copies of insurance policies when purchasing insurance from an authorized company. Click here for an official bill summary.

SB 265: Bond Information Transparency/LGC Toolkit II (primary sponsors: Senators Todd Johnson, R-Union; Carl Ford, R-Rowan) passed the House 111-1, the Senate voted 47-0 to concur with House changes to the bill, and it has been presented to the Governor. SB 265 requires local governments to provide additional disclosures regarding bond referenda and requires more monitoring and oversight of local governments’ financial operations. Click here for an official bill summary.

SB 346: Extended Learning for Elective Courses (sponsored by Representative David Willis, R-Union) was approved by the House Education K-12 Committee and the House Rules Committee, passed the House 112-0, and was not voted on by the Senate for concurrence prior to adjournment. Prior to approval, the House Education K-12 Committee replaced the previous contents of the bill with a bill that authorizes local boards of education to adopt policies establishing requirements for granting elective course credit for certain alternative Career and Technical Education (CTE) opportunities. Click here for an official bill summary.

Retirement Bills with Action This Week

The House voted 106-0 to approve the Senate changes to HB 177: Extend Spiking Moratorium/LGERS Surety, and the bill has been presented to the Governor. HB 177 extends the pension-spiking litigation pause and the report deadline established in a 2021 session law. The report will include recommendations from NCSBA, the NC Department of the State Treasurer, and other organizations that will reduce the number of pension spiking cases and lawsuits. The bill does not allow the Treasurer’s Office to intercept funds during the litigation pause that would have otherwise been directed to a LEA. NCSBA supports HB 177. Click here for an official bill summary.

HB 1056: Ret. & Treasury Admin. Changes Act of 2022.-AB/SL 2022-14 (primary sponsors: Representatives Allen McNeill, R-Randolph; Carson Smith, R-Pender) and HB 1058: Ret. & Treasury Tech. Corrections Act of 2022.-AB/SL 2022-16 (primary sponsors: Representatives Allen McNeill; Carson Smith) were both signed into session law by the Governor.

HB 1058 makes technical corrections and HB 1056 does the following:

• Clarifies that the Local Government Commission can decline to review a LEA’s borrowing request under a guaranteed energy savings contract if the LEA did not submit procurement documents prior to sending out the request for proposal
• Under the Teachers’ and State Employees’ Retirement System (TSERS), allows the Retirement System to correct errors for the “transfer benefit” to allow monies to be returned to supplemental retirement plans (the reversal would include lost earnings)
• Makes changes related to the treatment of inactive employers and deadlines for reactivation under TSERS
• Makes changes related to the establishment of a default option for employing units that fail to select an option for the transfer for remaining assets upon the discontinuation of the Department of State Treasurer-sponsored 403(b) plans
• Makes changes related to the clarification of the eligibility for long-term disability benefits under TSERS

Official bill summaries: HB 1056 and HB 1058.

Local Education Bills with Action This Week

HB 995: Greensboro Deannex/Weldon City Bd of Ed Pay (primary sponsor: Representative Jon Hardister, R-Guilford) passed the Senate, was approved by the House on a concurrence vote, and was chaptered into SL 2022-33. The bill increases the compensation of the chair and members of the Weldon City Board of Education, allows the board to increase the monthly compensation of its members, and allows the board to establish an expense allowance for its members. Click here for an official bill summary.

HB 982: Granville Board of Ed. Terms to Four Years (primary sponsor: Representative Terry Garrison, D-Vance) was modified and approved by the House Local Government Committee and referred to the House Rules Committee. The bill would change the terms for Granville County Board of Education members from six to four years, beginning with the 2024 election. Click here for an official bill summary.

NCSBA Bill Tracking Chart

Click here for a list of education bills that NCSBA is tracking for this legislative biennium.

President Joe Biden signed a bill into law that will extend free universal school meals through the summer. Federal school nutrition waivers were set to expire on June 30, 2022, but the Keep Kids Fed Act extended many of them. In addition to extending free student meals another three months, the Act also extends administrative and reimbursement flexibilities. For more information, click here.

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

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

During Thursday’s House session, Speaker Tim Moore stated that House and Senate budget leaders are in their final hours of negotiations. The budget adjustments are expected to be released and voted on next week. When the budget is released, it will be in a conference report, which means that it cannot be amended. We expect it to include salary increases, school safety provisions, and school capital funds. We will send out a legislative alert when the budget is released, highlighting key education provisions, followed by a more comprehensive summary in next Friday’s legislative update.

With the goal of wrapping of the legislative short session by July 1, we can expect next week to be busy at the legislature. The Senate is scheduled to start its week with a voting session on Monday at 7:00 pm. Speaker Moore said that he does not anticipate votes being taken in Monday’s House session, but if necessary, the House will also have a voting session at 7:00 pm.

Education Bill in Committee Next Week

HB 1173: Elect SBE Members/Super as Chair of SBE (primary sponsors: Representatives Hugh Blackwell, R-Burke; John Torbett, R-Gaston; Jon Hardister, R-Guilford; Lee Zachary, R-Yadkin) is scheduled to be heard in the House Education K-12 Committee meeting on Tuesday, June 28, at 1:00 pm (livestream). This bill is a constitutional amendment that would require the election of State Board of Education (SBE) members and make the Superintendent of Public Instruction the chair of the SBE.

The SBE currently has 11 members appointed by the Governor and confirmed by the General Assembly for eight-year terms (eight members are from each of the State’s education regions and three members are at-large). Currently, the State Superintendent is elected to a four-year term and is the Secretary and Chief Administrative Officer of the SBE.

This proposed constitutional amendment would require SBE members to be elected from each of North Carolina’s 14 congressional districts and serve four-year terms. If HB 1173 becomes session law, it will be on the ballot in November. Over the years, NCSBA has heard concerns from states with a similar structure/method as the one being proposed in this bill.

Statewide Education Bills with Action This Week

House conferees for SB 671: Virtual Educ./Remote Acad./Virtual Charters (sponsored by Representative Jeffrey Elmore, R-Wilkes) were appointed earlier this week and negotiations on a compromise bill are underway. The House conferees are Representatives Jefferey Elmore, R-Wilkes; Jason Saine, R-Lincoln; and John Torbett, R-Gaston. The Senate conferees are Senators Michael Lee, R-New Hanover; Deanna Ballard, R-Watauga; and Don Davis, D-Pitt.

SB 671 contains virtual/remote instruction provisions, including, for the 2022-2023 school year,

• Allows public school units (PSUs) to continue providing remote instruction for severe weather and other emergencies
• Allows PSUs that were assigned a separate school code by May 1, 2021, to continue providing virtual instruction
• Allows PSUs that submitted a virtual instruction plan to DPI for the 2021-2022 school year to continue providing virtual instruction according to that plan

The bill also creates a new type of remote academy for all PSUs, beginning with the 2023-2024 school year. Click here for an official bill summary.

HB 159: Education Law Changes (sponsored by Senator Michael Lee, R-New Hanover) failed to concur in the House, and House conferees were appointed: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Jeffrey Elmore, R-Wilkes; and David Willis, R-Union. On the House floor, Representative Torbett explained that the House did not concur with HB 159 because it will become a K-12 education omnibus bill, and the House has several items it would like to add. The Governmental Relations team is working to find out what provisions will be added.

In its current form, HB 159 makes various “technical” changes to education laws, including extending the principal licensure waiver from August 31, 2022, to August 31, 2024. This extension was a request of DPI based on a 2021 session law that provided the waiver for certain individuals in the process of becoming a licensed principal and exempted principals granted a license for any school year from 2010-2011 to 2020-2021 from certain statutory licensure requirements. Click here for an official bill summary.

