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

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

House Budget Expected Next Week

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

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

Two Voucher Bills to Watch

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

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

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

Education Bills that Passed the House

Statewide Bills

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

• HB 187: Equality in Education (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; David Willis, R-Union; Diane Wheatley, R-Cumberland)
  • Passed 68-49, with no Democratic support, meaning it is one vote short of a guaranteed veto override
  • Almost identical to a 2021 billvetoed by Governor Cooper
  • Lists 13 concepts that are prohibited from being promoted in public schools, including:
    • One race or sex is inherently superior to another race or sex
    • An individual, solely by virtue of his or her race or sex, is inherently racist, sexist, or oppressive
    • An individual, solely by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex
    • The United States was created by members of a particular race or sex for the purpose of oppressing members of another race of sex
  • Requires public school units (PSUs) to notify DPI and post to their website information about:
    • Instruction regarding the 13 concepts
    • Contracting with, hiring, or otherwise engaging speakers, consultants, diversity trainers, and other persons for the purpose of discussing the 13 concepts
  • Lists examples of what the 13 concepts and the PSU requirements do NOT apply to, including:
    • Speech protected by the First Amendment
    • Materials or supplemental instruction that include impartial discussion of controversial aspects of history and impartial instruction on historical oppression of particular groups of people
    • Materials accessed on an individual basis for research or independent study that advocate one or more of the 13 concepts
  • Click herefor an official bill summary
• HB 282: Trade Schools Study(primary sponsors: Representatives Matthew Winslow, R-Franklin; Dean Arp, R-Union; Jon Hardister, R-Guilford; Jeff Zenger, R-Forsyth)
  • Passed 115-0
  • Compiles information regarding the trades workforce and future training, including the current options for high school students to become workers practicing trades
  • Click here for an official bill summary

Local Bill

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

Education Bills that Passed the Senate

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

• SB 83: No High-Risk Apps/Gov’t Networks & Devices(primary sponsors: Senators Timothy Moffit, R-Henderson; Jim Perry, R-Lenoir; Bobby Hanig, R-Currituck)
  • Prohibits the use of TikTok, Telegram, and WeChat on government-issued devices.
  • Applies to “any employee, elected official, or appointee of a public agency”
  • Click herefor an official bill summary
• SB 187: Teacher Licensure Changes(primary sponsors: Senators Tom McInnis, R-Moore; Todd Johnson, R-Union; Lisa Barnes, R-Nash)
  • Makes limited teacher licenses renewable if certain criteria are met, including proof of teacher effectiveness by meeting or exceeding expected growth according to the Education Value-Added Assessment System (EVAAS)
  • Encourages a teacher with a limited license to continue to pursue a continuing professional license (CPL)
  • Click herefor an official bill summary

Education Bill Sent to the Governor

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

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

Click here for an official bill summary.

Education Bills Approved by Senate Committees

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

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

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

Education Bills Approved by House Committees

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

• HB 142: Protect Our Students Act.-AB(primary sponsors: Representatives John Torbett, R-Gaston; Kristin Baker, R-Cabarrus; Jake Johnson, R-Polk; Keith Kidwell, R-Beaufort) is an agency bill supported by DPI and the State Superintendent that does the following:
  • Increases penalties for failure of school administrators to report certain misconduct to the State Board of Education
  • Increases penalties and modifies definitions for certain sex offenses against students
  • Requires public school units to show 6^th– 12^th grade students a video produced by DPI’s Center for Safer Schools containing age-appropriate information about sexual abuse, as recommended by DPI
  • Defines conduct directly related to the office or employment as it pertains to the forfeiture of retirement benefits
  • Click herefor an official bill summary
  • Referred to the House Rules Committee, which will be HB 142’s fourth committee hearing
• HB 201: DST Admin Changes.-AB (primary sponsor: Representative Carson Smith, R-Pender)
  • Makes administrative and conforming changes to the laws governing the Teachers’ and State Employees’ Retirement System (TSERS) and other related statutes, as recommended by the Department of the State Treasurer
  • Click here for an official bill summary
  • Referred to the House State Government Committee
• HB 203: DST Technical Corrections.-AB (primary sponsors: Representatives Diane Wheatley, R-Cumberland; Carson Smith, R-Pender)
  • Makes technical corrections and other conforming and clarifying changes to the laws governing TSERS and other related statutes, as recommended by the Department of the State Treasurer
  • Click here for an official bill summary
  • Referred to the House State Government Committee

On Wednesday, HB 188: Standards of Student Conduct (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; David Willis, R-Union; Diane Wheatley, R-Cumberland) had its second committee hearing when it was approved by the House Judiciary 1 Committee. HB 188 is similar to a 2021 bill that passed the House but was not taken up by the Senate. HB 188 does the following:

• Requires LEAs to use best practices in developing discipline policies that do not discriminate against students on the basis of race, ethnicity, national origin, gender, or disability
• Requires LEAs to include in their discipline policies measures that will be taken to support a student during suspension, including mitigating learning loss
• Deletes language that gives examples of conduct not deemed to be a serious violation

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

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

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

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

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

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

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

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

School Calendar Bills

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

 

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

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

Statewide Bills

• HB 430: Governor’s Budget (primary sponsors: Representatives Donny Lambeth, R-Forsyth; Jason Saine, R-Lincoln; Dean Arp, R-Union)
  • Includes the contents of Governor Cooper’s recommended 2023-25 State budget
  • Click here to access last week’s Legislative Update for education highlights of the proposed budget
• HB 432: Principal Licensure Changes (primary sponsors: Representatives David Willis, R-Union; Hugh Blackwell, R-Burke; Tricia Cotham, D-Mecklenburg; John Torbett, R-Gaston)
  • As recommended by DPI, updates principal licensure requirements, develops a portfolio assessment, and studies methods to improve principal preparation and licensure processes
• HB 439: RBG Act (primary sponsors: Representatives Julie von Haefen, D-Wake; Deb Butler, D-New Hanover; Lindsey Prather, D-Buncombe; Maria Cervania, D-Wake)
  • Identical to SB 353 (primary sponsors: Senators Natasha Marcus, D-Mecklenburg; Natalie Murdock, D-Durham; Jay Chaudhuri, D-Wake)
  • Removes statutory language (pertaining to the State Health Plan for Teachers and State employees) that bars coverage for abortions for which state funds cannot be used
• SB 347: Revise, Study, and Fund LEP Allotment (primary sponsors: Senators Graig Meyer, D-Orange; Natalie Murdock, D-Durham; Natasha Marcus, D-Mecklenburg)
  • Revises the students with limited English proficiency (LEP) allotment
  • Requires the State Board of Education to study the students with LEP allotment
  • Appropriates funds to the students with LEP allotment
• SB 348: Extended-Year Teacher Contracts (primary sponsors: Senators Graig Meyer, D-Orange; Gladys Robinson, D-Guilford; Natalie Murdock, D-Durham)
  • Provides for extended-year contracts for initially licensed teachers, mentor teachers, teachers in low-performing schools, and certain veteran teachers
• SB 349: Whiz Kids/Slow Pokes Voter Registration (primary sponsors: Senators Graig Meyer, D-Orange; Kandie Smith, D-Pitt)
  • Engages overachieving teenagers in voting by recodifying the program to preregister individuals 16 and 17 years old
  • Encourages DPI to improve outreach to high school students on voter registration and preregistration programs
• SB 351: Statewide Year-Round School Study (primary sponsor: Senator Jim Burgin, R-Harnett)
  • Directs DPI to study the feasibility and potential outcomes of a statewide year-round school calendar
• SB 366: Ban Delta 8 & Delta 9 On School Grounds (primary sponsors: Senators Michael Lazzara, R-Onslow; Jim Perry, R-Lenoir; Tom McInnis, R-Moore)
  • Mandates public school units to adopt policies banning the use of hemp products at all times on any public school property

Local Bills

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

 

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

 

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

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

 

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

Key parts of the legislation include:

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

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

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

March 20, 2023, Weekly Report

Headlines for this edition include:

• Senate Budget Committee Holds First Hearing on Biden Budget
• House Democrats File Competing Bill of Rights for Students and Parents
  • Representative Suzanne Bonamici (D-OR) filed legislation intended as a Democratic response to the Republicans’ Parents Bill of Rights, which just passed the House. Representative Bonamici posted a summary of the Bill of Rights for Students and Parents to her Congressional website
• Learning Policy Institute Publishes Guide To Federal and State Resources for Students Experiencing Homelessness

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

State News

• Public School Forum – Local School Finance Study
• WRAL – Many NC kids aren’t reading well. How teacher colleges are racing to fix the problem
• EdNC – Perspective: House Bill 188 undermines efforts to reduce long-term suspension and expulsion

National News

• Washington Post – Schools Sue Social Media Companies Over Youth Mental Health Crisis
• National Public Radio – With Gun Control Far From Sight, Schools Redesign for Student Safety
• Washington Post – Covid Changed Parents View of Schools – And Ignited the Culture Wars

 

Tuesday, March 28

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

• HB 262: School Assignment Zones.

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

• HB 172: Sam’s Law.
• HB 253: Prevent Students From Harm Act.
• HB 306: School Calendar Flexibility/Granville & Vance.
• HB 314: Public School Ethics Training.
• HB 382: Registered Nurses in Schools.

Wednesday, March 29

12:00 pm – House Judiciary 1 – Legislative Offices Building, rm 423 (livestream)

• HB 98: Medical Freedom Act.

 

 

 

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

Rebekah Howard
Advocacy Coordinator
NC School Boards Association
rhoward@ncsba.org

Madison Skeens
Assistant Director of Governmental Relations
NC School Boards Association
mskeens@ncsba.org

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

 

On Wednesday, Governor Roy Cooper released his recommended 2023-25 State budget, and on Thursday, his recommended budget was presented in a joint meeting of the House and Senate appropriation committees. The Governor’s budget takes into account the projected revenue surplus presented in the 2023 State Revenue Forecast last month, by investing $32.9 billion in the 2023-24 fiscal year and $34.2 billion in the 2024-25 fiscal year. These numbers are higher than the spending agreement reached by House Speaker Tim Moore and Senate Leader Phil Berger last week, which is $29.7 billion for 2023-24 and $30.8 billion for 2024-25.

The Governor’s budget appropriates $13.4 billion and $14.3 billion for public education, respectively, in each year of the biennium. Education highlights of the Governor’s proposed budget include:

• Fully funds years two through five of the Leandro Comprehensive Remedial Plan
• $1.8 billion to recruit and retain high-quality educators and school-based administrators
  • Provides minimum teacher and principal raises of 10% and 6% respectively in each year of the biennium
  • Provides a one-time $1,500 bonus to teachers earning less than $75,000 and a one-time $1,000 to those earning $75,000 and above
  • Sets starting teacher salaries to at least $46,000 in the second year of the biennium
  • Increases the number of steps for teachers with more than 15 years of experience (see page 11)
  • Restores master’s pay
  • With these changes to teacher pay, NC would rank:
    • Second in the Southeast for starting teacher pay (currently 11^th)
    • First in the Southeast for average teacher pay (currently third)
    • 16^th in the nation for starting teacher pay and average teacher pay (currently 46^th and 32^nd, respectively)
  • Provides central office and noncertified employees raises of 6.5% and 3% respectively in each year of the biennium (this includes bus drivers)
  • Over $500 million for school social workers, psychologists, nurses, and counselors
    • Funds 1,000 new school nurses and school social workers
    • Builds a pipeline of 115 school psychologist interns

The Governor’s proposed budget also increases funding for school safety grants, K-12 literacy, K-3 teacher assistants, school construction, and school meals. Click here for the full recommended budget and click here for an article on the recommended budget.

 

NCSBA’s Governmental Relations team continued to meet with legislators this week to address the threat that HB 219: Charter School Omnibus poses to local school district funding. We have created another fact sheet that includes talking points and background information to assist you as you speak with your House members. This will be one of the key topics discussed at NCSBA’s Spring Law Conference next Thursday and Friday. Chris Campbell, Partner at Campbell Shatley, and Heidi Kerns, Finance Officer for Rutherford County Schools, will present the history of the issue and what you need to know about HB 219. You can see the conference agenda and register for the conference by clicking here.

Additionally, this week six local school calendar bills that affect nine school districts and three statewide education bills passed the House and have been sent to the Senate for consideration. The House Education K-12 Committee approved two controversial education bills – HB 187: Equality In Education and HB 188: Standards of Student Conduct – which you can read more about below.

Statewide Education Bills that Passed the House

On Wednesday, the following bills passed the House.

• HB 67: Encourage Healthy NC Food in Schools(primary sponsors: Representatives Julia Howard, R-Davie; Mitchell Setzer, R-Catawba; Jimmy Dixon, R-Duplin)
  • Passed 107-8
  • Requires 100% muscadine grape juice to be available to K-12 students in public school units as a part of a school’s nutrition program or through the operation of the school’s vending facilities
  • Click herefor an official bill summary
• 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)
  • Passed 109-4
  • Allows parent choice in nursing services for children with disabilities who received nursing services prior to the services being required by the child’s individualized education program (IEP) or prior to enrolling in their current school, if certain criteria are met
  • Prior to approval by the House Education K-12 Committee, HB 150 was modified from applying to any service for children with disabilities to only nursing services and liability requirements were added
  • 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.
  • Click here for an official bill summary
• HB 207: Mandatory Training Contributing to CEUs (primary sponsors: Representatives Jeffrey Elmore, R-Wilkes; Ashton Clemmons, D-Guilford; John Torbett, R-Gaston)
  • Passed 113-0
  • Allows education professionals to obtain continuing education units from completing mandatory trainings
  • Click here for an official summary

Statewide Education Bills Approved by House Committee

On Tuesday, the following bills were approved by the House Education K-12 Committee.

• HB 187: Equality in Education(primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; David Willis, R-Union; Diane Wheatley, R-Cumberland)
  • Almost identical to a 2021 bill vetoed by Governor Cooper
  • Lists 13 concepts that are prohibited from being promoted in public schools, including:
    • One race or sex is inherently superior to another race or sex
    • An individual, solely by virtue of his or her race or sex, is inherently racist, sexist, or oppressive
    • An individual, solely by virtue or his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex
    • The United States was created by members of a particular race or sex for the purpose of oppressing members of another race of sex
  • Requires public school units (PSUs) to notify DPI and post to their website information about:
    • Instruction regarding the 13 concepts
    • Contracting with, hiring, or otherwise engaging speakers, consultants, diversity trainers, and other persons for the purpose of discussing the 13 concepts
  • Lists examples of what the 13 concepts and the PSU requirements do NOT apply to, including:
    • Speech protected by the First Amendment
    • Materials or supplemental instruction that include impartial discussion of controversial aspects of history and impartial instruction on historical oppression of particular groups of people
    • Materials accessed on an individual basis for research or independent study that advocate one or more of the 13 concepts
  • Click here for an official bill summary
  • Click here for an article on the Committee’s discussion and approval of HB 187
  • HB 187 has been referred to the House Rules Committee

• HB 188: Standards of Student Conduct (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; David Willis, R-Union; Diane Wheatley, R-Cumberland)
  • Similar to a 2021 bill that passed the House but was not taken up by the Senate
  • Requires LEAs to use best practices in developing discipline policies that do not discriminate against students on the basis of race, ethnicity, national origin, gender, or disability
  • Requires LEAs to include in their discipline policies measures that will be taken to support a student during suspension, including mitigating learning loss
  • Prior to Committee approval, an amendment failed that would have restored the bill’s stricken language that provides examples of conduct not deemed to be a serious violation
  • Click here for an article on the Committee’s discussion and approval of HB 187
  • HB 188 has been referred to the House Judiciary 1 Committee and is scheduled for a hearing, next Wednesday, March 22, at 12:00 pm (livestream)

• SB 52: Open Meetings/Administering Organizations(primary sponsors: Senators Vickie Sawyer, R-Iredell; Todd Johnson, R-Union; Tom McInnis, R-Moore)
  • Requires an administering organization of high school interscholastic athletics to comply with the provisions of the open meetings law
  • Prior to Committee approval, the recently added section of the bill that grants the State Superintendent the final authority for high school interscholastic athletic eligibility appeals was removed, reverting the bill back to it’s original language
  • Click here for an official bill summary
  • SB 52 has been referred the House Rules Committee

Statewide Education Bills Approved by Senate Committee

On Wednesday, the following bills were approved by the Senate Education/Higher Education Committee and referred to the Senate Rules Committee.

