NCSBA Legislative Update

MARCH 8, 2024

There are a few staples of life in North Carolina; college basketball, barbecue, and the 30-year legal fight over the Leandro decision. In the latest round on February 22, the NC Supreme Court once again heard arguments in the case, despite ruling on it in November of 2022. Republican legislative leaders brought the case back up to have the Court rule whether Superior Court Judge James Ammons, the latest to oversee the litigation originating almost 30 years ago, had authority last spring to enter an order declaring the state owed $678 million to fulfill years two and three of an eight-year comprehensive remedial plan.

At issue is whether the trial court has the authority to order a statewide remedy when the original claims were only brought forth by a handful of counties (Cumberland, Halifax, Hoke, Robeson, Vance). It’s unclear when the justices will issue a ruling on this matter. It’s worth noting that there are several other claims involving Leandro that also remain unresolved.

The NCSBA 2023-24 legislative agenda specifically called upon the NC General Assembly to fund years four and five of the plan without supplementing other education funding. To read the 2023-24 NCSBA issue brief on Leandro click here.

Primary Elections

On Tuesday, March 5, primary elections were held in North Carolina for offices from school board all the way up to President of the United States. The primaries for State Superintendent of Public Instruction are of particular concern to school board members.

In the Republican primary, incumbent State Superintendent Catherine Truitt was upset by Michele Morrow of Wake County. In the general election this fall, Morrow will face the winner of the Democratic primary, Mo Green, a former Superintendent of Guilford County Schools.

WUNC: Republican Primary: Michele Morrow defeats incumbent State Superintendent Catherine Truitt

Legislative Committee Meetings

The House Select Committee on Education Reform convened on February 12 and February 26. The topics discussed in the two meetings are outlined below.

Funding Cliff

DPI Deputy Superintendent Dr. Michael Maher presented on the “funding cliff’ that school systems will face as monies provided by the federal government to help with Covid-19 relief expire. “Those monies are not long-term monies,” Dr. Maher told the Committee. “Now, we’re going into post-COVID and money is running out.”

To help districts combat growing concerns, DPI has produced an Elementary and Secondary School Emergency Relief Fund (ESSR) Funding Cliff Toolkit that will assist education leaders in using data on budgets and student outcomes to help determine the best return on investment of available funds going forward. To view Dr. Maher’s presentation, click here. NCSBA Government Relations staff was interviewed on the topic by WNCN-TV.

School Performance Grades

Superintendent Truitt presented a new public school accountability system to the Committee. Criticizing the current A-to-F grading system as insufficient, Truitt emphasized the need for a more comprehensive assessment beyond mere test scores. She highlighted the fact that North Carolina schools have comparable or better outcomes to states like Arizona, Florida, Mississippi, Louisiana, and Texas on the National Assessment of Education Progress, yet the current evaluation system deems many of these same schools as underperforming their peers in these same states.

The proposed model introduced by Truitt provides schools with four stand-alone grades that are not combined into a single letter.

Academics Grade: This grade reflects student proficiency – their performance on state exams which currently comprises 80% of the grading criteria.
Progress Grade: Representing student growth, this grade considers improvements over time, with a focus on supporting struggling students or maintaining advancement among already high-achieving ones, which currently comprises 20% of the grading criteria.
Readiness Grade: Assessing preparedness for post-secondary success, this grade entails different criteria based on school level. It includes initiatives like career exploration in elementary schools, high school planning in middle schools, and measures like graduation rates and post-graduation pursuits in high schools, necessitating the establishment of new data tracking systems.
Opportunity Grade: Reflecting factors beyond academics, this grade considers aspects such as chronic absenteeism, teacher survey results, and the availability of extracurricular activities. It aims to provide a holistic view of a school’s environment and opportunities for student engagement, requiring the compilation of additional data sets.

During the upcoming short session, Truitt will ask the General Assembly to approve a pilot program to start this fall:

2024-25 School Year: Pilot the new model to districts and charters who opt in
2025-26 School Year: Roll out the pilot statewide to run concurrently with the old system
2026-27 School Year: Full conversion to new accountability model for all districts and charters

To see the full presentation, click here. To read coverage of the proposed school evaluation revamp from WFAE, click here.

The Committee also received a refresher presentation from DPI on how charter schools are funded, and a report from Asheboro City Schools Superintendent Dr. Aaron Woody on their district’s efforts to empower students and families.