SB 496: DOI Omnibus Bill.-AB (primary sponsors: Senators Todd Johnson, R-Union; Chuck Edwards, R-Henderson; Tom McInnis, R-Richmond) failed to concur in the Senate last week and House and Senate conferees were appointed. Section 6 of the bill requires LEAs to provide the Commissioner of Insurance with a list of all its insurable buildings, equipment and contents of the building, and their insurance values by October 1 each year. Section 6 also requires LEAs to provide the Commissioner with copies of insurance policies when purchasing insurance from an authorized company. Click here for an official bill summary.

Retirement Bills with Action This Week

HB 177: Extend Spiking Moratorium/LGERS Surety passed the Senate 37-0 and has been sent to the House for a concurrence vote. Prior to Senate approval, the Senate Pensions and Retirement Committee replaced the original contents of the bill with a bill that extends the pension-spiking litigation pause and the report deadline established in a 2021 session law. The report will include recommendations from NCSBA, the NC Department of the State Treasurer, and other organizations that will reduce the number of pension spiking cases and lawsuits. The bill does not allow the Treasurer’s Office to intercept funds during the litigation pause that would have otherwise been directed to a LEA. NCSBA supports HB 177. Click here for an official bill summary.

HB 1056: Ret. & Treasury Admin. Changes Act of 2022.-AB (primary sponsors: Representatives Allen McNeill, R-Randolph; Carson Smith, R-Pender) and HB 1058: Ret. & Treasury Tech. Corrections Act of 2022.-AB (primary sponsors: Representatives Allen McNeill; Carson Smith) both passed the Senate 37-0 and have been sent to the Governor for his signature.

HB 1058 makes technical corrections and HB 1056 does the following:

• Clarifies that the Local Government Commission can decline to review a LEA’s borrowing request under a guaranteed energy savings contract if the LEA did not submit procurement documents prior to sending out the request for proposal
• Under the Teachers’ and State Employees’ Retirement System (TSERS), allows the Retirement System to correct errors for the “transfer benefit” to allow monies to be returned to supplemental retirement plans (the reversal would include lost earnings)
• Makes changes related to the treatment of inactive employers and deadlines for reactivation under TSERS
• Makes changes related to the establishment of a default option for employing units that fail to select an option for the transfer for remaining assets upon the discontinuation of the Department of State Treasurer-sponsored 403(b) plans
• Makes changes related to the clarification of the eligibility for long-term disability benefits under TSERS

Official bill summaries: HB 1056 and HB 1058.

Local Education Bills with Action This Week

HB 1169: Elect Thomasville City Schools Board Members (primary sponsor: Representative Sam Watford, R-Davidson) passed the House 103-0 and has been sent to the Senate. This bill would change the Thomasville City Schools Board of Education from appointed to (nonpartisan) elected members, beginning in 2023. Click here for an official bill summary.

HB 995: Greensboro Deannex/Weldon City Bd of Ed Pay (primary sponsor: Representative Jon Hardister, R-Guilford) was modified and approved by the Senate Finance Committee and referred to the Senate Rules Committee. The modified version of the bill increases the compensation of the chair and members of the Weldon City Board of Education, allows the board to increase the monthly compensation of its members, and allows the board to establish an expense allowance for its members. Click here for an official bill summary.

NCSBA Bill Tracking Chart

Click here for a list of education bills that NCSBA is tracking for this legislative biennium.

Monday, June 27

5:30 pm – Senate Rules Committee – Legislative Building, rm 1027/1128 (livestream)

• HB 995: Greensboro Deannex/Weldon City Bd of Ed Pay

Tuesday, June 28

9:00 am – House Finance Committee – Legislative Offices Building – rm 643 (livestream)

• SB 265: Bond Info Transparency/LGC Toolkit II

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

• HB 1173: Elect SBE Members/Super as Chair of SBE
• SB 346: Emergency Management Act Revisions. (PCS)
• SB 593: Special Education Due Process Hearings. (PCS)

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

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

Budget Update

House and Senate leaders said that they plan to wrap up negotiations on the budget by next week, with votes expected sometime in the next two weeks. Once a budget agreement is met, House and Senate budget leaders plan to include Governor Roy Cooper in negotiations before publicly releasing the budget. When the budget is released, it will be in a conference report, which means that it cannot be amended. As we mentioned last week, we expect the budget to include pay increases and funding for school safety and capital projects.

Statewide Education Bills with Action This Week

SB 671: Virtual Educ./Remote Acad./Virtual Charters (sponsored by Representative Jeffrey Elmore, R-Wilkes) failed to concur in the Senate after passing the House on a 73-22 vote last week. The Senate members of the conference committee have been appointed: Senators Michael Lee, R-New Hanover; Deanna Ballard, R-Watauga; and Don Davis, D-Pitt. SB 671 contains virtual/remote instruction provisions, including, for the 2022-2023 school year,

• Allows public school units (PSUs) to continue providing remote instruction for severe weather and other emergencies
• Allows PSUs that were assigned a separate school code by May 1, 2021, to continue providing virtual instruction
• Allows PSUs that submitted a virtual instruction plan to DPI for the 2021-2022 school year to continue providing virtual instruction according to that plan

The bill also creates a new type of remote academy for all PSUs, beginning with the 2023-2024 school year. For more information on SB 671, click here to access last week’s legislative update. Click here for an official bill summary.

HB 79: Clarify HS Insurance (sponsored by Senator Vicky Sawyer, R-Iredell) passed the Senate 45-0 and has been referred to the House Rules Committee prior to going to the House floor for a concurrence vote. HB 79 clarifies that PSUs must purchase catastrophic insurance for high school athletics and that PSUs have the option (instead of the requirement) to purchase this catastrophic insurance from the Commissioner of Insurance. It also requires the Commissioner of Insurance to offer accident insurance to PSUs. Click here for an official bill summary.

HB 159: Education Law Changes (sponsored by Senator Michael Lee, R-New Hanover) passed the Senate 45-0 and has been referred to the House Rules Committee prior to going to the House floor for a concurrence vote. HB 159 makes various “technical” changes to education laws, including extending the principal licensure waiver from August 31, 2022, to August 31, 2024. This extension was a request of DPI based on a 2021 session law that provided the waiver for certain individuals in the process of becoming a licensed principal and exempted principals granted a license for any school year from 2010-2011 to 2020-2021 from certain statutory licensure requirements. Click here for an official bill summary.

HB 169: State Health Plan Data Transparency.-AB (primary sponsors: Representatives Edward Goodwin, R-Chowan; Larry Potts, R-Davidson; Terence Everitt, D-Wake; Allison Dahle, D-Wake) passed the Senate 42-0 and has been sent back to the House for a concurrence vote. HB 169 allows the State Health Plan for Teachers and State Employees to access and utilize its own claims payment data while continuing to protect the confidentiality of the information. Click here for an official bill summary.

SB 265: Bond Information Transparency (primary sponsors: Senators Todd Johnson, R-Union; Carl Ford, R-Rowan) was modified and approved by the House Local Government Committee and has been referred to the House Finance Committee. SB 265 requires local governments to provide additional disclosures regarding bond referenda and requires more monitoring and oversight of local governments’ financial operations. Click here for an official bill summary.

Local Education Bills with Action This Week

HB 993: School Calendar Flexibility/Stanly County (primary sponsor: Representative Wayne Sasser, R-Stanly) passed the House 97-3 and has been sent to the Senate. HB 993 would allow the opening date for Stanly County Schools to be no later than the Monday closest to August 15 (instead of the Monday closest to August 26).

