NCSBA LEGISLATIVE UPDATE – NOVEMBER 8, 2024

November 8, 2024

The big election news this week out of the North Carolina General Assembly is that four races are within the 1% margin to call for a recount. As it currently stands, the unofficial tally shows Republicans in the Senate gaining one seat and Democrats in the House gaining one seat. During this current legislative biennium Republicans in both chambers have held supermajorities (veto proof majorities) with no seats to spare. Meaning, if the current unofficial election results stay as they are, Democrats will break the supermajority in the House by one seat. Representative Destin Hall (R-Caldwell), the frontrunner to be the next Speaker of the House was quoted by the media in response to the results, “Whether our final number is 72 (seats) or 71, I’m confident that we’re going to have a working supermajority for all intents and purposes.”

Here are the four races within 1%:

District 1st Place 2nd Place Vote Difference Total Votes Percent Difference
SENATE
(42) Mecklenburg Woodson Bradley (D) Stacie McGinn (R) 27 votes 123,117 votes .02%
(18) Wake/Granville Ashlee Bryan Adams (R) Terence Everitt (D) 38 votes 121,988 votes .03%
HOUSE
(32) Granville/Vance Bryan Cohn (D) Frank Sossamon (R) 182 votes 43,054 votes .38%
(105) Mecklenburg Tricia Ann Cotham (R) Nicole Sidman (D) 275 votes 53,911 votes .52%

 

In the race for State Superintendent of Public Instruction, Democrat Mo Green defeated Republican Michele Morrow by 51.09% to 48.91%. Click here to read more about his plans for NC’s public schools on EdNC. The results for the other Council of State races with seats on the State Board of Education are as follows:

Lt. Governor – Rachel Hunt (D) defeated Hal Weatherman (R)
State Treasurer – Brad Briner (R) defeated Wesley Harris (D)

The current legislature has more work to do with less than two months remaining in the 2023-24 legislative biennium. State legislators are scheduled back in Raleigh for up to four days beginning on Tuesday, November 19, to consider a third Hurricane Helene relief bill to address the needs in Western North Carolina. Speaker Tim Moore explicitly stated last month that the House plans to vote on overriding Governor Cooper’s veto on HB 10: Require ICE Cooperation & Budget Adjustments. That is the bill that makes private school vouchers available to every K-12 student in the state. To learn more about the evolution of private school vouchers and the lack of accountability in North Carolina, click here to read this article from WUNC. HB 10 also provides additional funding to growing school districts and charter schools.

The Department of Public Instruction (DPI) announced during this week’s State Board of Education meeting that the agency will continue to advocate for further Hurricane Helene relief, including a fluid figure of $150M for repairs and renovations, technology loss, and school nutrition supplies loss. DPI is also advocating for the legislature to fund summer learning programs to counteract learning loss as a result of missed school days. NCSBA will support DPI’s requests of the General Assembly.

 

The State Board of Education met for their monthly meeting to discuss, among other items, Hurricane Helene relief and SBE’s new temporary rule for student-athletes as a result of the recent NIL ruling. To view the full November agenda, click here. To learn about specific items that may impact or be of interest to local school boards, please read on.

APPROVED Federal Accountability Waiver – Hurricane Helene: DPI will submit a request to the US Department of Education on behalf of certain disaster-impacted PSUs to waive some of the federal requirements specified in the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA). These waiver requests extend to achievement scores associated with end-of-course (EOC) tests (NC Math 1, NC Math 3, English II, biology), as well as overall participation requirements. The request notes that the validity of the measures will be compromised as a result of reduced instructional time, and in waiving these requirements, schools will be able to focus on returning students to instruction without the pressure of performing well on EOCs used for accountability purposes. To view the waiver request, click here. To read the NCDPI press release, click here.

APPROVED (SBE Policy Amendment) Read to Achieve Program – Hurricane Helene: Considering the impacts of Hurricane Helene in Western North Carolina, any public school unit (PSU) located in a FEMA-designated major disaster area may offer mid-year promotion to students that have demonstrated reading proficiency on the Read to Achieve assessment by the extended deadline of January 15, 2025. This policy will only apply to the 2024-2025 school year. View the policy change here.

APPROVED (SBE Policy Amendment) Academic Credit for Work-Based Learning – Hurricane Helene: For the 2024-2025 school year only, DPI will allow students enrolled in a CTE work-based learning course to put county recovery and disaster relief service hours towards class credit. Click here to view the policy amendment.

APPROVED Contracts Over $500,000: Eileen Townsend, Chief of Insurance in the District Operations Division at NCDPI, gave an update on Hurricane Helene damage claims for those counties insured under the state property fund (not including those privately insured). Current structural damage costs for these covered districts are around $80 million, but estimates will continue to be assessed. She also provided an update on the two-year extension of the state contract for workers’ compensation claims management. Additionally, Alex Charles, Director in the Office of Federal Programs at NCDPI, requested over $800,000 for the 2025 Homeless Education Support contract to continue to serve students experiencing homelessness, of which there are over 30,000 in the state, through the 2024-25 school year.

