NCSBA LEGISLATIVE UPDATE – SEPTEMBER 6, 2024

 

September 6, 2024

 

North Carolina’s state legislators are expected to reconvene in Raleigh come Monday. We learned late this week that expanding the Opportunity Scholarship program (i.e., private school vouchers) to every student in the state regardless of household income will likely be considered after a 20-page proposed bill was leaked. Reporter Michael Hyland of WNCN obtained a copy of the conference report and posted it here on X (formally Twitter). You can also click here to view a pdf version (uploaded by The Center Square).

The bill is titled “Requires ICE Cooperation & Budget Adjustments.” In addition to OS funding, the bill contains a high priority item that the NCSBA Governmental Relations team has been working diligently on.  As you may know, ADM is now funded in arrears, meaning instead of using projections, DPI will use last year’s ADM as a baseline for funding. The problem is that there is no mechanism currently in place to provide additional funding to growing districts. This bill fixes that by creating an ADM contingency reserve on the very bottom of page 4 through the top of page 5. The Opportunity Scholarship provision that provides the program with an additional $463 million in this school year can also be found on page 5. We will provide a rundown in next Friday’s Legislative Update of any education-related developments.

Though things are a bit hush-hush on Jones Street right now, schools across North Carolina are sounding off! The 2024-2025 school year is certainly underway, and we want to give a shout out to the two NC recipients of the 2024 Renew America’s Schools Prize and Grant: Rockingham and Hoke! Congratulations to these districts. Click here to read more on WUNC about the districts’ plans for their grants.

We also want to give a BIG thank you to those local board members who chose to fill out the 2024 NCSBA Legislative Survey! The Legislative Committee will now review the overall results and data trends to identify the top priority issues for the Draft 2025-26 NCSBA Legislative Agenda. The Governmental Relations Team will present the Draft Agenda at the Fall Law Conference, as well as provide a webinar ahead of the Annual Conference so that Delegates are not seeing the Draft Agenda for the first time minutes before it’s presented to the Delegate Assembly.

 

 

The SBE reviewed multiple items on their agenda this week with nil discussion, but there was plenty of discussion on NIL. Read on to learn more about the SBE’s timeline of establishing a permanent rule to allow for Name, Image, and Likeness deals for student athletes, 2023-2024 school performance results, and more. Please note that the summary presented below highlights specific items that may impact or be of interest to local school boards. To view the full September SBE agenda, click here.

Approved Items: (All items that were put to a vote passed)

NIL in Interscholastic Athletics: In line with the SBE rule making timeline, the Board voted to adopt the Proposed Permanent Rules on Interscholastic Athletics (16 NCAC 06E, Section .0200) and submit them for public notice, comment, and hearing (November 8) before the final proposed recommendation comes before the SBE in January 2025. Once approved, the rules are slated to take effect on July 1, 2025. Keep in mind that NIL practices are still currently prohibited under temporary rules, but the SBE is taking steps to allow for permitted NIL deals. The current proposal would require students to provide a copy of their deal to school personnel and it must fall within the guidelines of permitted activity. Local athletic directors will be expected to monitor their students with NIL deals, so members of the SBE expressed concern that additional support may be needed for school officials. Since the SBE discussed adding further requirements moving forward, it remains unclear where exactly this leaves local boards and their administrators. Click here for the presentation and here for the redline comparison showing changes to the temporary rules, including the new rule on NIL, 16 NCAC 06E .0211 (p. 18 of the document). You can also read more about the presentation and discussion here on NC Newsline.