Math Education Reform

DPI Superintendent Catherine Truitt and Dr. Maher presented the department’s plan to reform math education in North Carolina. They stated comprehensive reform is necessary because math scores have remained constant for the last decade. The goal is to improve proficiency scores by better preparing students for Math 1 coursework, typically offered in eighth or ninth grade. The slide below outlines DPI’s proposal.

According to the plan presented, all K-8 students would be required to receive at least 60 minutes of math at their grade level each day. Any remedial work needed would have to be on top of the 60 minutes of grade-level math instruction. The plan includes more intervention for students outside of their regular math class. Parents would also be kept in the loop more often on their children’s progress in math. Teachers and teaching coaches would receive more training in the teaching of math, similar to they have been offered in the teaching of reading. To view the full presentation, click here.

The House Select Committee On Education Reform is scheduled to meet again on Monday, March 11. An agenda has not yet been posted.

The Joint Legislative Education Oversight Committee met for the first time during the interim on February 27. The NCGA Fiscal Research Division kicked things off with an informative presentation on how the state funds teacher bonuses and supplements.

Next up was Dr. Jonathan Plucker, Associate Dean at the John Hopkins School of Education, presenting on North Carolina’s automatic student enrollment for advanced courses. Dr. Plucker praised legislators for North Carolina’s model because student placement in advanced courses can be arbitrary and biased, acutely affecting low income and minority students.

Deputy Superintendent Michael Maher presented the chart below as evidence that North Carolina’s approach to advanced placement is working.

To see the full presentation click here.

UPCOMING WEBINAR ON LEGISLATIVE SHORT SESSION

NCSBA Governmental Relations Staff will host a live webinar on Wednesday, March 20 at 1pm to discuss expectations for the upcoming short session of the NC General Assembly which starts Thursday, April 24. To register for the webinar, click here.

myFutureNC, a statewide nonprofit focused on educational attainment convened a series of eight simultaneous meetings across the state on February 14 to provide an update and discuss ideas of how to ensure that by 2030, 2 million North Carolinians between the ages of 25 and 44 hold either an industry-valued credential or a postsecondary degree.

As you can see from the chart below, the state is currently behind the projected pace needed to meet myFutureNC’s goal.

To read the full report by myFutureNC, click here. Click here for WRAL’s coverage of the report.

State Board of Education Meeting March 2024

Governor Roy Cooper made an unscheduled visit to this week’s State Board of Education (“Board”) meeting to discuss the state of education in North Carolina. Cooper encouraged the Board to talk to legislators about the good things happening in education in North Carolina.

Topics Discussed by SBE

Artificial Intelligence (AI) Guidance: The Board heard about the guidance issued to districts in January on AI Implementation in PK-13 Public Schools. DPI’s guidance is aligned with the state digital learning plan and has been recognized by the Department of Education. DPI staff told the Board that now is the time for district leaders to learn about and understand AI, to develop implementation policies, and make sure staff is well trained with constant assessing and progressing. A presenter said no one is digitally literate until they become AI literate. “Teachers must think about how to use AI in the classroom.” See presentation here and Guidance here.

Parental Leave Rule: The presenter reviewed the proposed permanent rule (16 NCAC 06C.0408) changes from the previously approved temporary rule and provided a timeline. The rule is required to be “substantially equivalent” to changes adopted by the State Human Resources Commission (SHRC) for state employees including (1) address use of 8 weeks of leave for birthing parents (2) add a requirement for employees taking FMLA leave to exhaust available paid parental leave before using other types of leave, (3) limit the length of parental leave for the birthing parent placing a child up for adoption or into foster care (4 weeks from time of birth), and (4) establish rules for the length of leave following miscarriages and still births that are tied to the time of death of the fetus or child. The Board must adopt a permanent rule by July 23, 2024. These changes will be back for approval next month. See presentation here and rule with changes shown in red here.

Standards Revisions: The survey on draft 2 of K-12 Arts standards closes March 31. The Board was updated on K-12 dance, music, theatre arts, and visual arts. Reports for K-12 Healthful Living Standards and K-12 World Languages Standards are in progress and will be presented to the Board at a future meeting. See update Standards Revisions presentation here.

Innovative Practices to Support Educators: The Board heard about innovative approaches to recruit and retain teachers throughout the state. Examples include:

Grow your own through a Scholar Teacher Program which includes a repayable loan through service in the district.
Grow your own through NC Teacher Cadet.
Affordable Housing Opportunities.