• SB 90: Searches of Student’s Person(primary sponsors: Senators Michael Lazzara, R-Onslow; Amy Galey, R-Alamance; Vicki Sawyer, R-Iredell)
  • The original bill was amended by the Senate Education/Higher Education Committee
  • Requires public school units to adopt a policy on school officials searching students consistent with State and federal law
  • Requires all searches to be conducted by one school official and one adult witness who are the same sex as the student being searched, including searches of backpacks, vehicles, etc.
    • This requirement also includes instances when students are going through metal detectors
  • NCSBA will continue to work with the bill sponsors to improve SB 90
  • Click here for an official bill summary    

• SB 193: Career Development Plans (primary sponsors: Senators Amy Galey, R-Alamance; Michael Lee, R-New Hanover)
  • Requires middle and high school students to complete career development plans
  • During bill presentation to the Committee, it was noted that this is an initiative from the State Superintendent and DPI that would not require additional personnel or funding
  • Click here for an official bill summary

This week, the following bills were approved by the Senate Education/Higher Education Committee and the Senate Rules Committee. The next stop for these bills in the Senate floor.

• SB 187: Teacher Licensure/Retired Educator Program (primary sponsors: Senators Tom McInnis, R-Moore; Todd Johnson, R-Union; Lisa Barnes, R-Nash)
  • Makes limited teacher licenses renewable if certain criteria are met, including proof of teacher effectiveness by meeting or exceeding expected growth according to the Education Value-Added Assessment System (EVAAS)
  • Encourages a teacher with a limited license to continue to pursue a continuing professional license (CPL)
  • Click here for an official bill summary

• HB 11: Schools for the Deaf and Blind(primary sponsors: Representatives Hugh Blackwell, R-Burke; Ken Fontenot, R-Wilson; Erin Pare, R-Wake; Dianne Wheatley, R-Cumberland)
  • Upon request, for a student who has applied to a school for the deaf or blind, requires the local superintendent to share current evaluation data and the current or proposed individualized education plan for any child enrolled in that superintendent’s public school unit
  • Establishes boards of trustees to govern the State’s schools for the deaf or blind, taking away the State Board of Education’s authority as the sole governing agency and DPI’s administrative responsibilities and oversight of these schools
  • Allows these boards of trustees to collaborate with local boards of education in the development of rules, curriculum, or other matters and to enter memorandums of understanding or joint contracts with local boards of education to engage in joint undertakings or purchase
  • Click here for an official bill summary

School Calendar Bills with Action This Week

On Wednesday, the following local school calendar bills passed the House on voice votes and were sent to the Senate for consideration.

• HB 70: School Calendar Flexibility/Halifax (primary sponsor: Representative Michael Wray, D-Northampton)
  • Allows Halifax County Schools to open as early as the Monday closest to August 10 and close no later than the Friday closest to June 11
  • Click here for an official bill summary
• HB 163: School Calendar Flexibility (primary sponsor: Representative Steve Tyson, R-Craven)
  • Allows the Craven County Board of Education to open schools no earlier than August 10 and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester
  • Prior to approval, the House Education K-12 Committee added a section allowing the Hyde County Board of Education to set different opening dates for their schools depending on the location of the schools
  • Click here for an official bill summary
• HB 176: School Calendar Flexibility (primary sponsor: Representative John Sauls R-Lee)
  • Allows the Lee County and Harnett County boards of education to open schools no earlier than August 10 and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester
  • Prior to approval, the House Education K-12 Committee added the Harnett County Board of Education to the bill
  • Click here for an official bill summary
• HB 195: School Calendar Flexibility/Roanoke Rapids (primary sponsor: Representative Michael Wray, D-Northampton)
  • Allows the Roanoke Rapids Graded School District Board of Education to have local control over the school calendar and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester
  • Click here for an official bill summary
• HB 221: School Calendar Flexibility/Yadkin & Davie Co. (primary sponsor: Representative Julia Howard, R-Davie)
  • Allows Yadkin and Davie County boards of education to align their calendar with Surry Community College or Davidson-Davie Community College calendars
  • Click here for an official bill summary
• HB 236: School Calendar Alignment/Carteret (primary sponsor: Representative Celeste Cairns, R-Carteret)
  • Allows the Carteret County Board of Education to align its calendar with the Carteret Community College calendar
  • Click here for an official bill summary

On Tuesday, the following local school calendar bills were approved by the House Education K-12 Committee and referred to the House Rules Committee:

• HB 160: School Cal. Flexibility/Buncombe & Asheville (primary sponsors: Representatives Lindsey Prather, D-Buncombe; Eric Ager, D-Buncombe; Caleb Rudow, D-Buncombe)
  • Allows the Buncombe County and Asheville City boards of education to have local control over the school calendar
  • Click here for an official bill summary
• HB 257: School Calendar Flexibility/Multiple Counties  (primary sponsors: Representatives Renee Price, D-Orange; Allen Buansi, D-Orange)
  • Allows the Caswell County, Chapel Hill-Carrboro City, and Orange County boards of education to open schools no earlier than August 11 and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester
  • Click here for an official bill summary

Overall, two statewide and 23 local school calendar bills have been filed during this legislative session. These bills give more control to local boards of education to create a school calendar that better fits the needs of their students and community. All local school calendar bills that have been filed affect 53 school districts – nearly half the school districts in the State. Click here for a list of the affected school districts. Click here for a list of these school calendar bills.

Local Education Bill that Became Law

On Wednesday, the House voted 67-48 along party lines to concur with Senate changes to HB 88: Omnibus Local Elections (primary sponsors: Representatives Jon Hardister, R-Guilford; John Faircloth, R-Guilford). Since this local bill does not require the Governor’s signature, it was ratified into SL 2023-4. This bill clarifies the filling of vacancies on the Guilford County Board of Education and makes elections partisan for the Ashe County, Cabarrus County, Henderson County, McDowell County, and Mitchell County boards of education. Click here for an official bill summary. Click here for an article on HB 88.

Local Education Bill Approved by House Committee

On Tuesday, HB 262: School Assignment Zones (primary sponsors: Representatives Phil Shepard, R-Onslow; George Cleveland, R-Onslow; Carson Smith, R-Pender) had its first committee hearing this week when the House Education K-12 Committee approved the bill and referred it to the House Local Government. HB 262 requires student assignment zones that allow students the opportunity to attend the schools closet to their residence in Onslow County Schools. Click here for an official bill summary.

 

Following, the State Supreme Court’s March 3 order to block the transfer of funds to comply with years two and three of the Leandro Comprehensive Remedial Plan, on March 10, Superior Court Judge James Ammons held his first hearing in the Leandro case. As a reminder, Judge Ammons was assigned to the case on December 29, 2022. Judge Ammons ordered the parties to file briefs by March 15, followed by a hearing today, March 17. During today’s hearing, parties in the case agreed that $677 million remains to be appropriated for years two and three of the Plan. The attorney representing legislative intervenors, House Speaker Tim Moore and Senate Leader Phil Berger, claim the remaining appropriation is much lower. Judge Ammons stated that draft orders are due in one week, and then he will issue an order that includes the remaining balance for years two and three of the Plan.

Click here for an article on the March 10 hearing, which includes background on the Leandro case.

 

The local bill filing deadline for the Senate was March 9, and the local bill filing deadline for the House is next Thursday, March 23. Public/statewide bill filing deadlines for the House and Senate are in April.

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

Statewide Bills

• SB 302: Green Schools Save Money (primary sponsor: Senator Graig Meyer, D-Orange)
  • Appropriates funds to improve energy efficiency in schools in local school districts, to power schools with solar energy, and to replace combustion-powered school buses with electric-powered school buses
• HB 366: Restores Master’s Pay for Teachers & ISP (primary sponsors: Representatives Julie von Haefen, D-Wake; Cynthia Ball, D-Wake; Amos Quick, D-Guilford; Lindsey Prather, D-Buncombe)
  • Identical to HB 369 (primary sponsor: Representatives Carla Cunningham, D-Mecklenburg) and SB 184 (primary sponsors: Senators Joyce Waddell, D-Mecklenburg; Rachel Hunt, D-Mecklenburg; Mujtaba Mohammed, D-Mecklenburg)
  • Appropriates funds to reinstate education-based salary supplements for teachers and instructional support personnel
• HB 382: Registered Nurses in Schools (primary sponsors: Representative John Bradford, R-Mecklenburg; Donna White, R-Johnston; Tricia Cotham, D-Mecklenburg; Carla Cunningham, D-Mecklenburg)
  • Allows licensed registered nurses to serve as school nurses
• HB 391: Civic Youth Group Access (primary sponsors: Representatives Stephen Ross, R-Alamance; Jon Hardister, R-Guilford; John Bell, R-Wayne; Kevin Crutchfield, R-Cabarrus)
  • Allows civic youth groups to give presentations about organization membership to students in public schools
• HB 398: Child Care Act (primary sponsors: Representatives Carolyn Logan, D-Mecklenburg; John Autry, D-Mecklenburg; Gloristine Brown, D-Pitt; Garland Pierce, D-Scotland)
  • Provides lunch in public schools at no cost to students through an allocation based on school authority evaluations
  • Requires a report on the feasibility and advisability of a high school child care apprenticeship program
  • Expands the NC Pre-K program
• HB 405: Funds for Ready for School, Ready for Life (primary sponsors: Representative Ashton Clemmons, D-Guilford; Jon Hardister, R-Guilford; John Faircloth, R-Guilford; Cecil Brockman, D-Guilford)
  • Appropriates funds to Ready for School, Ready for Life, to continue state financial support of an integrated data system for early childhood development programs
• SB 317: Addressing the Workforce Housing Crisis (primary sponsors: Senators Paul Newton, R-Cabarrus; Timothy Moffit, R-Henderson; Paul Lowe, D-Forsyth)
  • Establishes workforce housing developments to address critical housing shortages for teachers, as well as firefighters, law enforcement officers, nurses, first responders, and other vital workers and first-time homebuyers

Local Bills

• HB 406: Guilford County Schools Funding Requests (primary sponsors: Representative Ashton Clemmons, D-Guilford; Jon Hardister, R-Guilford; John Faircloth, R-Guilford; Amos Quick, D-Guilford)
  • Appropriates funds to continue programs in Guilford County Schools for tutoring, learning hubs, and the Innovative Signature Career Academy
• SB 323: Funds for Renovations to Ashley Elementary (primary sponsor: Senator Paul Lowe, D-Forsyth)
  • Provides funds for renovation and construction at Ashley Elementary School in Winston-Salem/Forsyth County Schools

 

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

March 13, 2023, Weekly Report

Headlines for this edition include:

• US Department of Education Holds Briefing on Biden Budget
  • The President’s proposed education budget increases discretionary spending in the USED by 14% for a total of $90 billion
• US House of Representatives Committee on Education and the Workforce Passes First Education-Related Bills
  • On a party-line vote, the committee passed the Parents’ Bill of Rights and the Protection of Women and Girls In Sports Act
  • Representative Virginia Foxx (R-05) of North Carolina chairs the Committee

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

State News

• EdNC – North Carolina schools report nearly $3 million in school meal debt
• News & Observer – Books On Race and Sexuality Are Among the Most Targeted in NC Schools, Survey Finds
• WFAE – Will partisan school board elections keep growing in NC?
• Carolina Journal – NC youth suicide rate nearly tripled in two decades
• EdNC – These rural NC school districts are tackling the teacher shortage in an innovative way

National News

• Education Week – The Gender Pay Gap is a Problem for Teachers, Too
• Education Week – Many Educators Give Their School Buildings Low Grades. There’s No Big Fix in Sight.
• NPR – 3 years since the pandemic wrecked attendance, kids still aren’t showing up to school
• Future Ed – The New Wave of Public Funding for Private Education, Explained
• New York Times – Teachers, Facing Increasing Levels of Stress, Are Burned Out
• K-12 Dive – Half of Private School Voucher Tax Credits Go To Families Making Above $200K
• K-12 Dive – Top Ed Tech Sites Used by Schools Employ ‘Extensive’ Tracking Tools

Tuesday, March 21

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

• HB 308: Alexander Co. Bd. of Ed. Referendum.

11:00 am – House Pensions and Retirement – Legislative Offices Building, rm 415 (livestream)

• HB 142: Protect Our Students Act.-AB

Wednesday, March 22

12:00 pm – House Judiciary 1 – Legislative Offices Building, rm 403 (livestream)

• HB 188: Standards of Student Conduct.

 

 

 

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

Rebekah Howard
Advocacy Coordinator
NC School Boards Association
rhoward@ncsba.org

Madison Skeens
Assistant Director of Governmental Relations
N.C. School Boards Association
mskeens@ncsba.org

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

 

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

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

Budget Talk

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

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

State of the State

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

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

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

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

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

School Calendar Bills with Action This Week

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

• HB 86: School Calendar Flex/Statewide (primary sponsors: Representatives Neal Jackson, R-Moore: Brian Biggs, R-Randolph; Sarah Stevens, R-Surry; Donnie Loftis, R-Gaston)
  • Allows local school boards to open schools as early as the Monday closest to August 10 and, if the first semester ends prior to December 31, allows the boards to administer assessments prior to the end of that semester
• HB 239: School Calendar Flexibility/Johnston Co. (primary sponsors: Representatives Larry Strickland, R-Johnston; Donna White, R-Johnston; Howard Penny, R-Harnett)
  • Allows the Johnston County board of education to open schools no earlier than August 10 and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester

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

• HB 195: School Calendar Flexibility/Roanoke Rapids (primary sponsor: Representative Michael Wray, D-Northampton)
  • Allows the Roanoke Rapids Graded School District Board of Education to have local control over the school calendar and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester

The following local school calendar bills were filed this week:

• HB 306: School Calendar Flexibility/Granville & Vance (primary sponsor: Representative Frank Sossamon, R-Granville)
  • Allows the Granville County and Vance County boards of education to open schools no earlier than August 1 and, if the first semester ends prior to December 31, allows the boards to administer assessments prior to the end of that semester
• SB 229: School Calendar Flexibility/Charlotte-Meck (primary sponsors: Senators Natasha Marcus, D-Mecklenburg; Rachel Hunt, D-Mecklenburg; Deandra Salvador, D-Mecklenburg)
  • Allows the Charlotte-Mecklenburg Board of Education to have local control over the school calendar and allows first semester exams to be given before winter break
• SB 266: School Calendar Flexibility/Chatham (primary sponsor: Senator Natalie Murdock, D-Durham)
  • Allows the Chatham County Board of Education to open schools no earlier than August 10 and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester
• SB 278: School Calendar Flexibility/Durham (primary sponsors: Senators Natalie Murdock, D-Durham; Mike Woodward, D-Durham)
  • Allows the Durham County Board of Education to open schools no earlier than August 10 and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester

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

Statewide Education Bills that Passed the House

On Wednesday, HB 8: Computer Science Grad Requirement (primary sponsors: Representatives Erin Paré, R-Wake; John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Jon Hardister, R-Guilford) passed the House on a 115-2 vote. This bill requires completion of a computer science course for graduation from high school. To maintain the current amount of required graduation credits, HB 8 decreases the number of elective credits by one. Click here for an official bill summary.

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

• Extends the pilot program for the State’s two virtual charter schools from 10 to 11 years, ending the pilot with the 2025-26 school year
  • Authorizes increased student enrollment in each remaining year of the pilot program
  • At the end of the pilot program, allows the two virtual charter schools to apply to the State Board of Education (SBE) for a charter renewal
• Beginning with the 2023-24 school year, allows new remote charter academy applications and charter modifications to include a remote charter academy to be submitted to SBE for approval

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

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

Statewide Education Bill that Passed the Senate

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

Statewide Education Bills Approved by Committee

On Wednesday, HB 142: Protect Our Students Act.-AB (primary sponsors: Representatives John Torbett, R-Gaston; Kristin Baker, R-Cabarrus; Jake Johnson, R-Polk; Keith Kidwell, R-Beaufort) had its second committee hearing when the House Judiciary 1 Committee approved the bill and referred to the House Pensions and Retirement Committee. HB 142 is an agency bill supported by DPI and the State Superintendent. The bill does the following:

• Increases penalties for failure of school administrators to report certain misconduct to the State Board of Education
• Increases penalties and modifies definitions for certain sex offenses against students
• Requires public school units to show 6^th – 12^th grade students a video produced by DPI’s Center for Safer Schools containing age-appropriate information about sexual abuse, as recommended by DPI
• Clarifies the forfeiture of retirement benefits for certain felonies

Click here for an official bill summary.

On Tuesday, SB 83: No High Risk Apps/Gov’t Networks & Devices (primary sponsors: Senators Timothy Moffit, R-Henderson; Jim Perry, R-Lenoir; Bobby Hanig, R-Currituck) had its second committee hearing when the Senate Judiciary Committee approved the bill and referred it to the Senate Rules Committee. SB 83 prohibits the use of TikTok, Telegram, and WeChat on government-issued devices. This bill applies to “any employee, elected official, or appointee of a public agency.” Click here for an official bill summary.