HB 1162: Make Catawba Board of Ed. Elections Partisan (primary sponsors: Representatives Jay Adams, R-Catawba; Mitchell Setzer, R-Catawba) passed the House 63-40 and has been sent to the Senate. HB 1162 changes the elections of the Catawba County Board of Education, Newton-Conover City Board of Education, and Hickory Public Schools Board of Education from nonpartisan to partisan.

Joint Legislative Commission on Governmental Operations, Subcommittee on Interscholastic Athletics

The Subcommittee held a meeting on Thursday with State Board of Education Chair Eric Davis, Vice Chair Alan Duncan, and General Counsel Allison Schafer. Legislators asked various questions about the recently approved memorandums of understanding (MOU) for high school interscholastic athletics with the NC High School Athletic Association (NCHSAA) and the Carolina Athletic Association for Schools of Choice (CAASC). The MOUs are required under HB 91: Accountability and Fair Play in Athletics/SL 2021-184, which was a result of an investigation into the NCHSAA over the past few years concerning lack of transparency and accountability. They are effective July 1, 2022, and have four-year terms.

Some legislators continued to express concerns regarding NCHSAA’s financial transparency, as well as transparency around meetings of the NCHSAA. Since NCHSAA does not have to abide by the State’s open meetings law, legislators are worried that there will be continued lack of accountability to the public. Chair Davis assured legislators that the State Board will make sure that NCHSAA’s meetings are conducted in an open fashion, and if not, request additional legislation, if necessary. Click here to access all meeting materials, including the NCHSAA and CAASC MOUs, and click here for an article on the meeting.

The deadline to file bills was weeks ago, but there were still two more education bills filed this week.

Statewide Bill

HB 1173: Elect SBE Members/Super as Chair of SBE (primary sponsors: Representatives Hugh Blackwell, R-Burke; John Torbett, R-Gaston; Jon Hardister, R-Guilford; Lee Zachary, R-Yadkin) is a constitutional amendment that would require the election of State Board of Education (SBE) members and make the Superintendent of Public Instruction the chair of the SBE.

Local Bill

HB 1169: Elect Thomasville City Schools Board Members (primary sponsor: Representative Sam Watford, R-Davidson)

NCSBA Bill Tracking Chart

Click here for a list of education bills that NCSBA is tracking for this legislative biennium.

Following a school nutrition update during the State Board of Education’s (SBE) meeting on June 2, State Superintendent Catherine Truitt and SBE Chair Eric Davis sent the State’s U.S. senators, Richard Burr and Thom Tillis, letters urging them to support federal legislation that would extend school nutrition waivers through September 2023. These waivers, which expire on June 30, 2022, have allowed free meals to be have provided to all children during the COVID-19 pandemic and provided increased reimbursement for school meals.

During the June SBE meeting, DPI’s Director of School Nutrition Services, Dr. Lynn Harvey, explained that local education leaders are bracing for increased food, supply, fuel, and labor costs when these waivers expire. Additional repercussions include a return to stigma experienced by children who receive free or reduced-price meals and an increase in students who are hungry.

The letters sent to Burr and Tillis explain, “The loss of these waivers will devastate school meal programs and threaten their sustainability. School meals will be jeopardized for thousands of North Carolina students who depend upon them as their primary source of food during the week.” Click here for an article on the letters.

Following the submission of roughly 3,500 applications for State Superintendent Catherine Truitt’s Parent Advisory Commission, the names of the 48 Commission members have been released. “This Commission is focused on giving parents a seat at the table and strengthening parent and family involvement in education,” Truitt said. “This commission is a consistent and routine way to ensure we are addressing challenges and improving outcomes for all of North Carolina’s students using feedback from those who know students best.

The Commission consists of six parents/guardians from each of the State’s eight education regions:

• Two traditional public schools
• One charter public school
• One homeschool
• One private school
• One at-large public-school member from the largest county in each region, including: Buncombe, Catawba, Cumberland, Guilford, Mecklenburg, New Hanover, Pitt, and Wake

Click here for DPI’s press release, which includes the list of members by region and school type, and click here for an article, which includes State Board of Education discussion about the Commission.

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

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

This week we saw our first real glimpse that this legislative short session might be nearing an end. When the Senate Education/Higher Education Committee met on Wednesday, committee chair Senator Deanna Ballard, R-Watauga, said that it could be the last meeting of that committee during this session.

Additionally, on Tuesday, Senate leader Phil Berger, R-Rockingham, stated that the goal is for the House and Senate to reach a budget agreement by next Friday, June 17. Once a budget agreement is met, House and Senate budget leaders plan to include Governor Roy Cooper in negotiations before publicly releasing the budget. As a reminder, the budget will be introduced in a conference report, meaning that the budget could not be amended once it is released. Senior budget writers have kept a tight lid on budget details, even from other legislators, but we anticipate it will address pay increases, school safety, and capital projects.

Virtual Instruction Bill

SB 671: Virtual Educ./Remote Acad./Virtual Charters (sponsored by Representative Jeffrey Elmore, R-Wilkes) was introduced this week, passed the House 73-22, and has been sent to the Senate for a concurrence vote. The original contents of the bill were replaced with following:

• Allows public school units (PSUs) to continue providing remote instruction for severe weather and other emergencies (removes June 30, 2022, expiration date)
• For the 2022-2023 school year,
  • Allows PSUs assigned a separate school code by May 1, 2021, to continue providing virtual instruction
  • Allows PSUs that submitted a virtual instruction plan to DPI for the 2021-2022 school year to continue providing virtual instruction according to that plan (removes June 30, 2022, expiration date)
• Beginning with the 2023-2024 school year, requires all PSUs to provide virtual/remote instruction through a new type of remote academy
  • Each approved remote academy will receive a separate school code
  • LEAs cannot enroll more than 15% of the total student enrollment in remote academies
  • Students can only be accepted with parental consent
  • Lists requirements for these remote academies and the remote academy plans that must be approved by the State Board of Education
• Allows charter school applications to include a request to be a remote academy and allows existing charter schools to convert to remote academies
• Ends the pilot program for the State’s two virtual charter schools at the end of this 2021-2022 school year
  • Transitions each of them to a five-year contract, with eligibility for a 10-year renewal
  • Allows each school to increase enrollment up to 20%

Overall concerns about SB 671 include its lack of flexibility and optionality for LEAs to operate remote academies. It is also unclear why there is a 15% student enrollment cap on LEAs when parental consent for enrollment is required. Click here more on NCSBA’s stance on this issue.

Click here for an official bill summary. Click here for an article on the bill.

Additional Education Bills

HB 159: Education Law Changes (sponsored by Senator Michael Lee, R-New Hanover) was introduced during the Senate Education/Higher Education Committee meeting on Wednesday. The previous contents of the bill were replaced with a bill that makes various “technical” changes to education laws, including extending the principal licensure waiver from August 31, 2022, to August 31, 2024. This extension was a request of DPI based on a 2021 session law that provided this waiver for certain individuals in the process of becoming a licensed principal and exempted principals granted a license for any school year from 2010-2011 to 2020-2021 from certain statutory licensure requirements.

HB 79: Clarify HS Insurance (sponsored by Senator Vicky Sawyer, R-Iredell) was also introduced during the Senate Education/Higher Education Committee meeting on Wednesday. The previous contents of the bill were replaced with a bill that clarifies that public school units (PSUs) must purchase catastrophic insurance for high school athletics. PSUs have the option (instead of the requirement) to purchase this catastrophic insurance from the Commissioner of Insurance. The bill requires the Commissioner of Insurance to also offer accident insurance to PSUs. Click here for an official bill summary.