See here for more information on funding, implementation, and results.

Educator Preparation Program Performance: The Board received the annual report on program performance. DPI reports that overall, 55 EPPs enrolled 15,865 candidates pursuing initial teaching licenses in 2022-23, reflecting a 10% decline from the previous year, but a 43% increase in enrollment over a 10-year period. There were 5,020 new enrollments for 2022-23 which is down 11% from the previous year. Performance reports are here and the presentation is here.

North Carolina Governor’s School Update: The North Carolina Governor’s School is a four-week summer residential program for gifted and talented high school students on the campuses of Meredith College and Greensboro College. An amendment to SBE policy (ACIG-001) proposed to clarify leadership structure and provide other tools to support the program. See policy proposal here, presentation here, and informative video here.

Items Approved by SBE
Funding in Arrears: The Board approved the proposal to respond to Section 7.20 of S.L.2023-134 which requires DPI to develop a model funding public school units based on the actual ADM from the prior school year instead of on projections for the upcoming school year. DPI’s CFO, Alexis Schauss, says that realized growth in an LEA will be funded in the current year from a contingency fund. See technical adjustment information here and report to the General Assembly here. For a detailed explanation see Schauss’ presentation here.

Weighted Funding for Exceptional Children: The Board approved a model that proposes to eliminate the 13% cap and modifies the funding structure from a flat rate for every child to one based on weighted factors, service levels, and costs. See presentation here and updated report to the General Assembly here.

Final Temporary Rules For Educator Standards of Professional Conduct: The Board approved changes to the approved final temporary rules that include amendments to 2 existing rules, repeal of 5 existing rules, and adoption of 6 new rules. These include (1) a “child” is now defined as a person under the age of 16, (2) a “student” is defined to include Pre-K, (3) prohibit intentional exposure of students to profane, vulgar, or sexually explicit material except as part of age-appropriate classroom instruction, (4) clarify that solicitation or encouragement of a romantic or sexual relationship is prohibited in any form (written, verbal, or physical), (5) revocation or suspension of an educator license or other occupational license in NC or another state can be grounds for disciplinary action against a license, and (6) reporting requirements include convictions and charges for certain crimes, conduct involving physical or sexual abuse of a child or student. See rules here and presentation here.

Temporary Rules Interscholastic Athletics: The Board approved changes to the temporary rules (16 NCAC 06E .0200) that (1) add definitions, (2) specify that PSUs are responsible for implementing rules at the middle and junior high school level subject to general oversight by the superintendent, (3) change attendance rules to require attendance during at least 85 percent of total instructional days in the prior semester (permits ~ 13 absences, consistent with old NCHSAA rule and NCSBA policy), (4) clarify that “on track” to advance to next grade level or graduate means “making sufficient progress toward meeting the academic and curricular requirements of the PSU and SBE,” (5) specify who is prohibited from exercising undue influence on young athletes, and (6) clarify the appeals process while giving the Superintendent authority to stay a decision of the administering organization pending review by the appeals board. For the presentation summarizing changes see here. See rules with changes shown here.

ESSER III Funding Distribution: The Board approved requests to use more than $5.5 million in unobligated funds. The Board also approved a budget adjustment to reallocate $1,163,446 from PRC 189 Supplemental Academic Enrichment Program to PRC 201 Educational and Competitive After-School Robotics Grant Program because the Robotics program received more funding requests than the $1,600,00 appropriated by the General Assembly in S.L. 2021-180 Section 7.27(a)(31). See requests and funding distribution here.

Policy Amendment For Use of State-Designated Assessment for NC Teacher Evaluation Process: The Board amended policy (TEST-016) as discussed last month to allow use of State-Designated Assessments for the NC Teacher Evaluation Process to accommodate the implementation of credential/certification exams and performance based measurements. See presentation here and policy here.

CTE Grant Expansion Program Recommendations: The Board approved grants to expand CTE programs to sixth and seventh grades in several LEAs and Charters. For a list of grant funding recipients see here. Authorizing legislation which limits the uses of funding is here.

Report On Education and Workforce Innovation Commission (EWIC): The Board approved the report. The EWIC oversees the Education and Workforce Innovation Fund grant and the CTE sixth and seventh grade expansion grant. See report to General Assembly here.

Invitation to Submit Instructional Materials for Adoption K-12 Science: The Board approved an invitation for bid to support the recently adopted science standards and initiate the annual evaluation and adoption of materials/textbooks for K-12 Science. See presentation here and invitation here.