Local Education Bills that Became Session Law

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

• HB 27: Elect Thomasville City Bd. of Ed/SL 2023-1 (primary sponsor: Representative Sam Watford, R-Davidson)
  • Changes the Thomasville City Board of Education from appointed members to elected members
  • Click here for an official bill summary
• HB 30: Reduce Length of Granville Bd. of Ed. Terms/SL 2023-2 (primary sponsors: Representatives Matthew Winslow, R-Franklin; Frank Sossamon, R-Granville)
  • Reduces the term length on the Granville County Board of Education from six years to four years
  • Click here for an official bill summary

Local Education Bills that Passed the House

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

• HB 66: Catawba/Newton-Conover/Hickory Bd of Ed Elect(primary sponsors: Representatives Jay Adams, R-Catawba; Mitchell Setzer, R-Catawba)
  • Passed on a voice vote
  • Changes the method of election for the Catawba County, Hickory City, and Newton-Conover City boards of education from nonpartisan to partisan
  • Click here for an official bill summary
• HB 81: Increase Halifax Co. Bd. of Ed. Compensation(primary sponsor: Representative Michael Wray, D-Northampton)
  • Passed on a 110-6 vote
  • Increases the compensation of the chair and members of the Halifax County Board of Education
  • Click herefor an official bill summary

• HB 174: W-S/Forsyth Bd. or Ed./Rural Hall Even-Year (primary sponsor: Representative Donny Lambeth, R-Forsyth)
  • Passed on a voice vote
  • Staggers the terms of office for members elected to the Winston-Salem/Forsyth Board of Education
  • Click here for an official bill summary
• HB 179: Pamlico Board of Education Partisan (primary sponsor: Representative Keith Kidwell, R-Beaufort)
  • Passed on a voice vote
  • Changes the election of the Pamlico County Board of Education from nonpartisan to partisan
  • Click here for an official bill summary

Local Education Bill that Passed the Senate

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

Bill to Require Administrator Ethics Training

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

Bills to Require and Fund a Nurse in Every School

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

• HB 336: Healthy Students – A Nurse in Every School (primary sponsors: Representatives Cynthia Ball, D-Wake; Donny Lambeth, R-Forsyth; Donna White, R-Johnston; Diamond Staton-Williams, D-Cabarrus)
• SB 263: Healthy Students – A Nurse in Every School (primary sponsors: Senators Gale Adcock, D-Wake; Ralph Hise, R-Mitchell; Lisa Barnes, R-Nash)

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

 

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

 

Bill to Prohibit Certain School Lessons Around Race and Sex

On Tuesday, March 14, at 1:00 pm the House Education K-12 Committee is scheduled to hear HB 187: Equality In Education (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; David Willis, R-Union; Diane Wheatley, R-Cumberland). HB 187 mirrors a bill vetoed by Governor Roy Cooper during the 2021 legislative session. HB 187 lists 13 concepts that are prohibited from being promoted in public schools, including:

• One race or sex is inherently superior to another race or sex
• An individual, solely by virtue of his or her race or sex, is inherently racist, sexist, or oppressive
• An individual, solely by virtue or his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex
• The United States was created by members of a particular race or sex for the purpose of oppressing members of another race of sex

HB 187 also requires public school units to notify DPI and post to their website information about:

• Instruction regarding the 13 concepts
• Contracting with, hiring, or otherwise engaging speakers, consultants, diversity trainers, and other persons for the purpose of discussing the 13 concepts

Click here for a livestream of Tuesday’s meeting.

 

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

Statewide Bills

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

Local Bills

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

 

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

March 6, 2023, Weekly Report

Headlines for this edition include:

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

 

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

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

 

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

State News

• Best NC – Teacher Pay in North Carolina: A Smart Investment in Student Achievement
• EdNC – Whole Child NC committee plans to make recommendations to State Board in June
• EdNC – Superintendents and presidents work together to change NC one student at a time
• EdNC – NC’s Beginning Teacher of the Year Natalia Mejia calls for change

National News

• Newsweek – We Are Raising the Bar for Parent Partnership in Our Schools (by US Education Secretary Miguel Cardona)
• K-12 Dive – How Can Districts Prevent Millions of Children From Losing Medicaid Coverage?
• K-12 Dive – 4 Ways the National Cybersecurity Strategy Could Shape K-12

 

Tuesday, March 14

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

• HB 67: Encourage Healthy NC Food in Schools.
• HB 150: School Contracted Health Services.
• HB 160: School Cal. Flexibility/Buncombe & Asheville.
• HB 163: School Calendar Flexibility/Craven Co.
• HB 176: School Calendar Flexibility/Lee.
• HB 187: Equality in Education.
• HB 188: Standards of Student Conduct.
• HB 207: Mandatory Training Contributing to CEUs.
• HB 221: School Cal Flexibility/Yadkin & Davie Co.
• HB 236: School Calendar Flexibility/Carteret.
• HB 257: School Calendar Flexibility/Multiple Counties.
• HB 262: School Assignment Zones.
• SB 52: Open Meetings/Administering Organizations.

 

 

 

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

Rebekah Howard
Advocacy Coordinator
NC School Boards Association
rhoward@ncsba.org

Madison Skeens
Assistant Director of Governmental Relations
N.C. School Boards Association
mskeens@ncsba.org

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

 

The big education news of this week is the filing of HB 219: Charter School Omnibus. Below we explain how this bill is a major threat to school districts’ funding. Other education bill filings include five more local school calendar bills. Additionally, joint meetings of the House and Senate appropriations committees continued this week as legislators prepare to write the 2023-25 State budget. More budget requests were approved by the State Board of Education on Thursday, including a 10% raise for all teachers. You can read about this and other important actions taken by the Board under “SBE Monthly Meeting.”

Charter Schools Bill Could Cost LEAs Millions

On Tuesday, HB 219: Charter School Omnibus was filed. We sent an alert earlier this week explaining that this is the bill we have been sounding alarms about for months that will cost school districts millions of dollars per year. HB 219 includes seven sections, with sections 6 and 7 containing high-priority issues.

Section 6 authorizes counties to provide capital funds to charter schools. This is problematic because counties are currently unable to meet their statutory obligation of providing LEAs with sufficient capital funding. With a backlog of more than $13 billion statewide, this provision makes no sense when counties don’t have enough resources as it is.

HB 219 gives charter schools easy access to much more of school districts’ funds. Section 7 creates unfair funding requirements and drastically tips the scale in favor of charter schools. It requires school districts to share with charter schools a percentage of the following:

1. Federal reimbursements
   • e.g., reimbursements for Medicaid programs and school nutrition programs (if charters offer these programs, they get the same reimbursements)
2. Fees for actual costs
   • e.g., renting part of a facility (charters will keep 100% of fees they receive)
3. Tuition
   • e.g., after-school care (charters will keep 100% of tuition they receive)
4. Sales tax refunds
   • Charters currently receive state and local sales tax refunds, while LEAs only receive local tax refunds
   • HB 219 requires LEAs to share a portion of their refund, while charters will keep 100% of theirs
5. Gifts and grants
   • e.g., a technology grant received by a 10^th grade club (LEAs will have to share a portion of their funds, and charters will keep 100% of theirs)
6. Federal appropriations made directly to LEAs
   • e.g., for programs like JROTC (why should a school have to share JROTC money with a school that doesn’t have JROTC?)
7. Funds received for pre-k programs
   • These funds must be used for these programs, therefore, the LEA will be required to share funds from day-to-day operations
8. Fund balance
   • Will charters have to share a portion of their fund balance with the LEA? Answer: NO!
9. Interest income
10. Supplemental taxes
    • These are currently shared with charters located within the tax district
    • HB 219 expands it to all charters outside of the tax district if they enroll students who reside within the tax district where the taxes are levied
11. Sales tax revenues distributed using the ad valorem method (this affects 15 school districts)

It’s worth repeating, charter schools will NOT be required to share any of these 11 pots of monies with school districts. The bottom line is that charter schools want more of your funds that are not rightfully theirs.

Sections 1-5 of HB 219 also raise concerns, but at this point, NCSBA is focused on Sections 6 and 7, as they pose the highest threat to school districts.

HB 219 is sponsored by Representatives John Torbett, R-Gaston; John Bradford, R-Mecklenburg; David Willis, R-Union; and Jason Saine, R-Lincoln.

Please let us know if you have any questions about HB 219. Additionally, click here to access NCSBA’s webinar on LEA and charter school funding to learn more about this issue.

School Calendar Bills with Action This Week

The following local school calendar bills were filed this week and referred to the House Education K-12 Committee:

• HB 221: School Calendar Flexibility/Yadkin & Davie Co. (primary sponsor: Representative Julia Howard, R-Davie)
  • Allows Yadkin and Davie County boards of education to align their calendar with Surry Community College or Davidson-Davie Community College calendars

• HB 236: School Calendar Flexibility/Carteret (primary sponsor: Representative Celeste Cairns, R-Carteret)
  • Allows the Carteret County Board of Education to align its calendar with the Carteret Community College calendar
• HB 239: School Calendar Flexibility/Johnston Co. (primary sponsors: Representatives Larry Strickland, R-Johnston; Donna White, R-Johnston; Howard Penny, R-Harnett)

• Allows the Johnston County board of education to open schools no earlier than August 10 and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester

• HB 257: School Calendar Flexibility/Multiple Counties  (primary sponsors: Representatives Renee Price, D-Orange; Allen Buansi, D-Orange)
  • Allows the Caswell County, Chapel Hill-Carrboro City, and Orange County boards of education to open schools no earlier than August 11 and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester

Additionally, one local school calendar bill was filed in the Senate this week and referred to the Senate Rules Committee:

• SB 170: School Calendar Flexibility/Multiple Counties (primary sponsor: Senator Kevin Corbin, R-Macon)
  • Allows the Asheville City, Buncombe County, Cherokee County, Clay County, Graham County, Haywood County, Jackson County, Macon County, Swain County, and Transylvania County boards of education to have local control over the school calendar

It is important to note that Senate leader Phil Berger, R-Rockingham, has stated his opposition to moving any school calendar legislation in the Senate.

So far during this legislative session two statewide and nineteen local school calendar bills have been filed. These bills give more control to local boards of education to create a school calendar that better fits the needs of their students and community. All local school calendar bills filed so far this session affect 48 school districts Click here for a list of the affected school districts. Click here for a list of these local bills.

House and Senate Joint Education Appropriations Committee Meetings

The House and Senate Education Appropriations Committees wrapped up their joint meetings this week. The committees were presented with the following:

• A more in-depth presentation of DPI and the State Board of Education’s budget requests that were first presented last week
• NC Community College System budget requests
• UNC System budget requests
• NC Independent Colleges and Universities System budget requests

DPI also presented how it is spending federal COVID relief funds. There were three rounds of COVID relief funds appropriated to NC education agencies between March 2020 and March 2021, totaling $5.5 billion. School districts must spend all federal COVID funds by September 30, 2024.

Statewide Education Bills That Passed the House

HB 11: Schools for the Deaf and Blind (primary sponsors: Representatives Hugh Blackwell, R-Burke; Ken Fontenot, R-Wilson; Erin Pare, R-Wake; Dianne Wheatley, R-Cumberland) passed the House on a 71-45 party-line vote on Wednesday. HB 11 does the following:

• Upon request, for a student who has applied to a school for the deaf or blind, requires the local superintendent to share current evaluation data and the current or proposed individualized education plan for any child enrolled in that superintendent’s PSU
• Establishes boards of trustees to govern the State’s schools for the deaf or blind, taking away the State Board of Education’s authority as the sole governing agency and DPI’s administrative responsibilities and oversight of these schools
• Allows these boards of trustees to collaborate with local boards of education in the development of rules, curriculum, or other matters and to enter memorandums of understanding or joint contracts with local boards of education to engage in joint undertakings or purchases

Since these schools are comprised of students from across the State, Democrats think they should continue to be overseen by a statewide board. Republicans claim that the current oversight structure is not working, which is why HB 11 creates local boards to govern the schools. Click here for an official bill summary.

HB 60: SUDEP Awareness Week (primary sponsors: Representatives Dennis Riddell, R-Alamance; Keith Kidwell, R-Beaufort; Ken Fontenot, R-Wilson; Ben Moss, R-Richmond) unanimously passed the House on Wednesday. The bill encourages local school boards to develop and provide seizure awareness training for all teachers and school personnel who may be responsible for students with epilepsy or students that are predisposed to seizures. Click here for an official bill summary.

Statewide Education Bills Approved by Committee

SB 52: Open Meetings/Administering Organizations (primary sponsors: Senators Vickie Sawyer, R-Iredell; Todd Johnson, R-Union; Tom McInnis, R-Moore) had its second committee hearing this week when the Senate Rules Committee approved the bill. SB 52 says that an administering organization of high school interscholastic athletics is subject to the provisions of the open meetings law. Click here for an official bill summary.

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) had its first committee hearing this week when the House Committee on Federal Relations and American Indian Affairs approved the bill. HB 166 allows American Indian students to wear cultural objects at public school graduation ceremonies. Click here for an official bill summary.

Local Education Bills with Action This Week

The following local education bills were approved by the Senate Redistricting and Elections Committee and referred to the Senate Rules Committee:

• HB 27: Elect Thomasville City Bd. of Ed. (primary sponsor: Representative Sam Watford, R-Davidson)
  • Changes the Thomasville City Board of Education from appointed members to elected members
  • Click here for an official bill summary
• HB 30: Reduce Length of Granville Bd. of Ed. Terms. (primary sponsors: Representatives Matthew Winslow, R-Franklin; Frank Sossamon, R-Granville)
  • Reduces the term length on the Granville County Board of Education from six years to four years
  • Click here for an official bill summary
• HB 31: Rowan-Salisbury Board of Educ. Filing Period. (primary sponsor: Representative Harry Warren, R-Rowan)
  • Changes the filing period for candidates running for the Rowan-Salisbury Board of Education to between the first and third Friday in July before the general election
  • Click here for an official bill summary
• HB 88: Omnibus Local Elections (primary sponsors: Representatives Jon Hardister, R-Guilford; John Faircloth, R-Guilford)
  • Clarifies the filling of vacancies on the Guilford County Board of Education
  • Makes elections partisan for the Ashe County, Cabarrus County, Henderson County, McDowell County, and Mitchell County boards of education
    • These election changes were added by the Senate Redistricting and Elections Committee’s proposed committee substitute
  • Click here for an official bill summary
• SB 103: Partisan Elections Henderson County Board of Education (primary sponsor: Senator Tim Moffitt, R-Henderson)
  • Makes the Henderson County Board of Education elections partisan
  • Click here for an official bill summary
• SB 150: Make McDowell County Board of Education Election Partisan (primary sponsor: Senator Warren Daniel, R-Burke)
  • Changes the election of the McDowell County Board of Education from nonpartisan to partisan
  • Click here for an official bill summary

Additionally, HB 66: Catawba/Newton-Conover/Hickory Bd of Ed Elect (primary sponsors: Representatives Jay Adams, R-Catawba; Mitchell Setzer, R-Catawba) was scheduled for a vote on the House floor on Wednesday but was withdrawn prior to a vote and referred to back to the House Rules Committee. HB 66 changes the method of election for the Catawba County, Hickory City, and Newton-Conover City boards of education from nonpartisan to partisan. Click here for an official bill summary.

 

The State Board of Education (SBE) met this week on March 1 and 2 for its monthly meeting. Board members were presented with the following:

• Request to the General Assembly to authorize new teacher licensure system pilot program
• Updated 2021-22 Educator Preparation Program performance report
• Center for Safer Schools 2021-22 consolidated data report

Request to the General Assembly to authorize new teacher licensure system pilot program: The SBE approved a motion to send a written statement from the Board to the General Assembly requesting authorization of a six-year pilot program of the new teacher licensure/salary model. The request includes (i) a statement of need/policy, (ii) required elements of the proposed pilot, and (iii) additional items that need to be in the pilot legislation. The Board’s motion also included receipt of recommendations for the pilot program from DPI’s Professional Educator Preparation and Standards Commission (PEPSC), which include the following:

• Advanced teaching and leader roles
• New professional learning tools and structures
• New pathway entry points
• Measures of teaching effectiveness

This new model would pay teachers based on performance, effectiveness, and years of experience, rather than exclusively on years of experience. The model is expected to provide higher salaries for most, if not all, teachers.

Additionally, in a separate motion, the Board approved a request to the General Assembly to raise teacher pay up to 10% for all teachers. The motion stated a need for investment in beginning teacher pay to make NC a leader in teacher pay among the southeastern states. Click here for an article on the SBE’s approved motions regarding teacher pay.