APPROVED (SBE Policy Amendment) NC Public Schools Allotment Policy Manual – Hurricane Helene Relief: The Allotment Policy Manual was adjusted to reflect additional policy resulting from Hurricane Helene, as well as technical correction to the Teacher Assistant Reimbursement Program. Click here to view the changes.

APPROVED (SBE Policy Amendment) Policies, Laws, and Guidelines Governing School Attendance – Hurricane Helene Relief: Changes to the School Attendance and Student Accounting Manual reflect new legislation related to Hurricane Helene, and also include a paragraph that clarifies counting Pre-K students towards principal salary. Pre-K students enrolled in a Pre-K classroom at a public school with a “school number of 300 or greater” are shown on the Principal’s Monthly Report for calculating the principal’s salary. They are not added to the school’s ADM totals for funding purposes. Click here to view the full manual with changes.

DISCUSSION Superintendent’s Report: Superintendent Truitt rounded out the conversation on Hurricane Helene, noting that while the legislature has already provided $50 million for school repairs and renovations, DPI is still working and waiting to find out what funds will be covered by federal sources so that they can accurately request more from the state to fill the gaps. Additionally, Superintendent Truitt noted that statewide support from mental health professionals for impacted students and families has been extraordinary thus far and will continue.

Superintendent Truitt also covered a recent event at the Friday Institute, titled “Real Issues, Real Data,” on the problem of cellphone use in school. The event received bipartisan support and interest from Senators Jay Chaudhuri (D-Wake) and Jim Burgin (R-Harnett). The conversation surrounding cellphone regulation will continue before any statewide action is made, and while certain districts have begun their own efforts to curb cellphone use and distraction, the SBE has yet to decide what their role is.

APPROVED (Rules Update) Name, Image, and Likeness (NIL) – Proposed New Temporary Rule: Effective July 1, 2024, the SBE enacted temporary rules for interscholastic athletics for the 2024-2025 school year which prohibited public school student-athletes from entering any agreement for the commercial use of their Name, Image, and Likeness (NIL). On September 5, 2024, the SBE proposed a permanent rule that would allow NIL deals, subject to certain rules and restrictions, starting with the 2025-2026 school year. On October 14, 2024, Wake County Superior Court Judge Graham Shirley signed a written order prohibiting the SBE from enforcing the temporary rule that bans NIL agreements and making the proposed permanent rule effective until a new rule could be enacted. The North Carolina Administrative Procedure Act allows the SBE to adopt a temporary rule in response to this recent court order. Click here to learn more about the temporary rule the SBE adopted at the meeting this week. Click here to read this temporary rule. The timeline for the rulemaking process moving forward is currently as follows (changes may result from the public comment period):

      • SBE Proposes Temporary Rule: Nov. 7, 2024
      • Public Comment Period: Nov. 15 – Dec. 10, 2024
      • Public Hearing (Virtual): Dec. 6, 2024 @ 9 am
      • SBE Adopts Temporary Rule: Jan. 9, 2025
      • Temporary Rule Effective Date: Feb. 13, 2025

APPROVED (Report to the NC General Assembly) Low-Performing Districts and Schools, Improvement Planning, and Statewide Support: After much conversation, the report was approved (Vice Chair Alan Duncan was the only dissenting vote), contingent on adding “interim” to the title and noting that more information is forthcoming. The SBE will revisit this item during their working session in December to expand the report and potentially provide recommendations. See the report here and the presentation here. The conversation concluded by noting this is just one report and they will continue to have dialogue about what is needed and who should be involved.

APPROVED (Report to the NC General Assembly) Public School Unit Report – Parent’s Guide to Student Achievement: PSUs are legislatively required to report certain information regarding parent communication, policies, and rights to the SBE in order to address needs in the SBE “Parent’s Guide to Student Achievement” policy. See the full report here. Based on the data submitted by PSUs, the following results were shared:

      • 98.4% of all PSUs assert that they are in compliance with Article 7B of Chapter 115C.
        • 114/115 LEAs; 197/201 Other PSUs.
      • 98% of all PSUs had zero appeals.
        • 114 LEAs had zero appeals; 195 Other PSUs had zero appeals
      • 94% of all PSUs provided no statements to parents.
      • 98% of PSUs had no parental hearings.
      • 99% had no actions brought against the PSU.
      • More than 99% of all PSUs had no declaratory judgments entered against the PSU.