Report On Principal Recruitment Supplement: The Board approved the report. See report here.

Consolidated Data Report: The Board approved the report with no substantial changes from last month. See report here and presentation from last month’s meeting here.

Educator Preparation Programs (EPPS): The Board approved programs in elementary education for Cape Fear Community College, James Sprunt Community College, Sandhills Community College, South Piedmont Community College, Guilford Tech Community College, and Rowan-Cabarrus Community College.

Report on Career and College Promise and Cooperative Innovative High School Programs: The Board approved the exact same report it reviewed last month. See report here.

Extended Learning and Integrated Student Supports (ELISS) Funding Grants: The Board recommended 15 applicants receive these grants for at-risk students. Eligibility requirements prevent stand-alone PSUs from applying. Only non-profit corporations or non-profit corporations working with a PSU are eligible. For more information see presentation here and recipients here.

Plasma Games Grant Award: S.L. 2023-134 provides $3,00,000 in funding for public school units (PSUs) to access innovative digital and personalized learning solutions for STEM students. DPI staff is reviewing the 20 applications submitted. Funds must be dispensed by March 15.

ESSA State Plan Amendment: The Board approved an amendment effective for the 2023–24 school year to provide for a continuity of resources to schools. See presentation here, redline of plan amendment here, and full plan amendment for submission here.

Report On Cursive and Multiplication Tables: The Board approved the report seen here. This annual report lists the compliance of each local school administrative unit.

Allotment Policy Amendment: The Board approved several modifications to policy (A LOT-003) including a change to extend the deadline from January 31 to March 31, 2024, for licenses for digital learning. All changes are shown here.

State Board Member Wendell Hall and Local Board Advisor Mike Williams

February 5, 2024 Headlines From the Weekly Report Include:
Congressional Hearing On K-12 Oversight: The House Oversight and Accountability Health Care and Financial Services Subcommittee held a hearing addressing the challenges affecting the country’s K-12 public education system, including declining academic achievement and rises in chronic absenteeism. The hearing featured witnesses from various organizations, including the Education Freedom Center at the Independent Women’s Forum, the American Enterprise Institute, and The Education Trust.

Members in both parties agreed that targeted tutoring and increased learning time could be effective learning recovery strategies, but questioned whether COVID relief funds were spent effectively. The hearing also touched on issues such as school choice, diversity, equity and inclusion (DEI), social emotional learning (SEL) initiatives, book bans, and gun violence. The hearing highlighted the different perspectives on the root causes of the challenges in K-12 education and how to address them. For a summary of this hearing produced by COSSBA’s affiliate public affairs firm, click here.

February 12, 2024 Headlines From the Weekly Report Include:
GAO Report On School Improvement Activities: Title 1 CSI (comprehensive support and improvement) schools are found to be among the lowest performing in the nation, serving predominantly minority and low-income students who struggle with reading and math proficiency. They also have higher student-teacher ratios compared to other schools.

A review by the Government Accountability Office (GAO) found that less than half of CSI school improvement plans adequately addressed the required elements, including being based on a needs assessment, identifying resource inequities, and incorporating evidence-based interventions. GAO also noted wide variation among the plans, with some focusing on student-specific inequities like poverty or homelessness, while others addressed resource distribution within the district or school.

The Department of Education monitors state compliance with Elementary and Secondary Education Act requirements for school improvement but relies on states and districts to select CSI plans for review, potentially limiting its ability to identify and address compliance issues effectively. GAO suggests that the Department of Education independently select these plans to better ensure compliance and address risks in its monitoring strategy. To view the report, click here.

February 20, 2024 Headlines From the Weekly Report Include:
USDA Issues New Income Guidelines for Free/Reduced School Meals: The Department of Agriculture’s income eligibility notice is an annual adjustment to the guidelines used to determine eligibility for free and reduced-price meals, free milk, and Summer Electronic Benefit Transfer benefits for the period from July 1, 2024, through June 30, 2025. These guidelines are used by schools, institutions, and facilities participating in various federal programs, such as the National School Lunch Program, School Breakfast Program, Special Milk Program for Children, Child and Adult Care Food Program, and Summer Food Service Program. The purpose of these guidelines is to direct benefits to children who are most in need, and they are revised annually to account for changes in the Consumer Price Index. For more information, click here.