Updated 2021-22 Educator Preparation Program performance report: The Board received an updated 2021-22 EPP performance report. Last month, DPI staff stated there was a 42% drop in new EPP enrollments between 2021 and 2022. That number is actually 24% based on what DPI staff said are data adjustments for specific EPPs (slide 9), removing from the data already-licensed candidates who are pursuing additional teaching licenses (slide 10), and a correction in how year-to-year differences in enrollment are calculated (slides 11 and 12). DPI staff again stated this decline in enrollment will have an employment impact in the 2024-25 and 2025-26 school years. Board members approved this 2021-22 EPP performance report to be sent to the General Assembly, as well as the 2021-22 State of the Teaching Profession report that was also presented last month and was largely unchanged prior to approval this month.

Center for Safer Schools 2021-22 consolidated data report: The SBE received an annual report on school crime and violence, suspensions and expulsions, use of corporal punishment, reassignments for disciplinary reasons, alternative learning placements, and dropout rates. 2021-22 data was compared to pre-pandemic data from the 2018-19 school year. Report findings include:

• 9% increase in total number of crimes
  • Possession of a controlled substance was the highest reportable crime
• 2% increase in short-term suspensions
• 1% increase in long-term suspensions
• 3% decrease in in-school suspensions
• No reported use of corporal punishment

Click here to access the presentation, which includes breakdowns of this data by student subgroups. Board members expressed concern about this data and the need to look at what schools are doing to reduce their numbers. Board members also explained the need to create consistency in student codes of conduct across the State and include students in conversations about writing disciplinary policies and procedures. Click here for a DPI press release on this data.

Click here to access all meeting materials.

 

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

Statewide Bills

• HB 222: No CV19 Vaccine Mandates for North Carolina Students (primary sponsors: Representatives George Cleveland, R-Onslow; Mitchell Setzer, R-Catawba; Mark Pless, R-Haywood; Edward Goodwin, R-Chowan)
  • Prohibits state and local public health agencies and officials from requiring that North Carolina students be vaccinated against COVID-19
• HB 230: Study State Travel Allowances and Reimbursements (primary sponsor: Representative Harry Warren, R-Rowan)
  • Creates a commission to study the modernization of current state travel allowances for several categories of state employees and elected officials, including school board members and teachers
• HB 243: Repeal Collective Bargaining Ban (primary sponsors: Representatives Carolyn Logan, D-Mecklenburg; Pricey Harrison, D-Guilford; Zack Hawkins, D-Durham; Nasif Majeed D-Mecklenburg)
  • Repeals the state ban on collective bargaining for public employees
• HB 253: Prevent Students From Harm Act (primary sponsors: Representatives Jeffrey Elmore, R-Wilkes; Kristin Baker, R-Cabarrus; Donna White, R-Johnston; Ashton Clemmons, D-Guilford)
  • Incorporates character education to address bullying and harassing behavior
  • Provides child sexual abuse and sex trafficking training for educators
  • Provides age-appropriate information on the prevention of suicide, abuse, and neglect as part of the health education curriculum
• SB 177: Teacher License Reciprocity (primary sponsor: Senator Joyce Waddell, D-Mecklenburg)
  • Grants a continuing professional license to teachers licensed in other states with substantially similar requirements
• SB 184: Restore Master’s Pay for Teachers and Instructional Support Personnel (primary sponsors: Senators Joyce Waddell, D-Mecklenburg; Rachel Hunt, D-Mecklenburg; Mujtaba Mohammed, D-Mecklenburg)
  • Appropriates funds to reinstate education-based salary supplements for teachers and instructional support personnel
• SB 185 Restore Educator Longevity (primary sponsors: Senators Joyce Waddell, D-Mecklenburg; Rachel Hunt, D-Mecklenburg; Mujtaba Mohammed, D-Mecklenburg)
  • Appropriates funds to restore longevity pay for teachers and instructional support personnel
• SB 187: Teacher Licensure/Retired Educator Program (primary sponsors: Senators Tom McInnis, R-Moore; Todd Johnson, R-Union; Lisa Barnes, R-Nash)
  • Changes teacher licensure requirements and expands the use of retired educators in high need schools
• SB 193: Career Development Plans (primary sponsors: Senators Amy Galey, R-Alamance; Michael Lee, R-New Hanover)
  • Requires school districts to create a career development plan for each middle and high school student

Local Bills

• HB 244: Partisan Board of Education Elections McDowell/Mitchell (primary sponsors: Representatives Dudley Greene, R-McDowell; Jake Johnson R-Henderson)
  • Changes the McDowell County and Mitchell County board of education elections from nonpartisan to partisan
• HB 256: Muddy Sneakers (primary sponsor: Representative Jake Johnson, R-Henderson)
  • Appropriates funds to Muddy Sneakers, Inc., to support its experiential learning programs that aim to improve the science aptitude of fifth grade students through supplemental, hands-on field instruction of the State science standards
• HB 262: School Assignment Zones (primary sponsors: Representatives Phil Shepard, R-Onslow; George Cleveland, R-Onslow; Carson Smith, R-Pender)
  • Requires student assignment zones that allow students the opportunity to attend the schools closet to their residence in Onslow County Schools
• SB 173: Dual Track Diploma Pilot (primary sponsor: Senator Bobby Hanig, R-Currituck)
  • Establishes a pilot program in the Currituck County Schools to provide a vocational graduation pathway for students
• SB 178: Greensboro/School Zone Electronic Enforcement (primary sponsors: Senators Gladys Robinson, D-Guilford; Michael Garrett, D-Guilford)
  • Allows the city of Greensboro to establish a pilot program using electronic speed measuring systems to detect speed limit violations in school zones
• SB 180: Edgecombe County School Nurses (primary sponsor: Senator Kandie Smith, D-Pitt)
  • Appropriates funding to provide a school nurse for every school in Edgecombe County
• SB 181: Pitt County School Nurses (primary sponsor: Senator Kandie Smith, D-Pitt)
  • Appropriates funding to provide a school nurse for every school in Pitt County

 

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

February 27, 2023, Weekly Report

Headlines for this edition include:

• Congress Begins Work on Budget
• Department of Education Releases Resources to Help School Athletic Departments Comply With Title IX

 

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

State News

• North Carolina Law Review – Who’s in Charge?: The Constitutional Confusion Challenging North Carolina’s Public School System
• ABC 13 News – State opens ‘first of its kind’ school safety training facility with plans to expand
• DPI – NCDPI Joins NC Businesses for 13^th Annual Students@Work Program
• EdNC – Cooper celebrates literacy at a school celebrating diversity, inclusion, and the science of reading

National News

• ABC News – Parents Would Have New Power Over Their Kids Education Under House GOP Bill
• AP News – US has a teacher shortage. HBCUs are helping to change that
• Brookings – Survey: What purpose do suspensions serve? Principals don’t seem quite sure
• New York Times – A Video-Gaming School Stumbles Upon a Way to Get Dropouts Back in Class
• Smart Brief – 3 Ways to Enhance Your District’s Cybersecurity Approach
• Washington Post – The GOP’s Tortured Spin on DOJ and School Boards

 

Tuesday, March 7

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

• HB 174: Stagger Winston-Salem/Forsyth Bd. of Ed. Term.
• HB 179: Pamlico Bd. of Ed. Elect. Partisan.

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

• HB 136: Arts High School Diploma Endorsement
• HB 149: Remote Charter Academies
• HB 86: School Calendar Flexibility/Statewide
• HB 195: School Calendar Flexibility/Roanoke Rapids.
• HB 239: School Calendar Flexibility/Johnston Co.

 

 

If your school board is planning to have a function with your legislative delegation, we would be happy for a member of the NCSBA Governmental Relations team to attend. Just let us know! Also, if your school board adopts its own legislative agenda, please forward it to rhoward@ncsba.org.

 

 

 

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

Rebekah Howard
Advocacy Coordinator
NC School Boards Association
rhoward@ncsba.org

Madison Skeens
Assistant Director of Governmental Relations
N.C. School Boards Association
mskeens@ncsba.org

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

 

 

It was a productive week at the General Assembly, with many education-related bills filed, debated, and voted on by members. Most notably, four local school calendar bills impacting 23 school districts were passed by the House and sent to the Senate for consideration. Despite the overwhelming support for these school calendar bills, Senate Leader Phil Berger, R-Rockingham, was quoted this week saying, “I don’t see where there’s a need to change the calendar law, except maybe to beef up the enforcement mechanisms for local systems that ignore the law.” House Speaker Tim Moore, R-Cleveland, had a slightly different take, saying, “The communities at the beach, where maybe it doesn’t work for them, fine. Let them start (later), give them the flexibility they want. But, for those of us in the other parts of the State where we see a need, let the folks start then.”

School Calendar Bills with Action This Week

The following local school calendar bills passed the House on Wednesday on an 111-2 vote:

• HB 45: Address Pandemic Learning Loss/Alamance County(primary sponsors: Representatives Dennis Riddell, R-Alamance; Stephen Ross, R-Alamance)
  • Temporarily allows the Alamance-Burlington Board of Education to adjust the school calendar to address pandemic learning loss
• HB 106: School Calendar Flexibility/Various LEAs(primary sponsors: Representatives Donny Lambeth, R-Forsyth; Kyle Hall, R-Stokes; Jeff Zenger, R-Forsyth)
  • Allows the Winston-Salem/Forsyth County and Stokes County boards of education to open schools no earlier than August 11 and, if the first semester ends prior to December 31, allows the boards to administer assessments prior to the end of that semester
  • Charlotte-Mecklenburg, Davidson County, Guilford County, Jackson County, Lexington City, Swain County, Thomasville City, and Transylvania County boards of education were added to the bill prior to approval by the House Education K-12 Committee on Tuesday
• HB 115: School Calendar Flexibility(primary sponsor: Representative Mitchell Setzer, R-Catawba)
  • Allows the Catawba County, Newton-Conover City, and Hickory City boards of education to have local control over the school calendar
  • Burke County, Cleveland County, Cumberland County, Davie County, Rutherford County, Wake County, and Yadkin County boards of education were added to the bill prior to approval by the House Education K-12 Committee on Tuesday
  • Anson County Board of Education was added to the bill prior to passage on the House floor
• HB 129: School Calendar Flexibility/Pitt County(primary sponsors: Representatives Timothy Reeder, R-Pitt; Gloristine Brown, D-Pitt)           
  • Allows the Pitt County Board of Education to open schools no earlier than August 15, unless August 15 falls on a weekend, then the opening date will be either the Friday immediately preceding or the Monday immediately following August 15

The following local school calendar bills were approved by the House Education K-12 Committee on Tuesday and were referred to the House Rules Committee, which is the last stop before going to the House floor for a vote:

• HB 70: School Calendar Flexibility/Halifax(primary sponsor: Representative Michael Wray, D-Northampton)
  • Allows the Halifax County Board of Education to open schools as early as the Monday closest to August 10
• HB 111: School Calendar Flexibility/Durham and Person(primary sponsor: Representative Ray Jeffers, D-Person)
  • Allows the Person County and Durham County boards of education to open schools no earlier than August 10 and, if the first semester ends prior to December 31, allows the boards to administer assessments prior to the end of that semester

The following local school calendar bills were filed this week and referred to the House Education K-12 Committee:

• HB 160: School Cal. Flexibility/Buncombe & Asheville (primary sponsors: Representatives Lindsey Prather, D-Buncombe; Eric Ager, D-Buncombe; Caleb Rudow, D-Buncombe)
  • Allows the Buncombe County and Asheville City boards of education to have local control over the school calendar
• HB 163: School Calendar Flexibility/Craven Co. (primary sponsor: Representative Steve Tyson, R-Craven)
  • Allows the Craven County Board of Education to open schools no earlier than August 10 and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester
• HB 176: School Calendar Flexibility/Lee (primary sponsor: Representative John Sauls R-Lee)
  • Allows the Lee County Board of Education to open schools no earlier than August 10 and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester
• HB 195: School Calendar Flexibility/Roanoke Rapids (primary sponsor: Representative Michael Wray, D-Northampton)
  • Allows the Roanoke Rapids Graded School District Board of Education to have local control over the school calendar and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester

So far during this legislative session, two statewide and fourteen local school calendar bills have been filed. These bills give more control to the local boards of education to create a school calendar that better fits the needs of their students and community. All local school calendar bills filed so far this session affect 38 school districts. Click here for a list of the affected school districts. Click here for a list of these local bills.

House and Senate Joint Education Appropriations Committee Meeting

The House and Senate Education Appropriations Committees held joint meetings on Wednesday and Thursday this week. On Wednesday, the Fiscal Research Division provided an overview of state funding for student financial aid programs and the NC State Education Assistance Authority presented information about K-12 programs. On Thursday, State Superintendent Catherine Truitt presented DPI and the State Board of Education’s (SBE) budget requests for the 2023-25 biennium. A few notable priorities for DPI and SBE include:

• School performance grade redesign
• Pay increases for teachers and principals
• Modifying the school psychologist allotment law

Click here for an article on the DPI/SBE presentation.

DPI Bill to Increase Penalties for Sex Offenses Against Students

HB 142: Protect Our Students Act.-AB (primary sponsors: Representatives John Torbett, R-Gaston; Kristin Baker, R-Cabarrus; Jake Johnson, R-Polk; Keith Kidwell, R-Beaufort) had its first committee hearing this week when the House Education K-12 Committee approved the bill and referred it to the House Judiciary 2 Committee. HB 142 does the following:

• Increases penalties and modifies definitions for certain sex offenses against students
• Increases penalties for failure of school administrators to report certain misconduct to the State Board of Education
• Requires public school units to show 6^th – 12^th grade students a video produced by DPI’s Center for Safer Schools containing age-appropriate information about sexual abuse, as recommended by DPI
• Clarifies the forfeiture of retirement benefits for certain felonies

Click here for an official bill summary. Click here for an article on HB 142.

Statewide Education Bills with Action This Week

HB 8: Computer Science Grad Requirement (primary sponsors: Representatives Erin Paré, R-Wake; John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Jon Hardister, R-Guilford) had its second committee hearing this week when the House State Government Committee approved the bill. Originally, the bill dropped one science credit to make room for the new computer science credit. However, the bill was amended this week to drop one elective credit, rather than the science credit. The bill will next be heard by the House Rules Committee and, if passed there, will go to the House floor for a vote. Click here for an official bill summary.

HB 67: Encourage Healthy NC Food in Schools (primary sponsors: Representatives Julia Howard, R-Davie; Mitchell Setzer, R-Catawba; Jimmy Dixon, R-Duplin) had its first committee hearing this week when the House Agriculture Committee approved the bill and referred it to the House Education K-12 Committee. This bill requires 100% muscadine grape juice to be available to K-12 students in public school units as a part of a school’s nutrition program or through the operation of the school’s vending facilities. Click here for an official bill summary.

SB 83: No High Risk Apps/Gov’t Networks & Devices (primary sponsors: Senators Timothy Moffit, R-Henderson; Jim Perry, R-Lenoir; Bobby Hanig, R-Currituck) had its first committee hearing this week when the Senate State and Local Government Committee approved the bill and referred it to the Senate Judiciary Committee. SB 83 prohibits the use of TikTok, Telegram, and WeChat on government-issued devices and during participation in any program or activity funded in whole or in part by State, federal, or local funds. This bill applies to any “employee of the State or of a local political subdivision of the State, or any person contracting with the State or with a local political subdivision of the State.” Click here for an official bill summary.

SB 52: Open Meetings/Administering Organizations (primary sponsors: Senators Vickie Sawyer, R-Iredell; Todd Johnson, R-Union; Tom McInnis, R-Moore) had its first committee hearing this week when the Senate Judiciary Committee approved the bill and referred it to the Senate Rules Committee. SB 52 says that an administering organization of high school interscholastic athletics is subject to the provisions of the open meetings law. Click here for an official bill summary.

Local Education Bill with Action This Week

HB 81: Increase Halifax Co. Bd. of Ed. Compensation (primary sponsor: Representative Michael Wray, D-Northampton) had its first committee hearing this week when the House Local Government Committee approved the bill and referred it to the House Finance Committee. This bill increases the compensation of the chair and members of the Halifax County Board of Education. Click here for an official bill summary.

