2019

Senate Plan for School Capital

As an alternative to Speaker Moore’s statewide bond for school construction (not yet filed), the State Senate unveiled SB5, Building North Carolina’s Future. SB5 provides a “pay as you go” method for funding public school construction. It allows local school administrative units (commonly referred to as LEAs) and community colleges to access funding from the State Capital and Infrastructure Fund (SCIF) that was created in 2017 (G.S. 143C-4-3.1). Public schools will receive one-third of SCIF funds, an amount bill sponsors anticipate being around $2 billion over 9 years. The Department of Public Instruction will be responsible for distributing funds for capital projects and repair and renovation projects to “applicants that demonstrate the greatest need”. Applicants that have not received a grant from the Needs-Based Public School Capital Fund in the previous five years shall receive a higher priority for funding. If a school district is not in compliance with K-3 class size requirements, then any grant money received must first be used to obtain class size compliance. Money from the fund cannot be used to retire existing debt obligations. It can be used for school safety enhancements. To learn more about the four-page bill click here. See the chart below for a comparison of Senate Bill 5, a pay-as-you-go model, versus Speaker Moore’s proposed bond bill.

School Calendar Bills

Two local House bills providing complete school calendar flexibility were introduced within the first few hours of the 2019 long session.

• HB12, sponsored by Reps. Riddell and Ross for Alamance-Burlington Schools
• HB13, sponsored by Reps. Howard and Setzer for Catawba and Davie County Schools, Hickory Public Schools, and Newton-Conover City Schools

NCSBA is creating a spreadsheet to track school calendar bills that will shared each week.

School Calendar Resolutions

Thank you to the thirty-eight school boards and eleven county commissions that have shared with NCSBA their adopted resolutions in support of school calendar flexibility (Burke and Camden approved a joint resolution).

For boards in need of assistance, this packet provides sample resolutions and draft bills that can be used in discussions with your legislators. Please email a copy of your board’s calendar flexibility resolution to Richard Bostic at rbostic@ncsba.org.

Potential Bill on Voting Sites

NCSBA plans to support a bill that will likely be filed this session concerning the authority of local school boards to decide which public schools will be used as voting sites. A draft bill reportedly focuses on ensuring the safety of students when schools are being used as polling places. Current state law allows local election boards to mandate the use of public-school buildings as voting precincts. If passed, this new law would permit a local school board to reject the local election board’s request until the school board can create a school-specific safety plan that both boards agree on.

This article written by Richard Craver of the Winston-Salem Journal discusses the possible changes and varying perspectives of the potential bill.

Legislative Agenda Issue Briefs

The NCSBA Governmental Relations staff is writing issue briefs for each topic in the 2019-20 Legislative Agenda. They can be accessed on the NCSBA website under the Governmental Relations tab or by clicking this link. Thirteen of the seventeen issue briefs are complete and accessible.

Legislative Public Policy Conference

The NCSBA Legislative Public Policy Conference is scheduled for April 30/May 1 in Raleigh at the NCSBA building. The agenda is still under development, but we are securing a legislative education panel of two State senators (one committee chair) and two House members (one committee chair). Other sessions include an analysis of the real impact on summer learning loss and potential remedies, along with state evaluations on Read to Achieve and the Innovative School District. Also, since the General Assembly is in session during our conference, you will have an opportunity to see them in action and visit with your legislative delegation.

The early bird registration rate for the conference is $250 through February 28, and the normal registration rate is $325 starting March 1. Click here to register.

Leanne E. Winner
Director of Governmental Relations
N.C. School Boards Association
(919)747-6686

Bruce Mildwurf
Associate Director of Governmental Relations
N.C. School Boards Association
(919) 747-6692

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
(919) 747-6677

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
(919) 747-6688

Welcome Rebekah Howard to NCSBA!

This month we welcomed Rebekah Howard to NCSBA as our new Governmental Relations Research Specialist. Rebekah grew up in Garner, NC and is a recent NCSU graduate where she majored in political science with a concentration in law and justice. Rebekah joins us after completing a research internship at the John Locke Foundation where her responsibilities ranged from assisting in research publications to analyzing and discussing general statutes and possible legislation reform.

2019 Legislative “Long” Session

Breaking News – The House announces committee assignments:

Appropriations, Education
Chairs: Reps. Hugh Blackwell, R- Burke (former Burke County School Board member); Jeffrey Elmore, R-Wilkes; John Fraley, R- Iredell; Craig Horn, R- Union; John Sauls, R- Lee; Vice Chairs: Reps. Debra Conrad, R- Forsyth; Pat Hurley, R- Randolph; Linda Johnson, R-Cabarrus (former Kannapolis City School Board Member); Members: Reps. Cynthia Ball, D- Wake; Cecil  Brockman, D- Guilford; Susan Fisher, D- Buncombe (former Buncombe County School Board member); James Gailliard, D-Nash; Terry  Garrison, D- Vance; Rosa Gill, D- Wake (former Wake County School Board member); Holly Grange, R- New Hanover; Bobby Hanig, R-Currituck; Marvin Lucas, D-Cumberland;

Education – K-12 Policy
Chairs: Reps. Elmore, Horn, Johnson; Vice Chairs: Reps Blackwell, Brockman; Members:  Reps. Ball, Chaz Beasley, D-Mecklenburg; Mark Brody, R-Anson; Kevin Corbin, R- Macon (former Macon County School Board member); Jean Farmer-Butterfield, D- Wilson; Fisher, Fraley, Gill, Charles Graham, D-Robeson; Jon Hardister, R-Guilford; Lucas, Graig Meyer, D-Orange; Larry Potts, R- Davidson; Mitchell Setzer, R- Catawba; Kandie Smith, D-Pitt; Larry Strickland, R- Johnston (former Johnston County School Board member); Brian Turner, D- Buncombe; Donna White, R-Johnston (former Johnston County School Board member)

The real work of the 2019 session gets underway when members return to the Capital City next Wednesday, January 30, at noon. Most members are moved into their new offices. The NCSBA Government Relations team is geared up and ready to go.

