Today marks the end of Week 2 of this biennium’s short session. The House’s chief budget writer, Representative Jason Saine (R-Lincoln), is hoping to keep the length of the session in line with its name, but the recent good news concerning the surplus could cause the session to run longer. Rep. Saine said, “we are fortunate that since we’ve had so much economic activity, we yet again have another surplus. It’s not as great if you are budget chair because we got to figure out where to invest those dollars.” While he hopes attention will turn to his ABC reform bill which stalled last session, others are looking to a different sort of ABCs. Public education has received much of the early attention so far this session, with a variety of K-12 bills being filed, read, discussed, moved, and passed. For example, funding for the highly debated Opportunity Scholarship bill, HB823 Eliminate School Choice Program Waitlists passed the Senate this week.

Read on to catch up on this week’s legislative happenings, including new and updated bills.

Keep in mind that, in addition to budgetary items and other bills that meet alternate eligibility requirements, any bill that completely passed either chamber during the long session is eligible to be considered in the short session. Click here to view a helpful chart of K-12 education crossover bills (i.e., bills from the 2023 long session) that are eligible for the short session.

Education Bills This Week

Bills Passed by the Senate:

HB823 Eliminate School Choice Program Waitlists (Presenter: Senator Michael Lee, R-New Hanover) passed the Senate on Thursday along party lines: 28-15.

This new bill, first introduced on May 1 in the Senate Appropriations/Base Budget Committee,  dramatically increases funding to the Opportunity Scholarship (voucher) program with an additional:

• $223.3 million  for the upcoming school year to reduce the program’s waitlist which resulted from last year’s legislation that eliminated income requirements to receive a private school voucher.
• $215.5 million recurring   for private school scholarships beginning in the 2025-26 school year.
• $24.7 million recurring to clear the waitlist for the Education Student Accounts program, which supports students with disabilities.
• By 2031-32 the projected amount allotted for private school vouchers will increase from $505.5 million/year to at least $800 million/year

While the majority party supported the Opportunity Scholarship “voucher” program, Democrats pushed back, encouraging members to instead put the money into public schools and avoid forcing taxpayers to pay for private school vouchers that may go to high-earning families. The Opportunity Scholarship program has been praised by supporters for allowing students to access the school of their “choice,” but discussion highlighted the fact that not every county has private schools.

In fact, according to the North Carolina State Education Assistance Authority (NCSEAA), 16 counties do not have a single eligible private school and 29 counties have only 1-2, so it seems not every student has the chance to make that “choice.” Additionally, two members of the public briefly spoke in opposition to the bill and urged lawmakers to invest in public schools instead. Note that HB823 was on the fast track – it was introduced in a Senate committee and sent to the House within 24 hours.  It will go back to the House for a concurrence vote before it can be sent to the Governor.

“Of all the important issues in North Carolina, the top priority for Republicans is funneling taxpayer money into private school vouchers for the wealthy instead of giving teachers a decent pay raise,” said Governor Cooper. “This is catastrophic for the hardworking educators who deserve higher pay and the families with children in public schools whose education is threatened by this reckless desire to give a government handout to millionaires.”

Bills Sent to Governor:

SB 508: 2023 Budget Tech/Other Corrections (Primary Sponsor: Senator Ralph Hise, R-Mitchell)
This 60-page bill is intended to make technical and clarifying changes to the budget and other bills passed during the long legislative session.
K-12 portions of the bill include:

SECTION 1.8 Stokes County /Needs Based Public School Capital Fund: Authorizes Stokes County Schools (SCPS) to submit an application for a needs-based capital grant without approval from the county board of commissioners. Authorizes SCPS to provide matching funds and to enter into any agreements with a grant award.

SECTION 2.4 Reinstate Reporting Requirement For Transportation Reserve Fund For Homeless and Foster Children: Requires DPI to reinstate the annual report to the General Assembly on the use of Transportation Reserve Funds for homeless and foster children.