Parents’ Bill of Rights

HB 755: Parents’ Bill of Rights (sponsored by Senators Phil Berger, R-Rockingham; Deanna Ballard, R-Watauga; Michael Lee, R-New Hanover) was sent to the House for a concurrence vote last week after passing the Senate on a 28-18 party-line vote. There has been no action on the bill this week.

NCSBA Bill Tracking Chart

Click here for a list of education-related bills that NCSBA is tracking for this legislative biennium.

Tuesday, June 14

9:30 am – Senate Rules Committee – Legislative Building, rm 1027/1128 (livestream)

• HB 169: State Health Plan Data Transparency.-AB

1:00 pm – House Local Government Committee – Legislative Building, rm 1228/1327 (livestream)

• HB 1162: Make Catawba Board of Ed. Elections Partisan
• SB 265: Bond Information Transparency

Thursday, June 16

9:00 am – Joint Legislative Commission on Governmental Operations, Subcommittee on Interscholastic Athletics – Auditorium, Legislative Building (livestream)

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

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

Parents’ Bill of Rights

HB 755: Parents’ Bill of Rights (sponsored by Senators Phil Berger, R-Rockingham; Deanna Ballard, R-Watauga; Michael Lee, R-New Hanover) passed the Senate on a 28-18 party-line vote, with one Democrat joining Republicans in support of the bill. HB 755 has been sent to the House for a concurrence vote.

HB 755 is a 9-page bill that creates new rights for parents regarding their child’s education and lists numerous existing rights. The bill prohibits instruction on sexual orientation and gender identity in K-3 curriculum and requires parents to be notified if their child chooses to change their name or pronouns or if they seek mental health services. Many of the parental rights and school requirements listed in the bill lack clarity, which will likely cause subjective interpretation and challenges with implementation.

Prior to the Senate vote, bill sponsors explained that HB 755 promotes parental involvement and control in their child’s education. On the Senate floor, Democrats voiced concerns about the bill, including the burden it will place on teachers, the harm it will do to LGBTQ+ students, and the potential economic impacts it could have on the State. Senator Michael Garrett, D-Guilford, promoted SB 860: Parents’ Bill of Rights, which is sponsored by himself and Senators Sydney Batch, D-Wake, and Toby Fitch, D-Wilson, and co-sponsored by the entire Senate Democratic caucus.

Click here for an article on the bill and its passage.

School Safety

On Wednesday, the House Education K-12 Committee heard a presentation on school safety from Karen Fairley, Executive Director of the NC Center for Safer Schools. At the start of the meeting, Committee Chair John Torbett, R-Gaston, stated the importance of updating the Committee and the public on what the State does to maintain safety in its public schools, following last week’s school shooting in Ulvade, Texas.

Highlights from the presentation include:

• There was a total of 907 credible safety tips submitted to the State’s Say Something Anonymous Reporting System (SSARS) during the 2021-2022 school year
  • Highest on the list was planned school attacks, with 254 credible reports
  • Next was suicide/suicide ideation, with 185 credible reports
• 98 school districts are actively using SSARS
  • School districts are required to have an anonymous reporting system, but it does not have to be SSARS
• Roughly 33% of public schools have not submitted a School Risk Management Plan, which is required by State law

When asked about what type of funding the Center needs to advance its mission and vision, Fairley responded with funding for threat assessment teams, school resources officers, and school safety grants for equipment and staff trainings.

Click here for an article on the meeting.

Retirement Bill

HB 1056: Ret. & Treasury Admin. Changes Act of 2022.-AB (primary sponsors: Representatives Allen McNeill, R-Randolph; Carson Smith, R-Pender) passed the House 112-0 and has been sent to the Senate. This bill does the following:

• Clarifies that the Local Government Commission can decline to review a LEA’s borrowing request under a guaranteed energy savings contract if the LEA did not submit procurement documents prior to sending out the request for proposal
• Under the Teachers’ and State Employees’ Retirement System (TSERS), allows the Retirement System to correct errors for the “transfer benefit” to allow monies to be returned to supplemental retirement plans (the reversal would include lost earnings)
• Makes changes related to the treatment of inactive employers and deadlines for reactivation under TSERS
• Makes changes related to the establishment of a default option for employing units that fail to select an option for the transfer for remaining assets upon the discontinuation of the Department of State Treasurer-sponsored 403(b) plans
• Makes changes related to the clarification of the eligibility for long-term disability benefits under TSERS

Click here for an official bill summary.

This week the State Board of Education met for its monthly meeting on Wednesday and Thursday. Presentations to the Board included:

• 2022 Teacher Working Conditions Survey results
• School nutrition updates
• Estimates of additional time needed for student recovery

2022 Teacher Working Conditions Survey results: Board members were presented with these survey results and reminded that this is the first of two presentations, with a deeper data dive in October 2022. There was a record 91.96% participation rate in this year’s survey. Highlights of the survey results include:

• School leadership is the top condition that affects willingness to continue teaching at a current school
• 86% of teachers say they plan to remain teaching in NC and 90% of principals say they plan to remain as school administrators in NC
• 57% of educators have spent up to half of their instruction time reteaching prior grade academic standards
• The need for social/emotional learning is clearly evident across responses from teachers and principals
• The top five issues of most concern are:
  1. Addressing disparities in student learning
  2. School staffing shortages
  3. Assessing student performance and needs
  4. Social/emotional support for students
  5. Health and safety of teachers and staff

Click here for highlighted results and click here for the presentation. Click here for all survey results, which include individual school results for 98% of schools (must reach the 40% response rate threshold). Click here for an article on the survey results.

School nutrition updates: The Board received updates from Dr. Lynn Harvey, DPI’s Director of School Nutrition Services. Dr. Harvey stated that the federal waivers that have allowed free meals to be provided to all children during the COVID-19 pandemic will expire on June 30, 2022. These waivers also provided increased reimbursement for school meals and flexibility in purchasing and contracts. Dr. Harvey explained that local leaders are bracing for the impacts of losing these waivers as food costs, supply costs, fuel costs, and labor costs continue to rise. Additional repercussions include the stigma experienced by children who receive free or reduced-price meals and an increase in students who are hungry. Board member Dr. Olivia Oxendine expressed concern about how students are legally required to attend school but are not provided with free meals while at school. She compared this to the fact that students are provided with free transportation to and from school.

Estimates of additional time needed for student recovery: DPI’s Office of Learning and Recovery (OLR) presented data on the impacts of the COVID-19 pandemic on public school units and students in a new light. The OLR took data on the effect sizes of the pandemic on student learning and translated that into school months needed for learning recovery, which can be viewed in this document. Presenters noted that this data does not consider learning that occurred during the 2021-2022 school year. This presentation was a part of the OLR’s Whitepaper Series, which unpacks the plethora of data on how students were impacted by the pandemic into focus points that are more easily understandable and can help district and school leaders combat the effects of the pandemic on student learning. Click here for an article on this data.

Click here to access all meeting materials.

On Wednesday, the State Supreme Court released an order saying that it will hear arguments on the transferring of $785 million to fund the Leandro Comprehensive Remedial Plan during the week of August 29, 2022. The release of this order follows Superior Court Judge Michael Robinson’s finding that this amount of State funds is needed “to properly fund years two and three” of the eight-year Plan.

Robinson replaced Superior Court Judge David Lee earlier this year. After this replacement, the State Supreme Court ordered Robinson to review Lee’s November 10, 2021, order prior to the Leandro case coming before the Supreme Court. Lee’s order called for the transfer of over $1.7 billion from the unappropriated balance in the General Fund to fund the Plan. Robinson amended Lee’s order to instead call for $785 million, following an analysis of how much the State budget, which passed on November 18, 2021, funds the Plan.

