NCSBA Legislative Update – March 17, 2023

 

On Wednesday, Governor Roy Cooper released his recommended 2023-25 State budget, and on Thursday, his recommended budget was presented in a joint meeting of the House and Senate appropriation committees. The Governor’s budget takes into account the projected revenue surplus presented in the 2023 State Revenue Forecast last month, by investing $32.9 billion in the 2023-24 fiscal year and $34.2 billion in the 2024-25 fiscal year. These numbers are higher than the spending agreement reached by House Speaker Tim Moore and Senate Leader Phil Berger last week, which is $29.7 billion for 2023-24 and $30.8 billion for 2024-25.

The Governor’s budget appropriates $13.4 billion and $14.3 billion for public education, respectively, in each year of the biennium. Education highlights of the Governor’s proposed budget include:

  • Fully funds years two through five of the Leandro Comprehensive Remedial Plan
  • $1.8 billion to recruit and retain high-quality educators and school-based administrators
    • Provides minimum teacher and principal raises of 10% and 6% respectively in each year of the biennium
    • Provides a one-time $1,500 bonus to teachers earning less than $75,000 and a one-time $1,000 to those earning $75,000 and above
    • Sets starting teacher salaries to at least $46,000 in the second year of the biennium
    • Increases the number of steps for teachers with more than 15 years of experience (see page 11)
    • Restores master’s pay
    • With these changes to teacher pay, NC would rank:
      • Second in the Southeast for starting teacher pay (currently 11th)
      • First in the Southeast for average teacher pay (currently third)
      • 16th in the nation for starting teacher pay and average teacher pay (currently 46th and 32nd, respectively)
    • Provides central office and noncertified employees raises of 6.5% and 3% respectively in each year of the biennium (this includes bus drivers)
    • Over $500 million for school social workers, psychologists, nurses, and counselors
      • Funds 1,000 new school nurses and school social workers
      • Builds a pipeline of 115 school psychologist interns

The Governor’s proposed budget also increases funding for school safety grants, K-12 literacy, K-3 teacher assistants, school construction, and school meals. Click here for the full recommended budget and click here for an article on the recommended budget.

 

NCSBA’s Governmental Relations team continued to meet with legislators this week to address the threat that HB 219: Charter School Omnibus poses to local school district funding. We have created another fact sheet that includes talking points and background information to assist you as you speak with your House members. This will be one of the key topics discussed at NCSBA’s Spring Law Conference next Thursday and Friday. Chris Campbell, Partner at Campbell Shatley, and Heidi Kerns, Finance Officer for Rutherford County Schools, will present the history of the issue and what you need to know about HB 219. You can see the conference agenda and register for the conference by clicking here.

Additionally, this week six local school calendar bills that affect nine school districts and three statewide education bills passed the House and have been sent to the Senate for consideration. The House Education K-12 Committee approved two controversial education bills – HB 187: Equality In Education and HB 188: Standards of Student Conduct – which you can read more about below.

Statewide Education Bills that Passed the House

On Wednesday, the following bills passed the House.