Legislative Public Policy Conference

The NCSBA Legislative Public Policy Conference is scheduled for April 30/May 1 in Raleigh at the NCSBA building. The agenda is still under development, but it will include a legislative panel consisting of legislators that chair an education committee. Since the General Assembly is in session, it will give you an opportunity to see them in action and visit with your legislative delegation.

The early bird registration rate for the conference is $250 through February 28 and the normal registration rate is $325 starting March 1. Click here to register.

Legislative Agenda Issue Briefs

The NCSBA Government Relations staff is writing issue briefs for each topic in the 2019-20 Legislative Agenda. The following issue briefs are now available (click on the titles below):

• School Grades
• Virtual Charter Schools
• Ethics Training for School Administrators
• LEA/Charter School Relations

The following are previously posted issue briefs:

• K-3 Class Size
• Teacher Pay
• Sales Tax Refund
• Vouchers/Education Savings Accounts
• Fiscal Accountability
• School Construction/Capital
• Low-Performing Schools
• School Calendar

School Calendar Flexibility

Thank you to the twenty-eight school boards and nine county commissions that have shared with NCSBA their adopted resolutions in support of school calendar flexibility (Burke and Camden approved a joint resolution).

For boards in need of assistance, this packet provides sample resolutions and draft bills that can be used in discussions with your legislators. Please email a copy of your board’s calendar flexibility resolution to rbostic@ncsba.org.

Leanne E. Winner
Director of Governmental Relations
N.C. School Boards Association
(919)747-6686

Bruce Mildwurf
Associate Director of Governmental Relations
N.C. School Boards Association
(919) 747-6692

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
(919) 747-6677

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
(919)747-6688

School Bond Forum – January 17

House Speaker Tim Moore and state Superintendent Mark Johnson joined several legislators and local officials in Harnett County to discuss the dire need for a statewide school construction bond. Speaker Moore says the total amount will be at least $1.9 billion. He expects the portion for K-12 to be at least $1.5 billion. Moore hopes to see a referendum on the ballot by 2020.

Governor’s Commission on Access to Sound Basic Education – January 17

The Governor’s Commission on Access to Sound Basic Education met to discuss the impact that specialized instructional support personnel (SISP) has on student success. There were presentations given on the importance of having a school counselor, nurse, psychologist, and social worker employed at every public school in North Carolina. Cabarrus County school district personnel presented their first-hand findings of how the “whole child” approach (through the implementation of SISP) has positively impacted their school district.

The following link further discusses the role of SISP in public schools, while also comparing North Carolina’s SISP to student ratios to the national recommended ratios.

https://files.nc.gov/governor/SISP_Overview.pdf

Legislative Agenda Issue Briefs

The NCSBA Government Relations staff is writing issue briefs for each topic in the 2019-20 Legislative Agenda. The following issue briefs are now available (click on the titles below):

• K-3 Class Size
• Teacher Pay
• Sales Tax Refund

The following issue briefs were posted in the legislative update from 1/11:

• Vouchers/Education Savings Accounts
• Fiscal Accountability
• School Construction/Capital
• Low-Performing Schools
• School Calendar

School Calendar Flexibility

Thank you to the twenty-two school boards and seven county commissions that have shared with NCSBA their adopted resolutions in support of school calendar flexibility (Burke and Camden approved a joint resolution).

Please email a copy of your board’s calendar flexibility resolution to rbostic@ncsba.org.

Media Attention: The resolutions are putting a spotlight on this important issue. Below are some recent articles on the need for calendar flexibility:

https://www.wral.com/with-winter-whittling-away-at-school-days-school-districts-seek-more-flexible-calendars/18118569/?utm_campaign=webshare&amp%3Butm_medium=email&amp%3Butm_source=wral

https://www.blueridgenow.com/news/20190115/school-board-makes-case-for-controlling-calendar-looks-at-2019-20-dates

Legislative Public Policy Conference

The NCSBA Legislative Public Policy Conference is scheduled for April 30/May 1 in Raleigh at the NCSBA Building. The agenda is still under development but it will include a legislative panel consisting of legislators that chair an education committee. Since the General Assembly is in session, it will give you an opportunity to see them in action and visit with your legislative delegation.

The early bird registration rate for the conference is $250 through February 28 and the normal registration rate is $325 starting March 1. Click here to register.

Leanne E. Winner
Director of Governmental Relations
N.C. School Boards Association
(919)747-6686

Bruce Mildwurf
Associate Director of Governmental Relations
N.C. School Boards Association
(919) 747-6692

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
(919) 747-6677

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
(919)747-6688

2019 Session – January 9, 2018

Friends and family of recently sworn-in state lawmakers filled both chambers on the ceremonial first day of the 2019 legislative session. The Senate unanimously elected Senator Phil Berger to a 4^th term as Senate President Pro Tem. The House elected Representative Tim Moore to a 3^rd term as Speaker of the House. The General Assembly adjourned until January 30.