Click here for an article on the order that also includes background on the case.

The following is a list of education-related bills that were filed this week. We should not see any more bills filed, since the deadline to file bills has passed.

Local Bills

• HB 1162: Make Catawba Board of Ed. Elections Partisan (primary sponsors: Representatives Jay Adams, R-Catawba; Mitchell Setzer, R-Catawba)
• SB 913: Restrict Local Sales Tax/School Construction (primary sponsors: Representatives Michael Garrett, D-Guilford; Gladys Robinson, D-Guilford)

Click here for a list of education-related bills that NCSBA is tracking for this legislative biennium.

Tuesday, June 7

1:00 pm – House Local Government – Legislative Building, rm 1228/1327 (livestream)

• HB 993: School Calendar Flexibility/Stanly County

Wednesday, June 8

11:00 am – Senate Education/Higher Education – Legislative Offices Building, rm 544 (livestream)

• HB 159: Education Law Changes
• HB 79: Student Digital Learning Access

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

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

Parents’ Bill of Rights

This week four “Parents’ Bill of Rights” were introduced. The first was HB 755: Parents’ Bill of Rights, which was approved by two Senate committees and is scheduled to be heard in the Senate Rules Committee meeting on Tuesday, May 31, at 12:00 pm (livestream).

Senate leader Phil Berger, R-Rockingham, held a press conference on Tuesday to introduce the new version of HB 755, but it was not available to the public on the General Assembly’s website until after discussion was already underway in the Senate Education Committee meeting on Wednesday. The original bill language of HB 755 was replaced with the “Parents’ Bill of Rights” and is sponsored by Senators Berger; Deanna Ballard, R-Watauga; and Michael Lee, R-New Hanover.

The 9-page bill creates new rights for parents regarding their child’s education, while also listing numerous existing rights. From a legal perspective, HB 755 is poorly written and includes vague language that will be difficult to implement and potentially enforce.

While bill sponsors say that HB 755 prioritizes parental involvement and gives parents more control, critics claim that the bill will cause harm to students. Concerns about the bill include the requirement that school staff inform parents if their child chooses to change their name or pronouns or if they seek mental health services. There was also pushback on a section of the bill that prohibits instruction on sexual orientation and gender identity in K-3 curriculum.

Click here and here for articles on HB 755, which include information on the contents of the bill and committee meeting discussions.

The following three “Parents’ Bill of Rights” were filed later this week and have not been scheduled for committee hearings.

• HB 1067: Parent’s Right to Know and Student Welfare (primary sponsors: Representatives Keith Kidwell; R-Beaufort; Jeffrey McNeely, R-Iredell; Mark Brody, R-Union; Jay Adams, R-Catawba)
• HB 1129: Parents’ Bill of Rights (primary sponsors: Representatives Robert Reives, D-Chatham; Terence Everitt, D-Wake; Linda Cooper-Suggs, D-Wilson; Brandon Lofton, D-Mecklenburg)
  • Identical to SB 860
• SB 860: Parents’ Bill of Rights (primary sponsors: Senators Sydney Batch, D-Wake; Toby Fitch, D-Wilson; Michael Garrett, D-Guilford)
  • Identical to HB 1129

Budget Talk

This week, House Speaker Tim Moore stated that House and Senate senior budget writers had agreed on a spending amount, and they are currently negotiating salaries and benefits. He also said that appropriations subcommittees could begin budget hearings as early as next week.

As a reminder, last week Speaker Moore said that this year’s budget adjustments will most likely be introduced in a conference report, which is a pre-negotiated compromise. This means that the budget adjustments could not be amended once they are brought before each chamber for an up or down vote.

The following is a list of additional education-related bills that have been filed or introduced since the beginning of the legislative short session. The deadline to file local bills is Tuesday, May 31, and the deadline to file all other bills was yesterday, May 26.

Statewide Bills

• HB 370: Veterans Employment Act
  • The original bill language was replaced with this new version of the bill
• HB 996: Protect NC’s Opioid Settlement Payments (primary sponsor: Representative Wayne Sasser, R-Stanly)
• HB 1022: High School Trade Study (primary sponsors: Representatives Matthew Winslow, R-Franklin; Jason Saine, R-Lincoln; Dean Arp, R-Union; Jeff Zenger, R-Forsyth)
• HB 1032: Sound Basic Education (primary sponsors: Representatives Rosa Gill, D-Wake; Amber Baker, D-Forsyth; Garland Pierce, D-Scotland; Linda Cooper-Suggs, D-Wilson)
• HB 1036: Compass Youth Robotics Funding (primary sponsor: Representative James Roberson, D-Wake)
• HB 1038: Highway Safety Omnibus/Addit’l Magistrates (primary sponsors: Representatives Carolyn Logan, D-Mecklenburg; Terry Brown, D-Mecklenburg; Becky Carney, D-Mecklenburg; Rachel Hunt, D-Mecklenburg)
• HB 1047: 2.5% COLA for State Retirees/Funds (primary sponsors: Representatives Carolyn Logan, D-Mecklenburg; Terry Brown, D-Mecklenburg; Rachel Hunt, D-Mecklenburg; Ashton Clemmons, D-Guilford)
• HB 1056: Ret. & Treasury Admin. Changes Act of 2022.-AB (primary sponsors: Representatives Allen McNeill; R-Randolph; Carson Smith, R-Pender)
• HB 1058: Ret. & Treasury Tech. Corrections Act of 2022.-AB (primary sponsors: Representatives Allen McNeill; R-Randolph; Carson Smith, R-Pender)
• HB 1074: Child Care Act (primary sponsors: Representatives Carolyn Logan, D-Mecklenburg; John Autry, D-Mecklenburg; James Roberson, D-Wake; Raymond Smith, D-Wayne)
  • Identical to SB 887
• HB 1079: Sound Basic Education for Every Child (primary sponsors: Representatives Julie von Haefen, D-Wake; Rachel Hunt, D-Mecklenburg; Raymond Smith, D-Wayne; Ricky Hurtado, D-Alamance)
• HB 1080: Professionalizing the Education Workforce (primary sponsors: Representatives Julie von Haefen, D-Wake; Rosa Gill, D-Wake; Cynthia Ball, D-Wake; Linda Cooper-Suggs, D-Wilson)
• HB 1084: Employer Payments for Omitted Membership Svc. (primary sponsor: Representative John Torbett, R-Gaston)
• HB 1087: Menstrual Equity for All (primary sponsors: Representatives Julie von Haefen, D-Wake; Allison Dahle, D-Wake; Zack Hawkins, D-Durham; Vernetta Alston, D-Durham)
  • Identical to SB 832
• HB 1091: Homes for Heroes (primary sponsor: Representative Robert Reives, D-Chatham)
  • Identical to SB 812
• HB 1092: Student Mental Health Support Act (primary sponsors: Representatives Robert Reives, D-Chatham; Ricky Hurtado, D-Alamance; Brandon Lofton, D-Mecklenburg; Howard Hunter, D-Hertford)
• HB 1097: Extended Learning for Elective Courses (primary sponsors: Representatives David Willis, R-Union; Jon Hardister, R-Guilford; Ashton Clemmons, D-Guilford; Matthew Winslow, R-Franklin)
• HB 1118: SCHOOLS Act (primary sponsors: Representatives Rachel Hunt, D-Mecklenburg; John Autry, D-Mecklenburg; Terry Brown, D-Mecklenburg; Carolyn Logan, D-Mecklenburg)
  • Identical to SB 899
• HB 1136: NC Working Families Act (primary sponsors: Representatives Robert Reives, D-Chatham; Gale Adcock, D-Wake; Brandon Lofton, D-Mecklenburg)
• HB 1139: Student Tutoring Investment & Assistance Act (primary sponsors: Joe John, D-Wake; Cynthia Ball, D-Wake; Rosa Gill, D-Wake)
• SB 765: Marijuana Legalization & Regulation (primary sponsor: Senator Toby Fitch; D-Wilson)
• SB 768: GSC Technical Correction 2022 (primary sponsors: Senators Amy Galey, R-Alamance; Paul Newton, R-Cabarrus)
• SB 786: Restricted Instruction Permit Vision Tests (primary sponsor: Senator Ralph Hise, R-Mitchell)
• SB 792: 2022 Governor’s Budget (primary sponsors: Senators Brent Jackson, R-Sampson; Kathy Harrington, R-Gaston; Ralph Hise, R-Mitchell)
• SB 807: Student Mental Health Support Act (primary sponsors: Senators Sydney Batch, D-Wake; Toby Fitch, D-Wilson; Michael Garrett, D-Guilford)
• SB 812: Homes for Heroes (primary sponsors: Senators Sydney Batch, D-Wake; Michael Garrett, D-Guilford; Toby Fitch, D-Wilson)
  • Identical to HB 1091
• SB 816: Ret. Svc. Purchase/Company Police Officers (primary sponsor: Senator Ted Alexander, R-Cleveland)
• SB 827: Feminine Hygiene Grant Program (primary sponsors: Senators Natalie Murdock, D-Durham; Julie Mayfield, D-Buncombe)
• SB 832: Menstrual Equity for All (primary sponsors: Senators Natalie Murdock, D-Durham; Julie Mayfield, D-Buncombe; Natasha Marcus, D-Mecklenburg)
  • Identical to HB 1087
• SB 835: A Sound Basic Education (primary sponsor: Senator Gladys Robinson, D-Guilford)
• SB 851: Restore Educational Sales Tax Holiday (primary sponsors: Senators Mujtaba Mohammed, D-Mecklenburg; Valerie Foushee, D-Orange; Paul Lowe, D-Forsyth)
• SB 855: Free Breakfast for K-12 Students (primary sponsor: Senator Mujtaba Mohammed, D-Mecklenburg)
• SB 856: Free Lunch for K-12 Students (primary sponsor: Senator Mujtaba Mohammed, D-Mecklenburg)
• SB 866: Fund School Psychologists and Social Workers (primary sponsors: Senators Jay Chaudhuri, D-Wake; Mujtaba Mohammed, D-Mecklenburg)
• SB 867: High-Impact Tutoring Grant Program (primary sponsors: Senators Jay Chaudhuri, D-Wake; Sydney Batch, D-Wake)
• SB 887: Child Care Act (primary sponsors: Senators Mujtaba Mohammed, D-Mecklenburg; Natalie Murdock, D-Durham)
  • Identical to HB 1074
• SB 899: SCHOOLS Act (primary sponsors: Senators Natasha Marcus, D-Mecklenburg; Natalie Murdock, D-Durham; Julie Mayfield, D-Buncombe)
  • Identical to HB 1118