  • HB 67: Encourage Healthy NC Food in Schools(primary sponsors: Representatives Julia Howard, R-Davie; Mitchell Setzer, R-Catawba; Jimmy Dixon, R-Duplin)
    • Passed 107-8
    • Requires 100% muscadine grape juice to be available to K-12 students in public school units as a part of a school’s nutrition program or through the operation of the school’s vending facilities
    • Click herefor an official bill summary
  • HB 150: School Contracted Health Services(primary sponsors: Representatives John Bradford, R-Mecklenburg; Kristin Baker, R-Cabarrus; Kevin Crutchfield, R-Cabarrus; Carla Cunningham, D-Mecklenburg)
    • Passed 109-4
    • Allows parent choice in nursing services for children with disabilities who received nursing services prior to the services being required by the child’s individualized education program (IEP) or prior to enrolling in their current school, if certain criteria are met
    • Prior to approval by the House Education K-12 Committee, HB 150 was modified from applying to any service for children with disabilities to only nursing services and liability requirements were added
    • Issues with HB 150 include: Nursing services for students with disabilities are often paid using federal IDEA funds. Depending on the amount of the expenditure, the federal government may require a competitive bid process to award a contract that will be paid using the IDEA funds. Contracts for services to be provided by nurses chosen by parents will not go through a competitive purchasing process. Therefore, school districts will need to ensure that either (1) the cost of the services falls below the threshold for mandatory competitive bidding; or (2) if competitive bidding would be required, the contract is paid with non-federal (state or local) funds. The bill sponsor stated districts will not receive additional state funding for these nurses.
    • Click here for an official bill summary
  • HB 207: Mandatory Training Contributing to CEUs (primary sponsors: Representatives Jeffrey Elmore, R-Wilkes; Ashton Clemmons, D-Guilford; John Torbett, R-Gaston)
    • Passed 113-0
    • Allows education professionals to obtain continuing education units from completing mandatory trainings
    • Click here for an official summary

Statewide Education Bills Approved by House Committee

On Tuesday, the following bills were approved by the House Education K-12 Committee.

  • HB 187: Equality in Education(primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; David Willis, R-Union; Diane Wheatley, R-Cumberland)
    • Almost identical to a 2021 bill vetoed by Governor Cooper
    • Lists 13 concepts that are prohibited from being promoted in public schools, including:
      • One race or sex is inherently superior to another race or sex
      • An individual, solely by virtue of his or her race or sex, is inherently racist, sexist, or oppressive
      • An individual, solely by virtue or his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex
      • The United States was created by members of a particular race or sex for the purpose of oppressing members of another race of sex
    • Requires public school units (PSUs) to notify DPI and post to their website information about:
      • Instruction regarding the 13 concepts
      • Contracting with, hiring, or otherwise engaging speakers, consultants, diversity trainers, and other persons for the purpose of discussing the 13 concepts
    • Lists examples of what the 13 concepts and the PSU requirements do NOT apply to, including:
      • Speech protected by the First Amendment
      • Materials or supplemental instruction that include impartial discussion of controversial aspects of history and impartial instruction on historical oppression of particular groups of people
      • Materials accessed on an individual basis for research or independent study that advocate one or more of the 13 concepts
    • Click here for an official bill summary
    • Click here for an article on the Committee’s discussion and approval of HB 187
    • HB 187 has been referred to the House Rules Committee
  • HB 188: Standards of Student Conduct (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; David Willis, R-Union; Diane Wheatley, R-Cumberland)
    • Similar to a 2021 bill that passed the House but was not taken up by the Senate
    • Requires LEAs to use best practices in developing discipline policies that do not discriminate against students on the basis of race, ethnicity, national origin, gender, or disability
    • Requires LEAs to include in their discipline policies measures that will be taken to support a student during suspension, including mitigating learning loss
    • Prior to Committee approval, an amendment failed that would have restored the bill’s stricken language that provides examples of conduct not deemed to be a serious violation
    • Click here for an article on the Committee’s discussion and approval of HB 187
    • HB 188 has been referred to the House Judiciary 1 Committee and is scheduled for a hearing, next Wednesday, March 22, at 12:00 pm (livestream)
  • SB 52: Open Meetings/Administering Organizations(primary sponsors: Senators Vickie Sawyer, R-Iredell; Todd Johnson, R-Union; Tom McInnis, R-Moore)
    • Requires an administering organization of high school interscholastic athletics to comply with the provisions of the open meetings law
    • Prior to Committee approval, the recently added section of the bill that grants the State Superintendent the final authority for high school interscholastic athletic eligibility appeals was removed, reverting the bill back to it’s original language
    • Click here for an official bill summary
    • SB 52 has been referred the House Rules Committee

Statewide Education Bills Approved by Senate Committee

On Wednesday, the following bills were approved by the Senate Education/Higher Education Committee and referred to the Senate Rules Committee.