Bill to Prohibit Certain School Lessons Around Race and Sex

HB 187: Equality In Education (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; David Willis, R-Union; Diane Wheatley, R-Cumberland) was filed on Thursday and mirrors a bill vetoed by Governor Roy Cooper during the 2021 legislative session. HB 187 lists 13 concepts that are prohibited from being promoted in public schools, including:

• One race or sex is inherently superior to another race or sex
• An individual, solely by virtue of his or her race or sex, is inherently racist, sexist, or oppressive
• An individual, solely by virtue or his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex
• The United States was created by members of a particular race or sex for the purpose of oppressing members of another race of sex

HB 187 also requires public school units to notify DPI and post to their website information about:

• Instruction regarding the 13 concepts
• Contracting with, hiring, or otherwise engaging speakers, consultants, diversity trainers, and other persons for the purpose of discussing the 13 concepts

 

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

Statewide Bills

• HB 147: Impaired Driving Law Revisions (primary sponsor: Representative Mike Clampitt, R-Swain)
  • Expands conditions that trigger an increased driver’s license restoration fee from when a license is mandatorily revoked under the statutory offense concerning a conviction of driving a school bus, school activity bus, or childcare vehicle after consuming alcohol
• HB 149: Remote Charter Academies (primary sponsors: Representatives Jeffrey Elmore, R-Wilkes; Jon Hardister, R-Guilford; Erin Pare, R-Wake)
  • Extends the pilot program for the State’s two virtual charter schools from 10 to 11 years, ending the pilot with the 2025-26 school year
    • Authorizes increased student enrollment in each remaining year of the pilot program
    • At the end of the pilot program, allows the two virtual charter schools to apply to the State Board of Education (SBE) for a charter renewal
    • Beginning with the 2023-24 school year, allows new remote charter academy applications and charter modifications to include a remote charter academy to be submitted to SBE for approval
    • The remote charter academy enrollment guidelines, approval process, operational and renewal requirements, and evaluation mirror requirements for LEA remote academies established in SL 2022-59
  • 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 children with disabilities who received services prior to enrolling in a LEA the opportunity to continue receiving those services from the same provider while at school, provided the LEA utilizes private providers for that service and if certain criteria are met
  • HB 162: Living Donor Protection Act (primary sponsors: Representatives Phil Shepard, R-Onslow; Marcia Morey, D-Durham; Ken Fontenot, R-Wilson; Diane Wheatley, R-Cumberland)
    • Provides paid leave for State employees, public school employees, and community college employees for organ donation
  • 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)
    • Identical to SB 139: American Indians Graduating with Honors Act (primary sponsors: Senators Danny Britt, R-Robeson; Tom McInnis, R-Moore; Jim Perry, R-Lenoir)
    • Allows American Indian students to wear cultural objects at public school graduation ceremonies
  • HB 172: Sam’s Law (primary sponsor: Representative Keith Kidwell, R-Beaufort)
    • Provides training to students and school personnel on recognizing and responding when a person is having a seizure
  • HB 185: Clarifying Sex Education Time Frame (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Jeff Zenger, R-Forsyth; Diane Wheatley, R-Cumberland)
    • Prohibits sex education before seventh grade
    • Requires LEAs to get parental consent before a student receives sex education
  • HB 188: Standards of Student Conduct (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; David Willis, R-Union; Diane Wheatley, R-Cumberland)
    • Requires LEAs to use best practices in developing discipline policies that do not discriminate against students on the basis of race, ethnicity, national origin, gender, or disability
    • Requires LEAs to include in their discipline policies measures that will be taken to support a student during suspension, including mitigating learning loss
  • HB 202: Workforce Development Act of 2023 (primary sponsor Representative Ben Moss R-Richmond)
    • Provides funding for DPI to establish the High School To Work pilot grant program, which creates opportunities for high school students to connect with local businesses to develop skills and contacts for future jobs
  • HB 206: Increase Dropout Age/Completion Indicator (primary sponsors: Representatives Jeffrey Elmore, R-Wilkes; Ashton Clemmons, D-Guilford; Donny Lambeth, R-Forsyth; Mitchell Setzer, R-Catawba)
    • Incrementally increases the dropout age from 16 to 18 years over a five-year period
    • Clarifies that parents and guardians must send children to school while school is in session, unless the child graduates high school first

Local Bills

• HB 174: Stagger Winston-Salem/Forsyth Board of Education Term (primary sponsor: Representative Donny Lambeth, R-Forsyth)
  • Staggers the terms of office for members elected to the Winston-Salem/Forsyth Board of Education
• HB 179: Pamlico Board of Education Partisan (primary sponsor: Representative Keith Kidwell, R-Beaufort)
• Changes the election of the Pamlico County Board of Education from nonpartisan to partisan
• SB 150: Make McDowell County Board of Education Election Partisan (primary sponsor: Senator Warren Daniel, R-Burke)
  • Changes the election of the McDowell County Board of Education from nonpartisan to partisan
• SB 155: Mitchell County Board of Education Election Partisan (primary sponsor: Senator Ralph Hise, R-Mitchell)
  • Changes the election of the Mitchell County Board of Education from nonpartisan to partisan

 

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

February 20, 2023, Weekly Report

Headlines for this edition include:

• NC DPI and School Districts Win Mental Health and Student Wellness Grants from the US Department of Education
  • Increases access to school-based mental health services and strengthens the pipeline of mental health professionals in high-needs districts
  • In addition to the $2.4 million DPI grant, the winning NC school districts include:
    • Iredell-Statesville Schools – $2 million
    • Guilford County Schools – $2.9 million
    • Surry County Schools – $892,109
  • Senate Democratic Policy Committee Outlines Impact of Proposed Budget Cuts

 

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

State News

• EdNC – School calendar flexibility gets a hearing in the House
• EdNC – Cooper’s DRIVE Task Force kicks of statewide tour
• WRAL – Cumberland County Bus Drivers Hold ‘Sick Out’ Over Pay
• North State Journal – Bill Would Increase Penalties for Sex Crimes Against Students

National News

• K-12 Dive – Educators say they lack resources to address worsening mental health crisis
• Education Week – Ending ‘Government-Run Monopoly’ on Schools is Top Priority for Rep. Virginia Foxx
• Education Week – What the Push for Parents’ Rights Means for Schools
• New York Times Opinion – America Should be in the Middle of a Schools Revolution

 

Tuesday, February 28

8:00 am – Joint meeting of the House and Senate education appropriations committees – Legislative Offices Building, rm 423 (livestream)

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

• HB 66: Catawba/Newton-Conover/Hickory Bd of Ed Elect.

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

• HB 136: Arts High School Diploma Endorsement.
• HB 149: Remote Charter Academies.
• HB 150: School Contracted Health Services.

Wednesday March 1 

8:00 am – Joint meeting of the House and Senate education appropriations committees – Legislative Offices Building, rm 423 (livestream)

 

 

 

If your school board is planning to have a function with your legislative delegation, we would be happy for a member of the NCSBA Governmental Relations team to attend. Just let us know! Also, if your school board adopts its own legislative agenda, please forward it to rhoward@ncsba.org.

 

 

 

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

Rebekah Howard
Advocacy Coordinator
NC School Boards Association
rhoward@ncsba.org

Madison Skeens
Assistant Director of Governmental Relations
N.C. School Boards Association
mskeens@ncsba.org

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

 

 

The legislature ramped up its efforts on public education issues this week as statewide education bills were approved by committees, local education bills passed the House, and more school calendar bills were filed. See more on these education bills below and see the “Bills Filed” section for a list of education bills filed this week. On Wednesday, the 2023 State Revenue Consensus Forecast was released and shows projections of a $3.25 billion (10.7%) budget surplus for the 2022-23 fiscal year. Read more about this under the “State Revenue Forecast” section. Additionally, the House adopted permanent rules, which you can read more about here.

Bill to Elect SBE Members and Make State Superintendent SBE Chair

On Tuesday, the House Judiciary 3 Committee approved HB 17: Elect the SBE/SPI as SBE Chair (primary sponsors: Representatives Hugh Blackwell, R-Burke; John Torbett, R-Gaston; Jon Hardister, R-Guilford; David Willis, R-Union) and referred the bill to the House Rules Committee, which is its last stop before heading to a vote on the House floor. HB 17 is a constitutional amendment that requires 14 State Board of Education (SBE) members to be elected to four-year terms from districts established by the General Assembly. The bill also makes the State Superintendent 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.

A 3/5 vote in each chamber is required for this constitutional amendment to be put on the ballot for consideration by North Carolina’s voters.

Click here for an official bill summary.

House Education K-12 Committee Meeting

The Committee met on Tuesday and approved HB 8: Computer Sci. Grad. Requirement. and HB 11: Schools for the Deaf and Blind.

HB 8: Computer Sci. Grad. Requirement. (primary sponsors: Representatives Erin Pare, R-Wake; John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Jon Hardister, R-Guilford) requires the following:

• The State Board of Education (SBE) to establish a computer science graduation requirement
  • Computer science would be a standalone graduation requirement
    • There are exceptions for students with specific individualized education programs and students enrolling in a public high school after completing 11^th grade
  • Required science credits would decrease from three to two
• Public school units (PSUs) to offer computer science instruction to students in middle and high school

Click here for an official bill summary of HB 8.

HB 11: Schools for the Deaf and Blind. (primary sponsors: Representatives Hugh Blackwell, R-Burke; Ken Fontenot, R-Wilson; Erin Pare, R-Wake; Dianne Wheatley, R-Cumberland) does the following:

• Upon request, for a student who has applied to a school for the deaf or blind, requires the local superintendent to share current evaluation data and the current or proposed individualized education plan for any child enrolled in that superintendent’s PSU
• Establishes Boards of Trustees to govern the State’s schools for the deaf or blind, taking away the SBE’s authority as the sole governing agency and DPI’s administrative responsibilities and oversight of these schools

Click here for an official bill summary of HB 11. Both bills have been referred to the House State Government Committee.

Bill to Limit Teacher and Employee Retirement Income

HB 120: Government Retirement/No Vacation Leave Spiking (primary sponsor: Representative Harry Warren, R-Rowan) was filed on Tuesday. The bill limits the amount of accrued vacation leave that is counted toward the average final compensation for members of the Teachers’ and State Employees’ Retirement System (TSERS), as well as members of the Local Governmental Employees’ Retirement System. It impacts employees and teachers who start earning contributory retirement service on or after January 1, 2024. HB 120 will not help efforts to retain top teachers.

Local Education Bills Approved by the House

On Wednesday, the following local education bills passed the House on voice votes and have been sent to the Senate:

• HB 27: Elect Thomasville City Bd. of Ed. (primary sponsor: Representative Sam Watford, R-Davidson)
  • Changes the Thomasville City Board of Education from appointed members to elected members
• HB 30: Reduce Length of Granville Bd. of Ed. Terms. (primary sponsors: Representatives Matthew Winslow, R-Franklin; Frank Sossamon, R-Granville)
  • Reduces the term length on the Granville County Board of Education from six years to four years
• HB 31: Rowan-Salisbury Board of Educ. Filing Period. (primary sponsor: Representative Harry Warren, R-Rowan)
  • Changes the filing period for candidates running for the Rowan-Salisbury Board of Education to between the first and third Friday in July before the general election
• HB 88: Guilford Board of Education Vacancies(primary sponsors: Representatives Jon Hardister, R-Guilford; John Faircloth, R-Guilford)
  • Clarifies the filling of vacancies on the Guilford County Board of Education

School Calendar Bills

So far during this legislative session, two statewide and ten local school calendar bills have been filed. These bills give more control to the local boards of education to create a school calendar that better fits the needs of their students and community. The local school calendar bills would affect 18 school districts. Below are summaries of each local school calendar bill filed this week. Click here for a list of all school calendar bills filed so far this session.

• HB 106: School Calendar Flexibility/Forsyth,WS,Stokes (primary sponsors: Representatives Donny Lambeth, R-Forsyth; Kyle Hall, R-Stokes; Jeff Zenger, R-Forsyth)
  • Allows the Winston-Salem/Forsyth County and Stokes County boards of education to open schools no earlier than August 11 and, if the first semester ends prior to December 31, allows the boards to administer assessments prior to the end of that semester
• HB 111: School Calendar Flexbility/Durham and Person (primary sponsor: Representative Ray Jeffers, D-Person)
  • Allows Person County and Durham County boards of education to open schools no earlier than August 10 and, if the first semester ends prior to December 31, allows the boards to administer assessments prior to the end of that semester
• HB 115: School Calendar Flexibility/Catawba & Cities (primary sponsor: Representative Mitchell Setzer, R-Catawba)
  • Allows local control over the school calendar for Catawba County, Newton-Conover City, and Hickory City boards of education
• HB 129: School Calendar Flexibility/Pitt County (primary sponsors: Representatives Timothy Reeder, R-Pitt; Gloristine Brown, D-Pitt)
  • Allows the Pitt County Board of Education to open schools no earlier than August 15, unless August 15 falls on a weekend, then the opening date will be either the Friday immediately preceding or the Monday immediately following August 15
• SB 96: School Calendar Flexibility/Pitt Co. (primary sponsor: Senator Kandie Smith, D-Pitt)
  • Allows the Pitt County Board of Education to determine the opening and closing dates for three school years
  • Requires public hearings to be held as part of the process of determining the opening and closing dates and requires a report on implementation of the school calendar
• SB 118: School Calendar Flexibility/Moore County (primary sponsor: Senator Tom McInnis, R-Moore)
  • Allows the Moore County Board of Education to align the school opening and closing dates with the calendar of the local community college
• SB 119: School Calendar Flexibility/Cumberland County (primary sponsor: Senator Tom McInnis, R-Moore)
  • Allows the Cumberland County Board of Education to align the school opening and closing dates with the calendar of the local community college

House and Senate Joint Education Appropriations Committee Meeting

The House and Senate Education Appropriations Committees held joint meetings on Tuesday, Wednesday, and Thursday mornings. The two appropriations committees are charged with developing the budget for public schools, community colleges, and the UNC System. During the Tuesday meeting, the Fiscal Research Division (FRD) presented part two of the public school funding presentation that includes information about the funding structure, as well as how the funding is generated, distributed, and utilized.

When explaining allotments that address student characteristics, it was noted that many school districts exceed specific funding formula caps, including funding for Academically or Intellectually Gifted students and Limited English Proficiency students. Click here for the presentation and click here for a handout that includes FY 2021-22 per student expenditures for each LEA. On Wednesday and Thursday, the committees were presented with the UNC system budget overview and the NC community college system budget overview, respectively.

 

The 2023 State Revenue Consensus Forecast was released on Wednesday and shows projections of a $3.25 billion (10.7%) budget surplus for the 2022-23 fiscal year, putting total state General Fund revenue collections at $33.76 billion. (According to the 2022 State Revenue Consensus Forecast, 2021-22 collections totaled $32.65 billion.) The primary drivers of anticipated overcollections for 2022-23 are:

• A smaller-than-expected decline in individual income tax collections, especially due to larger-than-expected tax payments from pass-through businesses electing to be taxed at the entity level
• Persistently high corporate profits, particularly among large multi-national corporations
• Resilient consumer spending despite longer-lasting inflation in goods and services subject to sales tax
• Higher-than-expected investment returns on the General Fund balance

Looking ahead to the 2023-25 biennium, the consensus forecast anticipates slight year-over-year declines of 0.2% in General Fund revenues each year, resulting in net collections of $33.71 billion in the 2023-24 fiscal year and $33.65 billion in the 2024-25 fiscal year.

In response to the revenue forecast, Governor Roy Cooper stated, “These increased funds are needed desperately to pay our teachers more, fund our schools…I hope we can negotiate a bipartisan budget that makes these investments without more tax breaks for the wealthiest among us.” Additionally, House Speaker Tim Moore and Senate Leader Phil Berger weighed in. Moore said, “I am confident that as we continue to address some of the state’s most pressing needs, we will continue doing so in a fiscally responsible way that leads to even more growth for North Carolina,” Berger stated, “Today’s consensus revenue forecast confirms that North Carolina’s tax policies are fueling economic growth…We must continue to prioritize responsible spending, addressing our state’s workforce needs, and providing additional tax relief to our citizens.”

 

DPI’s Professional Educator Preparation and Standards Commission (PEPSC) met on Thursday and approved recommendations from the Commission’s working groups to be sent to the State Board of Education (SBE). These working groups were created as a result of a motion approved by the SBE in December 2022 directing PEPSC to make recommendations on how to implement pilots of the new teacher licensure/salary model. This new model would pay teachers based on performance, effectiveness, and years of experience, rather than exclusively on years of experience. The following are links to each working group’s recommendations:

• New pathway entry points
• New professional learning tools and structures
• Measures of teaching effectiveness (previously student impact measures)
• Advanced teaching and leader roles

PEPSC approved a motion to do the following:

1. Forward these recommendations to the SBE
2. Recommend that the SBE use these recommendations to initiate a pilot program to study this new model to replace the current teacher licensure/salary system
3. Communicate to the SBE PEPSC’s commitment to continue to work with the SBE to further develop recommendations and operationalization of the pilots

Click here for the meeting agenda and materials. PEPSC will present these recommendations at the SBE meeting on March 1 and 2. Any recommendations adopted by the SBE will require legislative approval. Click here for an article on the meeting.