Local Bills

• HB 982: Granville Board of Ed. Terms to Four Years (primary sponsor: Representative Terry Garrison, D-Vance)
• HB 983: Certain Schools’ Needs Funds (primary sponsors: Representatives Raymond Smith, D-Wayne; John Bell, R-Wayne)
• HB 993: School Calendar Flexibility/Stanly County (primary sponsor: Representative Wayne Sasser, R-Stanly)
• HB 998: Partisan Election in Haywood County (primary sponsors: Representatives Mark Pless, R-Haywood; Mike Clampitt, R-Swain)
• HB 1000: Yadkin County Funding (primary sponsor: Representative Lee Zachary, R-Yadkin)
• HB 1009: Funds for Ready for School, Ready for Life (primary sponsors: Representatives Ashton Clemmons, D-Guilford; Jon Hardister, R-Guilford; John Faircloth, R-Guilford; Amos Quick, D-Guilford)
• HB 1029: Inn. Signature Career Academy Pilot/Funds (primary sponsors: Representatives Ashton Clemmons, D-Guilford; Jon Hardister, R-Guilford; John Faircloth, R-Guilford; Amos Quick, D-Guilford)
• HB 1071: Allow Durham Cty to Provide Employee Housing (primary sponsors: Representatives Vernetta Alston, D-Durham; Marcia Morey, D-Durham; Zack Hawkins, D-Durham; Robert Reives, D-Chatham)
• HB 1093: Transylvania County Funds (primary sponsor: Representative Jake Johnson, R-Polk)
• HB 1106: Greensboro School Suspension Support (primary sponsors: Representatives Jon Hardister, R-Guilford; Amos Quick, D-Guilford)
• SB 756: Bertie County Funds (primary sponsor: Senator Ernestine Bazemore, D-Bertie)
• SB 759: Bertie County Funds (primary sponsor: Senator Ernestine Bazemore, D-Bertie)
• SB 767: Allow Recall of Lenoir Co. Board of Ed. Mems. (primary sponsor: Senator Jim Perry, R-Lenoir)
• SB 905: Allow Durham County/Provide Employee Housing (primary sponsors: Senators Mike Woodard, D-Durham; Natalie Murdock, D-Durham)

Click here for a list of education-related bills that NCSBA is tracking for this legislative biennium.

Tuesday, May 31

12:00 pm – Senate Rules – Legislative Building, rm 1027/1128 (livestream)

• HB 755: Parents’ Bill of Rights

Wednesday, June 1

9:00 am – House Pensions and Retirement – Legislative Offices Building, rm 415 (livestream)

• HB 1056: Ret. & Treasury Admin. Changes Act of 2022.-AB
• HB 1058: Ret. & Treasury Tech. Corrections Act of 2022.-AB

2:00 pm – Senate Judiciary – Legislative Offices Building, rm 544 (livestream)

• SB 768: GSC Technical Corrections 2022.

Additional Education Meeting

The State Board of Education will meet for its monthly meeting on Wednesday, June 1, and Thursday, June 2. Click here for the meeting agenda and click here for the meeting livestream.

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

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

Wednesday, May 25
11 a.m. — Senate Education/Higher Education Committee
Legislative Office Building (LOB), Room 544

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

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

The State Revenue Consensus Forecast was released this week and shows projections of a $4.24 billion (14.9%) budget surplus for the current 2021-2022 fiscal year and a $1.9 billion (6.8%) budget surplus for the 2022-2023 fiscal year. This surplus can be attributed to several factors, including:

• State employment had returned to pre-pandemic levels by the summer of 2021 and had already exceeded the pre-pandemic forecast by March 2022
• Significant stock market returns and corporate profits
• Sales tax and corporate income tax collections are expected to exceed the previous forecast
• Higher expected sales tax and use revenues

Despite this surplus, the forecast warns that there is an elevated risk of recession because of geopolitical uncertainty, and that inflation will remain high but decelerate during the 2022-2023 fiscal year. There is also uncertainty on consumer spending as inflation persists.

House Speaker Tim Moore and Senate leader Phil Berger released a joint statement on the revenue forecast, indicating that they plan to save much of the surplus: “it is crucial that we continue on this track of responsible and disciplined spending in light of the potential for a recession.” Governor Roy Cooper’s recommended State budget adjustments that were also released this week include an additional $2.3 billion for the 2022-2023 fiscal year, which is over half of this current fiscal year’s surplus (more on this in the next section).

On Wednesday, Governor Cooper released his recommended State budget adjustments for the 2022-2023 fiscal year, which includes an additional $1.35 billion for K-12 education. The release came a week before the General Assembly will convene for its 2022 legislative short session on Wednesday, May 18.