Senate Education Committee Assignments:

Education/Higher Education Appropriations Chairs: Sens. Deanna Ballard, R- Watauga; Jerry Tillman, R-Randolph

Members: Sens. Rick Horner, R-Nash (former Nash County school board chair); Todd Johnson, R-Union; Ted Alexander, R-Cleveland; Chuck Edwards, R-Henderson; Don Davis, D-Greene; Erica Smith, D-Northampton (former Northampton County school board member); Joyce Waddell, D-Mecklenburg (former CMS school board member); Wiley Nickel, D-Wake

Education/Higher Education Policy Chairs: Sens. Deanna Ballard-R, Rick Horner-R (former Nash County school board chair), Jerry Tillman-R

Members: Norman Sanderson, R-Carteret; Joyce Krawiec, R-Forsyth; Andy Wells, R-Catawba; Chuck Edwards-R; Paul Newton, R-Cabarrus; Todd Johnson-R; Kathy Harrington, R-Gaston; Tom McInnis, R-Richmond (former Richmond County school board member); Don Davis-D; Gladys Robinson, D-Guilford; Jay Chaudhuri, D-Wake; Valerie Foushee, D-Orange (former Orange County school board member); Sam Searcy, D-Wake

House Committee Assignments:

Education: TBA

Base Budget Appropriations Senior Chairs: Reps. Jason Saine, R-Lincoln; Linda Johnson, R-Cabarrus (former Kannapolis City school board member); Donny Lambeth, R-Forsyth (former Winston-Salem/Forsyth school board chair)

Chairs: Reps. Dean Arp, R-Union (former Union County school board chair); Bill Brisson, R-Bladen; Josh Dobson, R-McDowell; John Faircloth, R-Guilford; Chuck McGrady, R-Henderson

Finance Chairs: Reps. Julia Howard, R-Davie; Mitchell Setzer, R-Catawba; John Szoka, R-Cumberland

Local Bills Filing Deadline

If your school board will be asking your local legislative delegation to introduce a local bill in the 2019 Session, please note the following bill filing deadlines:

Senate – Local bills must be submitted to legislative staff by February 27 (bill must be filed by March 14)

House – Local bills must be submitted to legislative staff by March 6 (bill must be filed by March 28)

Joint – The Crossover deadline is May 9. This means that a bill must be approved by its originating chamber and received by the second chamber by May 9 for it to be considered in 2019 and 2020. This rule does not apply to bills referred to the Appropriations and Finance committees.

Legislative Agenda Issue Briefs

The NCSBA Government Relations staff is writing issue briefs for each topic in the 2019-20 Legislative Agenda. The following issue briefs are now available (click on the titles below) :

• Vouchers/Education Savings Accounts
• Fiscal Accountability
• School Construction/Capital
• Low-Performing Schools
• School Calendar

State Board of Education (SBE) – January 10

Christian Overton –  Raleigh Dingman Award winner Christian Overton began his one year term as school board member adviser to the State Board of Education.

Carver Heights Elementary School –  The Board approved Carver Heights Elementary School in Wayne County for operation as a Restart Model school starting in the 2019-20 school year. In December 2018, the State Board of Education chose the school to be operated under the Innovative School District beginning in the 2019-20 school year. However, in late December 2018, the law was changed to allow Wayne County to apply for Restart Model school status for Carver Heights Elementary. (S.L. 2018-145, Section 27)

School Calendar Flexibility

As of January 11, NCSBA has received adopted resolutions from twelve school boards and five county commissions in support of school calendar flexibility (Burke approved a joint resolution).

Please email a copy of your board’s calendar flexibility resolution to rbostic@ncsba.org.

Legislative Public Policy Conference
The NCSBA Legislative Public Policy Conference will held on April 30 and May 1 in Raleigh at the NCSBA Building. The agenda is still under development. Since the legislature is in session, it will give you an opportunity to visit with your legislative delegation.

The early bird registration rate for the conference is $250 through February 28 and the normal registration rate is $325 starting March 1. Click here to register.

Leanne E. Winner
Director of Governmental Relations
N.C. School Boards Association
(919)747-6686 direct dial

Bruce Mildwurf
Associate Director of Governmental Relations
N.C. School Boards Association
(919) 747-6692

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
(919) 747-6677

Once and for all, the North Carolina General Assembly adjourned the 2017-18 legislative biennium shortly after 4pm, December 27, 2018.

Fun Fact: No other General Assembly has adjourned, sine die, at such a late date in the 2^nd year of a Regular Session.

2019 Long Session:
There’s no rest for the weary – the 2019 session convenes at noon this Wednesday, January 9. (The General Assembly will then adjourn until January 30.) Turnover from the last long session is about 24% – fourteen new Senators, twenty-seven new House members. Neither chamber has a veto-proof majority.

​Beginning this Friday, January 11, NCSBA will publish its Legislative Update weekly until the end of the legislative session.

​2018 Session (November 27-December 27):
The session concluded with legislators overriding two of Governor Cooper’s highly publicized vetoes.
– SB824, Implementation of Voter ID Constitutional Amendment; and
– SB469, Technical Corrections

SB469, Technical Corrections:
When NCSBA published the December Legislative Update, the House had just passed a Technical Corrections bill (SB469), which included several education-related provisions. A few days later, the Senate did not concur. The final legislation did Not include two notable education components that were in the House version. 1) Expanding eligibility for the principal “double bonus” program. 2) Clarifying language to allow local boards of education to be innovative school operators.

Education-related provisions in the new law, include:

• Section 1: Expands the Disability Scholarship eligibility requirements by making eligible those students in nonpublic schools who were enrolled in a NC public school for an entire prior school year.
• Section 2: Changes who administers the Transforming Principal Preparation Grant Program from a nonprofit corporation administered by the NC Principal and Assistant Principal Association to the NC Principal Fellows Commission in collaboration with the State Education Assistance Authority, effective July 1, 2019.
• Section 18: Permits public school buses to travel outside the State if the superintendent determines that the travel is the most direct route to and from a school.
• Section 20: Allows municipal charter school teachers in Matthews, Mint Hill, Cornelius, and Huntersville to be enrolled in the Teachers’ and State Employees’ Retirement System and the State Health Plan for Teachers and State Employees.
• Section 22: Expands eligibility for the Principal ADM Hold Harmless from schools closed for at least 15 school days due to Hurricane Florence to schools closed for at least 10 days.
• Section 27: Allows the Wayne County Board of Education to apply to adopt a restart model for Carver Heights Elementary School. Repeals the requirement that at least two qualifying schools transfer to the Innovative School District no later than the 2019-20 school year.