 

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

Statewide Bills

• HB 98: Medical Freedom Act (primary sponsors: Representatives Brian Biggs, R-Randolph; Jon Hardister, R-Guilford; Neal Jackson, R-Moore; Donny Lambeth, R-Forsyth)
  • Identical to SB 121: Medical Freedom Act (primary sponsors: Senators Timothy Moffitt, R-Henderson; Michael Lazzara, R-Onslow; Bobby Hanig, R-Currituck)
  • Prohibits public school units (PSUs) from (i) adopting policies regarding the use of face coverings and (ii) quarantining healthy students
    • States that if a PSU violates this section, the student who is subject to the violation or the student’s parent may bring a civil action against the governing body of the PSU
  • Prohibits PSUs from requiring a student to provide proof of COVID-19 vaccination
  • Prohibits State agencies, local governments, and political subdivisions of the State from discriminating against persons based on their refusal to provide proof of a COVID-19 vaccination
• HB 101: The Firearms Liberty Act (primary sponsors: Representatives Jay Adams, R-Catawba; Kelly Hastings, R-Gaston; Keith Kidwell, R-Beaufort; Carson Smith, R-Pender)
  • Allows guns on property that is both a school and place of religious worship during certain hours
    • This does not include property owned by a local board of education or county commission
  • Similar language is included in HB 49 and SB 41
• HB 122: Reimburse Late Audit Costs with Sales Tax Revenue (primary sponsor: Representative Harry Warren, R-Rowan)
  • Increases compliance by units of local governments that fail to timely submit an annual audit
• HB 136: Arts High School Diploma Endorsement (primary sponsors: Representatives Jeffrey Elmore, R-Wilkes; Kyle Hall, R-Stokes; Becky Carney, D-Mecklenburg)
  • Requires the State Board of Education (SBE) to create an arts proficiency high school diploma endorsement
• HB 141: Paid Parental Leave for State Employees (primary sponsors: Representatives Carolyn Logan, D-Mecklenburg; Amber Baker, D-Forsyth; Sarah Crawford, D-Wake; Shelly Willingham, D-Edgecombe)
  • Provides paid parental leave to State employees, public school employees, and community college employees
• HB 142: Protect Our Students Acts.-AB (primary sponsors: Representatives John Torbett, R-Gaston; Kristin Baker, R-Cabarrus; Jake Johnson, R-Polk; Keith Kidwell, R-Beaufort)
  • Modifies penalties and definitions for certain sex offenses against students
  • Increases penalties for failure of school administrators to report certain misconduct to the SBE
  • Requires PSUs to show 6^th – 12^th grade students a video produced by DPI’s Center for Safer Schools containing age-appropriate information about sexual abuse, as recommended by DPI
• SB 99: Bond Referendum Transparency (primary sponsors: Senators Todd Johnson, R-Union; Carl Ford, R-Rowan; Eddie Settle, R-Wilkes)
  • Increases transparency on bond referendums by requiring additional disclosures on bond applications, the order approving the bond application, and the ballot
• SB 107: Fines and Forfeitures/Payment to Schools (primary sponsor: Senator Lisa Grafstein, D-Wake)
  • Directs excess receipts in the Civil Penalty and Forfeiture Fund to be transferred to the School Technology Fund in the same fiscal year and any capital funds for school technology to be used toward payment of the 2019 court judgement on civil penalties, fines, and forfeitures
  • Directs the Legislative Research Commission to study ways to satisfy the remainder of the court judgement
  • This is a priority on NCSBA’s Legislative Agenda
    • Click here for NCSBA’s issue brief on school technology
  • SB 116: 2023 Youth END Act (primary sponsors: Senators Kevin Corbin, R-Macon; Gale Adcock, D-Wake; Jim Burgin, R-Harnett)
    • Funds local health departments to provide community-based education and training of schools, local agencies, and youth centers regarding evidence-based tobacco use prevention and interventions                                                    

Local Bill

• SB 103: Partisan Elections Henderson County Board of Education (primary sponsor: Senator Tim Moffitt, R-Henderson)
  • Makes the Henderson County Board of Education elections partisan

 

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

February 13, 2023, Weekly Report

Headlines for this edition include:

• Teacher Pay Bill Introduced In Congress
  • Representatives Frederica Wilson (D-FL) and Jamaal Bowman (D-NY) introduced the American Teacher Act
  • The legislation provides grants to states in order to raise teacher salaries to at least $60,000 per year
• US Department of Agriculture Announces School Nutrition Initiative
  • Agriculture Secretary Tom Vilsack announced a major initiative meant to support the health of children through nutritious school meals
  • Components of the initiative include:
• Proposing gradual updates to science-based nutrition standards in school meals
• Recognizing school districts that have gone above and beyond in nutritional quality
• Assisting small and rural school districts in improving the nutritional quality of school meals

 

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

State News

• NC Governor Proclamation – School Bus Driver Appreciation Week
• North State Journal – Another Parents’ Bill of Rights may be filed in the House
• WRAL – NC Lawmakers, controller want Leandro back in front of the state Supreme Court
• EdNC – What you need to know to be an effective advocate for education in 2023-24
• DPI – Wells Fargo North Carolina Regional Principals of the Year Named
• Winston-Salem Journal – Triad legislators file bill focused on prohibiting certain COVID-19 vaccination requirements
• EdNC – How NC’s dual enrollment program elevates students, families, and the state
• wfdd – Task force looking to diversity NC educator workforce kicks off statewide tour
• EdNC – LatinxEd releases report identifying challenges Latinx students face in North Carolina

National News

• New York Times – How Educators Secretly Remove Students with Disabilities from Schools
• K-12 Dive – HHS creates research, technical assistance center for early ed workforce
• Education Week – The Push for a $60k Base Teacher Salary Gains Steam as Bernie Sanders Signs On
• NPR – A new study offers hints that healthier school lunches may help reduce obesity

 

This week, Governor Roy Cooper announced a series of Public Forums hosted by the Governor’s Commission on the Governance of Public Universities in North Carolina at which members of the commission will seek ideas and suggestions on how to enhance and refresh the governance structure of our public universities. Detailed information for each forum date and location, as well as a virtual option, will be made available on the Commission website prior to the day of the forum. Individuals interested in attending one of the forums and speaking should contact Minda Watkins at minda.watkins@nc.gov at least two days prior to the forum.

 

Tuesday, February 21

9:00 am – Joint Meeting of House and Senate Appropriations Committees – Legislative Offices Building, rm 643 (livestream)

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

• HB 66: Catawba/Newton-Conover/Hickory Bd of Ed Elect.
• HB 81: Increase Halifax Co. Bd. of Ed. Compensation.

12:00 pm – Senate State and Local Government Committee – Legislative Offices Building, rm 423 (livestream)

• SB 83: No TikTok on Government Devices.

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

• HB 45: Address Pandemic Learning Loss/Alamance Co.
• HB 51: School Calendar Flex/Multiple Counties.
• HB 70: School Calendar Flexibility/Halifax.
• HB 106: School Calendar Flexibility/Forsyth,WS,Stokes.
• HB 111: School Calendar Flexibility/Durham and Person.
• HB 115: School Calendar Flexibility/Catawba & Cities.
• HB 129: School Calendar Flexibility/Pitt County.

Wednesday, February 22

8:30 am – Joint Meeting of House and Senate Education Appropriations Committees – Legislative Offices Building, rm 423 (livestream)

Thursday, February 23

8:30 am – Joint Meeting of House and Senate Education Appropriations Committees – Legislative Offices Building, rm 423 (livestream)

 

 

 

If your school board is planning to have a function with your legislative delegation, we would be happy for a member of the NCSBA Governmental Relations team to attend. Just let us know! Also, if your school board adopts its own legislative agenda, please forward it to rhoward@ncsba.org.

 

 

 

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

Rebekah Howard
Advocacy Coordinator
NC School Boards Association
rhoward@ncsba.org

Madison Skeens
Assistant Director of Governmental Relations
N.C. School Boards Association
mskeens@ncsba.org

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

 

 

This week, both the House and Senate took floor votes for the first time this session. The Senate passed SB 49: Parents’ Bill of Rights and the House passed HB 26: Education Omnibus. See more on those two bills below. According to a news source, House Speaker Tim Moore, R-Cleveland, explained that the House and Senate will most likely continue addressing their own bills before dealing with bills from the other chamber.

Parents’ Bill of Rights

On Tuesday, SB 49: Parents’ Bill of Rights (primary sponsors: Senators Amy Galey, R-Alamance; Michael Lee, R-New Hanover; Lisa Barnes, R-Nash) passed the Senate on a 29-18 party-line vote. SB 49 was received by the House and has been referred to the House Rules Committee.

Democrats in each chamber filed a bill titled “Parents’ and Students’ Bill of Rights”. HB 58 (primary sponsors: Representatives Vernetta Alston, D-Durham; Allison Dahle, D-Wake; Rosa Gill, D-Wake; Terence Everitt, D-Wake) and SB 74 (primary sponsors: Senators Sydney Batch, D-Wake; Michael Garret, D-Guilford; Rachel Hunt, D-Mecklenburg) include rights regarding students’ safety, comfort, and health. NCSBA does not anticipate that either of these bills will have a committee hearing.

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

A few of the school requirements in SB 49 lack clarity and will create ambiguity and challenges with implementation. Also, there is no additional funding associated with the requirements of the bill. While bill sponsors say that SB 49 prioritizes parental involvement and increases transparency, critics claim the bill will cause harm to some students. Click here for an official bill summary. Click here for an article on SB 49’s passage in the Senate.

Bill to Elect SBE Members and Make State Superintendent SBE Chair

On Tuesday, the House Education K-12 Committee approved HB 17: Elect the SBE/SPI as SBE Chair (primary sponsors: Representatives Hugh Blackwell, R-Burke; John Torbett, R-Gaston; Jon Hardister, R-Guilford; David Willis, R-Union) on a 16-9 vote. HB 17 is a constitutional amendment that requires 14 State Board of Education (SBE) members to be elected to four-year terms from districts established by the General Assembly. The bill also makes the State Superintendent 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.

A 3/5 vote in each chamber is required for this constitutional amendment to be put on the ballot for consideration by North Carolina’s voters.

HB 17 is scheduled to be heard in the House Judiciary 3 Committee meeting on Tuesday, February 14, at 3:00 pm (click here for the livestream). Click here for an official bill summary. Click here for an article on HB 17’s approval by the House Education K-12 Committee.

Bill to Potentially Reform School Accountability Model

On Wednesday, the House approved HB 26: Education Omnibus (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Mike Clampitt, R-Swain) on a 75-42 vote. This bill requires the State Superintendent to study and evaluate school achievement scores and metrics and report back to the General Assembly by April 15, 2023. It also requires DPI to submit a report to the General Assembly by February 15, 2024, on suggested changes to the school accountability model. In addition to this section, HB 26 includes the following sections:

• Revises the governance structure and admissions standards for the North Carolina Center for Advancement of Teaching (NCCAT)
  • Puts the State Superintendent in charge of the powers and duties of NCCAT
• Requires DPI to enter into a contract with Gooru, Inc., for up to three years to evaluate and improve student learning and performance, in response to the COVID-19 pandemic
• Clarifies language related to the purchase of data from the National Student Clearinghouse

HB 26 was received by the Senate and referred to the Senate Rules Committee. Click here for an official bill summary.

School Calendar Bills

So far during this legislative session, two statewide and three local school calendar bills (one of which was filed last week) have been filed. These bills give more control to the local boards of education to create a school calendar that better fits the needs of their students and community. These local school calendar bills would affect nine school districts. Below are summaries of each school calendar bill that was filed this week.

Statewide Bills

• HB 62: An Act to do School Calendars Better (primary sponsor: Representative Terence Everitt, D-Wake)
  • Gives local school boards authority to determine school year start and end dates
• HB 86: School Calendar Flex/Statewide (primary sponsors: Neal Jackson, R-Moore: Brian Biggs, R-Randolph; Sarah Stevens, R-Surry; Donnie Loftis, R-Gaston)
  • Allows LEAs to open as early as the Monday closest to August 10 and close no later than the Friday closest to June 11
  • Allows LEAs that implement a school calendar that ends the fall semester prior to December 31 to administer assessments prior to the conclusion of that semester

Local Bills

• HB 51: School Calendar Flex/Multiple Counties (primary sponsors: Representatives Neal Jackson, R-Moore; Brian Biggs, R-Randolph; Sarah Stevens, R-Surry; Donnie Loftis, R-Gaston)
  • Provides local control over the school calendar for Moore County, Randolph County, Asheboro City, Gaston County, Surry County, Mount Airy City, and Elkin City schools
• HB 70: School Calendar Flexibility/Halifax (primary sponsor: Representative Michael Wray, D-Northampton)
  • Allows Halifax County Schools to open as early as the Monday closest to August 10 and close no later than the Friday closest to June 11

House and Senate Joint Education Appropriations Committee Meeting

The House and Senate Education Appropriations Committees held a joint meeting on Thursday morning for the first time during the 2023 legislative session. The two appropriations committees are charged with developing the budget for public schools, community colleges, and the UNC System. During the meeting, the Fiscal Research Division (FRD) provided an overview of budgeting practices, process, and policies, followed by a presentation on public school funding. The public school funding presentation includes information about the following:

• The funding structure
• How the funding is generated, distributed, and utilized
• Recent developments to help contextualize hot topics

The Committee is scheduled to reconvene next Tuesday, February 14, at 8:30 am (click here for the livestream) where FRD will discuss part two of the public schools funding presentation.

House Education K-12 Committee Meeting

In addition to approving HB 17: Elect the SBE/SPI as SBE Chair (see above), the Committee heard a presentation from State Superintendent Catherine Truitt about her Operation Polaris 2.0. The mission of Operation Polaris has remained the same – every student deserves a highly qualified, excellent teacher in every classroom – but the framework for reaching that goal has been updated. Superintendent Truitt provided an update on each of Operation Polaris’ priorities (see slides 2-11):

1. Human capital
2. Accountability and testing
3. Literacy
4. Competency-based education
5. District and regional support
6. Student support services
7. Office of Learning Recovery and Acceleration

Superintendent Truitt also presented a different approach to how DPI supports low-performing schools (see slides 12-21), which she presented to the State Board of Education last week. The Superintendent’s plan includes reorganizing the current structure of district and regional support to provide more coordinated support from the federal, state, and regional levels.

Finally, Superintendent Truitt listed legislative and budget priorities of Operation Polaris 2.0 (see slides 22-23), which include:

• Career development plans
• School performance grade redesign
• New teacher licensure/salary model
• Elimination of the child nutrition co-pay
• School safety/Center for Safer Schools grants

 

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

Statewide Bills

• HB 60: SUDEP Awareness Week (primary sponsors: Representatives Dennis Riddell, R-Alamance; Keith Kidwell, R-Beaufort; Ken Fontenot, R-Wilson; Ben Moss, R-Richmond)
  • Encourages local school boards to develop and provide seizure awareness training for all teachers and school personnel who may be responsible for students with epilepsy or students that are predisposed to seizures
• HB 67: Encourage Healthy NC Food in Schools (primary sponsors: Representatives Julia Howard, R-Davie; Mitchell Setzer, R-Catawba; Jimmy Dixon, R-Duplin)
  • Requires 100% muscadine grape juice to be available to K-12 students in public school units as a part of a school’s nutrition program or through the operation of the school’s vending facilities
• SB 83: No TikTok on Government Devices (primary sponsors: Senators Timothy Moffit, R-Henderson; Jim Perry, R-Lenoir; Bobby Hanig, R-Currituck)
  • Prohibits the use of TikTok and WeChat on government-issued devices and during participation in any program or activity funded in whole or in part by State, federal, or local funds
    • Applies to any “employee of the State or of a local political subdivision of the State, or any person contracting with the State or with a local political subdivision of the State”
  • SB 87: State Emps./No Payroll Dues Deduction (primary sponsors: Senators Ralph Hise, R-Mitchell; Joyce Krawiec, R-Forsyth; Todd Johnson, R-Union)
    • Repeals statutory language that
  • SB 90: Searches of Student’s Person (primary sponsors: Senators Michael Lazzara, R-Onslow; Amy Galey, R-Alamance; Vicki Sawyer, R-Iredell)
    • Standardizes the procedures for searching students in public school units                                                         

Local Bills

• HB 66: Catawba/Newton-Conover/Hickory Bd of Ed Elect (primary sponsors: Representatives Jay Adams, R-Catawba; Mitchell Setzer, R-Catawba)
  • Identical to SB 72
  • Changes the method of election for the Catawba County, Hickory City, and Newton-Conover City boards of education from nonpartisan to partisan
• HB 81: Increase Halifax Co. Bd. of Ed. Compensation (primary sponsor: Representative Michael Wray, D-Northampton)
  • Increases the compensation of the chair and members of the Halifax County Board of Education
• HB 88: Guilford Board of Education Vacancies (primary sponsors: Representatives Jon Hardister, R-Guilford; John Faircloth, R-Guilford)
  • Clarifies the filling of vacancies on the Guilford County Board of Education
• SB 72: Catawba/Newton-Conover/Hickory Bd of Ed Elect. (primary sponsor: Senator Dean Proctor, R-Catawba)
  • Identical to HB 66
  • Changes the method of election for the Catawba County, Hickory City, and Newton-Conover City boards of education from nonpartisan to partisan

 

As DPI continues its work on the State Portrait of a Graduate, K-12 educators are needed to help create a rubric for implementation. The Portrait identifies seven competencies that students need for success after high school (click here for the list). State Superintendent Catherine Truitt has said the Portrait is needed because employers are seeking durable skills (personal qualities and traits) almost four times more than the top five technical/hard skills.