SECTION 2.8A.(c,g,h) School Resource Officers In Nonpublic Schools: Establishes a definition for a school resource officer (SRO) which includes being assigned to one or more schools at least 20 hours/week for more than 12 weeks per calendar year. Also requires SROs to comply with required training requirements before a police chief or sheriff’s office can sign an agreement.

SECTION 2.8C.(a) Revise Career Development Plan Requirements: Modifies the original provision to not promoting a student from seventh grade to eighth grade until a career development plan is created.

SECTION 2.8D.(a) Clarify Eligibility For Certain 2021 Bonuses for Local Education Employees for Work During the Pandemic: Clarifies that contractors hired by LEAs are eligible for certain bonuses during the pandemic regardless of the funding source.

SECTION 2.8E.(a) Grant Boards of Schools for the Deaf and Blind Early Contract and Policy Authority: Sections 1-3 of S.L. 2023-10 (HB 11, Schools for the Deaf and Blind) go into effect May 1, 2024, instead of July 1, 2024

SECTION 2.8F. Changes Application Timeline for Plasma Games Grant Program: Requires DPI to make applications available June 1 annually instead of August 1. Applications must be submitted applications by December 1 annually instead of October 1.

SECTION 2.14.(a)Clarify Forgiveness Criteria for Teaching Fellows Program: Adds serving as a teacher in qualifying license area to the list of criteria.

SECTION 6.4.(c) State Insurance for Public Education: Rewritten to designate the State Fire Marshall with authority to operate the insurance system for public education property in place of the Insurance Commissioner.

Bills Filed this Week:

Statewide Bills:

• HB 934 Make State Employment Great Again (Primary Sponsors: Representative James Roberson, D-Wake; Representative Carolyn G. Logan, D-Mecklenburg; Representative Renée A. Price, D-Orange)
  • Provides a 2% cost-of-living adjustment for retirees of the Teachers’ and State Employees’ Retirement System (TSERS).

• HB 940 School-Based Mental Health Service Study (Primary Sponsor: Representative Lindsey Prather, D-Buncombe)
  • Requires DPI to study the impact of school-based mental health services on student outcomes and report them to the General Assembly by the 1^st day of 2025.
  • Appropriates $75,000 in nonrecurring funds for the study and resulting report.

• HB 945 Funds for Voices Together (Primary Sponsors: Representative Sarah Crawford, D-Wake; Representative Donna McDowell White, R-Johnston; Representative Zack Hawkins, D-Durham)
  • Appropriates recurring funds to the Department of Health and Human Services, Division of Child Development and Early Education for Voices Together, a nonprofit corporation, to address young children’s educational and emotional needs through music therapy.

• HB 946 Voices Together/Elementary Education (Primary Sponsors: Representative Sarah Crawford, D-Wake; Representative Donna McDowell White, R-Johnston; Representative Zack Hawkins, D-Durham)
  • Appropriates recurring funds to the Department of Public Instruction for Voices Together, a nonprofit corporation, to provide programming to elementary school students with delays or intellectual and developmental disabilities.
  • Available in NC school systems where Voices Together already provides programming at the high school level.

• HB 947 Voices Together/Middle School Education (Primary Sponsors: Representative Sarah Crawford, D-Wake; Representative Donna McDowell White, R-Johnston; Representative Zack Hawkins, D-Durham)
  • Appropriates funds to the Department of Public Instruction to provide programming through Voices Together, a nonprofit corporation, that is preparatory for Pre-Employment Transition Services for middle school students who have delays or intellectual and developmental disabilities.
  • Available in NC school systems where Voices Together already provides programming at the high school level.

• HB 941 Buncombe Schools Consolidation Study/Funds (Primary Sponsor: Representative Lindsey Prather, D-Buncombe)
  • Only applies to Buncombe County.
  • Reimburses Buncombe County for the study of merging Buncombe County Schools Administrative Unit and the City of Asheville School Administrative Unit.