The Governor’s budget priorities include $525.8 million to fully fund year three of the Leandro Plan (as well as studies called for in year two that are currently not funded) and the following highlights:

Salaries

• At least a 7.5% raise for all teachers over the biennium
  • State budget includes an average 2.5% raise in each year
  • Governor recommends adding 2.5% in the second year, making it 5%
  • This 5% raise would affect all school employees paid on the teacher salary schedule
• Reinstatement of master’s pay for teachers
• 5% raise for principals, central office, and noncertified school employees over the biennium
  • State budget includes a 2.5% salary increase in each year
  • Governor recommends adding 2.5% in the second year, making it 5%
  • For the 2022-2023 fiscal year, noncertified personnel would receive the greater of the 5% increase or the $15/hour minimum wage set in the State budget
• Supplemental funds for teacher compensation
  • Adds another $75 million in supplemental funds for teachers, which was included in the State budget and excluded five counties based on a county’s respective tax base, median household income, and effective tax rate
  • Governor recommends including all counties and increasing the per-teacher allotment cap from $4,250 to $5,000

Bonuses

• Teachers, instructional support personnel, assistant principals, and principals would receive either a $3,000 bonus (for those making less than $75,000) or a $2,500 (for those making more than $75,000)
• Other school district employees, including all state and locally funded education employees, would receive either a $2,000 bonus (for those making less than $75,000) or a $1,500 bonus (for those making more than $75,000)
• Half of the bonus will be paid in fall 2022 and half in spring 2023

Mental Health Support

• Approximately 850 full time equivalent (FTE) school counselors, nurses, social workers, and psychologists
  • Each LEA will receive at least one FTE from these new funds
  • Flexibility for LEAs to strategically hire staff to best meet the needs of students
• School safety grants to support students in crisis and provide school safety and mental health training
• 115 year-long school psychologist internship positions at the equivalent of a starting teacher salary

Early Literacy and Teacher Assistants

• Additional teacher assistants (TAs) to improve literacy and support K-3 students by more closely aligning with nationally recommended student-to-staff ratios
• Early literacy
  • Eight regional coaches
  • One implementation coordinator
  • 115 early literacy specialists to support Language Essentials for Teachers of Reading and Spelling (LETRS) science of reading training

NC Pre-K

• Increases NC Pre-K reimbursement rates by 19% and administrative rates from 6% to 10%

School Construction

• $500,000 to each public school unit (PSU) for construction and renovation of school facilities
• Remaining funds will be allocated on the basis of average daily membership (ADM) for the 2021-2022 fiscal year

School Transportation

• Increases funding for maintaining and operating school transportation fleets in order to fully fund rising costs, including fuel

Click here for all recommended budget adjustments and click here for the Governor’s plan for stronger schools. Click here for an article on the education sections of the Governor’s budget priorities.

NCSBA Support

NCSBA shares many of the Governor’s K-12 short session budget priorities, including additional TAs, pay increases and bonuses for all school employees, and additional mental health support personnel and funding flexibility (more on why this is important in the next section).

The NC Child Fatality Taskforce released its annual report, which includes the following data facts and trends:

• Suicide was the leading cause of death for children ages 10-14 in 2020
• Suicide was the third leading cause of death for children ages 15-17 in 2020
• The percentage of high school students who strongly agree or agree that they feel good about themselves continues to decrease
• NC does not have nearly enough mental health support personnel in schools to meet the nationally recommended ratios

NCSBA continues to advocate for additional school mental health support personnel, with a focus on giving school districts the authority to decide which positions to fill based on student need.

Click here for the report and click here for an article on the report.

In addition to the 2022 short session budget priorities that we share with the Governor, NCSBA also supports continued use of remote/virtual instruction, improvements to the school calendar, and ADM hold harmless. Click here for NCSBA’s virtual instruction issue brief to learn more about why this is such an important issue. This legislative priority was proposed by NCSBA’s Legislative Committee and received overwhelming support from NCSBA’s Delegate Assembly.

House Select Committee on an Education System for North Carolina’s Future

On Monday, the Committee held a meeting that included a presentation on teacher compensation and benefits, Committee discussion, and a public comment period. The presentation compared State salary schedule structures, explained recent changes to teacher pay, compared teacher benefits to neighboring states, and provided considerations for modifications to teacher compensation and benefits.

Committee member discussion was initiated by Chair John Torbett, R-Gaston, who suggested the idea of replacing principals and assistant principals with executive educators who would teach a couple of classes a week but still manage all students. Multiple Committee members emphasized the need for school discipline, with Representative Rachel Hunt, D-Mecklenburg, noting the need to also expand mental health interventions. Click here for an article on the meeting.

Grants are available through the Fiscal Year 2022 School Violence Prevention Program (SVPP) via the Office of Community Oriented Policing Services (COPS). The program’s goal is to improve security at schools and on school grounds through evidence-based school safety programs and technology. Under this program, $53 million is available to states, local governments, Indian tribes, and their public agencies, including school districts, school boards, and law enforcement agencies.

Each application must be accompanied by an assurance that the application was prepared after consultation with individuals not limited to law enforcement officers (including licensed mental health professionals, social workers, students, parents, school violence researchers/academics (if practical), teachers, principals, and other school personnel) to ensure that improvements to be funded under the grant are consistent with a comprehensive approach to preventing school violence; protective of student privacy and ensure that students are not discriminated against on the basis of race, national origin, disability, religion, or sex; and, individualized to the needs of each school at which those improvements are to be made.

Applications are due by June 14. Click here for the announcement and submission guidelines.

Grants are also available for the Bureau of Justice Assistance’s (BJA) STOP School Violence Program. Applications may be submitted that address one or more of the following areas:

• Developing and operating technology solutions such as anonymous reporting systems for threats of school violence
• Multidisciplinary behavioral threat assessment and/or intervention teams; training school personnel and educating students on preventing school violence, including strategies to improve a school climate
• Specialized training for law enforcement who work in schools and/or with school-age populations such as school resource officers (SROs) and probation officers
• Hiring of school support personnel such as climate specialists, school psychologists, school social workers, school-based violence interrupters, and others directly supporting the prevention of school violence

Applications are due by June 14. Click here for the full grant announcement.

Both the House and Senate convene for the 2022 legislative short session on Wednesday, May 18 at noon. Click here to livestream the House session and click here to live stream the Senate session.

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

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

The State Board of Education (SBE) met for its monthly meeting on Wednesday and Thursday. The meeting included the swearing in of the Board’s newest member, John Blackburn, as well as presentations on the following:

• DPI/SBE 2022 short session legislative priorities
• Children’s behavioral health in NC
• Lead and asbestos remediation in public school units (PSUs) and childcare facilities

DPI/SBE 2022 short session legislative priorities: The Board approved the 2022 short session legislative priorities, which total $59.1 million and include a school psychologist internship program, regional literacy support coaches and early learning specialists, and an increase in the school transportation fuel price reserve. Additionally, cost-of-living salary increases for teachers and public sector employees is a priority. Along with these legislative priorities, the Board also approved two complementary requests presented by Board member Wendell Hall, who chairs the committee that worked on the legislative priorities. Those requests are $15 million for 115 school social workers and $18 million for district improvement specialists to aid in the transformation of low performing schools.