Student and School Performance Results (23-24 School Year): NCDPI presented the 2023–24 School Performance Results (including student test scores and school grades) for approval, and while they passed the vote, State Superintendent Catherine Truitt, other members of the SBE, and educators around the state question if the right things are being measured. Data showed that students are scoring higher than last year across a large majority of grades and subjects, but test scores are still below pre-pandemic reporting. The number of low-performing schools decreased from 804 in 2022-23 to 736 and the number of low-performing districts decreased from 25 to 23, but Truitt explained that school performance grades are not necessarily accurate indicators of a school’s quality or a student’s success. Truitt specifically noted discrepancies in scores across math and reading for minority students and encouraged everyone to continue to advocate for updating school performance models. These challenges are not new and serve to repeat the decades-long cycle of low income students in low-performing schools. Chair Davis said the conversation needs to continue and will be added to the October agenda. Note that districts may request data corrections from September 4 to 13, 2024. Any corrections that result in a designation or identification change will be presented for approval at the October SBE meeting. Click here to view the full presentation and here for a statistical summary of the results. For further reading, view an EdNC article here and WRAL articles here and here.

Cohort Graduation Rates (23-24 School Year): The 2023–24 Cohort Graduation Rates were presented for approval to serve a federal requirement. While 86.9% of students graduated in Spring 2024, in line with rates over the past several years, the SBE highlighted the figure in contrast to lower percentages of students passing certain standardized exams in high school. Truitt questioned what this comparison says about who can graduate from an NC school and encouraged fellow board members to continue to advocate for improvements. View the report here.

Approval of School-Based Management Accountability Rules: The SBE approved four School-Based Management Accountability rules (16 NCAC 06G .0304, .0307, .0308, and .0317) governing district and regional support that are part of the decennial rules review and must be re-adopted by June 30, 2026. These rules address issues including due process for employees of low performing schools and the dispute resolution process for school improvement plans. Click the links to view the rules with changes: SIP Dispute Resolution Process (.0304), Due Process Protections for Employees of Low Performing Schools (.0308), and Local Board Cooperation (.0307). Click here to read the new statutorily required rule on School Reform Models (.0317).

Rules on Professional Educator Discipline: The SBE voted to advance proposed changes to the rules on professional educator discipline. One of the changes for administrators requires that when a PSU terminates the employment of an educator, does not renew the educator’s contract, or accepts the educator’s resignation for any reason that may require a report under this Rule (refer to the linked document), an administrator for the PSU shall notify the educator of the reporting requirement upon separation from employment. Ryan Collins, an attorney for the SBE, confirmed that the rule does not impact non-licensed employees, which he says is a local employment matter. See the presentation summarizing proposed rule changes here. For the rule, see here. 

ESSER III Budget Flexibility: The SBE authorized the NCDPI Financial and Business Services to manage Elementary & Secondary School Emergency Relief III (ESSER III) funds, of which North Carolina received approximately $3.6 billion. If the funds are not obligated by September 30, 2024, NC risks them reverting to the federal government.

Micro-Credential Standards: Last month, the SBE received information on micro-credentials, which are often confused with digital badges, and verify that an educator is proficient in a job-embedded discrete “skill” or “competency” via defined evaluation criteria. The SBE voted to adopt tools for assessing micro-credential quality to advance educator effectiveness. View the tools here and the presentation here.

Reports to the NC General Assembly:

  • Children with Disabilities – Educational Performance and Improvement Activities: View the presentation (here) and report (here) on the educational performance of children with disabilities and activities to improve outcomes.
  • Fifth Grade Career Awareness Program: Each local board of education is encouraged to implement a career awareness program for students in fifth grade to educate students on the CTE programs offered in the PSU. View the program report here. Note that local boards that adopt a career awareness program for fifth grade students are required to report on program activities and student outcomes from the prior school year to the SBE by October 1 of each year. The SBE must then submit a consolidated report on outcomes and any legislative recommendations to the General Assembly’s Joint Legislative Education Oversight Committee by November 15 of each year.

Discussion Items:

State Superintendent Catherine Truitt’s Report: Superintendent Truitt presented on multiple initiatives around the state, including the NC Practitioner Network and NC College Connect. The NC Practitioner Network seeks to bridge research and practice to address post-pandemic challenges for educators. To read more, click here (slides 2-7). NC College Connect is a new pilot program that launched this week. The program is intendent to provide a simpler application process for students with a weighted GPA of at least 2.8 to access higher education. All 58 NC Community Colleges and a number of universities are participating. DPI staff indicated that over 70,000 students will be eligible to “claim” their spot (or spots!) at the institution(s) of their choice. To read more, click here (slides 15-17) and check out this News & Observer article.