• HB 960 Sound Basic Education for Every Child (Primary Sponsors: Representative Julie von Haefen, D-Wake; Representative Rosa U. Gill, D-Wake; Representative Cynthia Ball, D-Wake; Representative Lindsey Prather, D-Wake)
• This 48 page bill includes the following:
  • Approves resources and programs to establish a sound basic education for every child in North Carolina.
  • Establishes Office of Equity Affairs within the Department of Public Instruction.
  • Allows budget flexibility for local boards of education.
  • Establishes an assessment and accountability system for multiple measures of student performance and adjusts weighting between proficiency and growth.
  • Expands NC Pre-K Program.

• HB 962 Governor’s Budget (Primary Sponsors: Representative Donny Lambeth, R-Forsyth; Representative Dean Arp, R-Union; Representative Jason Saine, R-Lincoln)
• *Note: The Governor is constitutionally required to propose a budget bill. Refer to last week’s update for more information. The description below is non-comprehensive.*
  • 8.5% average raise and $1,500 retention bonus for teachers.
  • Restoring master’s pay for teachers.
  • 5% salary increase (previously slated for 3%) for all state employees and non-certified public school employees and up to a $1500 multi-installment retention bonus for most state employees.
  • $44.6 million to fund additional school health personnel (counselors, nurses, social workers, and psychologists) to support student mental and physical health.
  • $217 million for crucial support programs for disadvantaged students, children with disabilities, and students with limited English proficiency.

• SB 785 Zero-Based Budgeting (Primary Sponsor: Senator Jim Burgin, R-Harnett)
  • Requires the Department of Public Instruction to submit zero-based budget plans every eight years, starting in 2026.

• HB 991 Alternative Licensure Path/CTE High School (Primary Sponsor: Representative Jake Johnson, R-Polk)
  • Appropriates funds to study the licensure requirements for career and technical education (CTE) high school teachers.
  • Requires DPI (in collaboration with the State Board of Community Colleges) to provide the General Assembly a report of any recommendations on an alternative or modified path to licensure.

• HB 990 Mental Health Triage Unit Pilot for LSAUs (Primary Sponsors: Representative Terry M. Brown Jr., D-Mecklenburg; Representative Lindsey Prather, D-Buncombe; Representative Cynthia Ball, D-Wake; Representative Vernetta Alston, D-Durham)
  • Establishes a mental health pilot program to fund at least one mental health triage unit (containing at least one nurse, one social worker, and one licensed mental health counselor) in each participating local school administrative unit.
  • Appropriates funds for this purpose.

• HB 981 Funds for Certain Preschool-Aged Youth (Primary Sponsor: Representative Amos L. Quick III, D-Guilford)
  •  Appropriates funds to establish grants for preschool-aged children with developmental disabilities.

• HB 985 Funds for Various Projects in District 119 (Primary Sponsors: Representative Mile Clampitt, R-Swain; Representative Caleb Rudow, D-Buncombe)
  • Appropriates funds to the Town of Bryson City for water and wastewater systems associated with the proposed new Swain County Middle School.
  • Appropriates funds to Swain County for replacement of sewer lines serving Swain County High School.
  • Increases small county funding allotment for counties with an ADM between 1,701-2,000
  • Removes the local minimum effort requirement for supplemental funding in low-wealth counties
  • Appropriates funds to Smoky Mountain High School.
  • Appropriates funds to Transylvania County Public Schools.

• HB 987 FAFSA Completion as a Graduation Requirement (Primary Sponsor: Representative Zack Hawkins, D-Durham)
  • Makes completion of the Free Application for Federal Student Aid (FAFSA) a graduation requirement for high school seniors, unless an approved waiver is submitted, or a student’s principal waives the requirement due to extenuating circumstances.

Local Bills:

• SB 784 Currituck County/Eminent Domain (Primary Sponsor: Senator Bobby Hanig, R-Currituck)
  • Adds Currituck County to the list of counties whose boards of education may exercise the power of eminent domain for purposes authorized by Chapter 115C of the General Statutes.