School Calendar Flexibility – Reminder
One of the top NCSBA priorities in the 2019 legislative session is giving local school boards more control over local school calendars. Please don’t forget to email a copy of your board’s calendar flexibility resolution to rbostic@ncsba.org.

​Please contact us if you need additional support or have any questions.

Leanne E. Winner
Director of Governmental Relations
N.C. School Boards Association
(919)747-6686 direct dial

Bruce Mildwurf
Associate Director of Governmental Relations
N.C. School Boards Association
(919) 747-6692

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
(919) 747-6677

2018 Session Continued – November 27

When the 2018 Session adjourned in June, it set a return date of November 27 in order to write bills to implement the constitutional amendments approved by voters on November 6. To that end, the General Assembly approved SB 824 this week to implement the constitutional amendment requiring a photo ID to vote. While in town, the General Assembly has considered hurricane relief and a few other matters that impact K-12 education.  Lawmakers will consider more legislation next week. They do not yet have an adjournment date.

SB 823 (S.L. 2018-138), Hurricane Florence / Supplemental Act, was approved by the General Assembly and was signed by Governor Cooper.  Key education components of the act include:

• Funding: Appropriates $23.5 million to the Department of Public Instruction (DPI) to repair and renovate facilities damaged by Hurricane Florence for local school administrative units (LEAs), lab schools, and the Innovative School District. In addition, appropriates $1.5 million to DPI to repair or replace food, food nutrition equipment, and food nutrition supplies damaged by Hurricane Florence for local school administrative units (LEAs), lab schools, and the Innovative School District.

• FAST NC: Authorizes DPI to transfer up to $350,000 from the State Public School Fund to Florence Aid to Students and Teachers of North Carolina (FAST NC) to help students and teachers recover from the impact of Hurricane Florence.

• Principal ADM Hold Harmless: Holds harmless principal salaries impacted by lower average daily membership when the principal’s school is located in a disaster area and the school was closed for at least 15 days from September 2018 to November 2018 as a result of Hurricane Florence.

SB 824, Implementation of Voter ID Constitutional Amendment, was approved by the General Assembly and is awaiting the Governor’s signature or veto. The bill automatically becomes law if the Governor does not take action within ten days of receiving it.

Section 1.2(a) of this bill allows an employee identification card (ID) issued by a local government entity, including traditional and charter schools, to be used to vote in person at the polls. However, the local employee ID must be approved by the State Board of Elections and Ethics Enforcement (State Board). Each local school board must decide if they want to seek approval of their employee ID from the State Board. To gain approval, the head elected official or the lead human relations employee of the local government entity (i.e. school board) must submit a signed letter stating the following are true (Section 1.2(c)):

1. The ID cards contain photographs of the employees taken by the employing entity or its agents or contractors.
2. The ID cards are issued after an employment application process that includes methods of confirming the identity of the employee.
3. The equipment for producing ID cards is kept in a secure location.
4. Misuse of the equipment for producing the ID cards would be grounds for termination of an employee.
5. Local officials would report any misuse of ID card equipment to law enforcement.
6. The cards issued by the local entity contain a date of expiration effective January 1, 2021.
7. The local government entity provides copies of standard IDs to the State Board for training purposes.

SB 469, Technical Corrections, was approved by the House on December 6 and was sent to the Senate for concurrence with House amendments.  Key education components of the act include:

• Section 3: Expands eligibility for the 2018-19 principal bonus program’s “double bonus” if the principal supervised a school with a grade D or F for either 1) the 2016-17 school year, if the principal supervised the school for a majority of the 2017-18 school year or 2) the 2017-18 school year.
• Section 18: Expands eligibility for the Principal ADM Hold Harmless (see SB 823 above) from schools closed for at least 15 school days due to Hurricane Florence to schools closed for at least 10 days.
• Section 19: Permits public school buses to travel outside the State if the superintendent determines that the travel is the most direct route to and from a school.
• Section 20: Adds local boards of education to the list of potential innovative school operators.
• Section 22: Modifies the Disability Scholarship eligibility requirements by making eligible those students in nonpublic schools who were enrolled in a NC public school for the entire prior school year.
• Section 22.5: Allows the board of directors of municipal charters in Matthews, Mint Hill, Cornelius, and Huntersville to elect to become participating employers in the Teachers’ and State Employees’ Retirement System and the State Health Plan for Teachers and State Employees.

Governor’s Crime Commission Special Committee on School Shootings
Two well attended public forums in Greenville and Greensboro took place in November. They were designed to allow the public to provide community comments and concerns. Having now met six times since April 2018, the Special Committee on School Shootings will now develop recommendations and submit a report to the Governor’s Crime Commission by the end of December.

House Select Committee on School Safety – December 6
The committee heard presentations by Charlotte-Mecklenburg Schools Superintendent, Dr. Clayton Wilcox, and Mathews Police Chief, Clark Pennington. They shared ongoing efforts that are improving school safety, and lessons learned following a recent school shooting in the district.

This was the committee’s final meeting of the 2018 session. Members approved a report that included six legislative proposals for the 2019-20 General Assembly. Click here to see the draft report. One of the recommendations is to reintroduce several school safety bills that passed the House in 2018 and were not taken up by the Senate.

Governor’s Commission on Access to Sound Basic Education – December 4
Members discussed the state of teaching in North Carolina. There were several presentations and panel discussions focusing on teacher recruitment, preparation, retention, and advancement. To learn more about the work of this commission click here.

State Board of Education (SBE) – December 6

Innovative School District (ISD) –  The Board approved Carver Heights Elementary School in Wayne County for operation under the Innovative School District starting in the 2019-20 school year.