While there was agreement on the legislative priorities, State Superintendent Catherine Truitt differed from the Board in how and when to ask for the two complementary requests. Truitt did not deny the need for school social workers, but she did note that school districts currently have federal COVID-19 funds that could be used to hire social workers. Additionally, Truitt stated that she is not sure if DPI is currently prepared to support more low performing schools. Board Vice Chair Alan Duncan told the Board that the recommended ratio of social workers in schools is one for every 250 students, and that NC is closer to one social worker for every 1,300 -1,400 students. Duncan stated, “We do know there is a significant need for social workers.” Click here for an article that includes Board discussion on these legislative priorities and complementary requests.

Children’s behavioral health in NC: The Board was presented with information on children’s behavioral health by Department of Health and Human Services (DHHS) staff who stated that student mental health challenges have been increasing over the past decade and noted that the COVID-19 pandemic worsened an already growing challenge for children. North Carolina data shows that approximately 3,600 children have lost a parent/caregiver to COVID-19, and that the rate of children discharged from emergency departments with a behavioral health condition increased by approximately 70% in the pandemic. DHHS staff explained the importance of children feeling close to people at school as it relates to their mental health and laid out a coordinated action plan to address the child behavioral health crisis. Click here for the presentation.

Lead and asbestos remediation in public school units (PSUs) and childcare facilities: The State budget appropriated $150 million for the 2021-2022 fiscal year to be used for lead and asbestos remediation and abatement programs for PSUs and childcare facilities. DHHS and DPI are required to work together to develop these programs. At the meeting, the Board approved temporary rules to implement initial tests for lead in water, lead paint, and asbestos. When asked about the legislative requirement that PSUs match one dollar for every two dollars of State funds provided for lead paint and asbestos abatement, DPI staff stated that while it is a concern, the current focus is on the initial testing. Click here for the temporary rules, click here for public comments on the rules, and click here for the FAQ.

Click here to access all meeting materials. Click here for an article on the meeting.

In less than two weeks, the 2022 legislative short session will begin. Because of the late passage of the State budget in November 2021, we do not expect there to be too many modifications to the budget during the session. However, NCSBA’s Governmental Relations Team is pushing for the following during this legislative session:

• Additional mental health support personnel (school nurses, social workers, and counselors)
• Flexibility with the new school psychologist allotment that allows school districts that are unable to recruit and hire a qualified school psychologist to use those funds for any mental health support personnel
• Funding for recently approved cooperative innovative high schools
• Salary increases to keep up with rising inflation
• Additional teacher assistants to improve K-3 literacy and address learning loss caused by the pandemic
• Average daily membership (ADM) hold harmless
• Continued use of remote/virtual instruction – After June 30, 2022, LEAs will lose some authority on how and when remote/virtual instruction can be provided
• Modify the school calendar to improve student learning and performance

If you have questions or concerns about this list of short session priorities, please contact Bruce Mildwurf at bmildwurf@ncsba.org.

Monday, May 9

5:00 pm – House Select Committee on An Education System for North Carolina’s Future – Legislative Offices Building, rm 544 (live stream)

Please note that we may not be sending legislative updates on a weekly basis while the General Assembly is not in session.

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

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

On Tuesday, Superior Court Judge Michael Robinson found that $785 million in State funds is needed “to properly fund years two and three” of the eight-year Leandro Comprehensive Remedial Plan. This announcement follows Robinson’s replacement of Superior Court Judge David Lee last month, and the State Supreme Court’s order that Robinson review Lee’s November 10, 2021, order prior to the Leandro case coming before the Supreme Court.

Lee’s order called for the transfer of over $1.7 billion from the unappropriated balance in the General Fund to fund the Plan. Robinson amended Lee’s order to instead call for $785 million, following an analysis of how much the State budget, which passed on November 18, 2021, funds the Plan. Robinson’s amended order also removes the requirement that the State Controller transfer the $1.7 billion from the General Fund, since that requirement had already been blocked by the State Court of Appeals.

The State Supreme Court has not yet set a date to hear the Leandro case. Click here and here for articles on the amended order.

SB 654/SL 2021-130 required the State Superintendent to create a Working Group on Virtual Academies that includes various stakeholders to make recommendations related to virtual academies. The Working Group’s report was submitted to the General Assembly in March. The report states that NC has been providing students with opportunities to access “high-quality, purposeful virtual learning” for over 20 years, and that schools are currently using virtual instruction to meet the needs of families.

The following are highlights from the report:

• The number of fully virtual academies in the State has increased from 11 in the 2019-2020 school year to 61 in the 2021-2022 school year
• The number of hybrid virtual academies has increased from 25 in the 2019-2020 school year to 45 in the 2021-2022 school year

The following are Working Group recommendations:

• Allow school districts that do not have a virtual academy but wish to develop one to apply for a school code
  • (SB 654/SL 2021-130 prevents a school that did not have a school code to operate a virtual academy prior to May 1, 2021, from continuing to use virtual instruction after June 30, 2022)
• Virtual academies established in a traditional K-12 school should be viewed the same as other schools within that district and should not be required to renew their school status
• All courses taken in a virtual format should be coded to allow performance tracking, including courses taken virtually through an in-person school or through a virtual school

Last Friday, Governor Roy Cooper announced that $5 million in federal funds will be used to expand Youth Mental Health First Aid training. This training teaches adults who work with youth, including teachers and school staff, how to identify and support youth ages 12-18 who are experiencing challenges related to mental health and substance use.

Kody H. Kinsley, Secretary of the North Carolina Department of Health and Human Services, said “Recovering stronger together from this pandemic means prioritizing behavioral health and the well-being of our children and families. We are grateful for this investment in both areas, which supports early intervention programs that will make a critical difference in many teenagers’ lives.”

Additional federal funds will be used to expand the Tech Team initiative, which trains students on how to address information technology issues, and the NC Education Corps, which is helping to accelerate learning recovery for public school students through high-impact literacy tutoring.

On Monday, the bipartisan Hunt-Lee Commission released its final report that contains 16 recommendations to improve public education in the State, including growing the school leader pipeline and bridging student transitions from middle to high school.

The Hunt-Lee Commission was created by the Hunt Institute in August 2021 to “address stark differences in student outcomes, many of which have been made worse by the pandemic.” The Commission is named after four-term NC Governor James B. Hunt, Jr. and Institute Board members (former) NC Senator Howard Lee and NC Senator Michael Lee.

The report’s recommendations fall into three categories:

• Build on what we have
• Invite and test new ideas
• Implement proven solutions

Click here and here for articles on the report.

In just 2 ½ weeks, the 2022 legislative short session will begin. Because of the late passage of the State budget in November 2021, we do not expect there to be too many modifications to the budget during the session. However, NCSBA’s Governmental Relations Team is pushing for the following during this legislative session:

• Additional mental health support personnel
• Flexibility with the new school psychologist allotment for school districts that are unable to recruit and hire school psychologists
• Funding for recently approved cooperative innovative high schools
• Salary increases to keep up with rising inflation
• Additional teacher assistants to improve K-3 literacy and address learning loss caused by the pandemic
• Average daily membership (ADM) hold harmless
• Continued use of remote/virtual instruction
• More local control over the school calendar

If you have a legislative priority for the short session that is not included on this list, please contact Bruce Mildwurf at bmildwurf@ncsba.org.

House Select Committee on An Education System for North Carolina’s Future

On Monday, the Committee held a meeting at Morehead City Primary School in Carteret County. Click here for the Carteret County Schools Superintendent’s presentation and click here for a recording of the meeting.

Both the House and Senate will hold session on Wednesday, May 4, but we do not expect any activity.

Additional Education Meeting

On Wednesday, May 4, and Thursday, May 5, the State Board of Education will have its monthly meeting. Click here for the meeting live stream.

Please note that we may not be sending legislative updates on a weekly basis while the General Assembly is not in session.

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

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org