One of the next steps of statewide implementation of the Portrait is creating a rubric that will measure how the seven competencies are guiding the work of schools. The deadline to apply for the rubric writing team is February 15. Click here to apply. Applicants will be notified of their selection on February 24, and the first meeting will be on March 7. Additionally, click here for the Portrait Playbook, which is meant to familiarize school districts with the seven competencies and allow educators to provide feedback.

 

In November 2022, the NCSBA Delegate Assembly approved NCSBA’s 2023-2024 Legislative Agenda, which is used to guide the Association’s advocacy efforts. To provide additional background information on each item in the Legislative Agenda, including NCSBA’s position, the Governmental Relations team published issue briefs, which are linked below. You can also access the issue briefs on NCSBA’s website.

• Retaining Top Talent & Improving Working Conditions Issue Brief
• School Safety Issue Brief
• Accountability Issue Brief
• Student-Centered Calendar Issue Brief
• Administrator Ethics Training Issue Brief
• School Finance Officers Issue Brief
• School Technology Issue Brief
• Local School Funding Structure Issue Brief
• Opportunity Scholarship Program Issue Brief
• Leandro Issue Brief
• High School Athletics Issue Brief

 

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

February 6, 2023, Report

Headlines for this edition include:

• US Department of Education Briefs LEAs on Maximizing Education Technology Investment
  • The Office of Educational Technology at the US Department of Education has issued a “Dear Colleague” letter for states, school districts, and other grantees on ways to maximize their investment in technology-based learning strategies. The letter provides an overview of the federal funds available to support digital learning.

 

On Monday, myFutureNC held a forum on “The State of Educational Attainment in North Carolina”. Speakers included Governor Roy Cooper, Senate leader Phil Berger, and House Speaker Tim Moore. The goal of myFutureNC is to ensure that by 2030, 2 million North Carolinians have a high-quality credential or a postsecondary degree to meet the need of a majority of new jobs in the State. As of 2022, 1.55 million North Carolinians have acquired a high-quality credential or postsecondary degree. Monday’s forum highlighted success stories and focused on what needs to be done to achieve this 2030 goal. Click here to watch the forum recording.

 

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

State News

• NC Health News – Providers say legislature’s proposed ‘transgender’ bills hurt LGBTQ youth, disrupt care
• EdNC – Schools provide a safe haven for many students. Would the Parents’ Bill of Rights change that?
• Carolina Journal – Parents Bill of Rights passes NC Senate; all Democrats vote ‘no’
• WRAL – More school safety funding to come, NC lawmakers say
• Carolina Journal – New Leandro judge to hold first hearing on March 10
• EdNC – Superintendent Truitt unveils new plan for schools designated low performing
• WRAL – NC school leaders search for new way to measure school performance without socioeconomic bias
• DPI – North Carolina Teachers Continue to Lead the Nation in National Board Certification
• EdNC – Cooper proclaims School Counseling Week

National News

• EdNC – USDA announces new measures to improve nutrition of school meals
• K-12 Dive – Teacher shortage shows signs of worsening in several states
• Education Week – Boosting ‘Pathetically Low’ Teacher Pay Is Top of Mind For Senate Education Chair Bernie Sanders
• The New York Times – At This School, Computer Science Class Now Includes Critiquing Chatbots
• Pew Research Center – Economy Remains the Public’s Top Policy Priority; COVID-19 Concerns Decline Again

 

Tuesday, February 14

8:30 am – Joint Meeting of House and Senate Education Appropriations Committees – Legislative Offices Building, rm 423 (livestream)

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

• HB 27: Elect Thomasville City Bd. of Ed.
• HB 30: Reduce Length of Granville Bd. of Ed. Terms.
• HB 31: Rowan-Salisbury Board of Educ. Filing Period.

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

• HB 8: Computer Sci. Grad. Requirement.
• HB 11: Schools for the Deaf and Blind.
• HB 47: School Protection Act.

3:00 pm – House Judiciary 3 Committee – Legislative Offices Building, rm 421 (livestream)

• HB 17: Elect the SBE/SPI as SBE Chair.
• HB 49: Protect Religious Meeting Places.

 

 

If your school board is planning to have a function with your legislative delegation, we would be happy for a member of the NCSBA Governmental Relations team to attend. Just let us know! Also, if your school board adopts its own legislative agenda, please forward it to rhoward@ncsba.org.

 

 

 

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

Rebekah Howard
Advocacy Coordinator
NC School Boards Association
rhoward@ncsba.org

Madison Skeens
Assistant Director of Governmental Relations
N.C. School Boards Association
mskeens@ncsba.org

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

 

 

Legislators have wasted no time getting to work since returning to Raleigh on January 25. More than 100 bills have already been filed in the first eight working days of this “long” legislative session. Many of those bills directly or indirectly impact K-12 education. Most notably, Chairs of the Senate Education/Higher Education Committee filed Senate Bill 49, also known as the “Parents’ Bill of Rights.”

Parents’ Bill of Rights

SB 49: Parents’ Bill of Rights (primary sponsors: Senators Amy Galey, R-Alamance; Michael Lee, R-New Hanover; Lisa Barnes, R-Nash) was filed late in the afternoon on Tuesday and, less than 20 hours later on Wednesday morning, it was introduced in a press conference and presented in the Senate Education/Higher Education Committee meeting. The bill creates additional rights for parents regarding their child’s education and lists numerous existing rights.

SB 49 was approved by the Education Committee and, on Thursday, was approved by the Senate Health Care Committee. SB 49 was fast tracked to the Senate Rules Committee, which will meet at 5:30 pm on Monday, February 6. Following approval by the Senate Rules Committee, SB 49 will be sent to the Senate floor for a vote. 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

SB 49 includes “rights” and school requirements that lack clarity, which will undoubtedly cause subjective interpretation and challenges with implementation. There is also no additional funding associated with the requirements of the bill. While bill sponsors say that SB 49 prioritizes parental involvement and increases transparency, critics claim the bill will cause harm to some students. Click here for an article on the press conference and the Senate Education/Higher Education Committee meeting, which includes quotes from bill sponsors and critics. Click here for an official bill summary.

According to news outlets, a similar or identical “Parents’ Bill of Rights” is expected to be filed in the House in the coming weeks. SB 49 is similar to a bill introduced during the 2022 session that was approved by the Senate on a party-line vote but was never heard in the House.

House Education K-12 Committee Meeting

The Committee met on Tuesday and approved HB 26: Education Omnibus (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Mike Clampitt, R-Swain), which includes the following provisions:

• Requires the State Superintendent to study and evaluate school achievement scores and metrics and report back to the General Assembly by April 15, 2023
  • Requires DPI to submit a report to the General Assembly by February 15, 2024, on suggested changes to the school accountability model
  • (See more about the work being done to redesign the school accountability model under the State Board of Education Meeting section)
• Revises the governance structure and admissions standards for the North Carolina Center for Advancement of Teaching (NCCAT)
  • Puts the State Superintendent in charge of the powers and duties of NCCAT
• Requires DPI to enter into a contract with Gooru, Inc., for up to three years to evaluate and improve student learning and performance, in response to the COVID-19 pandemic
• Clarifies language related to the purchase of data from the National Student Clearinghouse

HB 26 has been referred to the House Rules Committee, but a committee hearing has not been scheduled. Click here for an official bill summary.

Additionally, during the meeting, Jamey Falkenbury, Director of Government Affairs for the Office of the State Superintendent, presented a computer science legislative brief, which included the following recommendations:

• Require computer science to count as a “science credit”
  • HB 8 includes this requirement, as well as a provision that requires students to complete a computer science course to graduate
• Require middle schools to offer exploratory computer science courses
• Continue to fund stipends and professional development for computer science

Click here for an article on the Committee meeting.

Bill to Require Acceptance of Cash for Admission to High School Athletic Events

HB 38: Entry Fees for High School Interscholastic Events (primary sponsors: Representatives Reece Pyrtle, R-Rockingham; Jason Saine, R-Lincoln; Ben Moss, R-Richmond; Charles Miller, R-Brunswick) was filed on Tuesday and requires cash to be an accepted form of payment when there is a fee to attend a high school interscholastic athletic event. The bill also requires the acceptance of a senior citizen’s “Tar Heel Card”, which is issued by the Department of Health and Human Services, for free admission to high school interscholastic athletic events.

If this cash admission requirement would cause a potential burden on your school district, please email Rebekah Howard at rhoward@ncsba.org with more information.

 

The State Board of Education (SBE) met this week on February 1 and 2 for its monthly meeting. Board members were presented with the following:

• 2021-22 State of the Teaching Profession report
• 2021-22 Educator Preparation Program performance report
• School performance grade redesign update
• State Superintendent’s district and regional support plan

2021-22 State of the Teaching Profession report: Board members were presented with teacher attrition data, which showed a slight decrease in teachers who left the profession from 8.2% in 2020-21 to 7.8% in 2021-22. Attrition remains high for teachers with 0-2 years of experience at 13.1%, which is almost double the 6.9% attrition rate for teachers with 3+ years of experience. Dr. Tom Tomberlin, DPI’s Senior Director of Educator Preparation, Licensure, and Performance, noted this beginning teacher attrition rate is problematic for the future of the teacher pipeline. State Superintendent Catherine Truitt stated that the beginning teacher attrition rate has been in double digits for many years, and the new teacher licensure/salary model aims to provide the necessary support for beginning teachers.

Teacher vacancy rates were also presented, which show a drastic increase in teacher vacancies from the 2020-21 school year to the 2021-22 school year. Dr. Tomberlin explained that this increase could be attributed to the methodology prescribed in law, which does not count retired teachers, long-term substitutes, interim teachers, and teachers with a permit to teach or provisional license as a permanent placement. Dr. Tomberlin stated, “I think it’s very unfortunate that this may be construed as there’s this massive increase in the number of vacancies across the state. What has changed is we’ve enforced the methodology that’s prescribed in law.”

• Click here for the presentation
• Click here for the draft report
• Click here for DPI’s press release on the report
• Click here and here for articles on the presentation

2021-22 Educator Preparation Program (EPP) performance report: Following the presentation on the state of the teaching profession, Board members were presented with EPP performance data that showed a 42% drop in new enrollments between 2021 and 2022, falling back to 2017 levels. This decrease in new enrollment was common among all license groups, including elementary, secondary, Exceptional Children, and Career and Technical Education. Dr. Andrew Sioberg, DPI’s Director of Educator Preparation, said this decline in enrollment will have a moderate impact on employment in the 2023-24 school year, with higher enrollment rates during COVID years mitigating some of that impact. Greater impact will occur in the 2024-25 and 2025-26 school years. Board members expressed concern about this huge drop in enrollment and highlighted the need to improve the teaching profession to recruit and retain high-quality educators. Click here and here for articles on the presentation.

School performance grade redesign update: Board members were provided with an update on the work of DPI’s Testing and Accountability Working Group to redesign the State’s school accountability model. An initially long list of potential indicators to measure school performance have been reduced to four academic indicators and four school quality indicators.

Work will continue to be done to ensure indicators have “valid and reliable measurements.” The Working Group is also considering how to weigh proficiency versus growth, which is currently 80% student achievement and 20% school growth. Click here for an article on the Working Group’s January 31 meeting, which includes a definition of each indicator.

State Superintendent’s district and regional support plan: Superintendent Truitt presented the Board with a “different approach to how NC DPI supports all schools with an equity lens on low performing schools.” The Superintendent’s plan includes reorganizing the current structure of district and regional support to provide more coordinated support from the federal, state, and regional levels. The presentation listed 2023 budget requests to carry out this plan, including:

• $10 million for professional development that can be targeted to specific needs of schools and districts through the North Carolina Center for Advancement of Teaching (NCCAT)
• $2 million for 17 principal coaches to serve 51 low-performing-designated schools that are not currently being served
• $4.5 million unobligated federal COVID relief funds for immediate hiring of principal coaching and teacher professional development.

Click here to access all meeting materials.

 

In November 2022, the NCSBA Delegate Assembly approved NCSBA’s 2023-2024 Legislative Agenda, which is used to guide the Association’s advocacy efforts. To provide additional background information on each item in the Legislative Agenda, including NCSBA’s position, the Governmental Relations team published issue briefs, which are linked below. You can also access the issue briefs on the North Carolina School Boards Action Center website.

• Retaining Top Talent & Improving Working Conditions Issue Brief
• School Safety Issue Brief
• Accountability Issue Brief
• Student-Centered Calendar Issue Brief
• Administrator Ethics Training Issue Brief
• School Finance Officers Issue Brief
• School Technology Issue Brief
• Local School Funding Structure Issue Brief
• Opportunity Scholarship Program Issue Brief
• Leandro Issue Brief
• High School Athletics Issue Brief

 

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

Statewide Bills

• HB 28: Managing Environmental Waste Act of 2023 (primary sponsor: Representative Harry Warren, R-Rowan)
  • Requires LEAs to annually report on the amounts and types of supplies with recycled content purchased and amounts and types of materials collected for recycling
• HB 46: Eliminate Tax on Government Retirees (primary sponsors: Representatives George Cleveland, R-Onslow; Frank Iler, R-Brunswick; Jon Hardister, R-Guilford; Donna White, R-Johnston)

• • Allows a taxpayer to deduct from their adjusted gross income the income received from a North Carolina State or local retirement plan or a federal government retirement plan

• HB 47: School Protection Act (primary sponsors: Representatives Jake Johnson, R-Polk; Neal Jackson, R-Moore; Brian Biggs, R-Randolph; Bill Ward, R-Pasquotank)
  • Allows security guards to carry firearms on nonpublic educational property
• HB 49: Protect Religious Meeting Places (primary sponsors: Representatives Jeffrey McNeely, R-Iredell; Carson Smith, R-Pender; Allen Chesser, R-Nash; Neal Jackson, R-Moore)
  • Identical to SB 41
  • Allows guns on property that is both a school and place of religious worship during certain hours
    • This does not include property owned by a local board of education or county commission
  • SB 41: Protect Religious Meeting Places (primary sponsors Senators Danny Britt, R- Robeson; Warren Daniel, R-Burke; Jim Perry, R-Lenoir)
    • Identical to HB 49
    • Allows guns on property that is both a school and place of religious worship during certain hours
      • This does not include property owned by a local board of education or county commission
    • SB 52: Open Meetings/Administering Organizations (primary sponsors: Senators Vickie Sawyer, R-Iredell; Todd Johnson, R-Union; Tom McInnis, R-Moore)
      • States that an administering organization of high school interscholastic athletics is subject to the provisions of the open meetings law
    • SB 62: Schools for the Deaf and Blind (primary sponsors: Senators Buck Newton, R-Wilson; Warren Daniel, R-Burke)
      • Identical to HB 11
      • Upon request, for a student who has applied to a school for the deaf or blind, requires the local superintendent to share current evaluation data and the current or proposed individualized education plan for any child enrolled in that superintendent’s public school unit
      • Establishes Boards of Trustees to govern the State’s schools for the deaf or blind, taking away the State Board of Education’s authority as the sole governing agency and DPI’s administrative responsibilities and oversight of these schools                                         

Local Bills

• HB 30: Reduce Length of Granville Board of Education Terms (primary sponsors: Representatives Matthew Winslow, R-Franklin; Frank Sossamon, R-Granville)
  • Reduces the term length on the Granville County Board of Education from six years to four years
• HB 31: Rowan-Salisbury Board of Education Filing Period (primary sponsor: Representative Harry Warren, R-Rowan)
  • Changes the filing period for candidates running for the Rowan-Salisbury Board of Education to between the first and third Friday in July before the general election
• HB 45: Address Pandemic Learning Loss/Alamance County (primary sponsors: Representatives Dennis Riddell, R-Alamance; Stephen Ross, R-Alamance)
  • Temporarily allows adjustments to the school calendar for Alamance-Burlington Schools to address pandemic learning loss

 

The Union County Board of Education voted to rescind its decision to make August 9 the start date for the 2023-24 school year, news outlets reported. This follows the filing of a lawsuit on January 9 by two Union County parents alleging the Board adopted a school calendar in violation of State law. Click here for an article on the issue.