  • SB 90: Searches of Student’s Person(primary sponsors: Senators Michael Lazzara, R-Onslow; Amy Galey, R-Alamance; Vicki Sawyer, R-Iredell)
    • The original bill was amended by the Senate Education/Higher Education Committee
    • Requires public school units to adopt a policy on school officials searching students consistent with State and federal law
    • Requires all searches to be conducted by one school official and one adult witness who are the same sex as the student being searched, including searches of backpacks, vehicles, etc.
      • This requirement also includes instances when students are going through metal detectors
    • NCSBA will continue to work with the bill sponsors to improve SB 90
    • Click here for an official bill summary    
  • SB 193: Career Development Plans (primary sponsors: Senators Amy Galey, R-Alamance; Michael Lee, R-New Hanover)
    • Requires middle and high school students to complete career development plans
    • During bill presentation to the Committee, it was noted that this is an initiative from the State Superintendent and DPI that would not require additional personnel or funding
    • Click here for an official bill summary

This week, the following bills were approved by the Senate Education/Higher Education Committee and the Senate Rules Committee. The next stop for these bills in the Senate floor.

  • SB 187: Teacher Licensure/Retired Educator Program (primary sponsors: Senators Tom McInnis, R-Moore; Todd Johnson, R-Union; Lisa Barnes, R-Nash)
    • Makes limited teacher licenses renewable if certain criteria are met, including proof of teacher effectiveness by meeting or exceeding expected growth according to the Education Value-Added Assessment System (EVAAS)
    • Encourages a teacher with a limited license to continue to pursue a continuing professional license (CPL)
    • Click here for an official bill summary
  • HB 11: Schools for the Deaf and Blind(primary sponsors: Representatives Hugh Blackwell, R-Burke; Ken Fontenot, R-Wilson; Erin Pare, R-Wake; Dianne Wheatley, R-Cumberland)
    • Upon request, for a student who has applied to a school for the deaf or blind, requires the local superintendent to share current evaluation data and the current or proposed individualized education plan for any child enrolled in that superintendent’s public school unit
    • Establishes boards of trustees to govern the State’s schools for the deaf or blind, taking away the State Board of Education’s authority as the sole governing agency and DPI’s administrative responsibilities and oversight of these schools
    • Allows these boards of trustees to collaborate with local boards of education in the development of rules, curriculum, or other matters and to enter memorandums of understanding or joint contracts with local boards of education to engage in joint undertakings or purchase
    • Click here for an official bill summary

School Calendar Bills with Action This Week

On Wednesday, the following local school calendar bills passed the House on voice votes and were sent to the Senate for consideration.

  • HB 70: School Calendar Flexibility/Halifax (primary sponsor: Representative Michael Wray, D-Northampton)
    • Allows Halifax County Schools to open as early as the Monday closest to August 10 and close no later than the Friday closest to June 11
    • Click here for an official bill summary
  • HB 163: School Calendar Flexibility (primary sponsor: Representative Steve Tyson, R-Craven)
    • Allows the Craven County Board of Education to open schools no earlier than August 10 and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester
    • Prior to approval, the House Education K-12 Committee added a section allowing the Hyde County Board of Education to set different opening dates for their schools depending on the location of the schools
    • Click here for an official bill summary
  • HB 176: School Calendar Flexibility (primary sponsor: Representative John Sauls R-Lee)
    • Allows the Lee County and Harnett County boards of education to open schools no earlier than August 10 and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester
    • Prior to approval, the House Education K-12 Committee added the Harnett County Board of Education to the bill
    • Click here for an official bill summary
  • HB 195: School Calendar Flexibility/Roanoke Rapids (primary sponsor: Representative Michael Wray, D-Northampton)
    • Allows the Roanoke Rapids Graded School District Board of Education to have local control over the school calendar and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester
    • Click here for an official bill summary
  • HB 221: School Calendar Flexibility/Yadkin & Davie Co. (primary sponsor: Representative Julia Howard, R-Davie)
    • Allows Yadkin and Davie County boards of education to align their calendar with Surry Community College or Davidson-Davie Community College calendars
    • Click here for an official bill summary
  • HB 236: School Calendar Alignment/Carteret (primary sponsor: Representative Celeste Cairns, R-Carteret)
    • Allows the Carteret County Board of Education to align its calendar with the Carteret Community College calendar
    • Click here for an official bill summary