FAST NC (Florence Aid to Students and Teachers of North Carolina) – FAST NC has raised $78,000 toward its goal to give “school materials, supplies, and resources that aid students in being prepared for instruction and aid teachers in the restoration of a high-quality learning environment.”  Three grants totaling $42,000 were recently awarded to replace destroyed science supplies and  instructional materials.   If you are in one of the 28 counties declared a federal disaster area as a result of Hurricane Florence, click here to learn how to apply for these funds.

Roberta Scott – Roberta Scott was recognized and thanked for her service this year as the Raleigh Dingman Award school board member adviser to the State Board of Education. Christian Overton, 2018 Raleigh Dingman Award winner, will replace Ms. Scott in January.

Combine Educator Talent-Related Functions – In response to a recommendation from the Ernst & Young organizational assessment, DPI is planning to combine Ed Prep, Licensure, and Educator Effectiveness under the Educator Recruitment & Support Division. This change should be finalized by July 31, 2019. Click here for more information on this topic.

Business Modernization – DPI business systems for HR, finance and payroll are near the end of their useful life and must be modernized. DPI officials estimate this modernization effort will cost $154 million over the next five years. $28.8 million has been appropriated to date for this effort. Click here for more information of this project.

School Calendar Flexibility

Columbus and Yancey County School Boards have shared with us their resolutions asking their county commissioners to pass a resolution in support of calendar flexibility. Please email a copy of your boards calendar flexibility resolution to rbostic@ncsba.org.

Tomorrow is the Day!

Wednesday morning, we will wake up and hopefully know the results of the 2018 election.  Below is what to watch for.

Constitutional Amendments

There are six constitutional amendments on the ballot.  Based upon polling data that we have been privy to, it appears the amendments on judicial selection and the ethics and election board are likely to be defeated.  Of the remaining four, the only one that has had majority support in the exit polling of likely voters is the one on victims’ rights.  The other three do not have majority support in the early voting exit polling but do have majority support in the overall polling.

NC Supreme Court

Jackson(I)/Earls/Anglin race pits incumbent Justice Barbara Jackson-R against Anita Earls-D and Chris Anglin-R.   As you might recall from this summer, there was a lot of effort to keep Anglin off the ballot.  Polls have consistently shown Earls ahead in this three-way race.

US House

The current makeup of the NC delegation is 10 Republicans and 3 Democrats.  Only three of the congressional seats have been rated as competitive this election cycle.

House District 9 (Pittenger seat) has Mark Harris-R vs. Dan McCready-D.  The most recently released poll has Harris at 45% and McCready at 44%.  This is definitely one to watch on election night.  To see more on this race and the trending data click here.

House District 13 had Ted Budd(I)- R vs Kathy Manning-D.  The latest poll for this race has Budd at 44% and Manning at 41%.  To see more on this race and the trending data click here.

House District 2 has George Holding (I)-R vs. Linda Coleman-D.  While polling data as recently as September showed this race to be neck and neck, the most recent poll has Holding ahead with 49% to 40%.  To see more on this race and the trending data click here.

NC Senate

The NC Senate is currently made up of 35 Republicans and 15 Democrats.  The Democrats need to win 6 additional seats to break the super-majority and 11 to take control of the Senate.  The Republicans need to maintain 30 seats to keep the super majority and 25 seats to hold a majority since the tie-breaking vote falls to the Lt. Governor, who is a Republican. Below are several resources on the most competitive seats in the NC Senate.

Click here for a document produced by the Free Enterprise Foundation.  They rank the competitiveness of seats based only upon prior performance of the district (i.e. presidential, congressional, etc. results) and NOT on the quality of the candidates.  The McKissick seat in top left is the strongest Democrat seat and the Open 29 (Dunn) seat is the most Republican seat.  Thus, working from the middle column out are your more competitive races based on prior performance of the district.

Click here for a document produced by Real Facts NC of Senate races to watch based on past performance of the district, the quality of the candidates and fundraising.  This analysis was done prior to the most recent campaign finance reports.

NC House

The NC House is currently made up of 75 Republicans and 45 Democrats.  The Democrats need to win 4 additional seats to break the super-majority and 16 to take control of the House.  Thus, Republicans can afford to lose 3 seats to maintain the super-majority and 14 seats to hold on to the majority. Below are several resources on the most competitive seats in the NC House.

Click here for a document produced by the Free Enterprise Foundation.  They rank the competitiveness of seats based only upon prior performance of the district (i.e. presidential, congressional, etc. results) and NOT on the quality of the candidates.  Representative Black’s seat in top left of the chart is the strongest Democrat seat and Representative McNeill’s seat is the most Republican seat.  Thus, working from the middle column out are your more competitive races based on prior performance of the district.

Click here for a document produced by Real Facts NC of House races to watch based on past performance of the district, the quality of the candidates and fundraising.  This analysis was done prior to the most recent campaign finance reports.

Third Extra Session – October 15

SB3, 2018 Hurricane Florence Disaster Recovery Act, was approved by the General Assembly and signed into law by the Governor.  Key education components include:

• Funding: $60 million was appropriated to DPI to repair and renovate facilities damaged by Hurricane Florence for local school administrative units (LEAs), lab schools, and the Innovative School District. The funds do not require SBE approval. (Read State Board of Education/Hurricane Aid below for details of how the State Superintendent distributed the $60 million.)
• Average Daily Membership (ADM): Directs the State Board of Education (SBE) to consider the highest student population during the first four months of school, rather than the current first two months for schools in disaster counties.

House Select Committee on School Safety
The Committee continued its public hearings across the state with stops in Belmont (Oct. 12), Wilmington (Oct. 19), Winston-Salem (Oct. 26), and Sanford (Nov. 2). At each meeting, the committee heard how the local school district is working to ensure the physical safety and mental health of their students and staff. Click here to review committee agendas and handouts for these hearings.