APPROVED (SBE Policy Amendment) Adjunct Instructors in NC Public Schools: Amends the policy related to eligible adjunct professors in NC public schools to extend beyond CTE courses to all core academic subjects, fine and performing arts, and foreign languages. Adjunct instructors (not in CTE) may not contract with local boards of education for exceptional children’s services unless licensed by the SBE and may only contract with local boards of education to teach subjects for which they are approved to teach at the employing institution of higher education (IHE). View the policy changes here.

DISCUSSION (SBE Policy Amendment) Identification of English Learners and Exit Criteria: Feedback from English language educators in North Carolina led to a review of the current exit criteria, as well as the entrance criteria and the process for screening students when they enroll in a new school. The changes include a new standardized and statewide process to identify multilingual learners (ML) and households, in place of the current individually-developed Home Language Survey (HLS) forms offered by each PSU. For all changes to the policy, click here. To view the full presentation, click here.

DISCUSSION Excellent Public Schools Act Beginning of Year (BOY) Data Update: The Office of Early Learning presented the Excellent Public Schools Act Beginning of Year (BOY) data from the NC Statewide Formative Diagnostic Reading Screener administered to all eligible NC K-3 students. Grade levels and cohorts are making progress alike, and the number of students designated as “reading retained” has continued to decrease. To view the full presentation, click here. To read the NCDPI press release, click here.

The State Board of Education will meet next from December 3-5 for a planning and work session.

 

WCPSS and NCSU Win Mental Health Grants: The US Department of Education has announced that the Wake County Public School System and North Carolina State University are among the recipients of new grants for school-based mental health services. The $70 million investment is part of an ongoing initiative under the Bipartisan Safer Communities Act (BSCA), targeted at increasing access to vital mental health resources for students. Through the School-Based Mental Health Services (SBMH) and Mental Health Service Professionals Demonstration (MHSP) grant programs, the Department aims to double the number of school-based mental health professionals, including counselors, social workers, and psychologists, while also supporting education, prevention, and early intervention efforts. This expansion is one of the largest through the BSCA to date, and it will support 333 grantees across 48 states. In hiring more professionals, the funds will also go toward other important initiatives:

  • Enhanced Training: Schools will be able to better prepare professionals in addressing the unique mental health needs of students.
  • Financial Support for Future Professionals: By covering some of the costs of training, the Department of Education hopes to eliminate financial barriers for people interested in these careers. This includes providing stipends for interns in high-need schools.
  • Diversity in Hiring: Recruiting individuals from diverse backgrounds to work in mental health will help students see professionals who understand their cultures and experiences.

Wake County’s portion of the SBMH grant totals just over $2.4 million to increase the number of credentialed school-based mental health service providers working in their schools. NCSU’s portion of the MHSP grant is $553,253 to train school-based mental health service providers for employment in schools and LEAs. For a press release on the grants and a full list of grantees, click here.

Representative Foxx Term-Limited as Education & Workforce Chair: Regardless of whether the Republican Party maintains control of Congress, one of North Carolina’s longest serving Members, Rep. Virginia Foxx (R-05), will be moving on from her position as Chair of the Committee of Education and the Workforce. The House Republican Caucus has a six-year term-limit for committee chairs, and Rep. Foxx was already granted a waiver extension at the start of the last Congress.

Click here to read more about these topics and others in the October 28th report.

 

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

State News
WUNC: Ten years of NC’s private school vouchers, and they’re only becoming less accountable
EdNC: Thanks to a whole lot of bathroom trailers and the sheer will of leaders, Mitchell County students are coming back to school
The Charlotte Observer: NC falls below national average for ACT scores in 2024. Is there actually a good reason?
EdNC: El Futuro is providing telehealth support to the Latinx community affected by the hurricane
NC Health News: Is NC Pre-K dying? Providers say low funding makes it hard to keep up.
EdNC: One month after Helene, students stage a play that the whole country should see
EdNC: Superintendent-elect Mo Green shares plans for North Carolina public schools following his win
Washington Post: In Helene-battered towns, many schools are still closed. What that means for recovery.
WRAL: ‘We can do better’: Wake school board leaning toward cellphone policy, but not before public input
EdNC: Together we rise: From the mountains to the coast, school districts join together to support our return to school

National News
K-12 Dive: USDA to eliminate school meal ‘junk fees’ for low-income families
K-12 Dive: How to navigate the rising cost of cyber insurance for schools
The 74: In the Rush to COVID Recovery, Did We Forget About Our Youngest Learners?
The 74: New Study: Many Older Students Struggle to Push Beyond Reading ‘Threshold’
K-12 Dive: From Zzzs to A’s: Classroom lessons focus on good sleep habits

 

The legislature is expected to return from November 19-22 (as permitted by SJR 916).

 

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

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

administratorNCSBA LEGISLATIVE UPDATE – NOVEMBER 8, 2024