On Tuesday, the following local school calendar bills were approved by the House Education K-12 Committee and referred to the House Rules Committee:

  • HB 160: School Cal. Flexibility/Buncombe & Asheville (primary sponsors: Representatives Lindsey Prather, D-Buncombe; Eric Ager, D-Buncombe; Caleb Rudow, D-Buncombe)
    • Allows the Buncombe County and Asheville City boards of education to have local control over the school calendar
    • Click here for an official bill summary
  • HB 257: School Calendar Flexibility/Multiple Counties  (primary sponsors: Representatives Renee Price, D-Orange; Allen Buansi, D-Orange)
    • Allows the Caswell County, Chapel Hill-Carrboro City, and Orange County boards of education to open schools no earlier than August 11 and, if the first semester ends prior to December 31, allows the board to administer assessments prior to the end of that semester
    • Click here for an official bill summary

Overall, two statewide and 23 local school calendar bills have been filed during this legislative session. These bills give more control to local boards of education to create a school calendar that better fits the needs of their students and community. All local school calendar bills that have been filed affect 53 school districts – nearly half the school districts in the State. Click here for a list of the affected school districts. Click here for a list of these school calendar bills.

Local Education Bill that Became Law

On Wednesday, the House voted 67-48 along party lines to concur with Senate changes to HB 88: Omnibus Local Elections (primary sponsors: Representatives Jon Hardister, R-Guilford; John Faircloth, R-Guilford). Since this local bill does not require the Governor’s signature, it was ratified into SL 2023-4. This bill clarifies the filling of vacancies on the Guilford County Board of Education and makes elections partisan for the Ashe County, Cabarrus County, Henderson County, McDowell County, and Mitchell County boards of education. Click here for an official bill summary. Click here for an article on HB 88.

Local Education Bill Approved by House Committee

On Tuesday, HB 262: School Assignment Zones (primary sponsors: Representatives Phil Shepard, R-Onslow; George Cleveland, R-Onslow; Carson Smith, R-Pender) had its first committee hearing this week when the House Education K-12 Committee approved the bill and referred it to the House Local Government. HB 262 requires student assignment zones that allow students the opportunity to attend the schools closet to their residence in Onslow County Schools. Click here for an official bill summary.

 

Following, the State Supreme Court’s March 3 order to block the transfer of funds to comply with years two and three of the Leandro Comprehensive Remedial Plan, on March 10, Superior Court Judge James Ammons held his first hearing in the Leandro case. As a reminder, Judge Ammons was assigned to the case on December 29, 2022. Judge Ammons ordered the parties to file briefs by March 15, followed by a hearing today, March 17. During today’s hearing, parties in the case agreed that $677 million remains to be appropriated for years two and three of the Plan. The attorney representing legislative intervenors, House Speaker Tim Moore and Senate Leader Phil Berger, claim the remaining appropriation is much lower. Judge Ammons stated that draft orders are due in one week, and then he will issue an order that includes the remaining balance for years two and three of the Plan.

Click here for an article on the March 10 hearing, which includes background on the Leandro case.

 

The local bill filing deadline for the Senate was March 9, and the local bill filing deadline for the House is next Thursday, March 23. Public/statewide bill filing deadlines for the House and Senate are in April.

The following are additional education-related bills that were filed this week.