State Board of Education (SBE) – November 1

Innovative School District (ISD) – By a vote of 7-5, the Board voted to delay the selection of Carver Heights Elementary in Wayne County as the newest addition to the ISD. A majority of Board members wanted an additional month to receive more information about how this school was chosen from the six candidates.  Board members also mentioned the county’s opposition to the ISD and the county’s past ability to improve low-performing schools.

FY 2019-2021 Proposed Budget – The Board approved its 2019-21 expansion budget request. Each state agency was permitted to request a 2% increase over their 2018-19 base budget. The Board’s 2% request of $190.8 million does not include a principal and teacher pay increase, because the Board believes these increases should be in addition to the expansion request.

Some big-ticket items in the proposed budget are as follows:

• $71.5 million (Recurring = R) for school support positions (nurses, psychologists, counselors, social workers, and school resource officers)
• $30 million (R) to continue the department’s Business System Modernization effort
• $20 million (R) for school nutrition – Includes $5 million to pay the student share of a reduced price lunch and $15 million to purchase locally-grown agricultural products
• $18 million (R) for instructional materials and classroom supplies for personalized learning
• $10 million (R) for school textbooks and digital learning resources

The Board also discussed its legislative agenda for the 2019-20 biennium that includes the following (no action was taken at this meeting):

• Make permanent the 15 point A-F grading scale and create a focus group to review weighting of growth and other items
• Revise the definition of “low-performing school” to not include schools meeting growth
• Support principal pay, teacher pay and bonus adjustments
• Continue principal pay hold-harmless extension
• Restore state sales tax refund for schools
• Support statewide school bond or needs-based capital fund
• Allow school districts to apply to State Board for calendar and funding flexibility

School Psychologists – The Board approved the allowance of a Nationally Certified School Psychologist credential to fulfill the requirements of a continuing professional license as long as the national certification remains aligned with state licensing requirements.

Hurricane Aid – Superintendent Johnson reported that the $60 million (in SB3) for facilities damaged by Hurricane Florence were allotted to 12 school districts. Priority was given to those districts needing funds to reopen schools. Click here for allocations.

Governor’s Commission on Access to Sound, Basic Education – Oct. 16
The commission met in Fayetteville. Topics of discussion included:

• The constitutionality of waiving numerous school days
• Principal prep programs
• School culture
• School funding
• Flaws in the current principal pay plan, such as the disincentive for high performing principals to move to low-performing schools

NCSBA Legislative Agenda

The 2019-2020 NCSBA Legislative Agenda will be presented to the Delegate Assembly for approval on November 12 at the Annual Conference. For a preview of the Legislative Agenda, please click here. This is a link to a webinar recorded by Leanne Winner on October 23.

To read DPI’s FAQ sheet on calendar & compensation issues related to Hurricane Florence, click here.

To view a map of NC districts closed or releasing early today, click here. 

General Assembly’s 3^rd Extra Session – October 2
In a bi-partisan fashion, the General Assembly and Governor Cooper enacted two Hurricane Florence related bills into law:

1. SB 2 – School Calendar & Pay/Hurricane Florence
2. HB 4 – Hurricane Florence Emergency Response Act

• Public schools located in 28 counties designated as federally declared disaster areas (For the list of counties, click here) may:

(1) make up any number of instructional days or equivalent hours missed

(2) waive up to 20 instructional days or equivalent hours missed

(3) implement any combination of (1) & (2)

• Public schools not located in federally declared disaster areas must make up two days or the equivalent number of hours missed unless their scheduled calendar will already meet 185 instructional days or 1025 instructional hours. An LEA that missed more than two days of school may:

(1) make up any number of instructional days or equivalent hours missed

(2) waive any number of instructional days or equivalent hours missed

• The General Assembly appropriated $6.5 million from the Hurricane Florence Disaster Recovery Fund “to supplement or replace lost compensation of school lunch employees due to school closures.

The General Assembly will reconvene Monday, October 15 to continue working on the recovery from Hurricane Florence.

State Board of Education (SBE) Meeting – October 3

The SBE heard a presentation on FAST NC (Florence Aid to Students and Teachers) from former State Superintendents Ward and Atkinson. Donations to FAST NC will help North Carolina’s public-school students and educators impacted by Hurricane Florence. The North Carolina School Boards Association is one of 31 Partner Organizations in this effort.

Donations to FAST NC may be made online through the existing NC Education Fund at  www.ncpublicschools.org/fastnc/

Donations may also be made by checks made payable to the NC Education Fund and sent to:

NC Education Fund
State Board of Education
6336 Mail Service Center
Raleigh, NC 27699

Needs-Based Public-School Capital Fund
Superintendent Johnson announced the 2018 recipients of the Needs-Based Public-School Capital Fund grants for new construction.(see press release here) A total of $140.5 million went to ten Tier 1 counties and two Tier 2 counties. The amount awarded exceeds the $117.3 million appropriation for these lottery grants due to the transfer of $24 million from the Lottery Reserve fund balance.

House Select Committee on School Safety – 2 public hearings in September
Shelby meeting- DPI presented new information on the School Safety Grants Program:

• School Resource Officers – DPI received 131 applications requesting $19.7 million. The Department awarded $12 million to 124 applicants to fund 360 SROs.
• School Mental Health Support Personnel – DPI received 140 applications requesting $18.2 million. The Department awarded $10 million to fund 44 counselors, 80 social workers, 18 school nurses, and 15 school psychologists.
• School Safety Equipment – DPI received 80 applications requesting $6.14 million. The Department awarded $3 million in grants to 63 school districts.
• Training to Increase School Safety – DPI received 49 applications requesting $4.57 million. The Department awarded $3 million in 43 grants.
• Students in Crisis – DPI received 35 applications requesting $4.58 million. The Department awarded $2 million in 23 grants.