Educator Preparation Programs (EPPs): The SBE received presentations on two EPPs seeking approval: Want More? Do More! (WMDM) and iteach. View the WMDM application here and the iteach presentation here.

The next meeting of the SBE will be held on October 2 and 3.

 

 

The preproposal application for the innovATe project is NOW OPEN and you can access it here! The innovATe project will select 3-4 applicants to receive $180,000 over a three-year period to add or increase athletic training services in their communities. Please note, innovATe funds cannot be used to supplement athletic training services that are already in place. The preproposal application is a short form that’s used to determine your eligibility to receive innovATe funding before you complete the formal application. The preproposal applications are due October 31, 2024.


North Carolina Supreme Court Chief Justice Paul Newby is inviting our North Carolina Public Schools to join in celebrating Constitution Day on September 17 – the anniversary of the formation and signing of the U.S. Constitution. To view Constitution Day resources to help lead the celebration in your area, click here.

 

 

Education Funding Bill: The Senate Appropriations Committee passed the Education Appropriations bill on a 25-3 vote, with multiple Senators indicating it was a bipartisan effort. While the House Education bill contains significant cuts to funding, the Senate bill provides $80 billion in discretionary funding for the Department of Education, with increases for a variety of programs and efforts. With the Senate bill, Title I would see an increase of $280 million over FY 2024, IDEA state grant program funds would be increased by $295 million, and the English Language Acquisition program, which supports the country’s five million English learners, would receive a $5 million increase. The bill also includes $70 million for the Teacher Quality Partnership program and $15 million for the Hawkins Centers of Excellence to help educator preparation programs address educator scarcity. When Congress returns to Washington on September 9th, they are expected to continue to address spending for FY 2025 and may pass a temporary spending bill or “continuing resolution.”

Senate Committee Approves AI (Artificial Intelligence) Education Proposal: The Senate Commerce, Science and Transportation Committee met and discussed the bipartisan National Science Foundation AI Education Act. Chair Maria Cantwell (D-WA) said, “[the Act] will open doors to AI for students at all levels, and upskill our workforce to drive American tech innovation, entrepreneurship and progress in solving the toughest global challenges.” The bill would expand educational opportunities to study artificial intelligence with support from the National Science Foundation (NSF), who would work with educators to create guidance to bring AI skills and education to K-12 classrooms. Legislature broke for recess earlier than expected, so the Act has not been taken up any further. The House Committee will most likely consider a similar measure later this year.

Click here to read more about these topics and others in the report.

 

 