Statewide Bills

  • SB 302: Green Schools Save Money (primary sponsor: Senator Graig Meyer, D-Orange)
    • Appropriates funds to improve energy efficiency in schools in local school districts, to power schools with solar energy, and to replace combustion-powered school buses with electric-powered school buses
  • HB 366: Restores Master’s Pay for Teachers & ISP (primary sponsors: Representatives Julie von Haefen, D-Wake; Cynthia Ball, D-Wake; Amos Quick, D-Guilford; Lindsey Prather, D-Buncombe)
    • Identical to HB 369 (primary sponsor: Representatives Carla Cunningham, D-Mecklenburg) and SB 184 (primary sponsors: Senators Joyce Waddell, D-Mecklenburg; Rachel Hunt, D-Mecklenburg; Mujtaba Mohammed, D-Mecklenburg)
    • Appropriates funds to reinstate education-based salary supplements for teachers and instructional support personnel
  • HB 382: Registered Nurses in Schools (primary sponsors: Representative John Bradford, R-Mecklenburg; Donna White, R-Johnston; Tricia Cotham, D-Mecklenburg; Carla Cunningham, D-Mecklenburg)
    • Allows licensed registered nurses to serve as school nurses
  • HB 391: Civic Youth Group Access (primary sponsors: Representatives Stephen Ross, R-Alamance; Jon Hardister, R-Guilford; John Bell, R-Wayne; Kevin Crutchfield, R-Cabarrus)
    • Allows civic youth groups to give presentations about organization membership to students in public schools
  • HB 398: Child Care Act (primary sponsors: Representatives Carolyn Logan, D-Mecklenburg; John Autry, D-Mecklenburg; Gloristine Brown, D-Pitt; Garland Pierce, D-Scotland)
    • Provides lunch in public schools at no cost to students through an allocation based on school authority evaluations
    • Requires a report on the feasibility and advisability of a high school child care apprenticeship program
    • Expands the NC Pre-K program
  • HB 405: Funds for Ready for School, Ready for Life (primary sponsors: Representative Ashton Clemmons, D-Guilford; Jon Hardister, R-Guilford; John Faircloth, R-Guilford; Cecil Brockman, D-Guilford)
    • Appropriates funds to Ready for School, Ready for Life, to continue state financial support of an integrated data system for early childhood development programs
  • SB 317: Addressing the Workforce Housing Crisis (primary sponsors: Senators Paul Newton, R-Cabarrus; Timothy Moffit, R-Henderson; Paul Lowe, D-Forsyth)
    • Establishes workforce housing developments to address critical housing shortages for teachers, as well as firefighters, law enforcement officers, nurses, first responders, and other vital workers and first-time homebuyers

Local Bills

  • HB 406: Guilford County Schools Funding Requests (primary sponsors: Representative Ashton Clemmons, D-Guilford; Jon Hardister, R-Guilford; John Faircloth, R-Guilford; Amos Quick, D-Guilford)
    • Appropriates funds to continue programs in Guilford County Schools for tutoring, learning hubs, and the Innovative Signature Career Academy
  • SB 323: Funds for Renovations to Ashley Elementary (primary sponsor: Senator Paul Lowe, D-Forsyth)
    • Provides funds for renovation and construction at Ashley Elementary School in Winston-Salem/Forsyth County Schools

 

The following is the Consortium of State School Boards Association’s (COSSBA) most recent federal education report. 

March 13, 2023, Weekly Report

Headlines for this edition include:

  • US Department of Education Holds Briefing on Biden Budget
  • US House of Representatives Committee on Education and the Workforce Passes First Education-Related Bills

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

State News

National News

Tuesday, March 21

10:00 am – House Local Government – Legislative Building, rm 1228/1327 (livestream)

11:00 am – House Pensions and Retirement – Legislative Offices Building, rm 415 (livestream)

Wednesday, March 22

12:00 pm – House Judiciary 1 – Legislative Offices Building, rm 403 (livestream)

 

 

 

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

Rebekah Howard
Advocacy Coordinator
NC School Boards Association
rhoward@ncsba.org

Madison Skeens
Assistant Director of Governmental Relations
N.C. School Boards Association
mskeens@ncsba.org

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

Ramona PowersNCSBA Legislative Update – March 17, 2023