Boone meeting – Speakers included Watauga County School Board members Jay Fenwick, Jason Cornett, and Ron Henries, and Superintendent Scott Elliott. Superintendent Elliott requested additional flexibility to use funds in a way that makes sense to individual systems.

NCSBA LEGISLATIVE COMMITTEE SURVEY
The survey was emailed to all school board members on Tuesday, September 4, at approximately 2:25pm
from Leanne Winner. Completed surveys are due by 3pm, Monday, October 1, 2018. Survey responses
play a significant role in determining NCSBA’s top education legislative priorities for the next
two years. The committee approved the survey at its August 27 meeting.

STATE BOARD OF EDUCATION (SBE)
Innovative School District – Sept. 5
Dr. Eric Hall, Deputy State Superintendent of Innovation, presented the State Board of Education
with a list of six schools (from a list of 14 qualifying low- performing schools) under
consideration for transfer into the Innovative School District (ISD) for the 2019-20 school year:
1. Carver Heights Elementary – Wayne County Public Schools
2. Gaston Middle – Northampton County Schools
3. Hillcrest Elementary – Alamance Burlington Schools
4. Williford Elementary – Nash-Rocky Mount Schools
5. Fairview Elementary – Guilford County Schools
6. Hall-Woodward Elementary – Forsyth County Schools
Dr. Hall plans to present a final list of 2-4 schools at the October meeting. The Board is
scheduled to approve the selected ISD schools in November.

SBE Members – Sept. 6
This was the last meeting for Chairman Bill Cobey, Becky Taylor, and Greg Alcorn. All three members
chose to resign from the Board. Governor Cooper
will have the opportunity to fill the unexpired terms of these members.

Board Vice Chairman Eric Davis was elected Chairman and member Alan Duncan was elected Vice
Chairman. Mr. Davis is the former chair of the Charlotte Mecklenburg Board of Education and Mr.
Duncan is the former chair of the Guilford County Board of Education.

LEGISLATIVE COMMITTEES

House Select Committee on School Safety – Aug 30
The Committee met in Charlotte and heard from several local officials at its August 30 meeting in
Charlotte. Committee members also received an update from the Center for Safer Schools and a
presentation from three members of Generation Nation, a group that strives to develop young civic
leaders.

The next meeting is scheduled today, September 7, at 4pm in the Watauga High School auditorium in
Boone.

Child Fatality Task Force – Intentional Death Prevention Committee – Aug. 29 The Committee received
a report on the implementation of Raise the Age. The presentation included information on school
based complaints to the judicial system. Slide 5 of the presentation shows that the complaints from
schools have been slightly higher than 40 percent of the overall complaints
received. To view the full presentation, click here.
The Committee also discussed the legislation that was introduced during the biennium to require
school districts to provide employees training on suicide prevention. The Committee voted to
recommend to the full Child Fatality Task Force that they support the compromise legislation that
was presented by the State Superintendent which was based on a working coalition of which NCSBA was
part.

UPCOMING ELECTIONS
Tis the season for candidate forums with only 60 days until November 6. Below are a few suggested
questions to submit for events in your area that include legislative candidates:

Statewide School Construction Bond
1) A February 2018 High Point University poll shows 76% of North Carolina residents favor a
statewide bond referendum for public school construction and renovation. However, North Carolina
voters have not seen a bond referendum on a statewide ballot since 1996 – even though a 2016 DPI
report found the school construction backlog was more than
$8 billion dollars over the next five years. Would you support placing a school bond referendum on
the ballot to let the voters decide whether it’s a priority?

2) This year, General Assembly leaders have provided North Carolina voters an opportunity to amend
the State Constitution with six separate proposed constitutional amendments, yet state lawmakers
failed to even consider proposed legislation to allow North Carolinians to vote on a school bond
referendum. Do you believe the General Assembly should provide the public the opportunity to
determine whether a statewide school construction bond is a priority and a good use of their tax
dollars?

School Calendar Flexibility
1) The General Assembly revoked local control of school calendars in 2004. The current “one-size
fits all law” says traditional public schools can start no earlier than the Monday closest to
August 26. This makes it difficult to align the K-12 and community college systems, reduce summer
learning loss, schedule final exams before the Christmas break,

manage the state’s diverse weather, and it doesn’t account for the August 1 official start date for
fall sports. Do you believe local officials should have more control in setting the local school
calendar or should it be controlled by the General Assembly?

2) North Carolina’s public charter schools are authorized to set their own school calendar. Low
performing public schools have the ability to create their school calendars. Clearly, the General
Assembly believes local control over the school calendar is a tool that can improve student
achievement. Yet, a vast majority of North Carolina’s traditional public schools have zero calendar
flexibility. The schedule is determined by lawmakers in Raleigh. Would you vote to provide local
officials with at least some calendar flexibility or do you support the current calendar law?

Please contact us if you would like assistance with questions on other topics.

EXTRA SESSIONS
First Extra Session – July 24: The General Assembly returned to Raleigh to debate and approve a
bill to clarify the names of constitutional issues on the November ballot and to strip the party
designation on the ballot for judicial candidates that changed political parties 90 days before
filing for office.
Governor Cooper vetoed both bills – the vetoes were overridden.
Second Extra Session – August 24: Lawmakers returned to Raleigh again to rewrite the two vetoed
constitutional amendment bills that had been rejected by a Superior Court three-judge panel because
they did not fully inform voters of what they were voting on. The General Assembly decided not to
appeal the ruling that the law retroactively stripping party designations violated the
constitution.

SESSION ADJOURNS
Lawmakers adjourned the legislative session this afternoon and are returning to their home districts for the summer.  The adjournment resolution sets November 27, 2018, as the date they will return to Raleigh.  During this post-Thanksgiving session they will likely work on the constitutional amendments that are approved on November 6 and define them/write them up in the appropriate form.  They could also take up any of the remaining bills that are eligible this session, including bills that have been vetoed but have yet to receive override votes (such as HB 131 and HB 1055, see below).