February 26, 2024 Headlines From the Weekly Report Include:
Department of Education Releases New Resources for Students with Disabilities: The four new resources provide information for students, parents, and schools addressing the civil rights of students with disabilities. They also address common medical conditions that can be disabilities for purposes of Section 504 of the Rehabilitation Act of 1973, such as asthma, diabetes, food allergies, and gastroesophageal reflux disease. The resources explain when these medical conditions trigger protections under Section 504, what modifications educational institutions may need to make to avoid discrimination, and how to remedy past discrimination. Finally, the added resources aim to inform students with disabilities, their families, and schools about their legal rights and provide guidance on ensuring equal access to education. For more information, click here.

March 4, 2024 Headlines From the Weekly Report Include:
Once again, Congress has managed to avert an appropriations crisis of its own making. Last week, the House and Senate passed another continuing resolution (CR) that avoids shutting down any federal agencies while lawmakers continue to work on Fiscal Year (FY) 2024 spending bills. Speaker of the House Mike Johnson (R-LA) shared details of the agreement that gives lawmakers until March 8 to pass a package of six spending bills—bills that were released late Sunday night and include the subcommittees of the Agriculture-Food & Drug Administration, Commerce-Justice and Science, Energy and Water Development, Interior, Military Construction-Veterans Affairs, and Transportation-Housing and Urban Development. The other six bills, including the Labor, Health and Human Services and Education spending bill, must be finished by March 22 to avoid any agency closures. Both chambers overwhelmingly passed the latest two-part stopgap funding patch on Thursday. The Senate passed the measure 77-13, after the House did so via a 320-99 vote.

State News

Carolina Journal: State’s Highest Court Wrestles Again With Leandro Education Funding Issues
News & Observer: Will NC Supreme Court Overturn Ruling That Orders Transfer of Money To Public Schools?
WRAL: NC High Court Weighs Who Should Benefit From $677.8 Million Education Improvement Plan
WFAE: Five Tries and 30 Years – NC Supreme Court Takes Up Leandro Funding Case Again
WFAE: Big Money Rides On How North Carolina Tracks Enrollment
News & Observer: Is It Time For NC To Approve ‘Sweeping Reform’ For How Math Is Taught In Schools?
North State Journal: Superintendent: Legislature Needs To Act On Math Achievement
WRAL: North Carolina Needs To Overhaul Math Instruction, Superintendent Tells Lawmakers
Carolina Journal: School Finance in North Carolina: It’s Time To Take the Next Step
Public School Forum: Local School Finance Study
K-12 Dive: Foxx Will Not Seek Another Term As House Education Committee Chair
News & Observer: Wake Schools To Sue Social Media Companies For Addicting Young People
Governor’s Office Press Release: Governor Cooper Announces Grants To Public Schools To Expand School Breakfast
Education NC: A Look At North Carolina’s State Bonuses and Supplements for Teachers
Education NC: DPI Wants School Grades To Better Reflect School Performance In New Model Presented to Lawmakers
WFAE: Thoughts On a Better Way to Rate NC Schools
Education NC: Honoring 60 North Carolina Black Educators For Contributions to Students
The Center Square: Education Leaders Preparing For End of Federal Pandemic Assistance
Education NC: A 10-Year Look At School District Fund Balances
Education NC: Applications For Opportunity Scholarships Are In. What Are the Numbers?

National News

New York Times: Teachers Are Missing More School and There Are Too Few Substitutes
Washington Post: Teachers Are Limiting Lessons On Political, Social Issues Report Finds
K-12 Dive: Black History Month Teaching Strategies Change Amid Curriculum Restrictions
K-12 Dive: States With Universal School Meal Policies See Higher Participation Rates
K-12 Dive: Ed Dept – Common Medical Conditions Have Disability Protections
Education Week: Absenteeism Was A Big Problem In This District. A New Strategy Is Getting Results
The 74 Million: School Boards Face Their Most Difficult Budget Season Ever. Many Are Unprepared

Both the House and Senate are tentatively to be back in Raleigh for session on Wednesday, March 13^th in case one is needed. The NCSBA Governmental Relations staff doesn’t anticipate any activity.

Committee Meetings

House Select Committee On Education Reform
Monday, March 11, 1pm
643 Legislative Office Building
An agenda has not yet been released. Click here to stream.

Please join NCSBA in sending best wishes to our Assistant Director of Governmental Relations Madison Skeens-Hall, who is moving on to pursue other opportunities. Her last day was February 29. Best of luck Madison!

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

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