 

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

January 30, 2023, Report

• Headlines for this edition include:
  • US Secretary of Education Miguel Cardona Outlines 2023 Vision for Agency
    • Secretary Cardona announced his “Raise the Bar, Lead the World” initiative, a call to strengthen our will to transform education for the better
  • Hunt Institute Holds Webinar on Early Childhood Education

 

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

State News

• EdNC – Education bills to watch in North Carolina’s 2023 legislative session
• DPI – Report: Teacher Effectiveness in NC Schools Tied to Better Student Outcomes During Pandemic
• EdNC – Public School Forum’s annual Eggs & Issues event focuses on teacher pay and recruitment
• EdNC – Celebrating 20 years of bringing legislators together to talk ed policy
• EdNC – Governor Cooper announces five recipients of Governor’s Educator Discovery Award
• WRAL – Cheating or working smarter? How colleges, universities and schools are coping with students using AI technology for writing assignments
• WRAL – Cumberland County students will see science projects blast into space

National News

• New York Times – Students Lost One-Third of a School Year to Pandemic, Study Finds
• Education Week – Dept. Outlines How Schools Can Use Federal Funds to Sustain Tech Programs
• The Washington Post – Teachers are burning out. On TikTok, they describe the working conditions.
• Education Week – 6 Lawsuits that Could Shake Up How States Pay for Schools
• Scholaroo – States with Best & Worst Education (2023)

 

Monday, February 6

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

• SB 49: Parents’ Bill of Rights.

Tuesday, February 7

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

• HB 8: Computer Sci. Grad. Requirement.
• HB 17: Elect the SBE/SPI as SBE Chair.

 

 

If your school board is planning to have a function with your legislative delegation, we would be happy for a member of the NCSBA Governmental Relations team to attend. Just let us know! Also, if your school board adopts its own legislative agenda, please forward it to rhoward@ncsba.org.

 

 

 

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

Rebekah Howard
Advocacy Coordinator
NC School Boards Association
rhoward@ncsba.org

Madison Skeens
Assistant Director of Governmental Relations
N.C. School Boards Association
mskeens@ncsba.org

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

 

On Wednesday, January 25, the House and Senate reconvened to begin work for the 2023 legislative long session. In the House, committee chairs were appointed and given their gavels. For a list of House education committee assignments, click here. For a list of Senate education committee assignments, click here. Dozens of bills were filed in both chambers, many of which concern education. In addition to HB 17 and HB 26, which are summarized below, see the “Bills Filed” section for a list of all education-related bills filed this week. Primary sponsors for both HB 17 and HB 26 include two of the three chairs of the House Education K-12 Committee.

Bill to Elect SBE Members and Make State Superintendent SBE Chair

HB 17: Elect the SBE/SPI as SBE Chair (primary sponsors: Representatives Hugh Blackwell, R-Burke; John Torbett, R-Gaston; Jon Hardister, R-Guilford; David Willis, R-Union) was filed on Wednesday and is similar to a bill filed in the 2022 legislative session. HB 17 is a constitutional amendment that requires 14 State Board of Education (SBE) members to be elected to four-year terms from districts established by the General Assembly. The bill also makes the State Superintendent 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.

A 3/5 vote in each chamber is required for this constitutional amendment to be put on the ballot for consideration by North Carolina’s voters.

Bill to Reform School Accountability Model

HB 26: Education Omnibus (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Mike Clampitt, R-Swain) was filed on Thursday and includes a requirement that the State Superintendent study and evaluate school achievement scores and metrics and report back to the General Assembly by April 15, 2023. The bill also requires DPI to submit a report to the General Assembly by February 15, 2024, on suggested changes to the school accountability model.

As a reminder, DPI’s Testing and Accountability Working Group first convened in September 2022 with the goal of creating recommendations for redesigning the State’s school accountability model. A comprehensive presentation of the Working Group’s recommendations is expected to be given at the SBE meeting next Wednesday, February 1. Additionally, reforming the current school accountability model is included in NCSBA’s Legislative Agenda, and you can access NCSBA’s Accountability Issue Brief by clicking here.

 

In November 2022, the NCSBA Delegate Assembly approved NCSBA’s 2023-2024 Legislative Agenda, which is used to guide the Association’s advocacy efforts. To provide additional background information on each item in the Legislative Agenda, including NCSBA’s position, the Governmental Relation’s team is publishing issue briefs, which are linked below. The final three issue briefs will be included in next Friday’s Legislative Update.

• Accountability Issue Brief
• School Technology Issue Brief
• Opportunity Scholarship Program Issue Brief
• Retaining Top Talent & Improving Working Conditions Issue Brief
• High School Athletics Issue Brief
• School Safety Issue Brief
• Administrator Ethics Training Issue Brief
• Local School Funding Structure Issue Brief

 

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

Statewide Bills

• HB 3: UNC Report on Computer Science Credit (primary sponsors: Representatives Erin Pare, R-Wake; Donna White, R-Johnston; Kristin Baker, R-Cabarrus; Hugh Blackwell, R-Burke)
  • Requires a study on whether to incorporate one or more computer science courses into the minimum requirements for undergraduate admission for the UNC system
• HB 4: Increasing Engagement in STEM Grant Program (primary sponsors: Representatives Erin Pare, R-Wake; Donna White, R-Johnston; Kristin Baker, R-Cabarrus; Shelly Willingham, D-Edgecombe)
  • Establishes the Increasing Engagement in STEM Program to provide public school units (PSUs) with grants to increase STEM engagement in middle school
• HB 8: Computer Sci. Grad. Requirement (primary sponsors: Representatives Erin Pare, R-Wake; John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Jon Hardister, R-Guilford)
  • Allows computer science courses to fulfill one high school science elective credit and requires completion of a computer science course for high school graduation
• HB 11: Schools for the Deaf and Blind (primary sponsors: Representatives Hugh Blackwell, R-Burke; Ken Fontenot, R-Wilson; Erin Pare, R-Wake; Dianne Wheatley, R-Cumberland)
  • Upon request, for a student who has applied to a school for the deaf or blind, requires the local superintendent to share current evaluation data and the current or proposed individualized education plan for any child enrolled in that superintendent’s PSU
  • Establishes Boards of Trustees to govern the State’s schools for the deaf or blind, taking away the State Board of Education’s authority as the sole governing agency and DPI’s administrative responsibilities and oversight of these schools
• HB 23: Gooru Contract (primary sponsors: Representatives Hugh Blackwell, R-Burke; John Torbett, R-Gaston; Tricia Cotham, D-Mecklenburg)
  • Requires DPI to contract with Gooru, Inc., to address negative educational impacts of the COVID-19 pandemic
• SB 3: NC Compassionate Care Act (primary sponsors: Senators Bill Rabon, R-Brunswick; Michael Lee, R-New Hanover; Paul Lowe, D-Forsyth)
  • Legalizes medical marijuana and clarifies that smoking or vaping medical marijuana is prohibited in or within 1,000 linear feet of the property line of a PSU
• SB 4: Eliminate Tax on Gov’t Retirees (primary sponsor: Senator Jim Burgin; R-Harnett)
  • Allows a taxpayer to deduct from their adjusted gross income the amount received from one or more federal, State, or local government retirement plans for at least 20 years of government employment
• SB 15: Hands Free NC (primary sponsors: Senators Jim Burgin, R-Harnett; Kevin Corbin, R-Macon; Mike Woodard, D-Durham)
  • States that a person who uses a cellphone while operating a school bus is subject to penalties and guilty of a Class 2 misdemeanor

Local Bill

• HB 27: Elect Thomasville City Bd. of Ed. (primary sponsor: Representative Sam Watford, R-Davidson)
  • Changes the Thomasville City Board of Education from appointed members to elected members

 

Governor Roy Cooper’s Teacher Advisory Commission held a meeting on Tuesday, January 24, which included:

• Governor’s office updates
• Teacher licensure/salary model updates
• School performance grade redesign updates

Updates from the Governor’s office mainly concerned Leandro and the Governor’s plans to continue supporting full implementation of the Leandro Comprehensive Remedial Plan. It was noted that the State Board of Education (SBE) and DPI’s legislative priorities also include support for full implementation of the Plan. For the most recent update on the Leandro case, click here to access our January 6, 2023, Legislative Update.

Updates on the new teacher licensure/salary model came from the chair of DPI’s Professional Educator Preparation and Standards Commission (PEPSC) who explained that PEPSC is currently creating pilots to be considered by the SBE. When asked about different ways the new model could be implemented, PEPSC chair Dr. Van Dempsey said he believes different components of the model could be implemented over time, including restoration of master’s pay for teachers. As a reminder, any recommendations brought by PEPSC to the SBE would still require legislative approval prior to implementation. For the most recent update on PEPSC’s work on this new model, click here to access our January 13, 2023, Legislative Update.

Updates on the school performance grade redesign concerned indicators that DPI’s Testing and Accountability Working Group plans to include in its proposed accountability model. These indicators strive to measure school performance in a variety of ways, rather than solely focusing on test scores, and they include:

• Postsecondary preparation inputs
• Postsecondary outcomes
• Improving student group performance
• Extra/intra-curricular activities
• Durable skills
• School climate

The State’s current model calculates school grades based on 80% student achievement and 20% school growth. While the Working Group is continuing to refine its list of indicators that have “valid and reliable measurements”, it is also considering how to weigh growth versus proficiency. The Working Group’s next meeting is scheduled for next Tuesday, January 31, and a comprehensive update will be given at the SBE’s meeting next Wednesday, February 1.

 

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

January 23, 2023, Weekly Report

• Headlines for this edition include:
  • Scotland County Schools Wins Community Violence Prevention Grant
    • The US Department of Education awarded $8 million in grants to 11 school districts across the United States through its Project Prevent The grants help school districts expand their capacity to implement school- and community-based strategies to help prevent community violence. Scotland County Schools won a grant in the amount of $800,000.
  • US Supreme Court Hears Case that Could Change IDEA Dispute Resolution For School Districts
    • Perez vs. Sturgis Public Schools, a case involving how school districts handle dispute resolution under the Individuals With Disabilities Education Act (IDEA), was argued before the US Supreme Court last week. At issue is whether individuals who have already entered into an IDEA settlement must exhaust the administrative process before pursuing a lawsuit under the Americans with Disabilities Act.

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

State News

• EdNC – Here comes the legislative long session. What does that mean for K-12 education?
• EdNC – Your guide to education committees in the NC General Assembly this session
• WRAL – After 30 years of special education funding limits, NC parents want change
• NC Health News – Schools struggle to retain special ed teachers. Advocates say invest more in them.
• WUNC – NC Superintendent Catherine Truitt on staffing shortages, teacher pay, and more
• EdNC – Growing opportunity gaps and culture wars raise the stakes on educational equity this long session
• EdNC – It’s National School Choice Week. Here’s where NC students choose to go
• The Daily News – Onslow school calendar shift could benefit military families, but change in state legislation needed to make it happen

National News

• The New York Times – Families Struggle as Pandemic Program Offering Free School Meals Ends
• K-12 Dive – These 4 charts explain federal fiscal 2023 K-12 spending
• Forbes – A Warrior for Public Education on How to Rebuild After COVID-19 Learning Losses
• Education Week – Want to Take Learning Recovery Seriously? Support and Train Teachers
• Education Week – The IRS Increased the Teacher Tax Deduction. Will it Help?
• Bellwether – Creativity from Necessity: A Practical Toolkit for Leaders to Address Teacher Shortages
• The Wall Street Journal – AI Can Save Education From Itself

 

Tuesday, January 31

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

• HB 11: Schools for the Deaf and Blind

 

 

If your school board is planning to have a function with your legislative delegation, we would be happy for a member of the NCSBA Governmental Relations team to attend. Just let us know! Also, if your school board adopts its own legislative agenda, please forward it to rhoward@ncsba.org.

 

 

 

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

Rebekah Howard
Advocacy Coordinator
NC School Boards Association
rhoward@ncsba.org

Madison Skeens
Assistant Director of Governmental Relations
N.C. School Boards Association
mskeens@ncsba.org

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

 

On Tuesday, House Speaker Tim Moore, R-Cleveland, announced House Committee assignments for the 2023-24 legislative session. This announcement follows last week’s opening ceremonies for the 2023 long session and the release of Senate Committee assignments (click here to access last week’s Legislative Update for a list of those assignments.) The legislature plans to start conducting business next Wednesday, January 25.

House Committee Assignments

House Education K-12 Committee

• Chairs: Representatives Hugh Blackwell, R-Burke; Tricia Cotham, D-Mecklenburg; John Torbett, R-Gaston
• Vice Chairs: Representatives Cecil Brockman, D-Guilford; Diane Wheatley, R-Cumberland; David Willis, R-Union
• Members: Representatives Cynthia Ball, D-Wake; Brian Biggs, R-Randolph; Laura Budd, D-Mecklenburg; Ashton Clemmons, D-Guilford; Jeffrey Elmore, R-Wilkes; Ken Fontenot, R-Wilson; Rosa Gill, D-Wake; Frank Iler, R-Brunswick; Jake Johnson, R-Polk; Donny Lambeth, R-Forsyth; Brandon Lofton, D-Mecklenburg; Marvin Lucas, D-Cumberland; Larry Potts, R-Davidson; Dennis Riddell, R-Alamance; James Roberson, D-Wake; Phil Shepard, R-Onslow; Frank Sossamon, R-Granville; Larry Strickland, R-Johnston; Julie von Haefen, D-Wake

House Education Appropriations Committee

• Chairs: Representatives Jon Hardister, R-Guilford; John Torbett, R-Gaston; David Willis, R-Union
• Vice Chair: Representative Jeffrey Elmore, R-Wilkes
• Members: Representatives Hugh Blackwell, R-Burke; Cecil Brockman, D-Guilford; Kevin Crutchfield, R-Cabarrus; Rosa Gill, D-Wake; Zack Hawkins, D-Durham; Marvin Lucas, D-Cumberland; Lindsey Prather, D-Buncombe; Frank Sossamon, R-Granville; Diane Wheatley, R-Cumberland

 

In November 2022, the NCSBA Delegate Assembly approved NCSBA’s 2023-2024 Legislative Agenda, which will be used to guide the Association’s advocacy efforts. To provide additional background information on each item in the Legislative Agenda, including NCSBA’s position, issue briefs will be published on the NCSBA website in the coming weeks. In the meantime, five of those issue briefs are linked below.

• Retaining Top Talent & Improving Working Conditions Issue Brief
• High School Athletics Issue Brief
• School Safety Issue Brief
• Administrator Ethics Training Issue Brief
• Local School Funding Structure Issue Brief

 

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

January 17, 2023, Weekly Report

• Headlines for this edition include:
  • NC Congresswoman Virginia Foxx (R-5^th) was selected by Republican leadership to be Chair of the renamed Education and Workforce Committee.
  • The rules package approved by the US House of Representatives includes a provision to keep spending for fiscal year 2024 at the same level as fiscal year 2022.
  • No extension of federal funds for home digital connectivity
    • The fiscal year 2023 omnibus spending plan passed by Congress last month did not include extra funding to extend the Emergency Connectivity Fund (ECF). The ECF was established during the pandemic to provide students and teachers with both internet access and digital devices in their homes. The concern is that without such funding, it is harder to close the “homework gap,” that is a result of students not having home internet access.

 

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

State News

• DPI – State Superintendent Truitt and General Assembly Award $3 Million to Support Modernization of CTE Programs
• WCNC – NC school lunch debt has topped more than $1M in just the first few months of school
• WUNC – Where do NC students go after high school? Public schools have a new tool to follow their journey.
• WRAL – Lighting upgrades in NC schools saves hundreds of thousands annually
• The State Port Pilot – School Supt. Oates resigns to take Deputy State position

National News

• The Washington Post – More schools have panic buttons, locks and police, new data shows
• USA Today – Congress got rid of a free lunch for all program. That means some students are going hungry

 

If your school board is planning to have a function with your legislative delegation, we would be happy for a member of the NCSBA Governmental Relations team to attend. Just let us know! Also, if your school board adopts its own legislative agenda, please forward it to rhoward@ncsba.org.

 

 

 

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

Rebekah Howard
Advocacy Coordinator
NC School Boards Association
rhoward@ncsba.org

Madison Skeens
Assistant Director of Governmental Relations
N.C. School Boards Association
mskeens@ncsba.org

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