NCSBA will be holding a legislative webinar July 2 at Noon that includes a review of the 2018 session.  Register here!

CONSTITUTIONAL AMENDMENT – SB75 LOWER THE TAX CAP
The Constitutional Amendment lowering the income tax cap, SB 75, was revised and passed this week  Instead of the cap being lowered to 5.5%, as the amendment originally proposed, the maximum rate under the amendment will be 7%.  The amendment will appear on the November 2018 ballot.

SB 75 with the max rate of 5.5% was originally on the House calendar for Tuesday and then Wednesday.  At the behest of House leadership, the amendment was pulled from the Wednesday calendar and sent back to the House Finance Committee, where the revision was made to increase the cap from 5.5% to 7%.  This cap will be less restrictive.  The amendment went back to the House floor Wednesday and narrowly received the necessary three-fifths support (73-45). Despite some concerns, Senators followed suit and approved the amendment on Thursday (34-13).

SB 75 was the topic of discussion on the latest episode of the NC Public School Forum’s Education Matters television program.  Richard Bostic, NCSBA Assistant Director of Governmental Relations, was a featured speaker on the panel.  You can watch the episode here.

You can read more coverage of the tax cap amendment here.

STATE BOARD OF EDUCATION NOMINEES
A House-Senate joint session was held Thursday to take action on Governor Cooper’s 3 nominees to the State Board of Education.  Two of the nominees were rejected: Ms. Sandra Byrd of Asheville (nominated to replace Wayne McDevitt representing the Western Region); and Mr. J.B. Buxton of Raleigh (nominated to take Trish Willoughby’s at-large seat).

Gov. Cooper’s 3^rd nominee was a re-appointment- Mr. Reginald Kenan (representing the Southeast Region).  Mr. Kenan is a member of the Duplin County local board of education and has been on the State Board for 9 years.  His re-appointment was approved.

With two nominees having been voted down, Gov. Cooper will now have to resume the process of searching for new nominees.  The terms of both Mr. McDevitt and Ms. Willougby expired in March 2017 but both of them have been continuing to serve through their expired terms while replacements are sought.  Mr. McDevitt and Ms. Willoughby are the longest serving members of the State Board, having both served for 16 years.

You can read more coverage here.

NOTABLE BILL ACTION THIS WEEK

Vetoed by the Governor 
Overridden by the General Assembly
Have Become Law

• HB374- Regulatory Reform Act of 2018 (S.L. 2018-114)
  • Section 26 repeals a section in a different bill that got rid of protections for public schools where road improvements are occurring.  The protection prevented cities from putting conditions on zoning or permit request approvals from schools to get around the requirement that they reimburse LEAs, charter schools, or private schools for road improvements around schools.  A budget technical corrections section repealed this protection.  Section 26 restores the original budget language.
  • Section 27(b) directs the SBE to put all its policies through rule-making; policies not put through rule-making expire May 30, 2019.  Section 27(a) directs the SBE to repeal a couple policies setting out its authority in relation to the State Superintendent.
• HB 382- DOI Omnibus – AB (S.L. 2018-120)
  • Part 6 amends the bail bonds law to relieve sureties of their financial obligations solely because a defendant is arrested in another jurisdiction at any point before final judgment of forfeiture (up to 150 days after the failure to appear).  The prior law allowed for relief of the financial obligation only when the defendant was arrested in another jurisdiction on the day they failed to appear.
  • This relief does not provide any incentive to sureties that will make defendants’ return to court more likely, nor does it represent an appropriate excuse for missing court in the first place.  The only purpose of this change is to reduce the financial burdens on sureties when they fail to uphold their end of the bail bond contract.  The changes fly in the face of well-settled court precedent and provide no benefit whatsoever to the State.

Vetoed by the Governor
Override Vote Has Yet to Occur

• HB 131
  • This is another bail bonds bill which the NC Council of School Attorneys, on whose behalf we lobby, had opposed.
  • It would further expand the situations where a surety is relieved of their financial obligations.
  • It has been sent to the House Rules Committee and could be taken up when lawmakers reconvene in November.  You can read the Governor’s veto message here.
• HB 1055
  • This makes changes to the Teachers’ and State Employees retirement system.  Gov. Cooper vetoed HB 1055 because he believed it unnecessarily takes away retirement options from teachers/state employees.  It has been sent to the House Rules Committee and could be taken up when lawmakers reconvene in November.  You can read the Governor’s veto message here.

Signed By Governor/Enacted Into Law

• HB1031- Local Ed. Funding Dispute Process (S.L. 2018-83)
  • Removes the option for local school boards to file lawsuits over current expense if mediation fails.  It would continue the mediation process but if the mediation is not successful instead of the board filing suit, an automatic funding formula would be triggered.
  • The formula is: Per-student local appropriations from the previous school year X 1+ the Employment Cost Index (ECI) for primary and secondary education X the ADM for the upcoming year.  If this formula is used 3 years in a row there would be an additional 3% added to the ECI.  It would not alter any existing local funding formulas.
  • Creates a working group to study a mechanism to resolve disputes related to capital outlay, which will include representatives from NCSBA and the Association of County Commissioners.
• HB611- Employment Contract Exception (S.L. 2018-26)
• HB670- Protect Educational Property  (S.L. 2018-72)
• HB986- Various Changes to Education Laws  (S.L. 2018-32)

Resolutions That Passed

• HB1102- Study Best Practice/Advanced Ed Opportunities
  • This resolution sets up a special House committee tasked with researching ways to help improve opportunities for high achieving economically disadvantaged students.

NCSBA Bill Tracking: click here.