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

State News
EdNC: Ask & Answer | U.S. Supreme Court allows injunctions to stand in Title IX cases for now
WRAL: Back to school: NC ranks low on public school spending, but sent $180 million to private schools
EdNC: New report explores role of race and socioeconomics in achievement gaps
EdNC: School Boards and advocates urge legislature to invest in public schools
WRAL: There’s no money to replace most of NC students’ laptops. What are schools doing about it?
NC Governor Press Release: North Carolina School Boards Urge General Assembly to Prioritize Public School Funding and Teacher Pay
EdNC: Amid voucher expansion, new data on private schools allows first look at impact on marketshare
WUNC: Crayons, glue, headphones…and snacks for the whole class? NC school supply lists grow longer
WRAL: WRAL Investigates wide disparities in school funding across NC counties
News & Observer: NC teachers spend 4th most in US on supplies. Why $1,300 is coming out of their wallets
NC Governor Press Release: Governor Cooper Opens 2024-2025 RISE Award Competition
WFAE: Mooresville launches NC back-to-school season, claiming local control
EdNC: Cherokee Central School works to preserve language and culture
EdNC: Building momentum, trust, and achievement in Elizabeth City-Pasquotank Public Schools
WUNC: Guilford County Schools aims to attract homeschoolers to high schools
News & Observer: School board chair: ‘Thriving public schools are good for all of us’ in NC | Opinion
EdNC: Charlotte-Mecklenburg Schools asks General Assembly for at least 5% teacher raises
EdNC: Hertford County Public Schools starts the new year as a family
WHQR: NHC school board gets New Hanover High update, presentation on pornographic images on cell phones
The State Port Pilot: Policy bans cellphone use during school hours
WRAL: Durham school board approves controversial redistricting plan that aims for educational equity
EdNC: After legislative changes, here’s a look at North Carolina’s charter school application process
EdNC: State agencies break down the budget process, and what the lack of a state budget for this year means
EdNC: Red state? Blue state? An update on the race for superintendent as the school year begins
WFAE: Truitt reflects on reading, innovation and politics in her NC superintendent term
North State Journal: NC K-3 students excel in reading for 3rd straight year
WFAE: North Carolina grades its schools. But is it improving them?
NC Newsline: NC legislators continue to ignore teacher vacancy crisis
WRAL: AI use in schools: How districts are making sure it’s used as a study aid
WRAL: Top North Carolina high school quarterback sues over state’s NIL restrictions
EdNC: NC retrains 44,000 teachers on how to teach reading, ahead of 2024-25 school year
News & Observer: NC school health screenings plummeted in some local districts after Parents’ Bill of Rights
EdNC: LENS-NC showcases progress toward outcomes for students with learning differences
NC DPI Press Release: Eligibility for Free or Reduced Price Meals in the National School Lunch Program
WHQR: NC Center for Safer Schools says bullying is a top concern
WRAL: More than 240 local schools may contain PCBs, WRAL investigation finds
EdNC: Homeschooling in North Carolina, district by district

National News
New York Times: Why Schools Are Racing to Ban Student Phones
EducationWeek: School Attendance Suffers as Parent Attitudes Shift
K-12 Dive: Socioeconomic factors partially at play in racial achievement gaps
Education Next: Should the Wealthy Benefit from Private-School Choice Programs?
K-12 Dive: Moving from ‘pockets of excellence’ to ‘systems of excellence’ for students with disabilities
U.S. Department of Education: Book Bans Are Not Just Bad Policy; They Can Raise Civil Rights Issues
EducationWeek: Project 2025 and GOP Aim for Universal School Choice. What Would That Look Like?
CNN: All-black outfits, hoodies, Crocs, cell phones and mirrors. Some students are returning to school with new bans in effect
K-12 Dive: California law shuns ‘emotional disturbance’ term in special education
Business Insider: A former teacher who spent at least $4,000 on her students details what she bought and why educators ‘feel a lot of pressure to spend their own money’
Education Week: Why It’s So Hard to Kill the Education Department—and Why Some Keep Trying
K-12 Dive: Nearly 50% of special education directors say school-parent conflict is increasing
EducationWeek: How Much Does Special Education Truly Cost? Finally, an Answer Is on the Horizon
EducationWeek: Most Americans Oppose Book Restrictions, Trust Local Schools’ Judgment
K-12 Dive: Schools, colleges faced record-breaking year of ransomware attacks in 2023
Hechinger Report: America’s schools and colleges are operating under two totally different sets of rules for sex discrimination
New York Times: Why Are Free School Lunches Becoming a Campaign Issue?
K-12 Dive: Texas lawmaker says new curriculum’s Bible references are ‘preaching’ rather than teaching
The Hill: Teacher shortages improve, but not everywhere
EducationWeek: School Boards Are Struggling. Could a New Research Effort Help?
K-12 Dive: Dual language immersion programs associated with more reading growth for ELs
K-12 Dive: What does Universal Service Fund ruling mean for E-rate?
New York Times: How Extreme Heat Is Threatening Education Progress Worldwide

 

 

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

Silya Bennai
Advocacy Coordinator
NC School Boards Association
sbennai@ncsba.org
(919) 747-6688

administratorNCSBA LEGISLATIVE UPDATE – SEPTEMBER 6, 2024